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THE LETTERS AND THE LIFE
FRANCIS BACON
INCLUDING ALL HIS
OCCASIONAL WORKS
NAMELY
LETTEBS SPEECHES TEACTS STATE PAPERS MEMORIALS DEVICES
AND ALL AUTHENTIC WRITINGS NOT ALREADY PRINTED AMONG HIS
PHILOSOPHICAL LITERARY OR PROFESSIONAL WORKS
NEWLY COLLECTED AND SET FORTH
IN CHRONOLOGICAL ORDER
WITH A
COMMENTARY BIOGRAPHICAL AND HISTORICAL
BY
JAMES SPEDDING
VOL. III.
LONDON:
LONGMANS, GEEEN, EEADEE, AND DYEE.
1868.
J B. TAYLOR AND CO., PBINTERS,
LITTLE QUEEN STREET, LINCOLN'S INN
6
M53
1 357
V, 10
PREFACE.
THE two volumes last published included all Bacon's occasiona
works of the descriptions enumerated in the title-page, up to
April 1601. The two which I publish now carry on the series
to the end of 1613, when he had just been made Attorney
General. They are set forth upon the same plan in all respects
as the former, and what I have to say about each piece will be
found beside it.
The chief thing to be noticed here is the engraving which
accompanies this volume, but which it will probably be thought
expedient to transfer to Vol. I.
In the " History and Plan of the Edition " prefixed to the
Philosophical works, I told what I then knew about the portraits
of Bacon: at which time (January, 1857) I had not seen any
likeness of him in mature life which did not appear to be trace-
able to one or other of two originals, the full-length painting
at Gorhambury by Van Somer, or the old engraving by Simon
Pass. But among the miniatures lent to the South Kensington
museum for exhibition in 1865 there was a small one belonging
to the Duke of Buccleuch, which though evidently representing
not only the same man but the same likeness of the same man
as Van Somer's picture, could not be taken for a copy of it.
In all those points in which copies always agree and independent
originals always differ, the attitude, the point of view, the
arrangement of the dress, the light and shadow, etc., the
resemblance between the two was exact : in all those in which
all copies fall short and only the best come near, the physio-
gnomical character, the drawing of the more delicate features,
the living look, the differences were considerable and the
678140
iv PEEFACE.
inferiority of the large picture manifest. All that was in the
picture (as far as the head and shoulders) might easily have
been got from the miniature : but there was much in the
miniature which could not possibly have been got from the
picture. And though, if we judge from modern practice, it may
seem improbable that an artist of reputation like Van Somer
would have painted a full-length portrait of a living subject
from a miniature drawing by another man, I was told by the
late Sir Charles Eastlake that it is not so. In those times it
was the common practice (he said), when a portrait was wanted,
to have in the first instance a careful drawing done in minia-
ture; from which various copies would afterwards be made in
any size or style that might be wished; "and therefore" (he
added) "when you meet with two portraits of that period a
miniature and a life-size painting of which there is reason to
believe that one has been copied from the other, the presump-
tion always is that the miniature was the one taken from the life."
I am persuaded that there is no other way of explaining satis-
factorily the peculiar relation between these two; and I now
look upon the Duke of Buccleuch's miniature as the undoubted
head of that whole family of Bacon portraits.
That it has never been engraved before, I cannot assert posi-
tively ; for it is evident to me now that Houbraken's well-
known engraving was taken, not from Van Seiner's painting (as
I formerly supposed), but from this, either directly or through
some other copy. The resemblance however which convinces
me of that fact is only in the composition and the general effect.
It does not extend to the features, which are treated as usual
with so little care for the likeness that no one could guess from
the copy what the character of the face in the original really is.
Without saying therefore that it has never been engraved
before, I may at least say that another engraving was wanted :
and having by the Duke of Buccleuch's permission (for which I
hope everybody will join me in thanking him) had one made
directly from the original, I leave it to speak for itself and make
good its own title to acceptance.
Of the history and adventures of this miniature before it
PREFACE. V
came into the Duke's possession nothing, I believe, is known.
It is said to be by Peter Oliver ; though, if the dates be correct,
he must have been a very young man when it was clone. Isaac
Oliver is said to have died in 1617, Peter to have been born in
1601. The picture is dated 1620. If there is no better reason
for ascribing it to Peter than that his father was dead when the
date was inserted, it is obvious to suggest that the date repre-
sents the time when it was finished : the face may have been
painted some years earlier. But whether it were a very early
work of the son's or a very late one of the father's, or a work
left unfinished by the father and finished by the son, it is a
masterly performance, and bears upon its face the evidence of
its value. The letters seen round the margin, giving the year
date and the age date, are in the original painted with gold on
the blue background of the picture, round the inner border. In
white on black it was thought they would be scarcely visible. In
all other respects the engraving is as exact as it could be made.
There still remains to be discovered the original of Pass's
print ; which is to be sought for, not (as I once thought) among
pictures by Cornelius Jansen, but among miniatures by Hilliard
and the Olivers. A miniature undoubtedly representing the
same portrait, and also ascribed to Peter Oliver, was to be seen
in another part of the same exhibition at South Kensington ;
and though I cannot think that it was the same which Pass
engraved, because the engraving has so much more life and cha-
racter in it, or that it can have been the work of either Oliver's
own hand at any stage in the development of their powers, it
affords a fair presumption that such a miniature was once in
existence.
The new matter of Bacon's own, contained in these two
volumes, reckoning as new not only what has not been printed
before, but what has not been included in any former edition of
Bacon's works would fill about 150 pages, if collected together.
A good deal of it however consists of notes of his speeches in
Parliament, taken from the Journals of the House of Commons;
which are so disjointed and fragmentary that it will be a ques-
tion with many, whether they ought to have been included in a
vi PEEFACE.
work of this kind. It was a question with myself. But as I
believe them to be genuine fragments of his speeches, taken
down at the time as fast as a not very ready writer could follow ;
and as the proceedings of Parliament were so important a part
of the business of the time, and Bacon so important an actor in
them; and as I have myself learned from these fragmentary
and disjointed notes so much about his political life which I
could not have learned either from summary accounts or ex-
tracts ; I thought it better to print all that there are, and so
bring the whole of the evidence within reach of everybody. In
order to make them as intelligible as I could, I have been
obliged to enter into a history and discussion of the Parliamen-
tary proceedings more minute than has been attempted before,
and I think it will be found that there is both novelty and in-
terest in the matter which the investigation has brought out. To
myself at least much of it is new.
All the pieces in these, as in the preceding volumes, have
been collated with the originals referred to in the footnotes : in
most cases the proof-sheets have been corrected from them ; nor
have any alterations been admitted without notice into the text,
except in regard of spelling and punctuation. In spelling and
punctuation I have followed modern usage in all cases but one,
which is peculiar. The Commentarius Solutus, which will be
found near the beginning of the next volume, is copied from a
note-book of private memoranda, of which a large proportion
are set down in so abbreviated a form that the interpretation is
doubtful. To supply the full words by conjecture would be to
settle innumerable questions without authority, and at the same
time to obliterate the facts upon which the conjecture rests. In
this case therefore I have endeavoured to produce a literatim
copy ; and having had the best assistance both in deciphering
the manuscript and correcting the proofs, I hope it will be found
to be as nearly a fac-simile of the original as was compatible
with the use of my type and the length of my line. 1
J. S.
1 The date however at the top of p. 63 ought to be 26, instead of 25. The
error appears to have crept in after the proofs were settled, in replacing an im-
perfect letter. It was 26 in the last revise which I saw.
CONTENTS
OF THE THIRD VOLUME.
*
BOOK III.
CHAPTER T.
A.D. 1601, APRIL DECEMBER. .&TAT. 40.
Page
1. Altercation between Bacon and Coke in the Exchequer . . 1
LETTER TO MR. SECRETARY CECIL, 29th of April, 1601 . 2
LETTER OP EXPOSTULATION TO THE ATTORNEY GENERAL . 4
2. Death of Anthony Bacon. His character and services . . 5
Story told of him by Sir Henry Wotton examined and explained . 9
3. Fines and pardons of the persons engaged in Essex's Conspiracy.
Sum assigned to Bacon out of Catesby's fine . . . .14
LETTER TO MR. M. HICKES. [Aug. 1601] . . . .14
4. The Queen and the Monopolies. Occupation of Kinsale in Ire-
land by the Spaniards. A new Parliament summoned . .15
5. Notes of Speeches by Bacon.
SPEECH ON BRINGING IN A BILL AGAINST ABUSES IN WEIGHTS
AND MEASURES 17
SPEECH FOR REPEALING SUPERFLUOUS LAWS . . .19
6. Grant of 4 subsidies, payable in three years and a half . . 20
KEPORT OF BILL TOUCHING THE EXCHEQUER . . .21
8. Commencement of the attack upon Monopolies . . . .23
SPEECH IN THE HOUSE AGAINST A BILL FOR THE EXPLANA-
TION OF THE COMMON LAW IN CERTAIN CASES OF LETTERS
PATENTS . 26
Bill committed.
SPEECH IN COMMITTEE AGAINST THE SAME . . .28
Motion for a petition to the Queen for leave to pass an Act making
monopolies of no more force than they are at the Common Law.
Seconded by Bacon : but no decision taken. Cecil's inter-
ference. The Queen's message. Proclamation to suspend the
execution of Monopoly patents till tried by Common Law.
viii CONTENTS.
Pago
Satisfaction of the House. The Queen's last speech to her people 29
9. Notes of Speeches on several occasions.
SPEECH ON BRINGING IN A BILL CONCERNING ASSURANCES
AMONG MERCHANTS 34
SPEECH AGAINST THE REPEAL or THE STATUTE OF TILLAGE . 35
SPEECH AGAINST A MOTION FOR MAKING A JUDICIAL EXPO-
SITION OF A STATUTE PART OF THE STATUTE . . .36
SPEECH AGAINST COMMITTING TO THE TOWER FOR AN AS-
SAULT ON A MEMBER'S SERVANT 37
SPEECH AGAINST THE REPEAL OF AN ACT RELATING TO CHA-
RITABLE TRUSTS 38
CHAPTER II.
A.D. 1601-1603, DECEMBER APRIL. ^ETAT. 41-43.
1. Money difficulties. Mortgage of Twickenham Park. Eeference
to the Lord Treasurer.
THE STATEMENT OF THE CAUSE BETWIXT MR. ERA. BACON
AND MR. TROTT 40
2. Defeat of the Spanish forces in Ireland . . . . .44
LETTER TO MR. SECRETARY CECIL enclosing CONSIDERATIONS
TOUCHING THE Q,UEEN's SERVICE IN IRELAND . . .45
3. Submission of Tyrone. Montjoy's instructions and proceedings.
Illness and death of Elizabeth . . . . . .53
4. James I. proclaimed King . . . . . . .55
Bacon seeks to get himself recommended to his favour . .56
LETTER TO MR. MICHAEL HICKS, 19 March, 1602 . . 57
LETTER TO THE EARL OF NORTHUMBERLAND, A FEW DAYS
BEFORE QUEEN ELIZABETH'S DEATH . . . .58
Letters to Gentlemen of the Scotch Court.
A LETTER TO MR. DAVID FOULES IN SCOTLAND UPON THE
ENTRANCE OF HIS MAJESTY'S REIGN . . . .59
A LETTER TO EDWARD BRUCE, ABBOT OF KINLOSS . . 60
AN OFFER OF SERVICE TO HIS MAJESTY K. JAMES UPON
HIS FIRST COMING IN 62
A LETTER RECOMMENDING HIS LOVE AND SERVICES TO SlR
THOMAS CHALLONER, THEN IN SCOTLAND, UPON HIS MA-
JESTY'S ENTRANCE 63
A LETTER TO MR. FOULES, 28TH OF MARCH, 1603 . . 64
A LETTER TO MR. DAVYS, THEN GONE TO THE KlNG, AT
HIS FIRST ENTRANCE, MARCH 28, 1603 . . . .65
A LETTER TO DR. MORRISON, A SCOTTISH PHYSICIAN, UPON
HIS MAJESTY'S COMING IN 66
CONTENTS. ix
Page
A LETTER TO MY LoilD OF NORTHUMBERLAND, MENTIONING
A PROCLAMATION DRAWN FOR THE KlNG AT HIS ENTRANCE 6?
A PROCLAMATION DRAWN FOR HIS MAJESTY'S FIRST COMING
IN, PREPARED BUT NOT USED 67
Proceedings of the Council during the interregnum . . .71
A LETTER TO MR. TOBY MATTHEW, SIGNIFYING THE WISE
PROCEEDING OF KlNG JAMES AT HIS FIRST ENTRANCE TO
THIS KINGDOM ........ 73
A LETTER TO MR. ROBERT KEMPE UPON THE DEATH OF
QUEEN ELIZABETH 74
Relations between Bacon and Lord Southampton.
A LETTER TO THE EARL OF SOUTHAMPTON UPON THE KlNG's
COMING IN 75
Bacon's interview with the King and first impressions.
A LETTER TO THE EARL OF NORTHUMBERLAND AFTER HE
HAD BEEN WITH THE KlNG . . i . . . 76
CHAPTER III.
A.D. 1603. jETAT. 43.
1. Bacon's official position and prospects . . . . .78
2. State of his private affairs. Project of marriage.
LETTER TO ROBERT, LOUD CECIL, 3 July, 1603 . . .79
LETTER TO THE SAME, 16 July, 1603 81
A NOTE OF MY DEBTS 82
3. Progress of philosophical speculations. Preface to intended trea-
tise De Interpretatione Naturae ...... 82
Probable occasion and object of book on the Advancement of
Learning .......... 88
4. A BRIEF DISCOURSE TOUCHING THE HAPPY UNION OF THE
KINGDOMS OF ENGLAND AND SCOTLAND : dedicated in pri-
vate to hia Majesty 90
5. Dispute between the High Churchmen and the Puritans. True
policy of the government . . . . . . 99
CERTAIN CONSIDERATIONS TOUCHING THE BETTER PACIFICA-
TION AND EDIFICATION OF THE CHURCH OF ENGLAND . 103
6. Conference at Hampton Court. Order of proceeding. Results . 127
CHAPTER IV.
A.D. 1603. JKTAT. 43.
1. The Priest's plot. Trial of Sir Walter Ralegh . . .133
X CONTENTS.
Page
2. Popular impressious with regard to Bacon's conduct towards
Essex : whence derived. Convenience of the time for explana-
tion 136
SIR FRANCIS, BACON HIS APOLOGY IN CERTAIN IMPUTATIONS
CONCERNING THE LATE EARL op ESSEX ; in a letter to Lord
Montjoy, now Earl of Devonshire ..... 139
Reasons for believing that the explanation was not considered un-
satisfactory by Bacon's contemporaries . . . . .161
CHAPTER V.
A.D. 1604. J2TAT. 44.
1. A new Parliament summoned. Great question of Privilege : Sir
Francis Goodwin's case. Conference with the King . . 163
NOTES OF BACON'S SPEECH ON THE QUESTION WHETHER THE
COMMONS SHOULD AGREE TO A CONFERENCE WITH THE
JUDGES (March 29) 166
Committee appointed to draw up reasons against conferring
Bacon to deliver them to the Lords 167
NOTES OF HIS REPORT TO THE HOUSE (April 3) . . 167
Committee appointed to confer with the Judges Bacon to be
spokesman ......... 169
NOTES OF HIS REPORT OF THE CONFERENCE (April 11) . 169
Compromise proposed and agreed to . . . . .172
2. Arrest 6f Sir Thomas Shirley for debt. Dispute between the
Commons and the Warden of the Fleet . . . .172
NOTES OF BACON'S SPEECH (May 10) . . . .175
Interference of the King 176
3. State of the law with regard to Wardship, Purveyance, Monopo-
lies, etc., referred to a Committee . . . . .176
Resolutions of Committee reported by Bacon. NOTES OF
REPORT (March 26) .'.','. . . .178
Conference with the Lords concerning Wardship agreed to.
Reported by Bacon .' 178
NOTES OF REPORT 179
4. Petition to the King touching Purveyors, presented (April 27).
A SPEECH MADE BY SlR FRANCIS BACON, KNIGHT, CHOSEN
BY THE COMMONS TO PRESENT A PETITION TOUCHING
PURVEYORS, DELIVERED TO HTS MAJESTY IN THE WITH-
DRAWING CHAMBER AT WHITEHALL IN THE PARLIAMENT
HELD 1 ET 2 JAC. THE FIRST SESSION (April 27) . .181
NOTES OF BACON'S REPORT OF THE KING'S ANSWER . . 187
CONTESTS. xi
Pe
Conference with the Lords touching Purveyors reported by
Bacon.
NOTES OF REPORT 189
Further proceeding postponed till next session . . . 190
Proceedings with regard to the Union. Debate on the union in
name . . . . . . . . . .190
NOTES OF BACON'S FIRST SPEECH (April 16) . . . 191
Preparations for Conference with the Lords. NOTES OF BACON'S
SECOND SPEECH (April 19) ...... 192
The King makes a speech to the members of the Lower House,
and offers a project of an Act of Parliament . . .193
NOTES OF BACON'S KEPORT OF THE KING'S SPEECH (April
21) 195
Dissatisfaction of the Commons. Abortive Conference with the
Lords. The King's ' project ' referred by him to the Judges.
Objections to change of name. Committee instructed to make
preparations for another Conference with the Lords . . 196
BACON'S REPORT OF THE ARRANGEMENTS MADE BY THE
COMMITTEE (April 27) 197
The Judges unfavourable to the change of name by Act of Par-
liament. Conference with the Lords. NOTES OF BACON'S
INTRODUCTORY SPEECH. Commissioners of Union to be
appointed. NOTES OF BACON'S REPORT OF THE CONFE-
RENCE (April 30) 200
OTHER CONFERENCES REPORTED BY HIM (May 1, 2, 9) . 202
Draft delivered in by Bacon, of AN ACT FOR THE BETTER
GROUNDING OF A FURTHER UNION TO ENSUE BETWEEN
THE KINGDOMS OF ENGLAND AND SCOTLAND (May 12) . 204
Commissioners chosen and Act passed ..... 207
Dissatisfaction of the King. His letter to the Commons . . 207
Conference with the Lords about a book published by a Bishop
in derogation of the Lower House. NOTES OF BACON'S RE-
PORT OF THE CONFERENCE. The Bishop rebuked and made
to acknowledge his error. Liberty of the Press . . .208
Protest of Convocation against pretensions of the House of
Commons. Unsatisfactory conference with the Lords on
Wardships and Tenures. Another speech from the King.
Union Act passed with unusual expedition. Interchange of
explanations. Apology of the Commons. Hint from the
Lords that a subsidy would be welcome . . . .210
NOTES OF BACON'S REPORT ov CONFERENCE (June 22) . 214
Motion received doubtfully and withdrawn by the King's desire.
Parliament prorogued (July 7) ...... 215
xii CONTENTS.
Page
LETTER TO TOBY MATTHEW . . 216
CHAPTER VI.
A.D. 1604, JULY DECEMBER. .ETAT. 44.
1. Vacation work. Preparations for the meeting of the Commis-
sioners for the Union. LETTER TO SIR ROBERT COTTON
(Sept. 8) 217
CERTAIN ARTICLES OR CONSIDERATIONS TOUCHING THE UNION
OF THE KINGDOMS OF ENGLAND AND SCOTLAND . . . 218
2. DRAUGHT OF A PROCLAMATION TOUCHING HIS MAJESTY'S
STILE ; PREPARED NOT USED 235
3. Proceedings of the Commissioners for the Union. Notes from
Journal 240
4. Resolutions digested into form by Bacon, and a preamble prepared
THE MOST HUMBLE CERTIFICATE OR RETURN OF THE COM-
MISSIONERS OF ENGLAND AND SCOTLAND, AUTHORISED TO
TREAT OF AN UNION FOR THE WEAL OF BOTH REALMS. 2
JAC. 1. PREPARED BUT ALTERED ..... 242
Unanimity of the Commissioners (all but one) and prosperous
despatch of their business (Dec. 6, 1604). Causes of delay
in submitting their recommendations to Parliament . .245
CHAPTER VII.
A.D. 1605-6. .ETAT. 45.
1. The Solicitor-General (Fleming) made Chief Baron. Doderidge
made Solicitor (Oct. 28, 1604) 247
2. Interval of leisure for Bacon. Progress of the Advancement, of
Learning .......... 248
LETTER TO THE LORD CHANCELLOR, TOUCHING THE HISTORY
OF BRITAIN. (April 5, 1605) 249
3. Publication of the Advancement of Learning. Presentation copies.
A LETTER TO THE EARL OF NORTHAMPTON, WITH REQUEST
TO PRESENT HIS BOOK TO HIS MAJESTY .... 252
A LETTER TO SIR THOMAS BODLEY, UPON SENDING HIM HIS
BOOK OF THE ADVANCEMENT OF LEARNING . . . 253
A LETTER TO THE EARL OF SALISBURY, UPON SENDING HIM
ONE OF HIS BOOKS OF ADVANCEMENT OF LEARNING . . 253
A LETTER TO THE LORD TREASURER BUCKHURST, UPON THE
SAME OCCASION OF SENDING HIS BOOK OF ADVANCEMENT
OF LEARNING . 254
CONTENTS. Xlll
Page
A LETTER OF THE LIKE ARGUMENT TO MY LORD CHANCELLOR 254
4. Gunpowder Plot .........
LETTER TO TOBY MATTHEW 255
Bishop Andrewes and the Advancement of Learning. Death of
the Chief Justice of the Common Pleas. Succeeded by Sir
Francis Gawdy, puisne Judge of the King's bench . .256
5. LETTER TO THE EARL OF SALISBURY: Enclosing an Examina-
tion relating to the Gunpowder Plot 257
LETTKR TO SIR M. HICKES (Jan. 27) .... 259
6. Second session of James's first Parliament. The King relates
the discovery of the Plot (Nov. 9, 1605). Adjournment to
January 21. Altered temper of the Commons. Grant of 2
subsidies agreed upon (Feb. 10). Question of Union post-
poned .......... 259
7. Articles against Recusants. Conference between the two Houses.
NOTES OF BACON'S REPOBT (Feb. 7) . . . . 262
8. Conference on Ecclesiastical grievances. Deprived Ministers . 264
NOTES OF BACON'S REPORT (April 29) .... 265
9. Question of Purveyance resumed. Bill brought in. Conferences.
NOTES OF BACON'S REPORT (March 1) .... 267
Second Conference (March 4). Coke argues against the bill.
Long debates in the House. Bacon in favour of composition.
NOTES OF HIS SPEECH (March 7) 269
Composition given up. Bill proceeded with, but lost in the
Upper House 271
Proclamation put forth for the prevention of future abuses in
Purveyance 272,
10. Progress of Subsidy Bill. Grant of 2 subsidies agreed to
(Feb. 10). A third to be added, and Committee instructed ac-
cordingly (March 18). Bacon to report proceedings . .273
LETTER TO THE EARL OF SALISBURY (March 22) . . 275
Rumour that the King had been assassinated.
NOTES OF BACON'S REPORT FROM THE SUBSIDY COMMITTEE
(March 25) 276
Bill for 3 subsidies agreed on. Preamble to be drawn by Bacon.
LETTER TO THE EARL OF SALISBURY . . . . 277
Bill passed and ready ; but has to wait for the Grievances.
Grievances presented May 13, answered May 14 : Subsidy
bill sent up to the Lords May 15 278
11. The King and the Grievances. His public declaration to the
Commons through the Speaker (March 18). Course pur-
sued by the Commons in collecting and presenting them . 278
NOTES OF BACON'S REPORT OF THE KING'S ANSWER (May
15) .... ..... 282
xvi CONTENTS.
Page
A VIEW OF THE DIFFERENCES IN QUESTION BETWIXT THE
KING'S BENCH AND THE COUNCIL IN THE MARCHES . 368
SUGGESTION SUBMITTED TO THE EAKL OF SALISBURY FOK
THE SETTLING OF THE DISPUTE BETWEEN THE KING'S
BENCH AND THE COURT OF WALES 382
4. A new President appointed with a new set of Instructions
PROCLAMATION TOUCHING THE MARCHES .... 385
5. Attempt to improve the constitution of petty juries by getting
gentlemen to serve on them.
PROCLAMATION CONCERNING JURORS 389
Index to Volume III. . 393
LETTERS AND LIFE OF FRANCIS BACON.
CORRIGENDA FOR VOL. III.
P.
7
10
11
12
21
23
54
218'
222
223
225
226
227
229
230
234
2-)")
265
346
1.
(last line)
28 .
6 .
15 .
19 .
1 .
17 .
6 (up)
13 .
25 .
28 .
11 .
(margin)
20 ' .
11 .
Marginal
2 (up)
last line
5
E.Cole.
parleria .
worth .
person .
collusion
out ....
the Commons .
the first
Commons . .
virtues . . .
cannot take it
or
an entire .
stamps . .
of York . . .
they shall bear _,
note 10 should be opposite 1. 7.
your .... you.
upon .... open,
thoughful . . . thoughtful.
read
R. Cole.
parkrie.
worth',
a person,
collision.
7.
out of.
your Commons,
their first.
Commissioners,
virtue,
can take,
and.
to be an entire,
stamps of.
at York,
they of Scotland shall bear.
1 Tins and the 9 following Corrigenda are from a MS. which I did not see till
after the sheets were worked off: Harl. MSS. 4149, fo. 114. It is only a collec
tor s copy, of no special authority; but I cannot doubt that it supplies the true
reading m these places.
deal as to the terras upon wnTcTTfbe two men naoituauy stoou 10-
wards each other.
The occasion was a motion made by Bacon in the Exchequer for
re-seizure of the lands of a relapsed recusant. In what way such
a motion was likely to affront the Queen's attorney-general, who
had never shown any tenderness for such offenders, I am not sure
VOL. III. B
XVI CONTENTS.
Page
A VIEW OF THE DIFFERENCES IN QUESTION BETWIXT THE
KING'S BENCH AND THE COUNCIL IN THE MARCHES . 368
SUGGESTION SUBMITTED TO THE EARL OF SALISBURY FOR
THE SETTLING OF THE DISPUTE BETWEEN THE KlNG's
BENCH AND THE COURT OF WALES ..... 382
4. A new President appointed with a new set of Instructions .
PROCLAMATION TOUCHING THE MARCHES .... 385
5. Attempt to improve the constitution of petty juries by getting
gentlemen to serve on them.
LETTERS AND LIFE OF FRANCIS BACON.
BOOK III.
CHAPTER I.
A.D. 1601. APRIL TO DECEMBER. ,ETAT. 40.
1.
IT is singular that of two men so remarkable in their several ways
as Bacon and Coke, whose fortunes, objects, tastes, ideas, and dis-
positions crossed each other at so many points, and whose busi-
ness must have brought them so continually into company and so
frequently into conflict, the personal relations should be so little
known. No anecdotes have been preserved by the news writers of
the day which enable us to form a clear idea of their behaviour to
each other when they met, the style of their conversation, or the
temper of their courtesies. Of one or two collisions on matters of
official business occurring at a later time we have Bacon's report ;
and of one or two passages of good-humoured repartee. But if it
were not for the two letters which come next in order, we should
know nothing of the sort of personal feeling which, on one side at
least, must have lain very near the surface, and been ready on pro-
vocation to break out. Prom the fact that Bacon on this occasion
thought it expedient to set down in writing a memorandum of what
passed, while it was fresh, we may infer that the case was excep-
tional. But if his report be true, it must be taken to imply a great
deal as to the terms upon which the two men habitually stood to-
wards each other.
The occasion was a motion made by Bacon in the Exchequer for
re-seizure of the lands of a relapsed recusant. In what way such
a motion was likely to affront the Queen's attorney-general, who
had never shown any tenderness for such offenders, I am not sure
VOL. III. B
2 LETTERS AXD LIFE OF FRANCIS BACOX. [CHAP. I.
that I understand correctly. But I suppose that the recusant in
question had been previously discharged from the penalties of re-
cusancy upon submission : and Bacon's argument for the reseizure
may have reflected on the management of the case on that occasion
in the Queen's behalf. " Reseiser" (says Cowell) " is a taking again
of lands into the King's hands, whereof a general livery or ouster le
main was formerly missued by any person or persons, and not ac-
cording to form and order of law." If such had been the case here,
it may have been through Coke's fault.
The thing is not elsewhere alluded to, so far as I know : nor was
this report made public at the time, or meant to be published after-
wards. It was addressed privately to Sir Robert Cecil, and remained
among the collections at Hatfield, where Murdin finding it sent a
copy to Birch, who printed it in his "Letters, Speeches, Charges,"
etc., in 1763. From his copy I take it, only with a slight alteration
in the date, which as given by Birch (24th of April, 1601) involves
a difficulty. For as the letter was obviously written either on or im-
mediately after the first day of a term, and Easter Term did not begin
in 1601 till the 29th of April, there must be a mistake somewhere.
And the figures 4 and 9 being, in Bacon's hand, often very like each
other, and the whole difficulty being removed by the correction of
that figure, I have not hesitated to make it. Even if the original
manuscript has been correctly copied, it is easier to suppose a slip
of Bacon's own pen, than to explain the date in any other way.
To MR. SECRETARY CECIL. 1
It may please your Honour,
Because we live in an age where every man's imperfections
is but another's fable ; and that there fell out an accident in the
Exchequer, which I know not bow nor how soon may be tra-
duced, though I dare trust rumour in it, except it be malicious
or extreme partial ; I am bold now to possess your Honour, as
one that ever I found careful of my advancement and yet more
jealous of my wrongs, with the truth of that which passed ; de-
ferring my farther request until I may attend your honour ; and
so I continue
Your Honour's very humble
and particularly bounden,
FR. BACON.
Gray s Inn, this 29th 2 of April, 1601.
1 Letters, Speeches, etc., p. 21.
8 24th in Birch's copy. But as Easter Term in 1601 began on the 29th of
April, there can be little doubt that it is a mistake.
1601.] ALTERCATION BETWEEN BACON AND COKE. 3
A true remembrance of the abuse I received of Mr. Attorney
General publicly in the Exchequer the first day of term ; for
the truth whereof I refer myself to all that were present.
I moved to have a reseizure of the lands of Geo. Moore, a
relapsed recusant, a fugitive, and a practising tray tor ; and shewed
better matter for the Queen against the discharge by plea, which
is ever with a salvo jure. And this I did in as gentle and rea-
sonable terms as might be.
Mr. Attorney kindled at it, and said, " Mr. Bacon, if you
have any tooth against me, pluck it out ; for it will do you more
hurt than all the teeth in your head will do you good." I an-
swered coldly in these very words ; " Mr. Attorney, I respect
you : I fear you not : and the less you speak of your own great-
ness, the more I will think of it."
He replied, " I think scorn to stand upon terms of greatness
towards you, who are less than little ; less than the least ;" and
other such strange light terms he gave me, with that insulting
which cannot be expressed.
Herewith stirred, yet I said no more but this : " Mr. Attor-
ney, do not depress me so far ; for I have been your better, and
may be again, when it please the Queen."
With this he spake, neither I nor himself could tell what, as
if he had been born Attorney General ; and in the end bade me
not meddle with the Queen's business, but with mine own ; and
that I was unsworn, &c. I told him, sworn or unsworn was all
one to an honest man ; and that I ever set my service first, and
myself second ; and wished to God, that he would do the like.
Then he said, it were good to clap a cap. utlegatum upon my
back ! To which I only said he could not ; and that he was at
a fault ; for he hunted upon an old scent.
He gave me a number of disgraceful words besides ; which I
answered with silence, and shewing that I was not moved with
them.
The threat of the capias utlegatum was probably in reference to
the arrest of Bacon for debt in September, 1598. See Vol. II. p. 106.
What the "further request" may have been, or what the issue of it,
we have no information. But it appears from an undated letter
printed by Dr. Eawley in the ' Eesuscitatio ' from Bacon's own re-
gister, and suiting this occasion very well though usually placed later,
B 2
4 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
that Bacon thought it worth while to address some words of expos-
tulation to Coke himself. It is true that this letter, as printed in
the ' Ilesuscitatio,' contains the words " my master's service," which
would imply that it was written after the accession of King James.
But in the manuscript collection in the British Museum (Add. 5503),
which I take to be a better authority than Rawley's copies (see
Vol. I. p. 233, note 1), the word is clearly written Mris ; and in the
Remains, where the letter in question was first published, it is printed
" Mrs." And therefore the same reason which led Birch to date it
some time between March, 1603, and June, 1606, that is, between
the accession of James and the promotion of Coke to the Bench,
requires us to date it between November, 1595, and March, 1603,
that is, between the appointment of Fleming as solicitor, and the
death of Elizabeth ; during which period, though other occasions
may have occurred to provoke it, this is the only one which we know
did occur. This therefore is undoubtedly its proper place in this
collection, and if we suppose it to have been written on the 29th or
30th of April, 1601, we shall not be far wrong.
A LETTER OF EXPOSTULATION TO THE ATTORNEY-GENERAL,
SIR EDWARD CoKE. 1
Mr. Attorney,
I thought best, once for all, to let you know in plainness
what I find of 2 you, and what you shall find of me. You
take to yourself a liberty to disgrace and disable my law, my
experience, my discretion. What it pleaseth 3 you, I pray, think
of me : I am one that knows both mine own wants and other
men's ; and it may be, perchance, that mine mend, and others
stand at a stay. And surely I may not endure in public place to
be wronged, without repelling the same to my best advantage' to
right myself. You are great, and therefore have the more en-
viers, which would be glad to have you paid at another's cost.
Since the time I missed the Solicitor's place (the rather I think
by your means) I cannot expect that you and I shall ever serve
as Attorney and Solicitor together : but either to serve with an-
other upon your remove, or to step into some other course ; so as
I am more free than ever I was from any occasion of unworthy
conforming myself to you, more than general good manners or
your particular good usage shall provoke. And if you had not
' Addl. MSS. 5503, fo. 36. 2 So Res. The MS. has with.
3 So R. The- MS. reads " my discretion ; what it please you. I praye thinke
of mee, that I am that know," etc.
1601.] LETTER OF EXPOSTULATION. 5
been shortsighted in your own fortune (as I think) you might
have had more use of me. But that tide is passed. I write not
this to show my friends what a brave letter I have written 1 to
Mr. Attorney ; I have none of those humours. But that I have
written is to a good end/ that is to the more decent carriage of
my mistress' service, and to our particular better understanding
one of another. This letter, if it shall be answered by you in
deed, and not in word, I suppose it will not be worse for us both.
Else it is but a few lines lost, which for a much smaller matter I
would have adventured. So this being but 3 to yourself, I for
myself rest.
Bacon hail many grave objections, no doubt, to Coke's way of doing
liis business, and on a fit occasion would have been ready to state
them ; but there is no reason for thinking that he ever provoked this
kind of treatment by speaking of him either publicly or privately
with disrespect. Among the greatest admirers of Coke in modern
times there is none who has not admitted more to his disadvantage,
both morally and intellectually, (out of his own particular domain)
than Bacon ever alleged or insinuated, and within that domain Bacon
never questioned his preeminence ; although he hoped, in the course
of time, to do something in it himself that would raise the question
with posterity. In the meantime the tone in which he ordinarily
spoke of him as a lawyer may be inferred from a joke preserved in
Dr. Rawley's common-place book; which being too light to have a
section to itself, I insert here ; though a little before its true date.
In January 1602-3, the Queen made eleven new sergeants-at-law,
the last being one Barker, " for whose preferment (says Chamberlain)
the world finds no other reason but that he is Mr. Attorney's brother-
in-law." 4 " Nay, if he be Mr. Attorney's brother in law, he may well
be a sergeant," said Bacon, who, according to Kawley's story, was
standing by. 5
2.
It was about this time that Bacon lost his brother. " Anthony
Bacon," says Chamberlain to Carleton, writing on the 27th of May,
1601, " died not long since, but so far in debt that I think his brother
1 wrote MS., writ Remains. 2 end om. MS. 3 but om. Resusc.
4 Chamberlain's Letters, temp. Eliz. (Camb. Soc.), p. 177.
5 Lambeth MSS. 1034. Rawley writes "Lo. Coke" instead of "Mr. Attorney :"
not knowing the date. But there can be no doubt that this was the time. Raw-
ley's story begins, "When Sergeant Barker was made Sergeant, my Lo. said there
were 11 Biters and one Barker." Chamberlain's ends, " or else (as one said) that
among so many biters there should be one barker :" which sounds like the truer
vereion.
6 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. I.
is little the better by him." He had been suffering so long and so
severely from gout and stone that his early death requires no other
explanation, though the shock of mind which he must have felt from
the last proceedings of the Earl of Essex, and the disclosures con-
sequent upon them, would no doubt hasten the natural work of
disease.
This is not the place for an enquiry into his life and character, which
would indeed involve a review of great part of the foreign policy of
England during the last twenty years of the sixteenth century ; for
he was so entirely a man of business that to understand his life it
would be necessary to understand the business first. But being one
of the very few persons who have looked into the voluminous col-
lection of his correspondence preserved at Lambeth, having examined
much of it carefully and turned over the leaves of all, and come
from the perusal with a tolerably clear impression of his personal
character, though that was not the immediate object of my enquiry,
I may as well record it here: the rather because under Dr. Birch's
treatment the touches which disclose temper, humour, and character
are mostly lost in the process of translation from the first person
into the third, and from the living language of passion into the pro-
prieties of historical narrative. But the correspondence in its origi-
nal shape is fresh and lively, contains letters from both parties, and
ranges over fifteen or sixteen years. It is of the most various and
miscellaneous kind : and though the collection (never perhaps com-
plete) has suffered from the hand of time while it lay packed out of
the way in bundles, it has evidently suffered nothing from the hand
of selection. Everything seems to have been kept that was not lost
or mislaid. Letters from his mother with directions that they should
be burned immediately for fear his men should see them ; letters
from his steward, with details of receipt and payment; letters from
intelligencers abroad full of political secrets; letters from pressing
creditors, from wary purchasers, from Popish fugitives, and Protestant
preachers ; from attached patron, great acquaintance, familiar friends,
kinsmen more or less familiar, grateful dependants, lawyers, states-
men, doctors, money-lenders ; together with his own rough drafts,
written to dictation; all appear to have been preserved and docketed,
and are now bound up together, not indeed in perfect order, for the
arranger has not attended to the division of the civil year but in
such order that with a little trouble they may be read consecutively.
On the authority of this correspondence, in which it would be hard
for any salient feature of the character to hide itself, Anthony
Bacon may be confidently described as a grave, assiduous, energetic,
religious man, with decided opinions, quick feelings, warm attach-
1601.] ANTHONY BACON. 7
ments, and remarkable power of attaching others ; a geiitleman of
high strain, open handed and generous beyond his means ; but sensi-
tive and irritable ; a little too apt to suspect, feel, and resent an
injury ; a little too hasty to speak of it ; and occasionally, I dare say,
driven by the perplexities of pecuniary embarrassment into unreason-
ableness and injustice; but generally fair, tolerant, and liberal.
How far he was justly charged with extravagance it is not so easy
to judge. He spent more than his income ; but he spent it in public
service, and though T dare say he spent it freely, there is no evidence
to show that it was either unworthily spent or unwisely. The ac-
quaintance of many people, and of great people, was of real import-
ance to a man who aspired to supply England with intelligence from
France ; but it was necessarily expensive. The art of setting many
instruments in motion, and gathering the fruits of many men's in-
dustry, was an art of great value; but it could not be carried on
without liberal rewards. And though it may be truly said that if
expenses were incurred in the service of the government, the govern-
ment ought to have repaid him ; it may be as truly answered that
that was not the fashion in Elizabeth's days. Besides, his capacity
for service had first to be proved. He may have hoped that when
the value and the cost of his work should be known the loss would
be in some way made good, his future services accepted at their
worth, and his fortunes established. But his business at present was
to show what he could do, and a determination to keep his expendi-
ture within his income may have been a determination to forego
important opportunities. In a letter to his brother written in the
fifth year of his residence abroad, which would be in 1584 or 1585,
after speaking of a sum of 500 which he had sent for, and " which
I know," he adds, "will give occasion to my mother and you of
marvel, perhaps of suspicion," and after directing him to send certain
jewels, he goes on to say, " How I mean to employ them you shall
understand hereafter, and neither you nor any able to dislike, no
more than the rest of mine expenses ; if you knew as well as myself,
as by God's grace one day you shall, the times, places, manner, and
end of their spending." 1 And that the business in which he was
engaged was really of public importance, and therefore worth risks
arid sacrifices, appears from the terms in which his services were
acknowledged by the man who was of all others in the best position
to appreciate them. The following letter from Sir Francis Walsing-
hain was written about the same time as the letter to Francis Bacon
just quoted, and refers, if not to the same services, at least to services
of the same kind :
1 From a letter-book of A. B.'s belonging to Mr. E. Cole.
8 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
Sir,
I received your last of the 12th of February, and have not failed to
acquaint her Majesty with the contents thereof; who very graciously
accepteth that your so dutiful remembrance of her service, affirming that
the great care and diligence you have performed in that behalf showeth
whose son you are : as also that her Highness is right glad to find by so
good and kindly experience that she hath a gentleman of your quality so
towardly and able to do her service. And for that her Majesty is given
to understand that during the term of your travel hitherto you have often
fallen sick, and are still subject to great indispositions, she hath willed
me to signify unto you that she would have you for the time you are yet
to remain abroad to have a more earnest care to preserve your health ;
which her Highness doth especially charge you to do chiefly when you
remove from place to place, and that if not for your own safety, yet for
her own sake.
Touching the matter by you advertised, her Majesty conceiveth thereby
your ripeness of judgment, and (the particularities concurring with the
soundest advertisements she receiveth nearer hand) findeth that you have
had better intelligence in that corner than hath been received from any
others in those parts ; whereby it is seen that your credit is good with
the evil affected of that nation remaining there. And therefore, notwith-
standing you remove to Paris, I shall heartily pray you by all the best
means you may devise to continue your intelligence with the parties with
whom it seemeth you can prevail; very much the rather for that the same
may greatly import her Majesty's service.
For myself I must pray you to hold me excused, if hitherto I have not
often written unto you ; which I assure you hath happened through the
uncertainty of your being, occasioned as I hear by your long and often
sickness. And, lastly, for that I perceive how that your friends do
generally hold an opinion of your weak nature and indisposition, unfit to
abide the hardness you should find by travelling into other remote parts,
besides many other reasons they .have imparted unto you, persuading your
return, for mine own part, as one that for so many good respects wish you
so well as I do, I cannot but friendly advise you, after you have remained
there some time, to think on your repair home with as convenient speed as
you may, as well in respect of your outward estate of health and other-
wise, as also for the particular comfort myself among other your good
friends should receive now after so many years of your absence to see and
enjoy you in your own country. And so with hearty remembrance of you,
I commit you to the Lord from my house in London, the first of March,
1584.
Your assured loving friend,
FfiA. WALSINGHAM. 1
It appears plainly from this that Walsingham, though he con-
1 From the same letter-book : p. 59. A copy, in the hand (as I suppose) of A.
B.'s a man uon sis.
1601.] AXTUOXY BACON. 9
curred formally in advising him on his own account to return, would
have been glad for the sake of the country that he should stay.
In a man of spirit and liberality, of conscious ability, of patriotic
impulses, and of moderate income, a position like this would be quite
enough to explain an excess of expenditure. Nor was his case much
altered in this respect, when on his return to England after Wal-
Bingham's death he was taken into the confidence of the Earl of
Essex, and trusted (not as a servant, but as friend 1 ) with the manage-
ment of all his political correspondence : a very large business,
which could not be properly conducted without hospitalities, libera-
lities, servants, and means of locomotion. To account, therefore, for
his "extravagance," that is, for his spending more than his income,
it is not at all necessary to suppose him a self-indulgent volup-
tuary, as he has been represented of late, upon no other ground that
I can hear of: a "gay " man, of easy nature and lax morals, "roving
and mercurial," " fond of good wines and bright eyes," " everywhere
at home," " hailfellow " with all classes, a lover of " finery, and show,
and pleasure," one of "a jovial crew," "running from bad to worse,"
and finally sinking into a premature grave, " the victim of his com-
panion's riot and evil ways," (the companion being the Earl of
Essex) : imputations no way countenanced by the correspondence
at Lambeth ; in which, though it may be inferred from the tone of
affectionate regard with which he is addressed by so many corre-
spondents of different classes and characters that there was some-
thing about him very interesting and attractive, there is no indication
of impuritv or excess, or even gaiety, either in life or conversation.
And indeed, if it were not for a story told by Sir Henry Wotton
nearly thirty years after his death, which is difficult to deal with
because it stands so completely by itself, his character would be clear
of all serious imputation, except on the score of insolvency : nor was
he insolvent in any other sense than this that he had to draw
upon his capital to pay his debts : for he seems always to have bor-
rowed at interest and upon security, and there is no reason to sup-
pose that any of his creditors were losers in the end by their dealings
with him.
No\v Wotton's tale, though inconsistent with the notion that he
was a man of pleasure, implies (if true) that he was something very
much worse : nor can his evidence be dismissed like that of an
anonymous storyteller or dealer in scandal: for Wotton was per-
sonally acquainted with him, was in the Earl's service at the same
1 Two or three years after, Lady Bacon objected to his lodging in Essex House,
on the ground that having been " hitherto esteemed a worthy friend," he would
then be accounted the Earl's " follower." Birch, I. p. 278.
10 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
time, and was a well known man, of many accomplishments, of good
position, and great employments. Still it carries no authority which
entitles it to overrule criticism : and when it stands quite unsup-
ported, and relates to transactions necessarily of a very secret cha-
racter to which he was not himself a party, and gives no hint of the
manner in which he came by the knowledge, and is difficult to re-
concile with other evidence undoubtedly authentic, and was not
published till all those who could have confirmed it if true, and
all those who would have cared to question it if false, were equally
dead, the question may fairly be raised, whether he was a man
whose report must be accepted as conclusive a man incapable of
believing a thing upon insufficient grounds. And upon this point
we happen to have evidence in discredit of his pretensions, quite as
respectable as his own. In the correspondence between Chamber-
lain and Carleton, who both knew him, he is frequently mentioned,
and always as a man upon whose words they set no value. " Touch-
ing all that I wrote you before of Signer Fabritio," (says Chamber-
lain, June 17, 1612 " Signor Fabritio " is the name under which
Sir Henry Wottou is usually spoken of in these letters, I do not
know why) " I should not nor could not believe it ; but that some-
times uufitness and unlikeliness makes a thing more likely." " I
agree with you in opinion " (says Carleton, speaking of some im-
pressions to his disadvantage of which Chamberlain had warned him)
" that Fabritio hath lent me that charity : and if for satisfying his
particular malice on other occasions the King's service did not suffer,
I could easily forgive him." 1 And again, speaking of another report
about himself, "I know not out of whose shop should come this
parleria, unless my good old friend Fabritio will never leave his old
trade of being fabler, or, as the Devil is, father of lies." 2 "Hither
came yesterday Siguor Fabritio," (says Chamberlain, writing from a
great house in the country, where some new building was going on)
"and stays till to-morrow; .... and as he is ignorant in nothing,
so he takes upon him to propound many new devices, and would
fain be a director where there is no need of his help. He discourseth
liberally of the matter of Savoy, and shows himself so partial," 3 etc.
And again (July 5, 1617), returning some papers which Carleton had
sent him, " a man shall understand more by one of them than by
twenty Fabritios ; who still antiquum obtinet, and cannot leave his
old custom of posting things over to the next courier, which com-
monly proves Tom Long, the carrier : for I never knew him yet dis-
charge any debt that way; though he promised round things to
somebody else besides you ; which I came to see by chance, being
1 ' Court and Times of James I.,' vol. i. p. 182. 2 Ib. p. 209. 3 Ib. p. 260.
IfiOl.] SIR 11EXRY WOTTCXN'S STORY. 11
present at the receipt : but hitherto, for ought 1 can hear, they
neither appear round nor square, but flat farlies and idle conceits." 1
Again (August 9), " Touching Fabritio's precious advertisement . . .
be [Secretary Winwood] gave me this answer ' I cannot precisely
say what it may come to, but as far as I can gather, never trust my
judgment if it prove any matter of worth. So that this legatus per-
egre missus wiil make good his mentiendi causa as well in that as he
doth in his last letters (which I saw yesterday), that the Venetians
had lost more than a million and a half in merchandise upon two
gallies taken by the Neapolitan fleet. I would scant change states
with him or with all I know of his name, if I had but so much as
there was lacking of that sura." 8
Other passages might be quoted in the same tone : but these are
enough to show that Wotton was not a man whose uncorroborated
statement was considered conclusive by all who knew him, which is
all I mean to assert. He is not the less, however, entitled to a
hearing ; and with this introduction by way of caution, he shall tell
his story for himself.
" The Earl of Essex had accommodated Master Anthony Bacon in parti-
tion of his house, and had assigned him a noble entertainment. This was
a gentleman of impotent feet, but of a nimble head ; and through his hand
ran all the intelligences with Scotland ; who being of a provident nature
(contrary to his brother the Lord Viscount St. Alban's), and well knowing
the advantage of a dangerous secret, would many times cunningly let fall
some words, as if he could much amend his fortunes under the Cecilians
(to whom he was near of alliance, and in blood also), and who had made
(as he was not unwilling should be believed) some great proffers to win
him away : which once or twice he pressed so far, and with such tokens
and signs of apparent discontent, to my Lord Henry Howard, afterwards
Earl of Northampton (who was of the party, and stood himself in much
umbrage with the Queen), that he flies presently to my Lord of Essex
(with whom he was commonly primes admissionis, by his bedside in the
morning), and tells him that, unless that gentleman were presently satisfied
with some round sum, all would be vented. This took the Earl at that
time ill provided, (as indeed oftentimes his coffers were low), whereupon
he was fain suddenly to give him Essex-house ; which the good old Lady
Walsinghatn did afterwards disengage out of her own store with 2500
pound: and before he had distilled 1500 at another time by the same
skill. So as we may rate this one secret (as it was finely carried) at 4000
pounds in present money, besides at the least 1000 pound of annual
pension to a private and bedrid gentleman : What would he have gotten
if he could have gone about his own business ?" 3
1 c Court and Times of James I.,' vol. ii. p. 15. 2 Ib. p. 26.
3 ' Reliquiae Wottoninnafi,' p. 13.
12 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
Now what passed between Anthony Bacon and Lord Henry Howard
on this occasion (if such an occasion ever was), or between Lord
Henry and the Earl, would of course be known to very few ; and
therefore that no rumour of such a transaction should have got
abroad for thirty years (though strange considering all the circum-
stances), and that AVotton should have remained the sole depo-
sitory of the secret, is not conclusive against it. But when a witness
is found to be ill-informed on points which lie open to observation
and can be checked by other evidence, we may fairly doubt whether
in matters known to few and mentioned by nobody except himself his
testimony is weighty enough to override improbabilities. Now in a
house so open and so well frequented as Essex House, the habits and
general relations of a man of such a large and various acquaint-
ance as Anthony Bacon, and the nature of his connexion with so po-
pular person as the Earl, cannot have been any secret. Tet it is
certain that "Wotton, when he wrote this passage, had a very loose
and erroneous impression regarding them. It is true that Anthony
Bacon lived in Essex House from October, 1595, to March, 1600,
and that much secret correspondence passed through his hands. But
if he had " a noble entertainment" that is, if he lived there at the
Earl's charge how is it that his mother had to remonstrate with
him upon the amount of his bill for coals during the summer months
of 1596 P 1 Again : if he had an annual pension of 1000, how is it
that among so many letters relating to financial perplexities letters
to and from creditors pressing for payment, lenders demanding se-
curity, the brother who shared his difficulties, his liabilities, and his
purse, the mother who criticised and deplored his expenses there is
not somewhere or other an allusion to so large an item as this in the
reckoning of his means and expectations being more than twice as
much as all his rents came to ? Tet " of this pretended pension,"
says Birch, " there is not the least trace in all Mr. Bacon's papers."
Again: if in cunning and policy he wanted to make Essex believe
that the Cecils were " making great proffers to win him away," how
is it that he so often and so openly complained of their unnatural
neglect? Our evidence on these points is, of course, negative; for
evidence in direct contradiction of charges which nobody made and
suspicions which nobody was supposed to entertain, was not to be
expected. But in supposing that Anthony Bacon was a man " of a
provident nature" in money matters, it cannot be doubted that
Wotton was utterly mistaken. L T pon this point our evidence is
positive and conclusive ; proving that he was neither a getter nor a
keeper of money, but altogether a borrower and spender. And it is
1 Birch, ii. p. 371.
1601.] IMPROBABILITY AND EXPLANATION OF IT. 13
a mistake which can only be accounted for by supposing that Wotton
knew nothing about his private affairs, and very little about his cha-
racter and habits. If, therefore, we find the rest of the story hard
to reconcile with what we know otherwise, we need not believe it
merely because he did : seeing that in a thing where it was so
much less easy to be mistaken he could so easily make a mistake.
Now that if Anthony Bacon was really a man capable of extorting
money from one who trusted him by threatening to betray the trust,
his character could have so completely concealed itself throughout all
that long and various correspondence as to leave an impression directly
contrary, and that if he had been known by anybody, not an accom-
plice, to have abused his trust so grossly, his reputation as an attached
and loyal friend to the Earl, could have remained unsullied till his
death, and survived him without a shadow of suspicion for thirty years
(for the suspicions which the friends of Essex were so ready to take
up against his brother never reflected upon him), these things are to
me simply incredible. And as by a slight conjectural emendation in
"Wotton's story the whole difficulty which it involves may be made to
disappear, we can scarcely be rash in concluding that it arose out of
a misreport, a misreport credulously listened to at the time, as whis-
pered scandal commonly is, imperfectly recollected through the haze
of thirty years, and pieced into a smooth story by a lively imagina-
tion driving a ready pen. That Essex had important secrets with
which Anthony Bacon was acquainted, that he had also extensive agen-
cies which required money to nourish them, and that the money was
not always ready at hand this we know. That in some exigency
connected with one of these secret agencies a large sum of money
had to be borrowed in a hurry ; that Essex House was pledged to
the lender by way of security ; that the money passed (as it natu-
rally would) through Anthony Bacon's hand ; that nobody knew
what was done with it, but that (some rumour of the transaction
getting abroad) it was supposed by somebody that he had obtained it
for himself this we can easily believe : and the rest followed natu-
rally. Hoio he obtained the money, as no man could know, except
himself and the Earl and whatever confidential agent passed between
them, every man was the more free to guess. The secret circum-
stances would easily be supplied, and a story made up, which seemed
probable enough to "Wotton and others who knew no more of the
personal relations of the two men than he appears to have done ;
and which was accordingly believed at the time, and repeated long
after, probably with variations ad libitum, as the true history of
what passed. In this there would be nothing strange. But with
our means of information, which are really very much more and
14 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
better than theirs, it is easier to believe that Wotton was mistaken
than that the story he tells was true.
3.
As soon as the depth and extent of the Essex conspiracy had been
well ascertained, and the principal leaders executed, the others were
allowed to purchase their pardons. " There is a commission," says
Chamberlain, 27 May, 1601, " to certain of the Council to ransom and
fine the Lords and gentlemen that were in the action ; and have already
rated Kutland at 30,OOOZ. Bedford at 20,0001. Sands at 10,OOOZ. Mount-
eagle at 80007. and Cromwell at 6000Z. Catesby at 4000 marks,"
etc. 1 Money thus falling into the Treasury was usually bestowed upon
deserving servants or favoured suitors in the way of reward ; and
Bacon on this occasion came in for a share. Out of Catesby's fine,
12001. was assigned to him by the Queen's order; and on the 6th of
August the Attorney- General received directions from the Council
to prepare an assurance accordingly a fact of which we owe the
discovery to Mr. Jardine, 2 and which explains and dates the follow-
ing letter. The fine, it seems, was to be paid by instalments ; and
each instalment was to be divided pro raid among the several as-
signees. But the absence of the Attorney, " busied to entertain the
Queen," would cause some delay in the payments upon the first in-
stalment; and Mr. Hickes, a friendly creditor, would no doubt
accept the excuse and wait.
This letter was printed by Mr. Montagu from the original, whicli
is in the British Museum ; though, being written in extreme haste,
he did not succeed in reading it quite correctly. The date may be
inferred from the fact that a few days after the letter from the
Council was written, the Queen "made a step" from Windsor "to
Mr. Attorney's at Stoke, where she was most sumptuously enter-
tained," etc. There can be no doubt, therefore, that this was the
occasion ; and the date was probably the 6th or 7th of August, 1601.
To MB. MICHAEL HICKES.*
Sir,
The Queen hath done somewhat for me, though not in the
proportion I hoped. But the order is given, only the monies
1 Chamberlain's Letters, p. 108.
2 Narrative of the Gunpowder Plot (1857), p. 31. The letter from the Council
is printed hi Dixon's ' Personal History of Lord Bacon,' p. 125.
* Chamberlain's Letters, pp. 115, 1 17. The Queen was at Windsor on the 13th
of August.
4 Lansd. MSS. cvii. fo. 14. Original, own hand.
1G01.] THE QUEEN AND THE MONOPOLIES. 15
will not in any part come to my hand this fortnight, the later by
reason of Mr. Attorney's absence, busied to entertain the Queen,
and I am loth to borrow the meanwhile. Thus hoping to take
hold of your invitation some day this vacation, I rest
Your assured friend,
FR. BACON.
4.
I omitted to state that after the Speaker had handed in the Sub-
sidy Bill at the close of the last Parliament, he proceeded in a set
speech, drawn up for the purpose by a committee, to thank the
Queen in the name of the whole House for her " most gracious care
and favour in the repressing of sundry inconveniences and abuses
practised by Monopolies and Patents of Privilege." 1 To which the
Lord Keeper answered that " Her Majesty hoped that her dutiful
and loving subjects would not take away her Prerogative, which was
the chiefest flower in her garden and the principal and head-pearl in
her crown and diadem, but that they would rather leave that to her
disposition. And as her. Majesty had proceeded to trial of them
already, so she promised to continue that they should all be examined,
to abide the trial and true touchstone of the law." 2
This was on the 9th of February, 1597-8, and was an answer
satisfactory for the time. But even if the Queen was in her own
judgment fully alive to the evil and danger of these abuses, and in
her own inclination really desirous to be rid of them, she was not
likely to pursue the inquiry very zealously just then. Postponement of
decisive action as long as the matter would bear postponement, which
in her youth she had deliberately practised as a politic art to keep
enemies holding off and friends holding on, had grown into a habit
which she could hardly overcome when it was most her interest to
do so ; and at this time she had businesses on hand of more pressing
importance. Henry IV. of France was negociating a separate treaty
of peace with Philip, which would increase the danger of England
from Spain, and she was sending Sir Robert Cecil over to remon-
strate. That treaty being, in spite of her remonstrances, soon after
concluded, the great question of peace or war with Spain pressed
for a resolution, and divided her council table. In the meantime
the condition of Ireland was becoming every day more alarming,
and threatened to absorb the most liberal grant ever voted by Par-
liament as fast as the money came in. "With one " whose nature
was not to resolve but to delay," 3 these cares and alarms would be
1 D'Ewes, p. 573. " 2 Ib. p. 547.
3 B. Cecil in his conversation with Lady Bacon, i. p. 346.
16 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I-
enough to keep the monopoly question in the waiting-room, without
supposing any deliberate intention to evade it. Nor was the re-
moval of the abuse quite so simple a matter perhaps as it seemed
to people unacquainted with the exigencies of the Government and
the state of the Exchequer. Elizabeth is charged with a dislike of
spending money. Yet she kept no private hoard : what she did
spend she spent all upon public objects : and in order to meet
those objects, even with a regard to economy which is now thought
unworthy of a Queen, she was forced to call upon her people for
contributions far beyond all precedent. It should never be for-
gotten that during the first twenty-seven years of her reign a single
subsidy had never served for less than four years : during the next
ten it had never served for more than two : then came three whole
subsidies payable in four years ; and now three payable in three ;
and all likely to be less than enough. This was not a convenient
time for giving up an independent source of income : for to depend
upon other people for anything which she could not do without
this she did really dislike. Now, by granting monopoly-patents she
could reward servants without either spending her own money, or
laying herself under obligations to Parliament, or exposing herself
to complaints from anybody in particular ; whereas to call in those
already granted would bring a host of troublesome complainants
about her. It is not to be wondered therefore, that while the
struggle in Ireland, beginning as it did with a costly failure and
still far from its termination, was drawing upon her resources at
the rate of more than 300,000 a year, 1 the inquiry into these pa-
tents was allowed to wait until the fast approaching necessity of
another Parliamentary grant reminded her of her parting promise.
This necessity began to be felt in October, 1600 : 2 and in the
beginning of Hilary Term (23 January 1600-1) she gave orders to
Coke and Fleming to "take speedy and special course " for them. 3
But before they were well entered on the business, they were inter-
rupted by the insurrection of the Earl of Essex and the proceed-
ings consequent upon it, which kept them busy till the summer
vacation. And before the vacation was over, a crisis occurred which
made it advisable to summon Parliament without delay. On the
23rd of September, Don Juan d'Aquila, with 4000 men, three parts
of them being of the best soldiers in Spain, landed on the southern
coast of Ireland, occupied Kinsale, and proclaimed the Queen de-
prived of her crown by the Pope's sentence, her subjects thereby
1 Parliamentary Debates in 1610 (Camden Soc. Publ.), p. 4.
2 Cecil's speech in the House of Commons.
3 Fleming's speech : D'Ewes, p. 648.
1601.] NEW PARLIAMENT. 17
absolved from their allegiance, and himself come " to deliver Ireland
from the jaws of the Devil :"' a crisis well fitted to stimulate the
loyalty of an English Parliament, and dispose them to vote supplies
freely without standing too obstinately upon domestic differences
which could wait for times of more leisure.
The new Parliament met on the 27th of October, and was opened
by the Queen in person with the usual formalities, and a speech
from the Lord Keeper. To the Lower House (the members of which
during the Lord Keeper's speech had been by some mismanage-
ment shut out), the causes of their meeting which were in fact
nothing more than to provide means of defence against the present
and threatened dangers were set forth at large by Sir E. Cecil, on
the 3rd of November : whereupon, immediately and without any de-
bate, a committee was appointed to meet on the 7th, to consider the
case.
5.
The four intervening days were occupied with bills brought in
or motions made by private members : among which there are two
which still retain, in consideration of the mover, some little interest
for us.
It seems that the House was not disposed to pay much attention
to the business thus brought before it. Several bills were read
and rejected, some read and ordered to be engrossed ; but none
discussed : as if the money bill had been their only serious busi-
ness. Now in Bacon's opinion it was important to the health of
the relation between Crown and Parliament, that Parliament should
never seem to be called for money only, but always for some other
business of estate besides. And the case being now much the same
as in 1593 (concerning which see Vol. I. p. 2L3), he endeavoured
in the same way, by interposing a discussion on some topic of po-
pular and legislative character, to cover the nakedness of the appeal
for pecuniary help. The supply committee was to meet on Satur-
day, the 7th, and on Thursday, as we learn from Townshend, to
whose notes we are indebted for almost all we know of the debates
during Elizabeth's four last Parliaments, " Mr. Bacon stood up to
prefer a new bill ;" and spoke as follows : 2
SPEECH ON BRINGING IN A BILL AGAINST ABUSES IN
WEIGHTS AND MEASURES.
Mr. Speaker,
I am not of their minds that bring their bills into this House
1 Camden. 2 D'Ewes, p. 626. Harl. MSS. 2283, f. 12.
VOL. III. C
18 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. I.
obscurely, by delivery only unto yourself or to the clerks, delight-
ing to have the bill to be incerto authore, as though they were
either ashamed of their own works, or afraid to father their own
children. But I, Mr. Speaker, have a bill here, which I know
I shall be no sooner ready to offer but you will be ready to re-
ceive and approve. I liken this bill to that sentence of the poet,
who sets this as a paradox in the fore-front of his book, first water,
then gold, preferring necessity before pleasure ; and I am of
the same opinion, that things necessary in use are better than
those things which are glorious in estimation. This, Mr. Speaker,
is no bill of state nor of novelty, like a stately gallery for
pleasure, but neither to dine in nor sleep in ; but this bill is a
bill of repose, of quiet, of profit, of true and just dealing ; the
title whereof is an Act for the better suppressing of abuses in
weights and measures.
We have turned out divers bills without disputation : and for
a house of wisdom and gravity, as this is, to bandy bills like balls,
and to be silent, as if nobody were of counsel with the Common-
wealth, is unfitting in my understanding for the state thereof.
I '11 tell you, Mr. Speaker, 1 '11 speak out of mine own experience
that I have learned and observed, having had causes of this
nature referred to my report, that this fault of using false weights
and measures is grown so intolerable and common that, if you
would build churches, you shall not need for battlements and bells
other things than false weights of lead and brass. And because
I would observe the advice which was given in the beginning of
this Parliament, that we should make no new laws, I have made
this bill only a confirmation of the statute of the 11 Henry 7,
with a few additions, to which I will speak at the passing of the
bill, and shew the reasons of every particular clause, the whole
being but a revival of a former statute ; for I take it far better
to scour a stream than turn a stream. And the first clause
is that it is to extend to the Principality of Wales, to constrain
them to have the like measures and weights to us in England.
The next day (Nov. 6), apparently with the same object of awak-
ening the House to a due sense of its proper business, and asserting
its position as a legislative assembly, he made a motion like that
which he had seconded at the beginning of the last Parliament (see
Vol. II. p. 78) a motion for a Committee to repeal superfluous
laws. For his speech on this occasion, which is not given by D'Ewes,
1601.] MOTION FOR EEPEAL OF SUPERFLUOUS LAWS. 19
we are also indebted to Townshend's collection : whose note runs as
follows :
SPEECH FOR REPEALING SUPERFLUOUS LAWS.
May it please you, Mr. Speaker, not out of ostentation to this
House, but reverence I do speak it, that I do much wonder to
see the House so continually divided, and to agree upon nothing ;
to see so many laws here so well framed, and offences provided
against, and yet to have no better success or entertainment. I
do think every man in his particular bound to help the Com-
monwealth the best he may ; and better it is to venture a man's
credit by speaking than to stretch a man's conscience by silence,
and to endeavour to make that which is good in nature possible
in effect. 1
Laws be like pills all gilt over, which if they be easily and well
swallowed down are neither bitter in digestion nor hurtful to the
body. Every man knows that time is the true controller of laws,
and therefore there having been a great alteration of time since
the repeal of a number of laws, I know and do assure myself
there are many more than I know laws both needless and
dangerous. 2
I could therefore wish that as usually at every Parliament there
is a Committee selected for the continuance of divers statutes,
so the house would be pleased also that there might be a Com-
mittee for the repeal of divers statutes, and of divers superfluous
branches of statutes. And that every particular member of this
House would give information to the Committees what statutes
he thinketh fitting to be repealed, or what branch to be super-
fluous ; lest, as he sayeth, pluat super nos laqueos. The more laws
we make the more snares we lay to entrap ourselves. 3
I do not find that these motions had any " better success or enter-
tainment " than the others. The last raised no discussion at the
time, and merged ultimately, as the similar motion in 1597 had done,
in an ordinary " continuance act." The Weights and Measures Bill
was read a second time the next day, and upon some objections in
details summarily thrown out. Upon the question for committing,
1 The original has " to make that good in nature which is possible in effect."
2 So the paragraph stands in Townshend and in the MS. also, except that it has
' any number,' instead of ' a number -.' evidently very much misreported or mis-
printed. 3 Townshend, p. 194. Harl. MSS. 2283, fo. 15 b.
c 2
20 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
there were, says Townshend, " some twelve I, I, I, but not one for
the engrossing ; but all said No. So it was rejected." 1
The truth is, I fancy, that the House was in as great a hurry to
get the necessary supplies voted, as the Queen was to receive them ;
and that they could not attend with spirit to anything else until
they had seen that business safely through. The Spaniards were
besieged, it is true, in Kinsale by land, and ships had been sent to
cut off their supplies by sea; and "many of our discourses," says
Chamberlain, 2 " gave them for lost, and made it a matter of ease to
defeat them by sickness, famine, or the sword ;" but they were still
there ; and Tyrone was approaching from the North with a force
almost as large as the besieging army. It may easily be believed
therefore, that to provide whatever was necessary for their speedy
capture or expulsion seemed to the House the one business to which
for the present all others must be postponed. It is certain that they
acted in the matter as if they thought so. And as soon as Bacon's
"Weights and Measures Bill was disposed of, this was the next busi-
ness that came on.
6.
Sir Walter Raleigh led the way, and though the discussion lasted
into the dark, it appears to have turned entirely upon matters of
of detail. To the amount of the grant an amount quite unpre-
cedented there are no traces of opposition from any quarter. Opi-
nions differed upon the mode of distribution, and in particular upon
the question whether the "three-pound men" should be included.
But a grant of four whole subsidies, with eight fifteens and tens,
the first to be paid all at once next February, the others each in
divided payments at half-yearly intervals, the whole therefore pay-
able within three years and a half, was agreed on in Committee that
same Saturday afternoon j and on Monday in the House, after some
further discussion of details, " the Speaker appointed tha Committees
for drawing of the Subsidy Bill, all to hasten it ; and so the House
arose." 3
All this time, not a murmur of discontent is to be traced in the
journals ; not an allusion to monopolies ; not a mention of conditions
or reciprocal concessions ; but all was going so rapidly and smoothly
that one of the members thought it necessary to remind the House
that they had as yet done nothing else, and to express a hope " that
her Majesty would not dissolve the Parliament till some acts were
1 Townshend, p. 197. 2 31 Oct. 1601, p. 119.
3 Townshend, p. 205. The Speaker, I suppose, read the names of the Commit-
tees, who had already been appointed by the House : p. 203.
1601.] LARQE SUPPLIES READILY GRAFTED. 21
passed." l On the part of the Government what little it was neces-
sary to say was said by Sir E. Cecil : and the only observation of
Bacon's which is reported, is in favour of the non-exemption of " the
three-pound men;" upon which, concurring with the majority of the
Committee, he concluded " it was dulcis tractus pari jugo : and there-
fore the poor as well as the rich not to be exempted." 2
What makes the unanimity of the House in this matter the more
remarkable is, that their hearts were all the while full of serious
discontent with the Government, on account of the still growing
grievance of monopolies ; that they bad come up from all parts of
the country charged with complaint and remonstrance; and that the
feeling, when it found utterance at last, was general enough and
strong enough to silence all expressions of dissent, if any dissent
existed. It is curious also to observe, in an assembly so miscel-
laneous and not very orderly in its debates, how slow this feeling
was in finding a tongue. After the subsidy-question had been settled
on the 9th of November, there was no more lack of debating. Ques-
tions of various kinds, including a point of privilege which brought
them into collusion with the Lord Keeper, 3 and a Bill against Plu-
ralities of Benefices which touched the Prerogative, were largely and
noisily discussed. But it was not till the 18th that a word seems to
have been uttered about Monopoly-Patents ; nor does any action on
that subject appear to have been expected by the public outside.
"The Parliament," says Chamberlain, writing on the 14th, "huddles
in high matters : only they have had a cast at Osborne's office, to
correct and amend it at least ; but there is no great hope of success.
The Alpha and Omega is concluded already. I mean the grant of
four subsidies and eight fifteens." 4
-Now " Osborne's office" was not one of the monopoly-patents;
but the office of Treasurer's Remembrancer in the Exchequer, in
which it seems that abuses had been found. A bill on the subject
had been brought in, and was then under reference to a Committee,
whose report was brought up by Bacon on the 18th, in a speech of
which Townshend has preserved for us the following note :
1 Townshend, p. 204. 2 Ib. p. 204.
3 The Speaker had directed a warrant for a new writ to the Clerk of the Crown.
The Lord Keeper desired to have the warrant directed to himself. Some of the
members (Bacon among them) preferred that course as more honourable to the
House. " It is far more honourable for this house (said Bacon) in my opinion when
our warrant shall move the principal member of Justice, than when it shall com-
mand a base, petty, or inferior servant to the Clerk of the Crown, or the Clerk of the
Petty Bag. It will be said our warrant emanavit improvide, when we shall direct
our warrants to these base officers, when we may move the Great Seal of England
by it, even as soon as either Petty Bag or Petty officer." But upon inquiry it was
found that the precedents were the other way, and the Lord Keeper did not insist.
D'Ewes, pp. 636, 637, 643. And see further on, p. 25.
4 Camd. Soc. Publ. p. 122.
22 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
Mr. Francis Bacon brought in the Bill touching the Exche-
quer, now thus entituled An Act for the better observation of
certain orders set down and established in the Exchequer under
her Majesty's Privy Seal.
At which time he said :
Mr. Speaker. This Bill hath been deliberately and judiciously
considered of by the Committees, before whom Mr. Osborne
came ; who, I assure this house, did so discreetly demean himself,
and so submissively referred the state of his whole office to the
Committees, and so well answered in his own defence, that they
would not ransack the heaps or sound the bottoms of former
offences, but only have taken away something that was super-
fluous and needless to the subject.
Though the Committees have reformed some part, yet they
have not so nearly eyed every particular, as if they would pare
to the quick an office of her Majesty's gift and patronage.
This Bill is both public and private : public, because it is to
do good unto the subject ; and private, because it doth no in-
justice to the particular officer. The Committees herein have not
taxed the officer by way of imputation, but removed a tax by
way of imposition.
I will not tell you that we have taken away either in quo titulo
or Checquer language ; but according to the poet, who saith,
Mitte id quod scio, die quod rogo, I will omit that which you
have known and tell you that you know not, and are to know,
and that in familiar terms. (And so he told the substance of the
Bill.)
We found that her Majesty, whose eyes are the candles of our
good days, had made him an officer by Patent ; in which that he
might have right, her Majesty's Learned Counsel were in sentinel,
to see that her Majesty's right might not be suppressed. If my
memory hath failed me in delivery of the truth of the pro-
ceeding and the Committees' determination, I desire those that
were there present to help and assist me. Here is the Bill. So
he called aloud to the Sergeant of the House, and delivered him
the Bill to be delivered to the Speaker. Which said Bill was
read prima vice. 1
1 18 Nov. 1601. Townshend, p. 223. D'Ewes, p. 642. Harl. MSS. 2283, fo. 38 b.
This Bill went through its several stages in the Commons; but appears to
1601.] THE COMMONS AND THE MONOPOLIES. 23
8.
So far, everything had been going as sweetly as possible for the
Queen. But shortly after Bacon had delivered his bill to the ser-
geant, symptoms of the smothered fire, the significance of which
appears to have been well understood at head quarters, found their
way to the surface.
As the course of proceeding is not very clearly explained, I give
the passage in the very words of Townshend, who was no doubt an
eye and ear witness of what took place.
" Mr. Dyott, of the Inner Temple, said : Mr. Speaker, there be many
commodities within this realm, which being public for the benefit of
every particular subject, are monopolized by Patent from her Majesty,
only for the good and private gain of one man. To remedy the abuses of
those kind of Patents, which are granted for a good intent by her Ma-
jesty, I am, Mr. Speaker, to offer to the consideration of yourself and
this House, an Act against Patents purporting particular power to be given
to sundry Patentees, etc. It hath a very long title.
" Mr. Laurence Hide, of the Middle Temple, said : I would, Mr. Speaker,
only move you to have an Act read, containing but twelve lines. It is an
exposition of the Common Law touching these kind of Patents, commonly
called monopolies." *
The move seems to have been unexpected. For, if Townshend's
note may be trusted, it was received at the time in silence ; the
House proceeding at once to the discussion of another bill, on a
different subject : a bill about which there was " much dispute."
Prom what happened after, it may be suspected that this was con-
trived with the Speaker's concurrence by Cecil, in order to evade
or postpone the dangerous question. But though it had lain quiet
so long, it could riot when once raised be laid again. And
(strangely enough) the member who brought it up afresh was a man
officially connected with the Government. The other bill having been,
" after much dispute," committed, and the House being engaged in
naming the Committees, " Mr. Downalde" 2 (we are told), " the Lord
have been dropped at last, in consequence of the introduction of a proviso by the
Lords, which (though the Commons were willing to assent to it) there was not
time to insert as proposed before the dissolution. The only part taken by Bacon
in its further course, of which we have any record, is the following short speech
on the question whether the counsel of the clerks should be heard before it was
committed. " I did rather yieldingly accept than forwardly embrace this labour
imposed upon me. I wish the counsel may be heard, because we shall have the
more time of consideration what to do. There is nothing so great an impediment
to certainty of prevailing as haste and earnestness of prosecuting. I therefore
think it fit that they might have time assigned them to proceed by counsel."
(Townshend, p. 237.)
1 Townshend, p. 224. Harl. MSS. 2283, fo. 39.
- George Downhall, I presume, Member for Launceston.
24 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
Keeper's secretary, stood up, and desired that the Bill which Mr. Hide
called for touching Patents might be read." The Speaker desired
him to wait till the Committees were named : after that, he said, he
might speak. But I suppose Cecil saw in the face of the House
that the question would have to be met, and felt that he must con-
trive "to get his instructions before it came on. And therefore,
while they were proceeding with the naming of the Committees, he
" spake something in Mr. Speaker's ear :" who, as soon as the time
and place of commitment were named, immediately rose, '' without
further hearing Mr. Downalde :" and so the House adjourned.
Whether Cecil's whisper had anything to do with it, I do not know;
but some irregularity there clearly was. And that may be the reason
why D'Ewes (not understanding perhaps how it could have happened
according to the usages of the House) omits this whole passage, as
related in that private journal of which he otherwise makes such
large use, and gives merely the entries from the " original journal-
book of the House," which contain no hint of it. Nevertheless,
when we read further that Mr. Downalde took the Speaker's conduct
" in great disgrace, and told him he would complain of him the
next sitting ; to which the Speaker answered not one word, but
looked earnestly on him, and so the p'ress of people parted them,"
we need not doubt that the note was taken from the life.
Neither need we doubt that Elizabeth knew that same evening
what had passed, and made up her mind for what was coming. For
Elizabeth, though she often seemed to venture into dangerous posi-
tions and to run great risks, knew how to measure her own forces,
and always kept some course in reserve upon which she might fall
back in an emergency. If her ministers could hold the ground for
her, it was best. If not, she could still come herself.
On this occasion she had a day's respite. Thursday, the 19th,
was occupied with matters in which the House always took an eager
interest, and spoke with many tongues. A burgess elect, being
stopped on his way up to London, had " sent up his solicitor to fol-
low his causes in law," etc. The solicitor had been arrested at the
suit of a tailor, and carried prisoner to Newgate ; where " after a
discharge gotten because he said he served a Parliament-man, he
was no sooner discharged, but straight he was again arrested and
carried to the Coinpter, and there lay all night, until he sent to
the Sergeant-at-arms, who fetched him out and kept him in his
custody." 1 The question was whether this were a breach of privi-
lege ; inasmuch as the master had not taken the oaths ; and it was
not till after much examination, re-examination, discussion, and cou-
"* Townshend, p. 225. Harl. MSS, 2283, fo. 40 b.
1601.] BILL DECLARING MONOPOLIES ILLEGAL. 25
sultation, that the solicitor was ordered to be discharged, and the
tailor and his officer to pay all fees, and undergo three day's im-
prisonment. Immediately upon this came a report of proceedings
in another privilege question of higher interest, the question
pending between the House and the Lord Keeper. Mr. Secretary
Herbert had delivered their message to his Lordship, who had replied
that upon consideration of "the weightiness of divers businesses
now in hand," etc., " he would not now stand to make contention,"
but " would be most ready and willing to perform the desire of the
House." 1
All this was satisfactory ; but it consumed time ; and nothing
more was said about the monopolies that day. On Friday, however,
the 20th, though not till after a long debate on a Bill against wilful
absence from Church, and the hearing of another complaint from a
member whose man had been arrested on his way up to London,
the great question at last forced its way into the front.
" The Speaker," says Townshend, " gave the Clerk a Bill to read.
And the House called for the Checquer Bill : some said Yea, and
some said No, and a great noise there was.
" At last Mr. Laurence Hide said : ' To end this controversy,
because the time is very short, I would move the House to have a
very short bill read ; entituled An Act for Explanation of the Common
Law in certain cases of Letters Patents. And all the House cried
III" 2
*> A > *-
The long silence being at length broken, the cry of grievance
found no want of tongues, and seems to have been felt from the first
to be irresistible : for though some of the members must have been
personally interested in the monopolies, not a voice was raised in
defence of them. A difference of opinion no doubt there was ; but
it turned wholly upon the form of the proposed proceeding for re-
dress. In the object of the measure, namely to obtain relief from
the grievance, all parties were prepared to concur. Nor was the
disputed point of form material to that object, though very material
in other ways. For the remedy proposed by the Bill was to declare
these Patents illegal by the Common Law. Now since they had
been granted in virtue of a prerogative which was at that time con-
fidently assumed, asserted, and exercised, as indisputably belonging
to the Crown ; which, though not perhaps wholly undisputed, was
freely allowed by a large body of respectable opinion ; and which had
not as yet been disallowed by any authority that could claim to be
decisive ; it was now no longer the monopolies, but the Prerogative
itself, that was in question. It was like one of the cases of privilege
1 Townshend, p. 226. - Ib. p. 229.
26 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
with which the House had just been dealing. As the arrest of a
debtor, though by a process strictly legal, was a breach of Privilege
if the debtor was servant to a member, so the taking away of Patents
by Act of Parliament was an invasion of Prerogative if they had been
granted by a right constitutionally belonging to the Crown. And
as the House would certainly have denied the r'ght of the tailor to
dispute the legality of their Privilege, so might the Queen deny the
right of the House to dispute the constitutionality of her Prerogative.
Nor indeed except by implication, was such a right now asserted.
The question was not whether the House might meddle with the
Prerogative, but whether this Bill did. And it is a notable fact
that as the stoutest champions of the Prerogative disclaimed all wish
to uphold monopolies, so the most eager assailants of monopoly
disclaimed all intention of questioning the Prerogative.
Cecil said nothing. He had been excused the day before from
going up with a Bill to the Lords, " because he was troubled with a
cold :"' and perhaps he had not recovered his voice. But after a
speech from the member for Warwick, which was not so much
against the legality of the Patents as against the proceedings of
the Patentees' deputies : and against those proceedings, rather as
transgressing the commission than as taken in virtue of it Bacon
rose to speak against the Bill. And for a note of the tenour of his
speech we are again indebted to Townshend.
SPEECH IN THE HOUSE AGAINST A BILL FOR THE EXPLANA-
TIONS OF THE COMMON LAW IN CERTAIN CASES OF LETTERS
PATENTS. 2
The gentleman that last spake coasted 3 so for and against the
Bill, that for my own part, not well hearing him, I did not well
understand him. The Bill, as it is, is in few words ; but yet
ponderous and weighty.
For the prerogative royal of the Prince, for my own part I
ever allowed of it : and it is such as I hope I shall never see
discussed. The Queen, as she is our Sovereign, hath both an
enlarging and restraining liberty of her Prerogative : that is,
she hath power by her Patents to set Jit liberty things restrained
by statute law or otherwise : secondly, by her Prerogative she
may restrain things that are at liberty.
1 Townshend, p. 226.
- 20 Nov. 1601. Townsend, p. 231. D'Ewes, p. 644. Harl. MSS. 2283, f. 45, b.
3 tossed, Townshend ; costed in MS.
1601.] BACON ON THE MONOPOLY QUESTION.' 27
For the first : she may grant non obstantes contrary to the
penal laws ; which truly, in my conscience (and so struck him-
self on the breast), are as hateful to the subject as monopolies.
For the second : if any man out of his own wit, industry, or
endeavour, find out anything beneficial to the Commonwealth,
or bring any new invention which every subject of this kingdom
may use ; yet in regard of his pains and travel therein, her Ma-
jesty perhaps is pleased to grant him a privilege to use the same
only by himself or his deputies for a certain time. This is one
kind of monopoly. Sometimes there is a glut of things, when
they be in excessive quantity, as perhaps of corn ; and perhaps
her Majesty gives licence of transportation to one man. This is
another kind of monopoly. Sometimes there is a scarcity or
a small quantity ; and the like is granted also.
These, and divers of this nature, have been in trial, both at the
Common Pleas upon action of trespass ; where, if the Judges
do find the privilege good and beneficial for the Commonwealth
they will then allow it, otherwise disallow it ; and also I know
that her Majesty herself hath given commandment to her Attor-
ney-General to bring divers of them, since the last Parliament,
to trial in her Exchequer. Since which time at least fifteen or
sixteen, of my knowledge, have been repealed ; some upon her
Majesty's own express commandment, upon complaint made
unto her Majesty by petition ; and some by Quo Warranto in the
Exchequer.
But, Mr. Speaker (said he, pointing to the Bill), this is no
stranger in this place ; but a stranger in this vestment. The
use hath been ever by petition to humble ourselves to her Ma-
jesty, and by petition desire to have our grievances redressed ;
especially when the remedy toucheth her so nigh in point of
Prerogative. All cannot be done at once ; neither was it pos-
sible since the last Parliament to repeal all.
If her Majesty make a patent or, as we term it, a monopoly
unto any of her servants, that must go and we cry out of it : but
if she grants it to a number of burgesses or a corporation, that
must stand; and that forsooth is no monopoly.
I say, and I say again, that we ought not to deal or judge
or meddle with her Majesty's Prerogative. I wish every man
therefore to be careful in this point ; and humbly pray this
House to testify with me that I have discharged my duty in
28 LETTERS AND LIFE OF FRANCIS BACON. [CHAP, I.
respect of my place in speaking on her Majesty's behalf; and
protest I have delivered my conscience in saying that which I
have said.
The question, therefore, was reduced simply to this. Should they
proceed by Bill or by Petition ? In the course of the warm and
very free spoken debate which followed, two or three members ex-
pressed a decided opinion for proceeding by Bill, on the ground that
the proceeding by Petition had been tried last Parliament and done
no good, others expressed a decided opinion against it. But the
general feeling of the House seems to have been in favour of com-
mitting the Bill, " in order to devise a course :" the question as to
the mode of proceeding being therefore left open. So it was agreed
that they should go into Committee on it the next afternoon.
One point, however, this first debate had settled. It had revealed
the temper of the House and the Country on the subject, and showed
the Queen that if her Prerogative was to continue unquestioned she
must not allow it to be approached in that temper from that side.
As yet she stood personally disengaged; not having committed her-
self in the matter, except in professing intentions which she had
neglected to carry out. She had no difficulty, therefore, in taking
the position which the time required ; and made her arrangements
at once, I suppose, with that view. The Prerogative was not be
meddled with : upon that point she was not going to make any con-
cession. But the Patents themselves might every one, if necessary,
go overboard ; and that would be enough, if handsomely done.
On Saturday afternoon, Nov. 21, the Committee met according to
appointment. Cecil was still silent ; and Bacon was again the chief
speaker on the side of the Government. The general objection,
which he had already urged, and which would have applied to any
bill for such a purpose, he repeated ; adding a particular objection
applicable to this particular bill, which nobody seems to have at-
tempted to answer ; and which was in fact, I should think, unan-
swerable. The note of his speech, which contains all we know about
it, does not read like a very good report ; but the argument is intel-
ligible enough.
SPEECH IN COMMITTEE AGAINST A BILL FOR EXPLANATION OF
THE COMMON LAW IN CERTAIN CASES OF LETTERS PATENTS. 1
The Bill is very injurious and ridiculous : injurious, in that
it taketh or rather sweepeth away her Majesty's Prerogative;
1 21 NOT., in the afternoon. Townshend, p. 238. D'Ewes, p. 648. Harl. MSS.
2283, fo. 51 b.
1601.] TOWNSHEND'S MOTION. 29
and ridiculous, in that there is a proviso that this statute should
not extend to grants made to Corporations. That is a gull to
sweeten the Bill withal ; it is only to make fools fain. All men
of the law know that a Bill which is only expository to expound
the Common Law doth enact nothing : neither is any proviso
good therein. And therefore the proviso in the statute of 34
Hen. VIII. of Wills (which is but a statute expository of the
statute of 32 Hen. VIII. of Wills) touching Sir John Gains-
ford's will, was adjudged void. Therefore I think the Bill unfit,
and our proceedings to be by Petition.
Here again the true question was proposed in its simple terms ;
but the Committee could not keep within it. An attempt on the
part of the Solicitor-General to make the Queen's case clearer, by
explaining what she had done in the matter since the last Parliament,
what she had intended to do, and why she had done no more, roused
one of the members for Middlesex to produce a long list of Patents
granted since the last Parliament ; the reading of which provoked
the famous question. ' whether Bread was not among them ?' and
was followed by a state of excitement tending to no definite resolu-
tion, when Townshend himself, " seeing that the Committees could
agree upon nothing," came forward with a motion : a motion which
received from Bacon an approval so emphatic that the exposition of
his' policy and proceedings in this matter (which have been much
misrepresented) would not be complete without describing it.
The proposition was in effect this : That the Committee should
draw up a speech to the Queen, humbly petitioning, not only " for
the repeal of all monopolies grievous to the subject," with a view
to which every member of the House was to be invited to put in his
complaints in writing, but likewise for leave to make an Act that
they might be of no more force, validity, or effect than they are at
the Common Law, without the strength of her Prerogative," (a
thing which, though they might do it now, yet, in a case^so nearly
touching her Prerogative, they would not, as loyal and loving sub-
jects, offer to do without her privity and consent), and that as soon
as this address was drawn up the Speaker should be sent at once
(not at the end of the session, as on the last occasion) to speak it to
her ; and at the same time to deliver with his own hand the lists of
monopolies complained of.
This motion, which was quite in accordance with Bacon's idea of
the proper way of proceediug, was seconded by him in "a long
speech," of which, however, all we know is, that it " concluded thus
in the end."
30 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
Why you have the readiest course that possibly can be
devised. I would wish no further order to be taken but to pre-
fer the wise and discreet speech made by the young gentleman,
even the youngest in this assembly, that last spake. I'll tell
you, that even ex ore infantium et lactantium the true and most
certain course is propounded unto us. 1
After which speech of Bacon's the Committee separated, without
deciding upon anything except that they would meet again on Mon-
day.
It seems, however, that there was an obstruction somewhere.
For on Monday the debate fell away from the point again. Nor
did Cecil, who came forward at last, succeed in giving it a better
direction ; unless indeed his object were (as I rather suspect it was)
to introduce an element of disagreement for the purpose of post-
poning the decision. For after giving his opinion at large upon
most of the topics which had been discussed, but without drawing
towards any conclusion, he ended, very strangely, with recommend-
ing " a new commitment, to consider what her Majesty might grant
and what not ; and what course they should take, and upon what
points," 2 etc. : a recommendation which, proceeding from him, it is
difficult to understand, except as a device to keep the waters trou-
bled ; for it seemed to import a discussion of the Prerogative itself;
and which was met by a counter-recommendation, coming (to make
the matter stranger) from the popular side, for it was moved by
one of the members who in the first debate had spoken most deci-
dedly in favour of proceeding by Bill, and seconded by the member
who had spoken most vehemently and powerfully against the mono-
polies ^much to the effect of Townshend's proposition of Saturday
evening ; namely, " that they should be suitors unto her Majesty
that the Patentees should have no other remedies than by the laws
of the realm they might have, and that their Act might be drawn
accordingly." 3 This motion " the House seemed greatly to applaud ;"
and might, one would think, have passed at once, but that Cecil, for
some reason or other, was not disposed to withdraw his own ; and
the conclusion was that both motions should be determined upou
by the Committees that afternoon. Yet in the afternoon, unless
Townshend's notes are strangely imperfect, neither of them was put
to the question ; nor indeed was any question put at all. But the
old ground was beaten over again : lists of monopolies were handed
about privately : and one of these, containing nearly forty titles of
1 Townshend, p. 239. 2 Ib. 243. 3 Ib. 243.
1601.] CECIL'S INTERFERENCE. 31
Patents granted within the last twenty-eight years, was read out
openly by Cecil himself: after which they again separated without
concluding upon anything, to meet in the afternoon of the next day.
These repeated adjournments with no result naturally excited dis-
satisfaction and suspicion ; and on Tuesday morning, " after some
loud confusion in the House touching some private murmur con-
cerning monopolies," Cecil had to come forward again ; his " zeal to
extinguish monopolies making him to speak, to satisfy their opinions
that thought there should be no redress of them." He said " he
had been a member of the House in six or seven Parliaments, and
yet never did he see the House in so great confusion. . . . They had
had speeches, and speech upon speech, without either order or dis-
cretion. One would have had them proceed by Bill, and see if the
Queen would have denied it. Another that the Patents should be
brought there before them and cancelled : and this were bravely done.
Others would have them proceed by way of petition," etc. " But
I wish," he concluded, " every man to rest satisfied until the Com-
mittees have brought in their resolutions, according to your com-
mandments."
And what was it then that hindered the Committees from coming
to a resolution seeing that there was no difference at all among
them in their ends, no material difference about the means, and a
general inclination in favour of one of the two courses proposed?
The answer, I think, must be that the Queen was going to lay the
waves herself, and they were not to subside till she appeared. The
extraordinary disorder and confusion which had reigned in the Com-
mittee ever since Cecil took a prominent part in the proceedings,
and which was leading to an embarrassment from which they could
not extricate themselves, was a condition (whether natural or arti-
ficial) necessary to give full effect to the scene which followed ; and
which, as Bacon had no part in it except as a deeply interested
spectator, I must be content to describe less at large than I should
otherwise wish.
Such a petition from the Commons as Bacon recommended would
have opened a fair passage out of the difficulty. But the Queen
kuew of a more excellent way. The draught of the Subsidy Bill had
been proceeding without any check : not a murmur had escaped
during all this excitement to show that anybody regretted the grant
or wished to hold it back : and she bethought herself (being, though
not formally apprised, yet known to be aware of what had passed)
that it would be no less than gracious, in a case so unusual, to make
some acknowledgment. Thus it came to pass that on that very
afternoon, when the Committee on Hide's Bill was to have met
32 LETTERS AXD LIFE OF FRANCIS BACOX. [CHAP. I.
again for the fourth time, the Speaker was sent for to convey her
hearty thanks to the House for the care they had shown of her
state and kingdom in agreeing to so large a subsidy at the very
beginning of the session. He was to tell them from her how highly
she valued this evidence of their affection ; how their love was her
dearest possession, and to repay it by defending them from all op-
pressions, her chief and constant care. In token of which he was
to inform them further, that having lately understood, partly from
her Council and partly by petitions delivered to her as she went
abroad, that certain Patents which she had granted had been abused
and made oppressive by the substitutes of the Patentees, she had
given order to have them reformed : some should be presently re-
voked, and all suspended until tried and found good according to
law ; and the abusers should be punished.
Such was the substance of the message which the Speaker, " to
his unspeakable comfort," had to deliver to the House the next
morning ; and in which, coming to us as it does at the second re-
flexion a report of a report some image may still be traced of
that majesty of demeanour, that " art and impression of words," with
which Elizabeth so well knew how to rule the affections of a people.
The Speaker having concluded his report with a congratulation upon
this happy solution of their difficulties, Cecil now quite himself
again, and in high spirits explained at length what was to be done :
the sum of which was shortly this : It had been found that some of
the Patentees had been in the habit of extorting money from ignorant
and helpless people by threatening them with proceedings which the
patents themselves did not justify: therefore a proclamation was
to go forth immediately, suspending the execution of all these pa-
tents without exception, and referring them to the decision of the
common law.
This being all that anybody proposed either to ask for or to do
without asking, the House was overcome with delight. One of the
most vehement speakers on the popular side, 1 even he who had de-
clared only five days before that " there was no act of the Queen's
that had been or was more derogatory to her own Majesty, or more
odious to the subject, or more dangerous to the commonwealth, than
the granting of these monopolies," 2 was the first to express his entire
satisfaction ; and immediately moved that the Speaker should be sent
to the Queen, not only to thank her for what she had done, but to
apologize for what they had said, and " humbly to crave pardon " for
" divers speeches that had been made extravagantly in that House."
And though the second clause of his motion was rejected, on the
1 Francis Moore, Member for Reading. J Townshend, p. 233.
1601.] Q. ELIZABETH'S LAST APPEAKANCE. 33
ground that " to accuse themselves by excusing a fault with which
they were not charged, were a thing inconvenient and unfitting
the wisdom of that House," 1 the first was carried unanimously. A
dozen members were immediately chosen to accompany the Speaker,
and the Privy Councillors were requested to obtain leave for them
to attend her.
But she knew how to keep her state. Cecil came back the next
day with a short answer in these words : " Tou can give me no more
thanks for that which I have promised you than I can and will give
you thanks for that which you have already performed." "You
shall not need," he added, " (your good will being already known)
use any actual thanks : neither will she receive any, till by a more
actual consummation she hath completed this work. At that time
she will be well pleased to receive your loves with thanks, and to
return you her best favours." 2
This was on Thursday. On Saturday, the promised Proclamation
being published "and in every man's hand," they were informed
that she would receive them on Monday in the afternoon, 40,
50, or 100 of them. But when they were proceeding to select
the hundred, there rose a cry at the lower end of the House of
all, all, all: which being reported to the Queen, she gave leave
for all to come. She received them in state ; and having heard the
address of thanks, delivered by the Speaker in a style which reminds
one of the Liturgy, replied in a style peculiar to herself. If she had
known that it was her last meeting with her people, and studied to
appear that day as she would wish to be remembered ever after, she
could not have done it better. Gracious, grateful, affectionate, fami-
liar ; seated high above the reach of injury or offence, and filled with
awful confidence in the authority deputed to her, yet descending to
exchange courtesies, accept benefits, acknowledge and excuse errors
" She bowed her eminent top to their low ranks,
Making them proud of her humility ;"
and I suppose never appeared so unquestionably and unapproachably
sovereign as then when she spoke to them most freely, feelingly, and
touchiugly, in the tone of a woman and a friend.
So ended an exciting and rather critical ten days' work, to the full
satisfaction of everybody : the monopoly question being effectually
disposed of for the time, and the Queen seated more firmly than ever
in the admiration and affection of her people. 3
1 " Mr. Francis Bacon spake to the same effect also ; and in the end concluded
thus : Nescio quid peccati portet TKKC purgatio." Townshend, p. 252.
- Townshend, p. 253.
3 " The Patents for Monopolies granted to several persons are suppressed and
VOL. Til. D
34 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
9.
The rest of the business of the Session has not much interest for
us; but as Bacon's name appears in the journals from time to time,
I am bound to give account of what he said and did.
There was one Act passed, which, if not originally his own, seems
to have fallen into his hands in its progress through the Committee :
"An Act Concerning Matters of Assurances amongst Merchants."
It seems that formerly, if any dispute arose upon a question of
assurance, the practice was to settle it by arbitration; the arbi-
trators being appointed by the Lord Mayor. But of late it had been
Becoming usual to decline arbitration, and force the party assured
to seek his remedy by suit in the Queen's courts. This course
caused delay which was very inconvenient to the merchant, and a
bill was brought in by somebody to remedy it. The particular pro-
visions of this bill are not reported, but the Committee to which it
was referred ' seem to have thought them inadequate, and to have re-
commended a new bill instead, giving power to the Lord Chancellor
to appoint a standing commission for the determination of such dis-
putes "in a brief and summary course, without formality of pleadings
or proceedings," their decrees being subject under certain conditions
to an appeal in Chancery. 2
The report of this Committee was brought up by Bacon on the 7th
of December, with the following speech :
SPEECH ON BRINGING IN A BILL CONCERNING ASSURANCES
AMONG MERCHANTS.
I am, Mr. Speaker, to tender to this House the fruit of the
Committees' labour, which tends to the comfort of the stomach
of this realm ; I mean the merchant ; which if it quail or fall into
a consumption, the State cannot choose but shortly be sick of
that disease. It is inclining already.
A certainty of gain is that which this law provides for ; and
by Policy of Assurance the safety of goods is assured unto the
merchant. This is the lodestone that draws him out to adven-
ture, and to stretch even the very punctilio of his credit.
The Committees have drawn a new bill, far differing from the
suspended : but this is done by Her Majesty's proclamation, and not by any
statute, because her II. mercy and grace should be the more superabundant ; and
you should not believe what contentment the Commons receive at it." Levinus
Monck to Mr. Wilson, 12 Dec. 1601. S.P.O. Domestic.
1 13 Nov. D'Ewes, p. 626. - Statutes of the Eealm, 43 Eliz. c. 12.
1601.] NOTES OF SPEECHES ON SEVERAL QUESTIONS. 35
old. The first limited power to the Chancery, this to certain
Commissioners by way of Oyer and Terminer. The first that it
should only be there : this that only upon appeal from the Com-
missioners it should be there finally arbitrated. But lest it may
be thought to be for vexation, the party appellant must lay in de-
posito, etc. And if upon hearing it goes against him, must pay
double costs and damages.
We thought this course fittest for two reasons.
First, because a suit in Chancery is too long a course, and the
merchant cannot endure delays.
Secondly, because our courts have not the knowledge of their
terms, neither can they tell what to say upon their cases, which
be secrets in their science, proceeding out of their experience.
I refer the Bills, both old and new, to your considerations,
wishing good success therein, both for comfort of the Merchant
and performance of our desires. The Bill is entitled An Act for
Policy of Assurance used amongst Merchants^
The new Bill, having been referred in its turn to a Committee,
and brought up again by Bacon, with some amendments (14 Dec.),
was passed in the end, without any observations that we hear of. 2
Another debate in which he took part was upon a motion for
repealing a favourite Act of his own. In the general Act " for the
continuance of divers, statutes and the repeal of others," it was pro-
posed to include " The Statute of Tillage," on the ground that it laid
a burden upon the husbandman which, when corn was cheap (as it
was then), he could not bear. Bacon, whose own measure it was
(see Vol. JI. pp. 79-83), opposed the motion on the same grounds of
general policy which he had formerly urged and always continued to
hold sound ; as may be gathered from the following short note of his
speech.
SPEECH AGAINST THE REPEAL OF THE STATUTE OF TILLAGE.
" The old commendation of Italy by the poet is Potens viris
atque ubere gltba ; and it stands not with the policy of the
State that the wealth of the kingdom should be engrossed into
a few pasturers' hands. And if you will put in so many pro-
visoes as be desired, you will make so great a window out of the
law that we shall put the law out of the window, etc.
1 Townshend, p. 289. Harl. MSS. 2283, fo. 91. 2 D'Ewes, pp. 680, 684, 685.
D 2
36 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. I.
The husbandman a strong and hardy man ; the good foot-
man : which is a chief observation of good warriors/' etc.
So he concluded the statute not to be repealed, etc. 1
He was answered by Sir Walter Ealegh with arguments founded
on good free trade principles : but in the end the statute was con-
tinued, only with a provision that it should nob apply to Northum-
berland.
It was also moved to " annex " to the " statute of Rogues " a cer-
tain "exposition" of it, which had been made, it seems, by the
justices.
The following note of Bacon's speech against this motion contains
all that the journals tell us as to the effect and the fate of it.
SPEECH AGAINST A MOTION FOR MAKING A JUDICIAL EXPO-
SITION OF A STATUTE PART OF THE STATUTE.
There were never yet but two Articuli : the one Articuli super
Chartas, when the sword stood in the Commons' hand : the other
Articuli Cleri, when the Clergy of the land bare sway : and that
done upon deliberation and grave advice.
I beseech you remember, these are done by Judges, and
privately, and perhaps in a chamber. And shall we presently
without scanning or view enact them ? It befits not the gravity
of this house.
And so, after a long speech, dashed it. 2
Breaches of privilege, in the form of liberties taken with members'
servants, were unusually frequent during this Session, and made the
proceedings unusually lively. But the only case in whicli Bacon is
mentioned as taking a part in the debate was the following :
Mr. Fleetwood, a member of the House, had sent by his servant a
sum of money in a bag to one Holland, a scrivener. Holland after-
wards told Fleetwood that there wanted 10. 6s. of the proper sum.
Fleetwood's man being called in and "justifying the payment," Hol-
land gave him the lie : whereupon he gave Holland the lie : whereupon
Holland with the help of his man beat him. Fleetwood brought the
matter before the House, and the question was whether they should
be sent to the Tower, or taken into custody by the sergeant.
Bacon's opinion is thus reported:
1 Townshend, p. 299. Harl. MSS. 2283, fo. 98 b.
2 Ib. p. 290. Harl. MSS. 2283, fo. 92.
1601.] NOTES OF SPEECHES ON SEVERAL QUESTIONS. 37
SPEECH AGAINST COMMITTING TO THE TOWER FOR AN ASSAULT
ON A MEMBER'S SERVANT.
I have been a member of this House these seven Parliaments,
and never yet knew above two that were committed to the
Tower. The first was Arthur Hall, for that he said the Lower
House was a new person in the Trinity ; and (because these words
tended to the derogation of the state of this House, and giving
absolute power to the other) he was therefore committed. The
other was Parry, that for a seditious and contemptuous speech
made even there (pointing to the second bench) was likewise
committed. Now this offence is not of the like nature, and
very small, not done to the person of any member of this
House. And therefore I think the Sergeant's custody is punish-
ment sufficient. 1
The conclusion was, that Holland and his man should both be in
the Sergeant's custody for five days, and pay double fees.
But the question which brought Bacon out in the mood least in
accordance with his traditional reputation, was one relating to Chari-
table Trusts : and it is a pity that the point in dispute is not more
fully recorded.
An Act had been passed in the last Session to prevent the mis-
application of the revenues of colleges, hospitals, and other charitable
institutions. By this Act the bishops were armed with powers
which were found or thought to be dangerous ; a bill " to explain the
meaning of the Statute " was accordingly brought in, 2 and on the
second reading referred to the Committee for Repeal of Statutes. 3
In Committee it was agreed to repeal the existing Act and pass
a new one. In the course of the new bill through its stages, a
question arose whether the old Act should be repealed by the general
Act for the Eepeal of Statutes, or by the new one : that is, (if I un-
derstand the point rightly), whether it should be repealed or only
amended. Bacon seems to have been, for some reason or other, ex-
traordinarily eager against the repeal. The fragment of his speech
which Townshend has preserved, does not enable me to understand
the importance of the point in dispute, or the particular motives of
Ins opposition ; but the passage has a personal interest, as giving
us a glimpse of him in a state of excitement to which he did not
often give way in public.
1 Townshcnd, p. 200. Harl. MSS. 2283, fo. 70 b.
2 24 Nov. Townshend, p. 246. 3 28 Nov. D'Ewes, p. 617.
38 LETTEES AND LIFE OF FKAJfCIS BACOX. [CHAP. I.
He said (we are told) among many other things
That the last Parliament there were so many other bills for
the relief of the Poor that he called it a Feast of Charity. And
now this statute of 39 having done so much good as it was
delivered to the House, and the Lord Keeper having told* him
that he never revoked but one decree of the Commissioners, we
should do a most uncharitable action to repeal and subvert such
a mount of charity; and therefore we should rather tenderly
foster it than roughly cry away with it.
I speak (quoth he) out of the very strings of my heart ; which
cloth alter my ordinary form of speech ; for I speak not now out
of the fervency of my brain, etc.
So he spake something more against the bill put in by Mr.
Phillips for repeal : by reason Bishops' lands were put in, and
inrolments, etc., which he said was a good fetch and policy for
the sole practices 1 of the Chancery.
Mr. Phillips answered, That he would not speak as he had
spoken, rather out of humour than out of judgment ; neither
had he brought to the House a market-bill or mercer's bill con-
cerning the state, etc. And, so, after many persuasions for the
bill, and bitter answers to Mr. Bacon, he ended with desire to put
it to the question whether it should be repealed by the public
act or by his private bill. 2
A long debate followed, which ended in an agreement that it
should be repealed by the general Act.
Without knowing what were the provisions of the new bill, as
originally proposed, it is impossible to guess what should have made
Bacon so vehement ; for the mere form of proceeding could hardly
involve anything very material : but there is no doubt about the fact.
Not only was it remembered and noticed in the House the next day,
but it seems that the counsel of the night 3 had not restored him to
his usual composure. The next morning a question of privilege
was under dfscussion. Sir Francis Hastings whose brother, Lord
Huntingtou, was one of the parties interested was going to speak
a second time, wheu the following dialogue occurred :
" Mr. Bacon interrupted him, and told him ' it was against the
course.' To which he answered, ' He was old enough to know when
and how often to speak.' To which Mr. Bacon said, ' It was no
1 Sic. : qu. practisers ? 2 Townshend, p. 291 ; Harl. MSS. 2283, fo. 92 b.
3 " In nocte consilium." Essay of Counsels, vi. p. 426.
1(501.] NOTES OF SPEECHES ON SEVEEAL QUESTIONS. 39
liiatter, but he needed not to be so hot in an ill cause.' To which
Sir Francis replied, ' lu several matters of debate a man may speak
often : so I take it is the order. He (pointing to Mr. Bacon)
talks of heat. If I be so hot as he was yesterday, then put me out
of doors.'" 1
And again in the afternoon, when two bills were to be debated,
and there was some dispute which should have precedence, Towns-
hend tells us that " Mr. Francis Bacon kept such a quoil to have the
bill concerning Charitable Uses put to the question," that the other
bill "was clean hushed up." 2
Nothing, however, remains to show what the points in dispute
were : and in the end a new Act was passed for precisely the same
purpose as the former only with several new provisoes and some
limitation of the power confided to the -bishops under the title of
" An Act to redress the misemployment of lands, goods, and stocks
of money, heretofore given to Charitable Uses;" whether satisfac-
tory to Bacon or not, I cannot say.
1 Townshend, p. 297. Harl. MSS. 2283, fo. 97 b. 2 Ib. p. 298, fo. 98.
40
CHAPTER II.
A.D. 1601-1603. DECEMBER-APRIL. .ETAT. 41-43.
1.
WHEN a man is afflicted with chronic disease of the purse his worst
friend is a too liberal lender. In June, 1594, Anthony Bacon, in
thanking his mother for assenting to some arrangement for the satis-
faction and assurance of Mr. Nicholas Trott, described him as a
friend who " had shown more real confidence and kindness " towards
himself and Francis, than " all their brothers and uncles put together
would have performed, if they had been constrained to have had
recourse to them in the like case." 1 But in June, 1594, Francis
was in continual expectation of being made Solicitor-General, and
was beginning to be actually employed in business of the learned
counsel. Before the end of 1596 the hope of the Solicitor- General-
ship was extinct, his other prospects dim, his credit at a discount,
and the kind and confident frieud turned into the aggrieved and
complaining creditor. 2 As it usually happens in such cases, either
story taken by itself sounds reasonable : and the evidence is not
complete enough to give us the means of judging between them.
Abuse of confidence is complained of on both sides ; by the creditor,
in the shape of promises unperformed ; by the debtor, in the shape
of usurious interest demanded ; and on both sides, I dare say, the
complaint was sincere ; though in a transaction between friends the
presumption is commonly against the borrower, because the lender
can always behave like a gentleman if he will, whereas the borrower
has not perhaps the means of doing so. Bacon, not being able to
repay what he had borrowed, was forced at last to mortgage Twick-
enham Park ; and it seems that the deed gave Trott a right of
entry if the debt were not paid before November, 1601. To avoid
this, Bacon, now owner of all that his brother had left, and with
1 Vol. I., 323, note.
2 See Trott's letter to Anthony Bacon, 7 Aug. 1597. Lambeth MSS. 661, 170.
And Anthony's to Francis, 7 Dec. 1596. Add. MSS. Br. Mu. 4122, 186.
1601.] BACON'S ACCOUNT WITH TKOTT. 41
some ready mouey from Catesby's fine to help, resorted to his
friends Maynard and Hickes, who endeavoured to negociate a set-
tlement of Trott's claims. The matters in dispute were referred
to the Lord Treasurer. And I suppose it was either with a view
to that reference, or to some subsequent question arising out of it,
that the following statement was drawn up by Bacon. The original
is preserved among the Lansdowne MSS., but is not in Bacon's own
handwriting, and has no date. The docket, written in another hand,
which I take to be Hickes's, merely describes it as " The state of the
cause betwixt Mr. Fra. Bacon and Mr. Trott."
The state of the account between Mr. Trott and
me, as far as I can collect it by such remem-
brances as I find ; my trust in him being such
as I did not carefully preserve papers; and my
demands upon the same account. 1
About 7 or 8 years passed I borrowed of him The mo-
upon bonds . 200 /. pies lent
r in parti-
Soon after I borrowed upon bond other . . 200 /. culars.
Upon my going northward I borrowed of him
by my brother's means 100 /.
But this was ever in doubt between my bro-
ther and me ; and my brother's conceit
was ever it was twice demanded, and that
he had satisfied it upon reckonings be-
tween Mr. Trott and him.
About a twelvemonth after, I borrowed of
him, first upon communication of mort-
gage of land, and in conclusion upon bond 1200 /.
But then upon interest and I know not what
reckonings (which I ever left to his own
making) and his principal sum, amounting
to 1700 /. was wrapped up to 2000 /., and
band given according as I remember.
And about August xlii do Rnse I borrowed of
him upon the mortgage of Twicknam p k . 950 1,
So as all the monies that Mr. Trott The total
lent at any time amount to the of Trott's
principal.
total of 2650 /.
1 Lansd. MSS. kixviii. fo. 50.
42
LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
Mr.Trott's
receipts at
several
times.
Trott's re-
ccits.
The debt
depending.
His fur-
ther de-
mands of
interest till
November.
The total
of his de-
mands.
Of this sum he hath received, about 5 years
since, upon sale of certain marshes in
Woolwich 300 /.
He received about 4 years since, upon sale of
a lease I had of the parsonage of Red-
bourne 4507.
He received about 3 years since, upon sale of
the manor of Burstone 800 /.
He received about 2 years since, of Mr.
Johnson of Gr. Inn, being my surety for
200 /. principal 233 /.
He received of my cousin Kemp, another of
my sureties, at the least 100 /.
He hath received in divers small suras of 40,
30, 10/., upon computation of interest . 210 /.
So as the sums which he hath re-
ceived amount to the total of . 2093 /.
He hath now secured unto him, by mortgage
of Twicknam Park 1259 /. 12 s
Upon my cousin Cooke's band . . 210 /.
Upon Mr. Ed. Jones's band ... 208 /.
Upon mine own band 220 /.
Sum total . . . f 1897 1 . 12 s
He demandeth furder for charges and in-
terest till the first November 1601 . . 138 1 . 4 8 . 8 d
So the total sum of the money he
now demandeth is .... 2035 .16.8
So as the whole sum of principal and
interest amounteth to . . . . 4128 . 16 . 8
Deduct out of this the principal, viz. . 2650 /.
Remaineth in interest grown . . . 1478 . 16 . 8
Upon this account I demand the abatement of some part of
the interest, considering he hath been beholding to me, and his
estate good and without charge, and mine indebted. And this
I demand because upon every agreement and renew of assurance
he made faithful promise (as himself confessed before my Lord
Treasurer) that he would submit the interest to arbitrament of
1601.] II KM3 OBJECTED TO. 43
friends. And divers of ray creditors that made no such promise,
and are less able and more strangers to me, have in friendly
manner made me round abatements.
But absolutely I demand the abatement of interest upon inter-
est, which no creditor that ever I [had] 1 did so much as offer to
require. And this cannot be so little as 400"* : for his manner
was upon every new account to cast up interest and charges,
and to make it one principal, as appeareth by his last account
and other writings.
Thirdly, I demand the abatement of 400 lb which he hath no
conscience to demand, for his colour is that because my Brother
sold him land charged with a rent of 4 lb (as I remember by the
year) more than he sayeth he intended, therefore I should pay
the value of the inheritance of this Rent.
Fourthly, T demand the abatement of 100 lb , by his own agree-
ment to be defalked upon his mother's death (as by his indenture
appeareth), and though it were conditional if I paid it by a day,
yet it is all one, for if I paid not, it is accounted for.
So as I will make him this offer, if he will discharge
the three bonds and the interest since, I will pay
him down his 1259 lb .12 s for the redemption of
Twicknam Park.
How far this offer was equitable it is not possible to judge with-
out knowing what was the rate of interest agreed upon, what were
the exact dates of the payments on either side, and whether any
items in the account were disputed points which we have no means
of ascertaining ; for though there are in the same volume 2 two
letters from Trott to Hickes, dated the 18th and 19th of December,
1601, and written after the Lord Treasurer had made his award, I
do not find any counter-statement of the account on his side, or any
copy or note of the award itself. Assuming however, in the absence
of all evidence to the contrary, that the sums and dates are correct
as far as they go, it may be roughly estimated as equivalent to the
repayment of the principal with compound interest at 10 per cent.
For I find that if the payments on either side had been made at
Midsummer, and a fresh account opened each year, the balance
against Bacon (interest being calculated at 10 per cent.) would have
amounted at Midsummer, 1601, to 1247. And though this may
not have been according to the terms of the bargain, in which a high
1 ' had,' omitted iu MS. J fo. 43 and 54.
44 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
charge would probably be made to cover tbe risk of losing all, yet if
in the end Trott did not in fact lose anything, but in the course of
the eight years over which the account ran recovered the whole of
his principal, with compound interest at 10 per cent., he had not (in
his character of friend) much to complain of.
From his letters to Hickes of the 18th and 19th of December, I
gather (though it is not distinctly stated) that the sum awarded by
the Lord Treasurer's auditor was 1800, to be paid by the 22nd of
December ; but that, at Hickes's intercession, Trott agreed to make
some further abatement, and to allow another month's delay. As we
hear no more of it, I conclude that the money was paid by the 22nd
of January, 1601-2, Bacon's forty-first birthday, and Twickenham
Park redeemed.
2.
The prosperous proceeding and gracious parting with her last Par-
liament was not the only contribution brought by the Christmas of
1601 to the felicities of Queen Elizabeth. On Christmas Eve, an
attempt by Tyrone, with the largest rebel army ever brought toge-
ther in Ireland, acting in combination with two or three thousand
newly-landed Spaniards, to relieve the troops in Kinsale, was antici-
pated and defeated by Montjoy, and the relieving force so com-
pletely broken that the Spanish general, finding his enterprise hope-
less, the rather because the ships sent from Spain with fresh provi-
sions of war had been at the same time attacked and destroyed in
the harbour of Castlehaven by Sir Kichard Leveson, prepared to
capitulate. The news of this decisive victory reached London on
2nd of January, 1601-2, and was followed on the 20th by a report
of the terms of capitulation ; the sum of which was that the Spaniards
should surrender all the places they held, and be allowed to go away
with all they brought with them, and help to transport it. The blow
was fatal to the rebellion. Montjoy, pressing his advantage with
judicious assiduity, and planting garrisons as he proceeded, gradually
established himself in military possession of the whole country.
But military possession, though indispensable as a preparation for
the work that had to be done, was not the work itself. How to
cure the disease out of which this great rebellion a rebellion of
eight years' duration had sprung, was the great problem of estate
which now pressed for solution ; and much depended upon the right
treatment being adopted, and adopted immediately, at this conjunc-
ture. Sir Robert Cecil was now the leading man at the English
Council-board ; and to him Bacon volunteered a memorial on the
subject, which he thought worth preserving in his own collection,
1602.] LETTER TO CECIL ON THE STATE OF IRELAND. 45
and of which the interest is not yet obsolete. The exact date of the
composition I have not been able to ascertain. But the allusion to
a Spanish enterprise against Algiers, coupled with the fact that he
was writing in the " dead vacation time," leaves little room for doubt
that it was sent to Cecil in the summer of 1602, probably in August. 1
A LETTER TO MR. SECRETARY CECIL, AFTER THE DEFEATING OF
THE SPANISH FORCES IN IRELAND ; INCITING HIM TO EM-
BRACE THE CARE OF REDUCING THAT KINGDOM TO CIVILITY,
WITH SOME REASONS SENT INCLOSED. 2
It may please your Honour,
As one that wisheth you all increase of honour ; and as one
that cannot leave to love the state (how little interest soever I
have, or may come to have in it) ; and as one that now this dead
vacation time hath some leisure ad aliud agendum ; I will presume
to propound unto you that which though you cannot but see, yet
I know not whether you apprehend and esteem it in so high a
degree; that is, for the best action of importation to yourself of
honour and merit of her Majesty and this crown, without ven-
tosity or popularity, that the riches of any occasion, or the tide of
any opportunity, can possibly minister or offer. And that is the
causes of Ireland, if they be taken by the right handle. For if
the wound be not opened again, and come not to a recrudency
by new foreign succours, 1 think that no physician will go on
much with letting blood in declinatione morbi, but will intend
to purge and corroborate. To which purpose I send you my
opinion, without labour of words, in the enclosed ; and sure I
am that if you shall enter into the matter according to the viva-
city of your own spirit, nothing can make unto you a more gain-
ful return. For you shall make the Queen's felicity complete,
which now (as it is) is incomparable ; and for yourself, you shall
shew yourself as good a patriot as you are thought a politic, and
make the world perceive you have no less generous ends than
dexterous delivery of yourself towards your ends ; and that you
have as well true arts and grounds of government as the facility
and felicity of practice and negotiation ; and that you are as well
1 " The soldiers and gallies which are come hither out of Italy are now to be
employed against the Turk in a second enterprise upon Algiers, wherein the King
of Fez is to become a partner with Spain, etc." Abstract of an advertisement
out of Spain of the 6th of August, 1602. Lambeth MSS. 604, fo. 181.
" In Spain the enterprise of Algiers dissolved : the gallies returned to Italy. "
Cecil to Sir G. Carew, 4 Nov. 1602. Ib. fo. 217.
2 Add. MSS. 5503, fo. 12.
46 LETTERS AM) LIFE OF FRANCIS BACOX. [CHAP. IL
seen in the periods and tides of estates, as in your own circle
and way : than the which I suppose, nothing can be a better
addition and accumulation of honour unto you.
This I hope I may in privateness write, either as a kinsman
that may be bold, or as a scholar that hath liberty of discourse,
without committing any absurdity. But if it seem any error for
me thus to intromit myself, I pray your Lordship believe, I ever
loved her Majesty and the state, and now love yourself; and
there is never any vehement love without some absurdity, as the
Spaniard well says : desuario con la calentura. So desiring your
Honour's pardon, I ever continue.
Considerations touching the Queen's service in Ireland. 1
The reduction of that country as well to civility and justice as
to obedience and peace (which things, as affairs now stand, I hold
to be inseparable), consisteth in four points :
1. The extinguishing of the relicks of the war.
2. The recovery of the hearts of the people.
3. The removing of the root and occasions of new troubles.
4. Plantations and buildings.
For the first ; concerning the places, times, and particularities
of further prosecution in fact, I leave it to the opinion of men of
war ; only the difficulty is, to distinguish and discern the propo-
sitions which shall be according to the ends of the state here,
(that is, final and summary towards the extirpation of the
troubles) , from those which, though they pretend public ends, yet
may refer indeed to the more private and compendious ends of
the council there ; or the particular governors or captains. 2
But still, as I touched in my letter, I do think much letting of
blood, 3 in declinatione morbi, is against method of cure : and
that it will but induce necessity and exasperate despair, and
percase discover the hollowness of that which is done already ;
which now blazeth to the best shew. For Taglias and proscrip-
tions of two or three of the principal rebels, they are no doubt
jure gentium lawful : in Italy usually practised upon the ban-
ditti; best in season where 4 a side goeth down; and may do
1 Rawley's ' Resuscitatio :' R. Add. MSS. 5503 : A. Lansd. MSS. 238 : fo. 89 B.
2 or rather particular governors or captains there : A. or other particular go-
vernors or captains: B.
3 So B. letting blood : A. < when : B.
1002.] CONSIDERATIONS ON THE SERVICE IN IRELAND. 47
good in two kinds ; the one, if they take effect, the other in the 1
distrust which may follow amongst the rebels themselves. But
of all other points, to my understanding, the most effectual is the
well expressing or impressing of the design of this state upon
that miserable and desolate kingdom ; containing the same be-
tween these two lists or boundaries ; the one, that the Queen
seeketh not an extirpation of that people, but a reduction ; and
that now she hath chastised them by her royal power and arms,
according to the necessity of the 3 occasion, her Majesty taketh no
pleasure in effusion of blood, or displanting of antient genera-
tions. The other that her Majesty's princely care is principally
and intentionally bent upon that action of Ireland ; and that she
seeketh not so much the ease of charge, as the royal perfor-
mance of the office of protection and reclaim of those her sub-
jects : and in a word, that the case is altered so far as may stand
with the honour of the time past : which it is easy to reconcile,
as in my last note I shewed. 3 And again, I do repeat, that if
her Majesty's design be ex professo to reduce wild and barbarous
people to civility and justice, as well as to reduce 4 rebels to obe-
dience, it makes weakness turn Christianity, and conditions graces;
and so hath a fineness in turning utility upon point of honour,
which is agreeable to the humour of these times. And besides,
if her Majesty shall suddenly abate the lists of her forces, and
shall do nothing to countervail it in point of reputation of a poli-
tic proceeding, I doubt things may too soon fall back into the
state they were in. Next to this adding of reputation to the cause
by imprinting an opinion of her Majesty's care and intention
upon this action, is the taking away of reputation from the con-
trary side, by cutting off the opinion and expectation of foreign
succours ; to which purpose this enterprise of Algiers (if it hold
according to the advertisement, and if it be not wrapped up in
the period of this summer) seemeth to be an opportunity ccelitus
demissa. And to the same purpose nothing can be more fit than
a treaty or a shadow of a treaty of a peace with Spain, which
methinks should 5 be in our power to fasten at least rumore tenus,
to the deluding of as wise people as the Irish. Lastly (for this
point) that which the ancients called potestas facta redeundi ad
sanitatem, and which is but a mockery when the enemy is strong
or proud, but effectual in his declination, that is, a liberal pro-
1 the om. A. 2 Om. A. 3 This clause is omitted in A and B.
4 produce : A. "' inll : A.
48 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
clamation of grace and pardon to such as shall submit and come
in 1 within a time prefixed, and of some further reward to such as
shall bring others in, that one's 2 sword may be sharpened by
another's, is a matter of good experience, and now I think will
come in time. And perchance, 3 though I wish the exclusions of
such a pardon to be exceeding few, yet it will not be safe to con-
tinue some of them in their strengths/ but to translate them and
their generations into England, and give them recompence and
satisfaction here for their possessions there, as the King of Spain
did by divers families of Portugal.
To the effecting of all the points aforesaid, and likewise those
which fall within the divisions following, nothing can be (in
priority either of time or matter) better than the sending of
some Commission of countenance, ad res inspiciendas et compo-
nendas ; for it will be a very significant demonstration of her
Majesty's care of that kingdom ; a credence to any that shall
come in and submit ; a bridle to any that have their fortunes
there, and shall apply their propositions to private ends ; and an
evidence that her Majesty, after arms laid down, speedily pur-
sueth a politic course, without neglect or respiration : and it hath
been the wisdom of the best examples of government.
Towards the recovery of the hearts of the people, there be but
three things in natura rerum.
1. Religion.
2. Justice and protection.
3. Obligation and reward.
For Religion (to speak first of piety, and then of policy), all
divines do agree, that if consciences 5 be to be enforced at all
(wherein they differ), yet 6 two things must precede their enforce-
ment ; the one, means of instruction ; the other, time of opera-
tion ; neither of which they have yet had. Besides, till they be
more like reasonable men than they yet are, their society were
rather scandalous to the true religion than otherwise, as pearls
cast before swine : for till they be cleansed from their blood, in-
contiueucy, and theft (which are now not the lapses of particular
persons, but the very laws of the nation) they are incompatible
with religion reformed. For policy, there is no doubt but to
1 in om. A, B. 2 one: A, B. 3 percase : B, R.
4 strength : B, R. 5 conscience : A. 6 (wherein yet they differ) : R.
1002.] CONSIDERATIONS ON THE SERVICE IN IRELAND. 49
wrastle with them now is directly opposite to their reclaim, and
cannot but continue their alienation of mmd from this govern-
ment. Besides, one of the principal pretences whereby the
heads of the rebellion have prevailed both with the people and
with the foreigner, hath been the defence of the Catholic reli-
gion : and it is this that likewise hath made the foreigner re-
ciprocally more plausible with the rebel. Therefore a toleration
of religion (for a time not definite) except it be in some prin-
cipal towns and precincts, after the manner of some French
edicts, seemeth to me to be a matter warrantable by religion,
and in 1 policy of absolute necessity. And the hesitation 1 in this
point I think hath been a great casting back of the affairs there.
Neither if any English papist or recusant shall, for liberty of his
conscience, transfer his person family and fortunes thither, do
I hold it a matter of danger, but expedient to draw on under-
taking, and to further population. Neither if Rome will cozen
itself, by conceiving it may be some degree to the like toleration
in England, do I hold it a matter of any moment, but rather a
good mean 2 to take off the fierceness and eagerness of the humour
of Rome, and to stay further excommunications or interdictions
for Ireland. But there would go hand in hand with this, some
course of advancing religion indeed, where the people is capable
thereof; as the sending over some good preachers, especially of
that sort which are vehement and zealous persuaders, and not
scholastical, to be resident in principal towns ; endowing them
with some stipends out of her Majesty's revenues, as her Majesty
hath most religiously and graciously done in Lancashire : and
the recontinuing and replenishing the college begun at Dublin;
the placing of good men to be bishops in the sees there ; and the
taking care of the versions of bibles, catechisms, and other
books of instruction, into the Irish language ; and the like reli-
gious courses; both for the honour of God, and for the avoiding
of scandal and insatisfaction here by the show of a 3 toleration of
religion in some parts there.
For Justice, the barbarism and desolation of the country con-
sidered, it is not possible they should find any sweetness at all of
justice, if it shall be (which hath been the error of times past)
formal, and fetched far off from the state ; because it will require
running up and down for process, and give occasion for polling
1 of: A. 2 meanes: A. 3 a, oin. A.
VOL. III. E
50 LETTERS AND LIFE OF FRANCIS BACON. [CnAV. II.
and exactions by fees, and many other delays and charges. And
therefore there must be an interim, in which the justice must be
only summary ; the rather, because it is fit and safe for a time
the country do participate of martial government. And there-
fore I could wish in every principal town or place of habitation,
there were a captain or governor, and a judge, such as recorders
and learned stewards are here in corporations, who may 1 have a
prerogative commission to hear and determine secundum sanam
discretionem, and as near as may be to the laws and customs of
England ; and that by bill or plaint, without original writ ; re-
serving from their sentence matter of free-hold and inheritance,
to be determined before a superior judge itinerant; and both
sentences, as well of the bayliwick judge as the itinerant, to be
reversed (if cause be) before the council of the province to be es-
tablished there with fit instructions.
For Obligation and Reward, it is true (no doubt) which was
anciently said, that a state is contained in two words, preemium
and poena. And I am persuaded, if a penny in the pound which
hath been spent in pcena (for this kind of war is but poena, a
chastisement of rebels, without fruit or emolument to this state)
had been spent in pr&mio, that is, in rewarding, things had never
grown to this extremity. But to speak forwards. 2 The keeping
of the principal Irish persons in terms of contentment, and with-
out cause of particular complaint, and generally the carrying of
an even course between the English and the Irish, whether it be
in competition, or whether it be in controversy, as if they were
one nation (without that 3 same partial course which hath been held
by the governors and counsellors there, that some have favoured
the Irish and some contrary) is one of the best medicines of 4
state. And as for other points of contentment, as the counte-
nancing of their nobility as well in this court as there ; the im-
parting of knighthood ; the care of education of their children,
and the like points of comfort ; they are things which fall into
every man's consideration.
For the extirping of the seeds of troubles, I suppose the main
roots are but three. The first, the ambition and absoluteness of
the chief of the 5 families and septs. The second, the licentious
idleness of their kernes and soldiers, that lie upon the country
by cesses and such like oppressions. And the third, their 6 bar-
1 may, om. A. 2 afterwards: A. 3 the-. A. 4 that state: R.
5 chief of the, om. A. 6 the : A, B.
1602.] CONSIDERATIONS ON THE SERVICE IN IRELAND. 51
barous laws, customs, their Brehen law, 1 habits of apparel, their
poets or heralds that euchant them in savage manner, and sun-
dry other such dregs of barbarism and rebellion, which by a
number of politic statutes of Ireland, meet to be put in execution,
are already forbidden ; unto which such addition may be made
as the present time requireth. But the deducing of this branch
requireth a more particular notice of the state and manners
there than falls within my compass.
For Plantations and Buildings, I find 2 it strange that in the
last plot for the population of Muuster, there were limitations
how much in demesne, and how much in farm, and how much
in tenancy ; again, how many buildings should be erected, how
many Irish in mixture should be admitted, and other things fore-
seen almost to curiosity ; but no restraint, that they might not
build sparsim at their pleasure ; nor any condition that they
should make places fortified and defensible. Which omission was
a strange neglect and secureness, to my understanding. So as
for this last point of plantations and buildings, there be two con-
siderations which I hold most material ; the one for quickening,
and the other for assuring. The first is, that choice be made of
such persons for the government of towns and places, and such
undertakers be procured, as be men gracious and well beloved, and
are like to_be well followed. Wherein for Munster, it may be (be-
cause it is not res Integra, but that the former undertakers stand
interessed,) there will be some difficulty. But surely in mine
opinion, either by agreeing with them, or by over-ruling them
with a parliament in Ireland, (which in this course of a politic
proceeding infinite occasions will require speedily to be held,) it
will be meet to supply fit qualified persons of undertakers. The
other that it be not left (as heretofore) to the pleasure of the un-
dertakers and adventurers, where and how to build and plant;
but that they do it according to a prescript or formulary. For
first, the places, both maritime and inland, which ar,e fittest for
colonies or garrisons, (as well for doubt of the foreigner, as for
keeping the country in bridle,) would be found, surveyed, and re-
solved upon : and then that the patentees be tied to build in those
places only, and to fortify as shall be thought convenient. And
lastly, it followeth of course, in countries of new populations, to
invite and provoke inhabitants by ample liberties and charters.
1 laics: R. J doe find: B.
E 2
52 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
3.
"What might have been done in this matter if Elizabeth had lived,
it is vain to inquire. She lived only to see the first part of the work
accomplished the rebellion effectually subdued.
As yet indeed she showed no sign of decaying powers, and it was
only the number of her days that warned her councillors to prepare
for a successor. On the 7th of September, 1602, she completed her
sixty-ninth year ; yet her administration was never more active,
vigorous, and prosperous ; nor ever more her own. Reinforcements
were despatched to the army in Ireland in sufficient numbers and
with sufficient speed to complete the pursuit and defeat of the scat-
tered rebels. A naval force was fitted out to keep the Spanish navy
in employment or in check, and so cut off all hope of further assis-
tance from that quarter. And besides active negociations carried on
through her ambassador with Henry IV. to secure common action iu
the immediate exigencies, she was in secret personal correspondence
with him about his great design for the settlement of Europe, an
enterprise in which he and his great minister were still reckoning
upon her individual co-operation as a condition almost indispensable. 1
The year was a year of plenty. Her health continued good. Every
packet brought news of some head of rebellion coming in. And at
last Tyrone himself, finding all overtures of conditional submission
summarily rejected, offered " without standing upon any terms or
conditions, both simply and absolutely to submit himself to her Ma-
jesty's mercy." 2
This offer was contained in a letter to Montjoy, dated 22nd De-
cember, 1602. 3 But though, to save appearances, and to give the
overture a chance of being entertained, it was made nominally uncon-
ditional, it was not to be expected that Tyrone would really give him-
self up without some assurance of life and liberty ; and the question
which Montjoy seems to have referred to the Queen was what
assurance he might give. It has been said that her dealing with
this question betrayed the infirmity of age ; and it is true that she
did not go exactly at the pace her councillors desired. In that, how-
ever, it cannot be said that she was unlike herself: and to me it
seems that she was never more like herself than in the management
of the whole matter. For as the time which passed before Montjoy
received his answer represents the strength of her reluctance to
1 " We considered the death of the King of Spain as the most favourable event
that could happen to our design ; but it received so violent a shock by the death
of Elizabeth as had like to have made us abandon all our hopes." Sully's Me-
moirs.
2 Goodman's History of his own times : t edited by Brewer, ii. 42. 3 Ib. p. 41.
1602.] SUBMISSION OF TYRONE. 53
make any conditions with such an offender, a reluctance which she
would have felt at any time of her life, so the answer which he re-
ceived at last represents the victory of good sense and policy over
personal inclination, in which such struggles always ended. The
exact date at which she received Tyrone's offer of submission, I have
not been able to ascertain ; but, as it had to go round by Galway, 1
it would reach her probably about the middle of January. On the
2nd of March Montjoy received a packet containing three letters :
two from herself, dated respectively the 16th and 17th of February, and
one from Cecil dated the 18th ; the effect of which, taken all together,
was this. As au inducement to Tyrone to come in, he might in the first
instance promise him his life, and " such other conditions as should
be honourable and reasonable for the Queen to grant him." If that
were not enough, he might promise him his liberty likewise liberty
to " come and go safe, though in other things they did not agree."
When he came, he might pass him a pardon upon certain specified
conditions, of which it is enough to say here that they were similar
in all the main points to those which had been required in March,
1597-8 : for which see Vol. II. p. 97. Upon these conditions, if they
could be got. Jf, however, he could not be brought to accept them
all, then, " rather than send him back unpardoned to be a head still
of rebellion," Moutjoy was to use his discretion, and get such " other
reasonable conditions " as he could. 2
Whatever may have been the anxiety of her councillors, the event
proved that the commission was both ample enough and speedy
enough for the occasion. For Montjoy, following her own example,
showed himself in no hurry, but waited for another petition from
Tyrone ; who as late as the 20th of March, which was nearly three
weeks after the letters from England had arrived, wrote once more
to remind him that he was still without answer, and to press urgently
for an interview. By the time this petition reached him however
(which was on the 23rd), he had heard that the Queen was dan-
gerously ill : and seeing the importance of getting the business con-
cluded before the prospect of a new reign or a disputed succession
should beget new hopes, he seized the occasion at once and changed
his pace. On the 24th he commissioned two gentlemen to confer
with Tyrone, and sent out at the same time the necessary letters of
protection : on the 27th, received news that he had consented to
come : the next day, having just heard (privately and not officially)
i Goodman's History of his Own Times : edited by Brewer, ii. p. 54.
- See the original letters, as printed by Brewer from the Tanner MSS. Good-
man, ii. pp. 41-53. They are not given by Moryson, though referred to more
than once in Montjuy's letters, in terms which imply that they contained his final
instructions in the matter. See Itinerary, part ii. book 3, eh. 2.
54 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
that the Queen was dead, wrote to hasten him keeping his intelli-
gence in the mean time secret : on the 30th, gave him audience in a
style as stately and imperial as Elizabeth herself could have desired :
on the 31st, received his written submission upon the conditions pre-
scribed ; thereupon promised him in the Queen's name pardon, with
restoration of title and (with some exception) of lands, etc. : on the
4th of April, brought him to Dublin : on the 5th, received official
news of the Queen's death ; and on the 6th caused him to make a
new submission in the same form to the new King. So that the last
act of Elizabeth's administration was as successful as any, and nothing
lost by the delay.
She died on the 24th of March, after an illness of about three
weeks ; and as her complaint did not take any acute form, or an-
swer to any name more definite than " melancholy," the discoursers
of the time busied themselves in inventing causes to account for it.
Half a dozen possible or probable causes of mental mortification were
easily assigned, out which those who think that the death of a
woman in her seventieth year requires any extraordinary explanation
may take their choice. But the fact is that she had removed from
London to Kichmond on the 21st of January in very foul and wet
weather, which was suddenly followed by a very severe frost -, 1 and
if we suppose that she then caught a bad cold, which attacked some
vital, organ ; and that, (like most people of strong minds in strong
bodies, unused to illness,) she was at once impatient of the sensa-
tion of weakness, unwilling to have it seen, distrustful of remedies,
intolerant of expostulation, and secretly apprehensive of the worst,
we shall need no other explanation of all the incidents of her illness
which rest upon good evidence. " No doubt " (says Chamberlain)
" but you shall hear her Majesty's sickness and manner of death
diversely related : for even here the Papists do tell strange stories,
as utterly void of truth as of all civil honesty or humanity. I had
good means to understand how the world went, and find her disease
to be nothing but a settled and unremoveable melancholy, inso-
much that she could not be won or persuaded neither by the coun-
sel, divines, physicians, nor the women about her, once to taste or
touch any physic ; though ten or twelve physicians that were con-
tinually about her did assure her with all manner of asseverations of
perfect and easy recovery if she would follow their advice. . . . Here
was some whispering that her brain was somewhat distempered, but
there was no such matter ; only she held an obstinate silence for the
most part, and because she had a persuasion that if she once lay
down she should never rise, could not be gotten to bed in a whole
1 Chamberlain to Carleton, 27" Jan. 1602-3 : p. 174.
1602-3.] DKATH OF ELIZABETH. 55
week till three days before her death : so that after three weeks'
languishing, she departed the 24th of this present," etc. 1
" I dined with Dr. Parry in the Privy Chamber," writes Manning-
ham in his diary, on the 23rd of March, "and understood by him, the
Bishop of Chichester, the Dean of Canterbury, the Dean of Windsor,
etc., that her Majesty hath been by fits troubled with melancholy
some three or four mouths, but for this fortnight extreme oppressed
with it ; insomuch that she refused to eat anything, to receive any
physic, or admit any rest in bed, till within these two or three days.
She hath been in a manner speechless for two days. Very pensive
and silent since Shrovetide : 2 sitting sometimes with her eye fixed
on one object many hours together. Yet she always had her perfect
senses and memory, and yesterday signified by the lifting up of her
hands to heaven (a sign which Dr. Parry entreated of her) that she
believed that faith which she hath caused to be professed, and looked
faithfully to be saved by Christ's merits and mercy only, and no
other means. She took great delight in hearing prayers, would often
at the name of Jesus lift up her hands and eyes to Heaven : she
would not hear the Archbishop speak of hope of her longer life, but
when he prayed or spake of Heaven or those joys, she would hug his
hand. It seems she might have lived if she would have used means ;
but she would not be persuaded, and princes must not be forced.
Her physicians said she had a body of firm and perfect constitution
likely to have lived many years." 3
The next day he adds that about three o'clock in the morning she
" departed this life mildly, like a lamb : easily like a ripe apple from
the tree : cum leni quadam febre, absque gemitu."
The consciousness or apprehension that she was no longer mistress
of her own powers is quite enough to account for the melancholy
which oppressed her. It is easy to believe that, whatever her phy-
sicians might say, she felt her faculties failing, and did not choose to
outlive them.
4.
As a matter of policy, there was perhaps no part of Elizabeth's
proceedings more questionable from first to last, in the judgment of
her best councillors, than her refusal to let the question of succession
be settled, or even discussed. Yet here again, if the event be accepted
as judge, it is hard to say that she was wrong. Her own authority
endured to the last without diminution, and her successor took her
place at once, without contention or disturbance.
1 30 March, 1603. Dom. James I., vol. i. no. 6.
2 Shrove Tuesday fell on the 5th of March in 1602-3.
3 Hurl. MSS. 5353, fo. 111.
56 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
"The Proclamation," writes Manningham, ou the night of the
24th, " was heard with great expectation and silent joy : no great
shouting: I think the sorrow for her Majesty's departure was so
deep in many hearts that they could not so suddenly show any great
joy ; though it could not be less than exceeding great for the suc-
cession of so worthy a King. And at night they showed it by bon-
fires and ringing. No tumult; no contradiction; no disorders in
the city : every man went about his business as readily, as peaceably,
as securely, as though there had been no change, nor any news ever
heard of competitors." 1
Nor did this outward calm in any respect belie the fact. And yet
to statesmen the crisis was not the less an anxious one, for public as
well as private reasons. The danger of a competition for the Crown
was indeed past; and the sensation is described by Bacon as like
that of waking from a fearful dream. 2 But the very absence of com-
petition implied the existence of expectations or hopes in different
parties, whose interests being opposite their hopes could not all be
fulfilled. No policy could prevent the growth of discontents, but
whether they should grow to be dangerous would depend upon the
position which the new King took up aaiong the contending parties
and conflicting interests.
"With such questions Bacon was familiar, and he could not but feel
that he had matter in him which would be of service. His profes-
sional ambition had always aspired to employment in the business of
the state, and his chances of personal success in life and of recovery
from the embarrassments with which he had been so long struggling,
and from which he was not yet free, lay all in that direction. On all
accounts, therefore, it was a prime object with him to obtain the
favourable regard of the now King; and he lost no time in using
such opportunities as he had. The most important person in Eng-
land was his cousin Sir Robert Cecil ; and next to him perhaps (at
that time) the Earl of Northumberland, who had been engaged for
some years, together with Cecil and Lord Henry Howard, in a secret
and confidential correspondence with James ; and had within the last
few days been invited by the Council to assist them : 3 and who,
being besides a man of letters and learning, was qualified to appre-
ciate Bacon's value and sympathize with his tastes in that depart-
ment also. He was acquainted likewise, more or less, with several
persons about the Scotch Court, who had been in correspondence
with his brother in the service of the Earl of Essex, and were likelv
1 Harl. MSS. 5353, fo. 111.
2 Beginning of a History of Great Britain Works, VI. 277.
3 Corresp. of K. James with Cecil and others (Camd. Soc.), p. 73.
1602-3.] COMMENDATION OF SERVICE TO THE KING. 57
on that account to be regarded with favour. To all these, knowing
that a man may be forgotten merely for want of a reminder, he now
addressed himself, directly or indirectly, as seemed most becoming
or most discreet in each case, in what style and taste the following
letters (all belonging to this occasion, and written nearly at the same
time, though the precise order cannot be determined) will sufficiently
show.
As his best chance with Cecil, whose professions of friendship,
though outwardly very frank and affectionate, did not necessarily re-
present any great zeal for hia advancement, he resorted to his con-
stant friend Hickes ; who had been secretary to Burghley, and seems
now to have been serving his son in the same capacity, and to have
been a great favourite with him. 1
To MR. MICHAEL HicKs. 2
Mr. Hickes,
The apprehension of this threatened judgment of God,
percittiam pastorem et dispergentur oves gregis, if it work in other
as it worketh in me, knitteth every man's heart more unto his
true and approved friend. Which is the cause why I now write
to you, signifying that I would be glad of the comfort of your
society and familiar conference as occasion serveth. And withal,
though we card-holders have nothing to do but to keep close our
cards and to do as we are bidden, yet as I ever used your mean
to cherish the truth of my inclination towards Mr. Secretary, so
now again I pray as you find time let him know that he is the per-
sonage in this state which I love most : which containeth all that
I can do, and expresseth all which I will say at this time. And
this as you may easily judge proceecleth not out of any straits of
my occasions, as mought be thought in times past, but merely out
of the largeness and fullness of my affections. And so for this
time I commend me to you, from my chamber at Gray's Inn
this 19th of March, 160.2.
Your assured friend,
FK. BACON.
To the Earl of Northumberland he addressed himself directly, and
apparently about the same time. The letter (which had previously
1 See Lansd. MSS. 88, passim.
2 Lansd. MSS. 88, p. 107. Original: own hand. Addressed "To my very
good frend, Mr. Mich, ilicks, at his howse in the Strond."
58 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
appeared in the ' Remains ' as addressed to the Earl of Northampton
an easy though a very considerable mistake) comes from his own
collection, and was printed by Rawley in the ' Eesuscitatio.' As in
other similar cases, I take the text from the manuscript copy in the
British Museum.
A LETTER OF RECOMMENDATION OF HIS SERVICE TO THE EARL
OF NORTHUMBERLAND, A FEW DAYS BEFORE QUEEN ELIZA-
BETH'S DEATH. 1
It may please your good Lordship,
As the time of sowing of a seed is known, but the time of
coming up and disclosing is casual, or according to the season ;
so I am a witness to myself, that there hath been covered in my
mind, a long time, a seed of affection and zeal towards your Lord-
ship, sown by the estimation of your virtues, and your particu-
lar honours and favours to my brother deceased, and to myself;
which seed still springing, now bursteth forth into this profes-
sion. And to be plain with your Lordship, it is very true, (and no
winds or noises of civil matters can blow this out of my head
or heart,) that your great capacity and love towards studies and
contemplations of an higher and worthier nature than popular
(a nature rare in this world, and in a person of your Lordship's
quality almost singular,) is to me a great and chief motive to
draw my affection and admiration towards you. And therefore,
good my Lord, if I may be of any use to your Lordship, by my
head, tongue, pen, means, or friends, I humbly pray you to hold
me your own ; and herewithal, not to do so much disadvantage
to my good mind, nor partly to your own worth, as to conceive
that this commendation of my humble service proceedeth out
of any straits of my occasions, but merely out of an election,
and indeed the fulness of my heart. And so wishing your Lord-
ship all prosperity, I continue, etc.
These letters were written while the Queen was still living, but with-
out hope of recovery. Upon her death his first step was to recommend
himself to those of his acquaintance in the Scotch 'Court who were
most likely to be employed in English affairs. One of these was Mr.
David Foulis, who had been used by James in his negotiations with
England during the ten years preceding, had served as resident am-
bassador in London from 1594 to 1596, and had been on terms of
1 Add. MSS. 5503, fo. 19.
1603.] LETTERS TO GENTLEMEN OF THE SCOTCH COURT. 59
great friendship and confidence with Anthony Bacon. 1 Another
was Mr. Edward Bruce, Abbot of Kinloss, who had been twice sent
to England on particular embassies, first in April, 1594, and again
(with the Earl of Mar) in 1600-1 : the embassy out of which grew
the secret correspondence between the King and Cecil. 2
Messengers were of course despatched as soon as possible from the
Council to the King, and by one of these Bacon sent to Mr. Foulis
the following letter, which comes from his own register-book.
A LETTER TO MR. DAVID FOULES, IN SCOTLAND, UPON THE
ENTRANCE OF HIS MAJESTY'S REIGN. 8
Sir,
The occasion awaketh in me the remembrance of the constant
and mutual good offices which passed between my good brother
and yourself; whereunto (as you know) I was not altogether a
stranger; though the time and design (as between brethren)
made me more reserved. But well do I bear in mind the great
opinion which my brother (whose judgment I much reverence)
would often express to me, of the extraordinary sufficiency, dex-
terity, and temper, which he had found in you, in the business
and service of the King onr sovereign lord. This latter bred in
me an election, as the former gave an inducement for me, to
address myself to you, and to make this signification of my de-
sire towards a mutual entertainment of good affection and cor-
respondence between us : hoping that both some good effect may
result of it towards the King's service ; and that for our particu-
lars, though occasion give you the precedence of furthering my
being known by good note unto the king, so no long time will
intercede before I on my part shall have some means given to
requite your favours, and to verify your commendation. And so
with my loving commendations, good Mr. Foules, I leave you to
God's goodness. From Gray's Inn, this 25th of March.
The same day he wrote a letter of like import to Bruce, though it
seems doubtful whether it was sent. For it is not given by Dr.
Uuwley in the ' Eesuscitatio,' either among the letters taken from
'Bacon's own register-book or in the supplementary collection : nor is
it to be found in the manuscript volume now in the British Museum,
1 Birch, Mem. of Eliz. i. pp. 162, 178, 496, etc. ; ii. p. 44.
" Ib. i. p. 175 ; ii. p. 509. 3 Add. MSS. 5503, fo. 20 b. ' Resuscitatio,' p. 21.
60 LETTERS AND LIFE OF FKAKC1S BACON. [CHAP. II.
which I take to be a contemporary copy of the register-book itself,
It was certainly delayed (as appears by a postscript which has been
added and then crossed out) in order that it might be accompanied
by a letter to the King ; and it may be that it was stopped altoge-
ther by news that Bruce was already on his way to London ; for the
despatch from the Lords of the Council was anticipated by Sir Ro-
bert Gary, who saw James on the night of the 26th, and informed
him that the Queen was d?,ad : upon which both Bruce and Foulis
were immediately despatched to London, and appear to have set out
before the official messenger arrived.
The letter, however, whether sent or not, is undoubtedly genuine ;
for there is a copy (or draft to dictation) among the Lambeth papers,
written in the hand of one of Bacon's men, with additions in his own.
And from this copy I take it.
To EDWARD BRUCE, ABBOT OF KiNLoss. 1
My Lord,
The present occasion awaketh in me a remembrance of tbe
constant amity and mutual good offices, which passed between my
good brother deceased and your Lordship, \\hereunto I was less
strange than in respect of the time I had reason to pretend ; and
withal I call to mind the great opinion which my brother (who
seldom failed in judgment of persons) would often express to me
of your Lordship's great wisdom and soundness both in head and
heart towards the service and affairs of the King our sovereign
lord. The one of these hath bred in me an election, and the
other a confidence to address my goodwill and sincere affection
to your Lordship ; not doubting, in regard that my course of life
hath wrought me not to be altogether unseen in the matters of
this kingdom, that I may be of some use both in points of ser-
vice to the King and in your Lordship's particular. And on the
other side I will not omit humbly to desire your Lordship's favour,
in furdering a good conceit and impression of my most humble
duty and true zeal towards the King ; to whose majesty words
cannot make me known, neither mine own nor others : but time
will, to no disadvantage of any that shall forerun his Majesty's
experience, by their humanity and commendation. And so I
commend your good Lordship to God's preservation. From
Gray's-Inn, this xxv th of March, 1603. To do your L. humble
service.
1 Lambeth MSS. 976, fo. 3. Addressed in Bacon's own hand "To his hoii ble -
good L. Mr. Breuze, L. of Kynlosse, be these delivered."
1603.] LETTERS TO GENTLEMEN OF THE SCOTCH COURT. 61
So the letter stood originally ; but at the end the following post-
script is added, T think in Bacon's own hand.
Since my writing of this letter I have taken courage to make
oblation of my most humble service by letter unto his Majesty ;
whereof I send your Lordship a copy, and shall esteem it an ex-
ceeding courtesy if you will take some speedy and good oppor-
tunity to present it to his royal hands : which if your L. shall
vouchsafe to undertake, I have desired this gentleman, Mr. Mat-
thew, eldest son to my L. B. of Durham, to deliver the same unto
your L. desiring your L. furder for my sake to show him what
courtesies his occasions shall require : which 1 assure your L.
shall be towards a very worthy and rare young gentleman.
. The letter to Foulis had gone by Mr. Lake, who was despatched
from the Council on the 27th. This, at the time when the postscript
was written, was evidently intended to be carried and presented by
Toby Matthew, 1 a private friend of Bacon's own the same who
acted the Squire in Essex's 'Device' on the Queen's day in 1595, 2
and a man for whom Bacon retained a great personal affection,
through much variety of fortune on both sides, to the end of his life.
Upon further thoughts however, or further news, he appears to have
changed his mind again ; for he struck out the postscript, and trans-
ferred it, along with the commission which it carried, to another letter
addressed to another man ; as we shall presently see.
Matthew set out on the 28th or 29th of March, charged with a
letter from Bacon to the King, and another to Sir Thomas Challoner
(enclosing a copy or duplicate of it) to serve by way of introduction :
his commission being to get it delivered in the handsomest way that
offered. Sir Thomas Challoner, an accomplished scholar, and a stu-
dent in natural history and chemistry, 3 had been employed in Italy as
an intelligencer in the service of the Earl of Essex, upon Anthony
Bacon's recommendation, who kept up a continual correspondence
with him, 4 and whom he " acknowledged to be the first author of
manifesting his firm zeal to his Lordship's service." When his ac-
quaintance with Francis began, I do not know : but on the 27th of
October, 1596, when he was on the point of departure to Italy, I
find him begging Anthony " most heartily to salute his brother "
for him. 5 How the business prospered, I cannot say : but the letters
1 In Sir Toby Matthew's collection of letters, edited by Dr. Donne, the name
is printed Matthews. But as Bacon always writes it Matthew, I shall keep
that form.
2 Vol. I. p. 375. 3 Lodge, iii. p. 59, note.
4 Birch, ii. pp. 150, 182, 226, 270, 304. b Lambeth MSS. 959, fo. 222.
62 LETTERS AND LIFE OF FRANCIS BACON. [CEAP. IE.
themselves are preserved in Bacon's own collection, and with the
headings, which I suppose to have been inserted by himself or copied
from his dockets, may be left to tell their own story.
Of the letter to the King we have three copies, independent
of each other and slightly differing : one in the Register-book, one
in Sir Toby Matthew's collection, and one in the ' Kemains.' Sir
Toby Matthew's copies I do not hold very high as authorities for the
exact text : for I suspect that he used the privilege of an editor
rather freely in omitting or disguising personal allusions, and occa-
sionally in mending the style by the alteration of a word or two.
The copies in the ' Kemains ' are full of mere blunders : but in some
cases, as in this, they appear to have been taken from the original
letter, while those in the Register were taken from the rough draft.
I have therefore in this instance formed my text from the ' Remains ;'
correcting obvious misprints from the Register, and giving the other
differences in foot-notes.
Av OFFER OF SERVICE TO HIS MAJESTY K. JAMES UPON HIS
FIRST COMING IN. 1
It may please your most excellent Majesty,
It is observed upon a place in the Canticles by some. Ego
sum flos campi et lilium convallium, that, a dispart, it is not said,
Ego sum flos horti, et lilium montium ; because the majesty of
that person is not inclosed for a few, nor appropriate to the great.
And yet notwithstanding, this royal virtue of access, which na-
ture and judgment have planted in your Majesty's .mind as the
portal of all the rest, could not of itself (my imperfections con-
sidered) have animated me to make oblation of myself imme-
diately to your Majesty, had it not been joined with an habit of
like liberty, which I enjoyed with my late dear Sovereign Mis-
tress ; a Prince happy in all things, but most happy in such a
successor. And yet further and more nearly, I was not a little
encouraged, not only upon a supposal that unto your Majesty's
sacred ears (open to the air of all virtues) there might perhaps
have come some small breath 2 of the good memory of my father,
so long a principal counsellor in this your kingdom ; but also by
the particular knowledge of the infinite devotion and incessant
endeavours (beyond the strength of his body, and the nature of
the times) which appeared in my good brother towards your
1 Remains, p. 55. Add. MSS. 5503, fo. 19, b. 2 some knowledge .- A.
1G03.] I.KTTER TO THE 'KING. G3
Majesty's service ; and were on your Majesty's part, through
your singular benignity, by many most gracious and lively sig-
nifications and favours accepted anjd acknowledged, 1 beyond the
merit of anything he could effect. All which endeavours and du-
ties for the most part were common to myself with him, though
by design (as between brethren) dissembled. And therefore, most
high and mighty King, my most dear and dread sovereign lord,
since now the corner-stone is laid of the mightiest monarchy in
Europe; and that God above, who is noted to have 2 a mighty
hand in bridling the floods and fluctuations 3 of the seas and of
people's hearts, hath by the miraculous and universal consent (the
more strange because it proceedeth from such diversity of causes 4 )
in your coming in, given a sign and token what he intendeth in
the continuance ; 5 I think there is no subject of your Majesty's,
who loveth this island, and is not hollow and unworthy, whose
heart is not set on fire, not only to bring you peace-offerings to
make you propitious, but to sacrifice himself a burnt-offering 6
to your Majesty's service : amongst which number no man's
fire shall be more pure and fervent than mine. But how far
forth it shall blaze out, that resteth in your Majesty's employ-
ment. For since your fortune in the greatness thereof hath for
time debarred your Majesty of the princely 7 virtue which one
calleth the principal "Principis est virtus maxima nosse suos"
because your Majesty hath many of yours which are unknown
to you, I must leave all to the trial of further time, and so
thirsting after the happiness of kissing your royal hand, con-
tinue ever, etc.
A LETTER COMMENDING HIS LOVE AND SERVICES TO SIR THOMAS
CHALLONER, THEN IN SCOTLAND, UPON HIS MAJESTY'S ENTRANCE.*
Sir,
For our money matters, I am assured you conceived no in-
satisfaction ; for you know my mind, and you know my means ;
which now the openness of the time, caused by this blessed con-
1 Birch, Mem. of Eliz. i. 181. 2 who hath ever hand : A. 3 motions: A.
4 For an exposition of these various causes, see the Beginning of a History of
Great Britain, Works, VI. 277.
5 of great happiness in the continuance of your reign : A. 6 or holocaust : A.
'fruitfy in the ' Remains.' This whole sentence from for since to time is
omitted in A ; which has only, so, thirsting, etc.
8 Add. MSS. 5503, fo. 21.
64 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. II.
sent and peace, will increase ; and so our agreement according
to our time be observed.
For the present, according to the Roman adage (that one
cluster of grapes ripeneth best besides another,) I know you
hold me not unworthy whose mutual friendship you should che-
rish ; and I for my part conceive and hope that you are likely
to become an acceptable servant to the King our Master, not
so much for any way made heretofore (which in my judgment
will make no great difference 1 ) as for the stuff and sufficiency
which I know to be in you, and whereof I know his Majesty
may reap great service. And therefore my general request is,
that according to that industrious vivacity which you use towards
your friends, you will further his Majesty's good conceit and in-
clination towards me; to whom words cannot make me known,
neither my own nor others, but time will ; to no disadvantage of
any that shall fore-run his Majesty's experience by their testi-
mony and commendation. And though occasion give you the
precedence of doing me this special good office, yet I hope no
long time will intercede before I shall have some means to
requite your favour and acquit your report. More particularly,
having thought good to make oblation of my most humble ser-
vice to his Majesty by a few lines, I do desire your loving care
and help, by yourself or such means as I refer to your discretion,
to deliver and present the same to his Majesty's hands; of
which letter I send you a copy, that you may know what you
carry, and may take of Mr. Matthew the letter itself, if you be
pleased to undertake the delivery. Lastly, I do commend to
yourself, and such your courtesies as occasion may require, this
gentleman Mr. Matthew, eldest son to my Lord Bishop of Du-
resme, and my very good friend, assuring you that any cour-
tesy you shall use towards him, you shall use to a very worthy
young gentleman, and one, I know, whose acquaintance you will
much esteem. And so I ever continue.
A LETTER TO MR. FOULES, 28 th OF MARCH 1603. 2
Mr. Foules,
I did write unto you yesterday by Mr. Lake (who was dis-
patched hence from their Lordships) a letter of reviver of those
1 Meaning, I suppose, that his having been engaged in Essex's service would
not give him any special advantage over others.
8 Add. MSS. 5503, fo. 22, b.
1603.] LETTER TO JOHN DAVIES. 65
sparks of former acquaintance between us in my brother's time ;
and no\v upon the same confidence, finding so fit a messenger, I
would not fail to salute you ; hoping it will fall out so happily
as that you shall be one of the King's servants which his Majesty
will first employ here with us; where I hope to have some means
not to be barren in friendship towards you. We all thirst after
the King's coming, accounting all this but as the dawning of
the day before the rising of the sun, till we have his presence.
And though now his Majesty must be Janus bifrons, to have a
face to Scotland as well as to England, yet quod nunc instat
agendum. The expectation is here that he will come in state,
and not in strength. So for this time I commend you to God's
goodness.
A LETTER TO MR. DAVYS, THEN GONE TO THE KING, AT HIS
FIRST ENTRANCE, MARCH 28, 1603. 1
Mr. Davis,
Though you went on the sudden, yet you could not go be-
fore you had spoken with yourself to the purpose which I will
now write. And therefore I know it shall be altogether need-
less, save that I meant to show you that I am not asleep. Briefly,
I commend myself to your love and to the well using of my name,
as well in repressing and answering for me, if there be any biting
or nibbling at it in that place, as in impressing a good conceit
and opinion of me, chiefly in the King (of whose favour I make my-
self comfortable assurance), as otherwise in that court. And not
only so, but generally to perform to me all the good offices which
the vivacity of your wit can suggest to your mind to be per-
formed to one, in whose affection you have so great sympathy,
and in whose fortune you have so great interest. So desiring
you to be good to concealed poets, I continue
Your very assured,
Gray's Inn, this FR. BACON.
28th of March, 1603.
1 Lambeth MSS. 976, fo. 4. The original letter apparently : for the seal re-
mains. The signature is Bacon's own, and the docket is in his hand : the body
of the letter in the hand of one of his men. There is a copy of it in the Register
book, with two or three slight verbal differences, and without the date. Mr.
])avis was no doubt John Davies, the poet, author of ' Nosce Teipsuin :' and
afterwards Attorney-General for Ireland. The allusion to " concealed [:oets " I
cannot explain. But as Bacon occasionally wrote letters and devices, which werd
to be fathered by Essex, he may have written verses for a similar purpose, and
Davis may have been in the secret.
VOL. 111. F
66 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
Another acquaintance of Bacon's in the Scotch Court was Dr.
Morison, who had been in confidential correspondence with the Earl
of Essex in his loyal days, and supplied him with a great deal of
valuable intelligence. He wrote in French under a cipher, and all
the correspondence passed through Anthony Bacon's hands, who
generally sent it to his brother on its way to the Earl. To him
Bacon now sent a letter to refresh the old acquaintance. But I find no
better copy of it than one in the ' Eemaius,' where it was first printed.
It is a genuine letter, I have no doubt, though not a correct copy.
A LETTER TO DOCTOR MORRISON, A SCOTTISH PHYSICIAN,
UPON HIS MAJESTY'S COMING IN. 1
Mr. Doctor Morrison,
I have thought good by this my letter to renew the 2 ancient
acquaintance which hath passed between us, signifying my good
mind to you, to perform to you any good office for your parti-
cular, and my expectation and firm 3 assurance of 4 the like on your
part towards me : wherein I confess you may have the start of
me, because occasion hath given you the precedency in investing
you with opportunity to use my name well, and by your loving
testimony to further a good opinion of me in his Majesty, and
the court.
But I hope my experience of matters here will, with the light
of his Majesty's favour, enable me speedily both to requite your
kindness, and to acquit and make good your testimony and re-
port. So not doubting to see you here with xhis Majesty, con-
sidering that it belongeth to your art to feel pulses, and I assure
you Galen doth not set down greater variety of pulses than do
vent here in men's hearts, I wish you all prosperity, and remain
Yours, etc.
From my chamber at Gray's Inn, etc.
Having despatched these personal matters, his next care was to
consider what help he could give in smoothing the King's path to
the hearts of the people. To touch the right vein at first was a
matter by no means easy for a stranger, and a rub the wrong way
might do much mischief. Addressing himself therefore to the Earl of
Northumberland, by whom his recent offer of service seems to have
been favourably entertained, he sent him a draft of a Proclamation, such
as he thought fit for the time ; and which, being an entirely volun-
1 Remains, p. 63. 2 this my, in orig. 3 and a firm, in orig. 4 on, in orig.
1603.] DRAFT OP PROPOSED PROCLAMATION. 67
tary performance of his own suggestion, may be taken as embodying
the advice which he would have given to the King at this conjunc-
ture, if he had been in a position to advise. It is taken from a copy
preserved and corrected by himself, and shows, among other things,
that if depreciation of Elizabeth was really the fashion at Court
during the first few months of James's reign a fact which I find it
hard to believe, though resting on the respectable evidence of Sully
it was a mistake for which Bacon, at any rate, was not responsible ;
and its drift and purpose are sufficiently explained in the letter
which accompanied it.
A LETTER TO MY LORD OF NORTHUMBERLAND MENTIONING A
PROCLAMATION DRAWN FOR THE KING AT HIS ENTRANCE. 1
It may please your Lordship,
I do hold it a thing formal and necessary for the King to
forerun his coming (be it never so speedy) with some gracious
declaration, for the cherishing, entertaining, and preparing of
men's affections. For which purpose I have conceived a draught,
it being a thing familiar in my Mistress' times to have my pen
used in public writings of satisfaction. The use of this may
be in two sorts : first properly, if your Lordship think convenient
to shew the King any such draught ; because the veins and pulses
of this state cannot be but best known here ; which if your
Lordship should do, then I would desire you to withdraw my
name, and only signify that you gave some heads of direction of
such a matter to one of whose style and pen you had some opi-
nion. The other collateral; that though your Lordship make
no other use of it, yet it is a kind of portraiture of that which I
think worthy to be advised by your Lordship to the King, 2 and
perhaps more compendious and significant than if I had set them
down in articles. I would have attended your Lordship but for
some little physic I took. To-morrow morning I will wait on
you. So I ever, etc.
A PROCLAMATION DRAWN TOR HIS MAJESTY'S FIRST COMING IN,
PREPARED BUT NOT USED. 3
Having great cause at this time to be moved with diversity of
affections, we do in first place condole with all our loving subjects
1 Add. MSS. 5503, p. 23. 'Remains,' p. 62.
2 The copy in the ' Remains ' adds, " to express himself according to those
points which are therein conceived."
3 Harl. MSS. 6797, fo. 13. Copy, with some corrections in Bacon's hand.
First printed in Stephens' s second collection, A.D. 1734, p. 301.
F 2
68 LETTEES AND LIFE OF FRANCIS BACON. [CHAP. II.
of England for the loss of their so virtuous and excellent Queen ;
being a prince that we always found a dear sister, yea a mother
to ourself, in many her actions and advices ; a prince whom we
hold and behold as an excellent pattern and example to imitate
in many her royal virtues and parts of government; and a prince
whose days we could have wished to have been prolonged ; we
reporting ourselves not only to the testimony of our royal heart,
but to the judgment of all the world, whether there ever ap-
peared in us any ambitious or impatient desire to prevent God's
appointed time. Neither are we so partial to our own honour,
but that we do in great part ascribe this our most peaceable and
quiet entrance and coming to these our crowns, next under the
blessing of Almighty God and our undoubted right, to the fruit
of her Majesty's peaceable and quiet government, accustoming
the people to all loyalty and obedience. As for that which con-
cerneth ourselves, we would have all our loving subjects know
that we do not take so much gladness and contentment in the
devolving of these kingdoms unto our royal person, for any
addition or increase of glory, power, or riches, as in this that it
is so manifest an evidence unto us (especially the manner of it
considered) that we stand (though unworthy) in God's favour,
who hath put more means into our hands to reward our friends
and servants, and to pardon and obliterate injuries, and to
comfort and relieve the hearts and estates of our people and
loving subjects, and chiefly to advance the holy religion and
church of Almighty God, and to deserve well of the Christian
commonwealth.
And more especially we cannot but gratulate and rejoice in
this one point, that it hath pleased God to make us the in-
strument and as it were the corner-stone, to unite these two
mighty and warlike nations of England and Scotland into one
kingdom. For although these two nations are situate upon the
continent of one island, and are undivided either by seas or
mountains, or by diversity of language ; and although our neigh-
bour kingdoms of Spain and France have already had the hap-
piness to be re-united in the several members of those king-
doms formerly disjoined ; yet in this island it appeareth not
in the records of any true history, no nor scarcely in the conceit
of any fabulous narration or tradition, that this whole island of
Great Brittany was ever united under one sovereign prince before
1603.] DRAFT OF PROPOSED PROCLAMATION. 69
this day : which as we cannot but take as a singular honour
and favour of God unto ourselves ; so we may conceive good
hope that the kingdoms of Christendom standing distributed
and counterpoised as by this last union they now are, it will
be a foundation of the universal peace of all Christian princes,
and that now the strife that shall remain between them shall
be but an emulation who shall govern best and most to the weal
and good of his people.
Another great cause of our just rejoicing is the assured hope
that we conceive, that whereas our kingdom of Ireland hath
been so long time torn and afflicted with the miseries of wars,
the making and prosecuting of which wars hath cost such an
infinite deal of blood and treasure of our realm of England to
be spilt and consumed thereupon ; we shall be able through
God's favour and assistance to put a speedy and an honourable
end to those wars. And it is our princely design and full pur-
pose and resolution not only to reduce that nation from their
rebellion and revolt, but also to reclaim them from their bar-
barous manners to justice and the fear of God; and to popu-
late, plant, and make civil all the provinces in that kingdom :
which also being an action that not any of our noble progenitors
kings of England hath ever had the happiness throughly to pro-
secute and accomplish, we take so much to heart, as we are per-
suaded it is one of the chief causes for the which God hath
brought us to the imperial crown of these kingdoms.
Further, we cannot but take great comfort in the state and
correspondence which we now stand in of peace and unity with
all Christian princes, and otherwise of quietness and obedience
of our own people at home : whereby we shall not need to espouse
that our kingdom of England to any quarrel or war, but rather
have occasion to preserve them in peace and tranquillity, and
openness of trade with all foreign nations.
Lastly and principally, we cannot but take unspeakable com-
fort in the great and wonderful consent and unity, joy and ala-
crity, wherewith our loving subjects of our kingdom of England
have received and acknowledged us their natural and lawful king
and governor, according to our most clear and undoubted right,
in so quiet and settled manner, as if we had been long ago
declared and established successor, and had taken all men's
oaths and homages, greater and more perfect unity and readiness
70 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
could not have beeu. For considering with ourselves that not-
withstanding difference of religion, or any other faction, and not-
withstanding our absence so far off, and notwithstanding the
sparing and reserved communicating of one another's minds,
yet all our loving subjects met in one thought and voice, with-
out any the least disturbance or interruption, yea hesitation or
doubtfulness, or any shew thereof; -we cannot but acknowledge
it is a great work of God, who hath an immediate and extra-
ordinary direction in the disposing of kingdoms and flows of
people's hearts.
Wherefore after our most humble and devout thanks to Al-
mighty God, by whom kings reign, who hath established us
king and governor of these kingdoms, we return our hearty and
affectionate thanks unto the Lords spiritual and temporal, the
knights and gentlemen, the cities and towns, and generally unto
our Commons, and all estates and degrees of that our kingdom
of England, for their so acceptable first-fruits of their obedience
and loyalties offered and performed in our absence ; much com-
mending the great wisdom, courage, and watchfulness used by
the Peers of that our kingdom (according to the nobility of
their bloods and lineages, many of them mingled with the blood
royal, and therefore in nature affectionate to their rightful king) ;
and likewise of the counsellors of the late Queen, according to
their gravity and oath, and the spirit of their good Mistress
(now a glorious Saint in heaven), in carrying and ordering our
affairs with that fidelity, moderation, and consent, which in them
hath well appeared : and also the great readiness, concord, and
cheerfulness in the principal knights and gentlemen of several
countries, with the head officers of great cities, corporations,
and towns : and do take knowledge by name of the readiness
and good zeal of that our chiefest and most famous city, the
city of London, the chamber of that our kingdom : assuring
them that we will be unto that city, by all means of confirming
and increasing their happy and wealthy estate, not only a just
and gracious sovereign lord and king, but a special and bountiful
patron and benefactor.
And we on our part, as well in remuneration of all their loyal
and loving affections as in discharge of our princely office, do pro-
mise and assure them that as all manner of estates have concurred
and consented in their duty and zeal towards us, so it shall be
1603.] PROCEEDINGS OF THE COUNCIL. 71
our continual care and resolution to preserve and maintain every
several estate in a happy and flourishing condition, without con-
fusion or over-growing of any one to the prejudice, discontent-
ment, or discouragement of the rest : and generally in all estates
we hope God will strengthen and assist us not only to extirpate
all gross and notorious abuses and corruptions, of simonies, bri-
beries, extortions, exactions, oppressions, vexations, burdensome
payments and overcharges, and the like ; but further to extend our
princely care to the supply of the very neglects and omissions of
anything that may tend to the good of our people; so that every
place and service that is fit for the honour or good of the com-
monwealth shall be filled, and no man's virtue left idle, unem-
ployed, or unrewarded ; and every good ordinance and consti-
tution for the amendment of the estate and times be revived
and put in execution.
In the mean time, minding by God's leave (all delay set apart)
to comfort and secure our loving subjects in our kingdom of
England by our personal presence there, we require all our loving
subjects joyfully to expect the same: and yet so, as we signify
our will and pleasure to be, that all such ceremonies and prepa-
rations as shall be made and used to do us honour, or to express
gratulation, be rather comely and orderly than sumptuous and
glorious ; and for the expressing of magnificence, that it be rather
employed and bestowed upon the funeral of the late Queen, to
whose memory we are of opinion too much honour cannot be
done or performed.
The chief inconvenience which actually resulted from the want of
an acknowledged successor to the Crown was, that authority derived
from the Queen dying with her, and James being 400 miles away,
there must be an interval of at least a week during which none of the
officers of State could be formally authorized to execute his functions.
The only disorder, however, which arose from this cause, appears to
have been confined within the walls of the council-chamber itself, and
to have been kept so well within bounds that our only knowledge of
it comes from the report of a French ambassador at the time, and a
collector of gossip in the next generation. On the authority of the
French ambassador, we are told that the right of the Council to act
was formally disputed by the Earl of Northumberland, and that the
Lord Keeper offered, on behalf of himself and such of the Councillors
as were not members of the Upper House, to resign to the Lords
72 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. IT.
their seats at the head of the table.' On the authority of Aubrey,
we learn that " at a consultation at Whitehall, after Queen Eliza-
beth's death, how matters were to be ordered and what ought to be
done, Sir Walter Ralegh declared his opinion that 'twas the wisest
way for them to keep the government in their own hands, and set
up a commonwealth, and not be subject to a needy and beggarly
nation." 3 The authority is not worth much in either case; but if
anything of this kind really occurred and it does not appear that
any Englishman of the time had heard of it Ralegh's proposal could
only be meant and taken as a jest, and the Lord Keeper's offer was
of course declined. The Council continued not only to act during
the interregnum, but to act with vigour : and the King made the
interval as short as possible by immediately directing that all persons
in office at the Queen's death should so continue till his further plea-
sure were known : a direction which appears to have included every-
body concerned, except Bacon.
Bacon had for some years been employed and described as one of
the Learned Counsel ; but it was by the verbal order of the Queen :
he had never been sworn in, and had no written warrant. Not being
now mentioned by name in the King's letters, and not coming pro-
perly under the description of a person " in office at the Queen's
death," he was in effect left out. The omission however was alto-
gether accidental, and as soon as the King was informed of it was
supplied at once. 3 What, in the meantime, had become of his letter
to the King, and whether either it or the personal influence of any
of his correspondents had done him any good, we do not know. It
appears, however, from the two private and familiar letters which
come next, and though not dated must belong to the first week in
April, that he was very -well satisfied with the King's proceedings so
far.
The first is addressed to Toby Matthew, from whose own collec-
tion it comes ; and who no doubt inserted the heading, and pro-
bably suppressed the names of the persons alluded to. For his
object in making his collection was not to illustrate history or bio-
graphy, but to exhibit specimens of epistolary composition ; and he
1 Gardiner, i. 54. An English narrative, apparently official, represents the Lord
Keeper as offering, on behalf of himself and the Councillors who were not peers,
to take the lower place at the table, but says nothing of any dispute about their
authority. " But as they began to sit in council in the Privy Chamber at White-
hall, the Lord Keeper, Sir Thomas Egerton, and the rest of the Council that were
no Barons, offered to sit at the lower end of the Council table, and not above any
of the meanest nobility : but the noblemen, in respect of their former authority,
called them to the higher end of the table, and wished them to keep their plaoes."
Add. MSS. 1786, 5, b. The ambassador's story would easily grow out of this.
2 Aubrey, ii. p. 515. 3 Egerton Papers (Camd. Soc.), p. 268.
1G03.] PROCEEDINGS OF THE KING. 73
has evidently taken pains to remove names and date*, and such par-
ticulars as might serve to identify persona. In this case, however,
there is little doubt that the persons alluded to are Foulis and Bruce,
both of whom had certainly arrived in London before the 12th of
April. 1
SIR FRANCIS BACON SIGNIFYING TO A FRIEND AND SERVANT
OF HIS THE WISE PROCEEDING OF KlNG JAMES AT HIS FlRST
ENTRANCE TO THIS KINGDOM.*
Sir,
I was heartily glad to hear that you had passed so great a
part of your journey in so good health. My aim was right in
my address of letters to those persons in the court of Scotland
who are likeliest to be used for the affairs of England ; but the
pace they held was too swift ; for the men were come away be-
fore my letters could reach the*n. With the first I have renewed
acquaintance, and it was like a bill of reviver by way of cross-
suits ; for he was as ready to have begun with me. The second
did this day arrive; and took acquaintance of me instantly in
the council- chamber, and was willing to entertain me with fur-
ther demonstrations of confidence than I was willing at that
time to admit. But I have had no serious speech with him;
nor do I yet know whether any of the doubles of my letter have
been delivered to the King. It may perhaps have proved your
luck to be the first.
Things are here in good quiet. The King acts excellently
well ; for he puts in clauses of reservation to every proviso. 3
He saith, he would be sorry to have just cause to remove any.
He saith, he will displace none who hath served the Queen and
state sincerely, etc. The truth is, here be two extremes. Some
few would have no change, no not reformation. Some many
would have much change, even with perturbation. God, I
hope, will direct this wise king to hold a mean between repu-
tation enough and no terrors. In my particular I have many
comforts and assurances ; but in mine own opinion the chief is,
that the canvassing world is gone, and the deserving world is
come. And withal I find myself as one awaked out of sleep ;
1 Chamberlain to Carleton, 12 April, 1603.
2 A collection of letters made by Sir Tobie Matthews, Kt., etc. (published, with
a Dedicatory Letter by Dr. Donne, in 1660), p. 18.
3 So printed. Qu. promise?
74 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
which I have not been this long time, nor could, I think, have
been now, without such a great noise as this ; which yet is in
aura lent. I have written this to you in haste ; my end being
no more than to write, and thereby to make you know that I
will ever continue the same, and still be sure to wish you as
heartily well as to myself.
The next is from Bacon's own collection, and is addressed to bis
cousin Robert Kempe the " good Robin," I presume, with whom
we are already acquainted. 1
To MR. EGBERT KEMPE, UPON THE DEATH OF QUEEN
ELIZABETH. 2
Mr. Kempe,
This alteration is so great, as you mought justly conceive
some coldness of my affection towards you if you should hear
nothing from me, I living in this place. It is in vain to tell you
with what wonderful still and calm this wheel is turned round ;
which whether it be a remnant of her felicity that is gone, or a
fruit of his reputation that is coming, I will not determine :
but 3 I cannot but divide myself between her memory and his
name. Yet we account it but a fair morn before sunrising, be-
fore his Majesty's presence: though for my part I see not
whence any weather should arise. The Papists are contained
with fear enough, and hope too much. The French is thought
to turn his practice upon procuring some disturbance in Scot-
land, where crowns may do wonders. But this day is so wel-
come to the nation, and the time so short, as I do not fear the
effect. My lord of Southampton expecteth release by the next
dispatch, and is already much visited and much well- wished.
There is continual posting by men of good quality towards the
King; the rather, I think, because this spring time is but a kind
of sport. It is hoped that as the State here hath performed the
part of good attorneys to deliver the King quiet possession of
his kingdom, so the King will redeliver them quiet possession
of their places ; rather filling places void, than removing men
placed. So, etc.
Of Bacon's personal relations with the Earl of Southampton we
know little or nothing. The intimate connexion of both with the
i See Vol. I. pp. 261, 269. : Add. MSS. 5503, fo. 22 b. 3 For : Res.
1603.] BACON AND SOUTHAMPTON. 75
Earl of Essex must, no doubt, have brought them together ; but no
letters had passed between them that I know of, nor has any record
been preserved of any other communication. In drawing up the
" Declaration of Treasons," Bacon had mentioned his name as slightly
as it was possible to do without misrepresenting the case in one of
its most material features ; and there is some reason to believe that
he had used his private influence with the Queen after the trial, as
Cecil and Nottingham had certainly done, 1 to mitigate her displeasure.
Yet considering the circumstances under which they had last seen
each other, it was too much to expect that Southampton (who did
not know what had passed since) was prepared to regard him as a
friend ; and there were two ways in which Bacon might easily com-
mit an error. Others were visiting him with congratulations upon
his approaching liberation. It was natural that he should do the
same ; for there can be no doubt that he was really glad of it ; and
if Southampton was disposed to take a true view of the case and to
be friends, it would seem churlish and unfriendly to stand aloof.
But if, on the contrary, he saw the case with the eyes of his former
associates, and regarded Bacon as the ungrateful and ungenerous
enemy of his friend and himself, then it would seem indelicate and
unfeeling to intrude on him. He thought it best therefore to begin
with a letter, excusing his wow-attendance and explaining the reasons
of it. The letter which he wrote is preserved in his own collection
and runs thus :
A LETTER TO THE EARL OF SOUTHAMPTON, UPON THE KING'S
COMING IN. 2
It may please your Lordship,
I would have been very glad to have presented my humble
service to your Lordship by my attendance, if I could have fore-
seen that it should not have been unpleasing unto you. And
therefore, because I would commit no error, I choose to write ;
assuring your Lordship (how credible soever it may seepa to
you at first) yet it is as true as a thing that God knoweth,
that this great change hath wrought in me no other change
1 " Was it anybody else," wrote the Earl of Northumberland to James, in the
secret correspondence, speaking of Cecil, " that saved Southampton ?" Corre-
spondence, etc., Camd. Soc. p. 68. "Those that would deal for him," writes
Cecil to Sir GK Carew, " (of which number I protest to God I am one as far as I
dare) are much disadvantaged of arguments to save him."
'* For the Earl of Southampton," writes Nottingham to Montjoy, " though he
be condemned, yet I hope well for his life : for Mr. Secretary and myself use all
our wits and power for it."
: Add. MSS. 5503, fo. 23, b.
76 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. II.
towards your Lordship than this, that I may safely be now that
which I was truly before. And so craving no other pardon
than for troubling you with this letter, I do not now begin, but
continue to be
Your Lordship's humble and much devoted
Southampton was released from the Tower on the 10th of April :
which determines within a few days the date of the last letter. Of
the reception which it met with, I find no account anywhere.
Meanwhile the news which Bacon received from his friends in the
Scotch Court appears to have been favourable -. sufficiently so, at
least, to encourage him to seek a personal interview with the King.
I cannot find the exact date, but it will be seen from the next letter
that, before the King arrived in London, he had gone to meet him,
carrying a despatch from the Earl of Northumberland; and that he
had been admitted to his presence. The copy of this letter in the
British Museum MS. is in the same hand as the rest of the volume,
but is distinguished from the others by having a few corrections and
interlineations in another hand, which I believe to be Bacon's own ;
though I cannot speak with perfect confidence. His handwriting
varied very much according, I suppose, to pens, attitudes, moods,
and times and a few words inserted here and there are often difficult
to identify. But it is certainly not the hand of the transcriber ; the
alterations are of a kind which it is not likely that anybody else
would have made (no alteration being apparently required by the
sense or grammar) ; and it is likely enough, considering his subse-
quent relations with James, that he may have looked back some
time in his later life with great curiosity and interest to this fresh
record of his first impressions of him, and made the corrections
either from memory or taste, or from a better copy of the original
which may have accidentally turned up. They are not at all mate-
rial in substance, but are just such changes as he would naturally
have made in writing a fair copy from a first draught. The text
represents the letter as corrected : the notes as it stood in the ori-
ginal transcript.
A LETTER TO THE EARL OF NORTHUMBERLAND AFTER HE HAD
BEEN WITH THE KlNG. 1
It may please your good Lordship,
I would not have lost this journey, and yet I have not that
for which I went. 2 For I have had no private conference to
1 Add. MSS. 5503, fo. 24. " that I went for.
1603.] BACON'S FIRST IMPRESSIONS OF THE KING. 77
any purpose 1 with the King; and 2 no more hath almost any
other English. For the speech his Majesty admitteth with
some noblemen is rather matter of grace than of 3 business.
With the Attorney he spake, being 4 urged by the Treasurer of
Scotland, but yet no more 5 than needs must. After I had re-
ceived his Majesty's first welcome, I 6 was promised private
access ; but 7 yet, not knowing what matter of service your Lord-
ship's letter might carry 8 (for I saw it not) and well knowing
that primeness in advertisement is much, I chose rather to de-
liver it to Sir Thomas Erskins, than to cool it in my hands,
upon expectation of access. Your Lordship shall find a prince
the farthest from the appearance of vain-glory 9 that may be, and
rather like a prince of the ancient form than of the latter time.
His speech is swift and cursory, and in the full dialect of his
country; and in point 10 of business, short; in point 11 of discourse
large. He affecteth popularity by gracing such as he hath heard
to be popular, and not by any fashions of his own. He is
thought somewhat general in his favours, and his virtue of access
is rather because he is much abroad and in press, than that he
giveth easy audience about serious things. 12 He hasteneth to a
mixture of both kingdoms and nations, faster perhaps than policy
will conveniently 13 bear. I told your Lordship once before, that
(methought) his Majesty rather asked counsel of the time past
than of the time to come. But it is early yet to ground any
settled opinion. For the particularities I refer to conference,
having in these generals gone further in so tender an argument
than I would have done, were not both the reader and the bearer
assured. 14
1 to purpose. 2 and, om. 3 matter of. 4 being, om.
5 but no more. ' and. 7 but, om. 8 carried. 9 from vain-glory.
10 speech. u speech. '- about serious things, om.
13 well. 14 were not the bearer hereof so assured. So I continue.
78
CHAPTER III.
A.D. 1603. jETAT. 43.
1.
JAMES'S arrival in England brought no immediate prospect of im-
provement in Bacon's fortunes. Nor was it likely that it should.
" Every new King," James thought, " ought at least to let a year and a
day pass before he made any innovation;" 1 and he naturally left the
administration of affairs in the hands in which he found it. He
made two or three new councillors ; gave the Mastership of the
Rolls, which was still vacant, to Edward Bruce, Abbot of Kinloss ;
removed Sir Walter Ealegh (probably not without what seemed the
best advice) from the Captaincy of the Guard, putting in his place
Sir Thomas Erskine (his own Captain of the Guard), but giving him
at the same time a considerable pecuniary compensation ; 2 placed
two or three of his Scotch friends immediately about his person ;
but made no more changes of importance.
Bacon was for the present to " continue to be of the Learned
Counsel in such manner as before he was to the Queen." 3 But
though this seemed like leaving his position unchanged, the prac-
tical effect was to give him a prospect of more leisure. For his
place among the Learned Counsel being an irregular one without
any ordinary duties belonging to it as of course, his employment
depended upon the pleasure of those who had the laying out of the
business. In this the Queen herself had been used to take a part,
and by her direction he had in this irregular way been continually
employed for many years. It would not be so now. James, to
whom the business and the persons were alike new, would naturally
leave such arrangements, at least for a while, to Coke, who was not
at all likely to want Bacon's help ; nor is there any reason to think
that Cecil, who kept the lead in council, and soon left the Earl of
1 Sully. 2 Gardiner, i. 64.
3 Warrant to the Lord Keeper, 21 April, 1603. Egerton Papers (Camd. Soc.),
p. 368.
1603.] MONEY MATTERS : HELP FROM CECIL. 79
Northumberland in the shadow, would go much out of his way to
put him forward. What he had to do therefore was merely to hold
himself in readiness in case he were wanted ; to recommend himself
to the King by such services or advices as he could offer without
impropriety; to make the most of the interval of leisure for the
great purpose to which all his leisure had long been dedicated ; and
before all, if not above all, to clear off all remains of debt and bring
his living within his income.
2.
The last-mentioned object was first in importance, and was (not
perhaps unfortunately) first forced upon him by an accident of which
the general character may be gathered from the next letter, though
none of the particulars are otherwise known.
We have seen that he had been occupied since his brother's death
in endeavouring to settle some of his principal debts. It seems
however that he had not proceeded fast enough. For in the summer
of 1603 he had to apply to Cecil for help in some scrape, similar
apparently to that of 1598, when he was arrested on his way from
the Tower by Sympson, the goldsmith. 1 Something had been done
to him which he conceived to be an invasion of the privilege of
his office, and therefore an affront to the King's service ; and it
had relation to some money transaction. And this is all we know
about it. The letter itself, however, which reveals the fact (and
which comes from the Hatfield collection, where it was found by
Murdin, who sent a copy to Birch) is unusually interesting, as
showing how his private affairs stood at the time, and what he was
now doing to set them straight : and also as throwing further light
on his relations with Cecil ; who, on this occasion at least, was giving
something more substantial than words ; preferring possibly a way
of obliging him which deserved his gratitude without risking his
rivalry.
To ROBERT, LORD CECIL. 2
It may please your good Lordship,
They say late thanks are ever best. But the reason was,
I thought to have seen your Lordship ere this. Howsoever I
shall never forget this your last favour amongst others ; and it
grieveth me not a little, that I find myself of no use to such an
honourable and kind friend.
For that matter, I think I shall desire your assistance for the
1 Vol. II. p. 106. 2 Letters, Speeches, etc., p. 23.
80 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
punishment of the contempt ; not that I would use the privilege
in future time, but because I would not have the dignity of the
King's service prejudiced in my instance. But herein I will be
ruled by your Lordship.
It is fit likewise, though much against my mind, that I let
your Lordship know that I shall not be able to pay the money
within the time by your Lordship undertaken, which was a fort-
night. Nay money I find so hard to come by at this time, as
I thought to have become an humble suitor to your Honour to
have sustained me with your credit for the present from urgent
debts, with taking up 300/. till I can put away some laud. But
I am so forward with some sales, as this request I hope I may
forbear.
For my estate (because your Honour hath care of it), it is
thus : I shall be able with selling the skirts of my living in
Hertfordshire to preserve the body ; and to leave myself, being
clearly out of debt, and having some money in my pocket, 300/.
land per annum, with a fair house, and the ground well timbered.
This is now my labour.
For my purpose or course, I desire to meddle as little as I cau
in the King's causes, his Majesty now abounding in counsel ;
and to follow my private thrift and practice, and to marry with
some convenient advancement. For as for any ambition, I do
assure your Honour mine is quenched. In the Queen's, my
excellent Mistress's, time the quorum was small : her service was
a kind of freehold, and it was a more solemn time. All those
points agreed with my nature and judgment. My ambition
now I shall only put upon my pen, whereby I shall be able to
maintain memory and merit of the times succeeding.
Lastly, for this divulged and almost prostituted title of knight-
hood, I could without charge, by your Honour's mean, be con-
tent to have it, both because of this late disgrace, and because
I have three new knights in my mess in Gray's-Inn commons;
and because I have found out an alderman's daughter, an hand-
some maiden, to my liking. So as if your Honour will find the
time, I will come to the court from Gorhambury upon any
warning.
How my sales go forward, your Lordship shall in a few days
hear. Mean while, if you will not be pleased to take further
day with this lewd fellow, I hope your Lordship will not suffer
1603.] PRIVATE AFFAIRS. 81
him to take any part of the penalty, but principal, interest, and
costs.
So I remain your Lordship's most bounden,
FR. BACON!
3 July, 1603.
Cecil's answer to this letter has not been preserved. But it
may be inferred from Bacon's reply (which comes from the same
collection) that it was not only friendly as regarded the particular
case, but contained also some general intimation that his profes-
sional services would be wanted.
To THE SAME. 1
It may please your good Lordship,
In answer of your last letter, your money shall be ready
before your day ; principal, interest, and costs of suit. So the
sheriff promised, when I released errors ; and a Jew takes no
more. The rest cannot be forgotten ; for I cannot forget your
Lordship's dum memor ipse mei : and if there have been aliquid
nlmis, it shall be amended. And, to be plain with your Lord-
ship, that will quicken me now, which slackened me before.
Then I thought you might have had more use of me, than now
I suppose you are like to have. Not but I think the impedi-
ment will be rather in my mind than in the matter or times.
But to do you service, I will come out of my religion at any
time.
For my knighthood, I wish the manner might be such as
might grace me, since the matter will not ; I mean, that I might
not be merely gregarious in a troop. The coronation is at hand.
It may please your Lordship to let me hear from you speedily.
So I continue
Your Lordship's ever much bounden,
FR. BACON.
From Gorhambury, this 16th of July, 1603.
It is probably to this time that a memorandum belongs, which I
found in the State Paper Office, entitled " a Note of my debts." It
has no signature, or address, or date ; but is written and docketed
in Bacon's hand : and may very well have been addressed to Cecil
on the occasion which led to this correspondence. Before the 16th
of May, when he was created Baron Cecil of Essenden, ' Your Ho-
' Letters, Speeches, etc., p. 25.
VOL. III.
82 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
nour ' is the title which Bacon would naturally have given him, and
which indeed (as we see by the last letters) he still continued to use
occasionally ; and it is clear from the foregoing letters that he had
been beholden to him for procuring a loan of money.
A NOTE OF MY DEBTS. 1
My own proper debts.
That my L. Treasurer hath undertaken 20007.
That I was beholden to your Honour for procuring . . 5007.
That Twicknam is mortgaged for 12007.
Sum. tot. . . 37007.
For my brother.
To Allen Mercer . . . .'.'.* 5007.
ToWoolmer . 1 5007.
Other debts to the value of .......... 3007.
Sum. tot. . . 1300.
For the rest, Bacon obtained his title, but not in a manner to dis-
tinguish him. He was knighted at "Whitehall, on the 23rd of July ; 2
two days before the Coronation ; but had to share the honour with
300 others.
3.
After this I find no more letters for a good while ; nor indeed
(until the meeting of Parliament on the 29th of March, 1603-4) any
further news of his proceedings. I imagine, however, that the inter-
vening months were among the busiest and most exciting that he
ever passed. For this is the time when I suppose him to have con-
ceived the design of throwing his thoughts on philosophy and intel-
lectual progress into a popular form, and inviting the co-operation of
mankind.
His old idea of finding a better method of studying the laws of
Nature, having no doubt undergone in the endeavour to realise it
many modifications, had at last taken the shape of a treatise in two
parts. The first part was to be called Experientia Literata, and was
to contain an exposition of the art of experimenting ; that is, of pro-
ceeding in scientific order from one experiment to another, making
the answer to one question suggest the question to be asked next.
The second part was to be called Interpretatio Naiura, and was to
explain the method of arriving by degrees at axioms, or general prin-
1 S. P. O. Domestic, 1603. 2 Nichols's Progresses, i. 208.
1603.] THE KINGDOM OF MAN. 83
ciples in nature ; thence by the light of those axioms proceeding to
new experiments ; and so finally to the discovery of all the secrets of
nature's operation, which would include the command over her
forces. This great speculation he had now digested in his head into
these two parts, and " proposed hereafter to propound." 1 And being
a man whose mind found relief in utterance, though it were only to
a piece of paper in his cabinet, he drew up (either at, or about, or
at any rate with reference to this time) a short prefatory address ;
which, had the work itself been then completed according to the de-
sign, would I suppose have stood as the introduction.
As an exposition of the design it was superseded by completer
prefaces of later date, and was therefore not included among the
philosophical works selected for translation. But as bearing upon
the history of his own career it has a peculiar value; revealing as it
does an authentic glimpse of that large portion of his life, which
though to him as real as the rest and far more profoundly interest-
ing, scarcely shows itself among these records of his career as a man of
business, and is in danger of being forgotten. And I do not know
how I can better help my readers to conceive the thing and to give
it its due prominence among his purposes and performances, than by
inserting a translation of it in this place. Of the practicability of
the enterprise and the reasonableness of the expectation, I say no-
thing : that question has been discussed in its proper place, and need
not concern us here. What we have to understand and remember is
the nature of the enterprise, and the fact that he believed it practic-
able. He believed that he had by accident stumbled upon a Thought,
which duly followed out would in the course of generations make
man the master of all natural forces. The " Interpretation of Na-
ture" was, according to his speculation, the "Kingdom of Man."*
To plant this thought in men's minds under such conditions that it
should have the best chance of growing and bearing its proper fruit
ill due season, was the great aspiration of his life ; and though
diverted, interrupted, and baffled by a hundred impediments, inter-
nal and external, by infirmities of body and of mind, by his own
business and other people's, by clients, creditors, and sheriff's offi-
cers, by the impracticability (say the wise) of the problem itself,
owing to a fundamental misconception of the case, by an imperfec-
tion (as I think) in his own intellectual organisation, which placed
him at a disadvantage in dealing with many parts of it, he never
1 Adv. of Learn. : Works, Vol. III. p. 389. De Augmentis Scientiarum : lib. v.
c. 2. Vol. I. pp. 622-633.
2 Indicia vera de Inierpretatione Natura, sive de Regno Hominis. Title of the
Novum Organum.
o 2
84. LETTERS AND LIFE OF FRAXCIS BACON. [CHAP. HI.
doubted that the thing might be done if men would but think so, and
that it was his mission to make them think so and point out the way.
And though many and many a day must have closed without shewing
any sensible progress in the work, I suppose not a single day went
down in which he did not remember with a sigh, or a resolution, or
a prayer, that the work was still undone. On one of these days, his
imagination, wandering far into the future, showed him in vision the
first instalment ready for publication, and set him upon thinking
how he should announce it to the world. The result of this medita-
tion he fortunately confided to a sheet of paper, which being found
long after in his cabinet, revealed the secret which it had kept. The
original, written in stately Latin, may be seen in the third volume
of the Philosophical "Works, p. 518, accompanied with a long preface
of my own, to which I refer those who care to know what else I had
to say about it. For our present purpose, the following translation,
though in spirit and effect a poor copy, may serve sufficiently well.
OF THE INTERPRETATION OP NATURE.
Proem.
Believing that I was born for the service of mankind, and re-
garding the care of the commonwealth as a kind of common
property which like the air and the water belongs to everybody,
I set myself to consider in what way mankind might be best
served, and what service I was myself best fitted by nature to
perform.
Now among all the benefits that could be conferred upon
mankind, I found none so great as the discovery of new arts, en-
dowments, and commodities for the bettering of man's life. For
I saw that among the rude people in the primitive times the au-
thors of rude inventions and discoveries were consecrated and
numbered among the Gods. And it was plain that the good
effects wrought by founders of cities, law-givers, fathers of the
people, extirpers of tyrants, and heroes of that class, extend but
over narrow spaces and last but for short times; whereas the
work of the Inventor, though a thing of less pomp and shew, is
felt everywhere and lasts for ever. But above all, if a man could
succeed, not in striking out some particular invention, however
useful, but in kindling a light in nature a light which should
in its very rising touch and illuminate all the border-regions that
confine upon the circle of our present knowledge ; and so spread-
ing further and further should presently disclose and bring into
1603.] PREFACE FOR DE INTERPRETATIONS NATURE. 85
sight all that is most hidden and secret in the world, that man
(I thought) would be the benefactor indeed of the human race,
the propagator of man's empire over the universe, the champion
of liberty, the conqueror and subduer of necessities.
For myself, I found that I was fitted for nothing so well as
for the study of Truth ; as having a mind nimble and versatile
enough to catch the resemblances of things (which is the chief
point) , and at the same time steady enough to fix and distinguish
their subtler differences ; as being gifted by nature with desire
to seek, patience to doubt, fondness to meditate, slowness to
assert, readiness to reconsider, carefulness to dispose and set in
order; and as being a man that neither affects what is new nor
admires what is old, and that hates every kind of imposture. So
I thought my nature had a kind of familiarity and relationship
with Truth.
Nevertheless, because my birth and education had seasoned
me in business of state ; and because opinions (so young as I
was) would sometimes stagger me ; and because I thought that a
man's own country has some special claims upon him more than
the rest of the world ; and because I hoped that, if I rose to any
place of honour in the state, I should have a larger command of
industry and ability to help me in my work ; for these reasons
I both applied myself to acquire the arts of civil life, and com-
mended my service, so far as in modesty and honesty I might,
to the favour of such friends as had any influence. In which
also I had another motive : for I felt that those things I have
spoken of be they great or small reach no further than the
condition and culture of this mortal life ; and I was not without
hope (the condition of Religion being at that time not very pro-
sperous) that if I came to hold office in the state, I might get
something done too for the good of men's souls.
When I found however that my zeal was mistaken for ambi-
tion, and my life had already reached the turning-point, and my
breaking health reminded me how ill I could afford to be so slow,
and I reflected moreover that in leaving undone the good that I
could do by myself alone, and applying myself to that which
could not be done without the help and consent of others, I was
by no means discharging the duty that lay upon me, I put all
those thoughts aside, and (in pursuance of my old determination)
betook myself wholly to this work. Nor am I discouraged from
86 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
it because I see signs in the times of the decline and overthrow
of that knowledge and erudition which is now in use. Not that
I apprehend any more barbarian invasions (unless possibly the
Spanish empire should recover its strength, and having crushed
other nations by arms should itself sink under its own weight) :
but the civil wars which may be expected, I think, (judging
from certain fashions which have come in of late) to spread
through many countries, together with the malignity of sects,
and those compendious artifices and devices which have crept
into the place of solid erudition seem to portend for literature
and the sciences a tempest not less fatal, and one against which
the Printing-office will be no effectual security. And no doubt
but that fair-weather learning which is nursed by leisure, blos-
soms under reward and praise, which cannot withstand the shock
of opinion, and is liable to be abused by tricks and quackery, will
sink under such impediments as these. Far otherwise is it with
that knowledge, whose dignity is maintained by works of utility
and power. For the injuries therefore which should proceed from
the times, I am not afraid of them ; and for the injuries which
proceed from men I am not concerned. For if any one charge
me with seeking to be wise overmuch, I answer simply that mo-
desty and civil respect are fit for civil matters; in contempla-
tions nothing is to be respected but Truth. If any one call on
me for works, and that presently ; I 'tell him frankly, without
any imposture at all, that for me a man not old, of weak
health, my hands full of civil business, entering without guide or
light upon an argument of all others the most obscure, I hold
it enough to have constructed the machine, though I may not
succeed in setting it on work. Nay with the same candour I
profess and declare, that the Interpretation of Nature, rightly
conducted, ought in the first steps of the ascent, until a certain
stage of Generals be reached, to be kept clear of all application
to Works. And this has in fact been the error of all those who
have heretofore ventured themselves at all upon the waves of
experience that being either too weak of purpose or too eager
for display, they have all at the outset sought prematurely for
works, as proofs and pledges of their progress, and upon that
rock have been wrecked and cast away. If again any one ask
me, not indeed for actual works, yet for definite promises and
forecasts of the works that are to be, I would have him know
1603.] PEEFACE FOR 1)E INTERPRETATION NATURE. 87
that the knowledge which we now possess will not teach a man
even what to wish. Lastly though this is a matter of less mo-
ment if any of our politicians, who use to make their calcula-
tions and conjectures according to persons and precedents, must
needs interpose his judgment in a thing of this nature, I would
but remind him how (according to the ancient fable) the lame
man keeping the course won the race of the swift man who left
it : and that there is no thought to be taken about precedents,
for the thing is without precedent.
Now for my plan of publication those parts of the work
which have it for their object to find out and bring into corre-
spondence such minds as are prepared and disposed for the
argument, and to purge the floors of men's understandings, I
wish to be published to the world and circulate from mouth to
mouth : the rest I would have passed from hand to hand, with
selection and judgment. Not but I know that it is an old trick
of impostors to keep a few of their follies back from the public
which are indeed no better than those they put forward : but in
this case it is no imposture at all, but a sober foresight, which
tells me that the formula itself of interpretation, and the disco-
veries made by the same, will thrive better if committed to the
charge of some fit and selected minds, and kept private. This
however is other people's concern. For myself, my heart is not
set upon any of those things which depend upon external acci-
dents. I am not hunting for fame : I have no desire to found a
sect, after the fashion of heresiarchs ; and to look for any private
gain from such an undertaking as this, I count both ridiculous
and base. Enough for me the consciousness of well-deserving,
and those real and effectual results with which Fortune itself
cannot interfere.
Such then was the project with which Bacon was all this time
labouring in secret ; such, and no less, the issues which he believed
to be involved in it. But though his faith in the principle never
failed, he knew that it could not be fairly tried without the coopera-
tion of many men and of more than one generation ; and when he
came to sound men's opinions in the matter, he discovered that he
had a preliminary difficulty to encounter in finding any who would
listen to him. 1
1 " Et quos socios habes ? Ego certe (inquam) profecto nulloa ; quin nee queu-
c I mini habeo quocum farnilianter de hujusmodi rebus colloqui possiin, ut me saltern
i-xplicem et exacuam." Philosophical Works, Vol. III. p. 559.
88 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
Now if he could get the King to take an interest in it, a great
part of this difficulty would be removed; and to bring this about,
the best chance would be to produce some practical and notable
proof of proficiency in matters of which the King was already quali-
fied to judge. For experimental philosophy James had not as yet
shown any taste ; and having been trained in the ancient learning,
he was not likely to be attracted by a proposal to set aside all re-
ceived doctrines and begin afresh from the beginning ; but a general
survey and criticism of the existing stock of knowledge was a work
which few men then living were better qualified to appreciate, and
in which he was almost sure to take a lively interest ; and such a
survey being the natural and legitimate foundation of any attempt
at a large and general reform, it seems to have occurred to Bacon
that this was the thing to begin with, and this the very time for it.
Here was a King, still in the prime of life, devoted to peace, sym-
pathizing largely with the interests of mankind, eminent even among
learned men in a learned age for proficiency in all kinds of learning,
coming out of straits and troubles into a great fortune, his imagination
raised, his habits unfixed, his direction not yet taken : why should
he not be excited to seek his greatness in a work like this ? Ac-
cordingly, when Bacon told Cecil, on the 3rd of July, 1603, that he
should put his ambition only upon his pen, it seems to me probable
that he had newly conceived the design of writing his work on the
' Proficieuce and Advancement of Learning.' I say newly, for it was
certainly not the same work on which he had been engaged before,
nor any part of it : nor was it till some years after that he deter-
mined to include it in the general design. 1 If so, the first book,
which may be described as a kind of inaugural lecture on the dignity
and merit of learning as a work for the kings and potentates of the
earth, must apparently have been written during this year; 2 and
we need seek no further for an account of the way in which his time
during the remainder of it was chiefly spent.
4.
It was not, however, his only occupation. Though he had little or
nothing to do this year as a member of the King's Learned Counsel,
there were one or two subjects of such pressing importance in the
political department, that he made bold to offer his opinion upon
them.
1 See my preface to the De Augmentia Scientiarum. Philos. Works, Yol I
p. 416.
2 See my preface to the ' Advancement of Learning.' Philos. Works Vol III
p. 255.
1603.] UNION OF ENGLAND AND SCOTLAND. 89
The first that had to be dealt with was the union of England and
Scotland. We have seen that he had come away from his first inter-
view with the King with an impression that he was " hastening to a
mixture of both kingdoms and nations, faster perhaps than policy
would conveniently bear." Now as much haste as was compatible
with good speed, no man could wish for more than Bacon himself:
for no man saw sooner or more clearly that England, well united
with Scotland, had all natural requirements for becoming the greatest
monarchy in the world. But he knew that things would not unite
by being merely put together, and that perfect mixture required
many conditions, of which time was one of the most indispensable.
And I suppose it was in the hope, not merely of drawing a little at-
tention to his own pretensions as a scholar and a thinker (though
that was something), but also of tempering the King's impatience
and reconciling him to the cautious pace at which it would be neces-
sary to go, that he took leave to present him with a short philo-
sophical treatise concerning the conditions under which perfect union
takes place in nature an essay still interesting, both as a specimen
of the Philosophia Prima, applied to a particular business in the
details and practical management of which he was soon to be deeply
engaged, and as showing that it was not as a member of the Learned
Counsel, but as a scholar, a student, and a man of contemplation,
that he chose to make his first approaches : a fact agreeing very
well with my supposition that he regarded this as (for the present at
least) his proper vocation and most promising career. And yet his
aim is not the less practical, and bearing on the immediate business ;
for the conclusion is, that Nature and Time must be left to do the
work, and that artificial forcing will only spoil the operation : the
very warning which the King stood most in need of.
This little tract is said to have been printed in 1603, in 12mo, 1
but I never met with a copy. There is, however, a good manuscript
of it in the Harleian Collection, in the hand (if I am not mistaken)
of the transcriber of the ' Valerius Terminus ; ' and if so, contem-
porary and authentic, 2 and it is printed in the Eesuscitatio. The
text here given is formed upon a collation of these two.
Whence Bacon derived his idea of the nature of the Persian
Magic, is a question with which we need not trouble ourselves here.
For the present occasion it is enough to know that it was formerly
the subject of many speculations ; inferences perhaps from a remark
in Plato, that the princes of Persia were instructed in politics and
in magic by the same persons ; and that the method of analogy in
1 Birch's edition of Bacon's Works, vol. iii. p. 257.
- See Philosophical Works, Vol. -III. p. 206.
90 LETTERS AND LIFE OF' FRANCIS BACON. [CHAP. III.
which Bacon supposed it to consist was believed by him, not only at
this time but ever after, to be a sound one. 1
A BRIEF DISCOURSE TOUCHING THE HAPPY UNION OF THE
KINGDOMS OF ENGLAND AND SCOTLAND.
Dedicated in private to His Majesty, z
I do not find it strange (excellent King) that when Heraclitus,
he that was surnamed the obscure, had set forth a certain book
which is not now extant, many men took it for a discourse of
nature, and many others took it for a treatise of policy and
matter of estate. For there is a great affinity and consent be-
tween the rules of nature, and the true rules of policy : the one
being nothing else but an order in the government of the world,
and the other an order in the government of an estate. And
therefore the education and erudition of the kings of Persia was
in a science which was termed by a name then of great reverence,
but now degenerate and taken in ill part: for the Persian
magic, which was the secret literature of their kings, was an
observation of the contemplations of nature and an application
thereof to 3 a sense politic ; taking the fundamental laws of
nature, with the branches and passages of them, as an original
and first model, whence to take and describe a copy and imita-
tion for government.
After this manner the aforesaid instructors set before their
kings the examples of the celestial bodies, the sun, the moon,
and the rest, which have great glory and veneration, but no rest
or intermission ; being in a perpetual office of motion, for the
cherishing, in turn and in course, of inferior bodies : expressing
likewise the true manner of the motions of government, which
though they ought to be swift and rapid in respect of dispatch
and the occasions, yet are they to be constant and regular,
without wavering or confusion.
So did they represent unto them how the heavens do not en-
rich themselves by the earth and the seas, nor keep no dead
stock or untouched treasures of that they draw to them from
below; but whatsoever moisture they do levy and take from
1 See ' Advancement of Learning,' Philos. Works, Vol. III. p. 348 ; and De
Aug. Scient. Vol. I. p. 542.
2 Harl. MSS. 532, fo. 61.
3 an application of the contemplations and observations of nature unto : R.
1603.] DISCOURSE ON UNION OF KINGDOMS. 91
both elements in vapours, they do spend and turn back again in
showers ; only holding and storing them up for a time, to the
end to issue and distribute them in season.
But chiefly they did express and expound unto them the fun-
damental law of nature, whereby all things do subsist and are
preserved ; which is, That every thing in nature, although it
have his private and particular affection and appetite, and doth
follow and pursue the same in small moments, and when it is
delivered and free from more general and common respects, yet
nevertheless when there is question or case for sustaining of the
more general, they forsake their own particularities and proprie-
ties, and attend and conspire to uphold the public.
So we see the iron in small quantity will ascend and approach
to the loadstone upon a particular sympathy : but if it be any
quantity of moment, it leaveth his appetite of amity with the
loadstone, and like a good patriot falleth to the earth, which is
the place and region of massy bodies.
So again the water and other like bodies do fall towards the
centre of the earth, which is (as was said) their region or country:
and yet we see nothing more usual in all water- works and engines,
than that the water (rather than to suffer any distraction or dis-
union in nature) will ascend, forsaking the love to his own region
or country, and applying itself to the body next adjoining.
But it were too long a digression to proceed to more examples
of this kind. Your Majesty yourself did fall upon a passage of
this nature in your gracious speech of thanks unto your counsel,
when acknowledging princely their vigilancies 1 and well-de-
servings, it pleased you to note, that it was a success and event
above the course of nature, to have so great change with so great
a quiet : forasmuch as sudden and great mutations, as well in
state as in nature, are rarely without violence and perturbation.
So as still I conclude there is (as was said) a congruity between
the principles of Nature and Policy. And lest that instance may
seem to oppone to this assertion, I may even in that particular,
with your Majesty's favour, offer unto you a type or pattern in
nature, much resembling this event in your estate; namely
earthquakes, which many of them bring ever much terror and
wonder, but no actual hurt ; the earth trembling for a moment,
and suddenly stablishing in perfect quiet as it was before.
1 rif/ilancie-. MS.
92 LETTEBS AND LIFE OF FRANCIS BACON. [CHAP. III.
This knowledge then, of making the government of the world
a mirror for the government of a state, being a wisdom almost
lost (whereof the reason I take to be because of the difficulty for
one man to embrace both philosophies) I have thought good to
make some proof (as far as my weakness and the straits of time
will suffer) to revive in the handling of one particular, where-
with now I most humbly present your Majesty. For truly (as
hath been said) it is a form of discourse anciently used towards
kings ; and to what king should it be more proper than to a
king that is studious to conjoin contemplative virtue and active
virtue together?
Your Majesty is the first king that had the honour to be lapis
angularis, to unite these two mighty and warlike nations of
England and Scotland under one sovereignty and monarchy.
It doth not appear by the records and monuments 1 of any true
history, nor scarcely by the fiction and pleasure of any fabulous
narration or tradition of any antiquity, that ever 2 this island of
Great Britain was united under one king before this day. Anc 1
yet there be no mountains nor races of hills, there be no sea*
nor great rivers, there is no diversity of tongue or language, that
hath invited or provoked this ancient separation or divorce.
The lot of Spain was to have the several kingdoms of the con-
tinent (Portugal only except) to be united, in an age not long
past ; and now in our age that of Portugal also, which was the
last that held out, to be incorporate with the rest. The lot of
France hath been much about the same time likewise to have
re-annexed to that crown the several duchies and portions which
were in former times dismembered. The lot of this island is the
last, reserved for your Majesty's happy times by the special
providence and favour of God, who hath brought your Majesty
to this happy conjunction with great consent of hearts, and in
the strength of your years, and in the maturity of your ex-
perience. It resteth therefore but that (as I promised) I set
before your Majesty's princely consideration the grounds of na-
ture touching the union and commixture of bodies, and the
correspondency which they have with the grounds of policy in
the conjunction of states and kingdoms.
First, therefore, that position Vis unita fortior, being one of
the common notions of the mind, needeth not much to be iu-
1 memories : B. " tradition, that ever, of any antiquity : B.
1603.] DISCOURSE ON UNION OF KINGDOMS. 93
duced or illustrated. We see the sun (when he entereth and
while he continues under the sign of Leo) causeth more vehe-
ment heats than when he is in Cancer, what time his beams are
nevertheless more . perpendicular. .The reason whereof, in great
part, hath been truly ascribed to the conjunction and corra-
diation in that place of heaven of the sun with the four stars of
the first magnitude, Sirius, Canicula, Cor Leonis, and Cauda
Leonis.
So the moon likewise, by ancient tradition, while she is in the
same sign of Leo, is said to be at the heart, or to respect the
heart : which is not for any affinity which that place of heaven
can have with that part of man's body, but only because the
moon is then (by reason of the conjunction and nearness with
the stars aforenamed) in greatest strength of influence, and so
worketh upon that part in inferior bodies which is most vital and
principal.
So we see waters and liquors in small quantity do easily pu-
trefy and corrupt ; but in large quantity subsist long, by reason
of the strength they receive by union.
So in earthquakes, the more general do little hurt, by reason
of the united weight which they offer to subvert ; but narrow
and particular earthquakes have many times overturned whole
towns and cities.
So then this point touching the force of union is evident.
And therefore it is more fit to speak of the manner of union.
Wherein again it will not be pertinent to handle one kind of
union, which is union by victory ; when one body doth merely
subdue another, and converteth the same into his own nature,
extinguishing and expulsiiig what part soever of it it cannot
overcome. As when the fire converteth the wood into fire,
purging away the smoke and the ashes as unapt matter to in-
flame : or when the body of a living creature doth convert and
assimilate food and nourishment, purging and expelling what-
soever it cannot convert. For these representations do answer
in matter of policy to union of countries by conquest ; where the
conquering state doth extinguish, extirpate, and expulse any
part of the state conquered, which it findeth so contrary as it
cannot alter and convert it. And therefore, leaving violent
unions, we will consider only of natural unions.
The difference is excellent which the best observers in nature
91 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
do take between compositio and mistio, putting together and
mingling : the one being but a conjunction of bodies in place,
the other in quality and consent : the one the mother of sedition
and alteration, the other of peace and continuance: the one
rather a confusion than an union, the other properly an union.
Therefore we see those bodies which they call imperfecte mista
last not, but are speedily dissolved. For take for example snow
or froth, which are compositions of air and water, and in them
you may behold how easily they sever and dissolve, the water
closing together and excluding the air.
So those three bodies which the alchemists do so much cele-
brate as the three principles of things, that is to say, Earth,
Water, and Oil, (which it pleaseth them to term Salt, Mercury,
and Sulphur), we see if they be united only by composition or
putting together, how weakly and rudely they do incorporate : for
water and earth maketh but an unperfect slime if 1 they be forced
together by agitation, yet upon a little settling the earth resides
in the bottom. So water and oil, though by agitation it be
brought into an ointment, yet after a little settling the oil will
float on the top. So as such unperfect minglings continue no
longer than they are forced, and still in the end the worthiest
gets above.
But otherwise it is of Perfect Mixture. For we see those
three bodies, of Earth, Water, and Oil, when they are joined in
a vegetable or a mineral, they are so united, as without great
subtlety of art and force of extraction they cannot be separated
and reduced into the same simple bodies again. So as the dif-
ference between compositio and mistio clearly set down is this ;
that compositio is the joining or putting together of bodies with-
out a new form : and mistio is the joining or putting together of
bodies under a new form. For the new form is commune vin-
culum, and without that the old forms will be at strife and
discord.
Now to reflect this light of Nature upon Matter of Estate ;
there hath been put in practice in government these two several
kinds of policy in uniting and conjoining states and kingdoms ;
the one to retain the ancient forms still severed, and only con-
joined in sovereignty; the other to superinduce a new form
agreeable and convenient to the entire estate. The former of
1 and if: R.
1603.] DISCOURSE ON UNION OF KINGDOMS. 95
these hath been more usual, and is more easy ; but the latter is
more happy. For if a man do attentively revolve histories of all
nations, and judge truly thereupon, he will make this conclusion,
that there were never any states that were good commixtures but
the Roman. 1 Which because it was the best state of the world,
and is the best example in this point, we will chiefly insist there-
upon.
In the antiquities of Rome, Virgil brings in Jupiter by way of
oracle in 2 prediction speaking of the mixture 3 of the Trojans arid
the Italians :
" Sermonem Ausonii patrium moresque tenebunt,
Utque est nomen erit : commisti corpore tantum
Subsiclent Teucri, morem ritusque sacrorum
Adjiciam, faciamque omnes uno ore Latinos.
Hinc genus, Ausonio xnistum quod sanguine surget,
Supra homines, supra ire Decs pietate videbis."
Wherein Jupiter maketh a kind of partition or distribution :
that Italy should give the language and the laws ; Troy should
give a mixture of men, and some religious rites ; and both people
should meet in one name of Latins.
Soon after the foundation of the city of Rome, the people
of the Romans and the Sabines mingled upon equal terms :
wherein the interchange went so even, that (as Livy noteth) the
one nation gave the name to the place, the other to the people.
For Rome continued the name, but the people were called Qui-
rites, which was the Sabine word, derived of Cures the country
of Tatius.
But that which is chiefly to be noted in the whole continuance
of the Roman government, they were so liberal of their naturali-
zations, as in effect they made perpetual mixtures. For the
manner was to grant the same not only to particular persons, but
to families and linages ; and not only so, but to whole cities and
countries ; so as in the end it came to that, that Rome was com-
munis patria, as some of the civilians call it.
So we read that St. Paul, after he had been beaten with rods,
and thereupon charged the officer with the violation of the privilege
of a citizen of Rome, the captain said to him, " Art thou then
a Roman ? That privilege hath cost me dear." To whom St.
Paul replied, " But 1 was so born." And yet, in another place,
1 Romans, in both copies. - or: R. 3 mixtures : MS.
96 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
St. Paul professeth of himself, that he was a Jew by tribe. So
as it is manifest that some of his ancestors were naturalized to
him and to his descendents. 1
So we read that it was one of the first despites that was done
to Julius Caesar, that whereas he had obtained naturalization for
a city in Gaul, one of the city was beaten with rods by the com-
mandment of the consul Marcellus.
So we read that in the emperor Claudius time, the nation of
Gaul, that part which was called Comata, the wilder part, were
suitors to be made capable of the honour of being senators and
officers of Rome. His words are these ; " Cum de supplendo
Tacitus, xi. senatu agitaretur, primoresque Gallise quse Comata appellatur,
Annal. fcedera. et civitatem Romanam pridem assecuti, jus adipisceudo-
rurn in urbe honorum expeterent, multus ea super re variusque
rumor, et studiis diversis apud principes 2 certabatur." And in the
end after long debate it was ruled that they should be admitted.
So likewise the authority of Nicholas Machiavel seemeth not
to be contemned ; who enquiring the causes of the growth of the
Roman empire, doth give judgment, there was not one greater
than this, that the state did so easily compound and incorporate
with strangers.
It is true that most estates and kingdoms have taken the other
course : of which this effect hath followed, that the addition of
further empire and territory hath been rather matter of burthen
than matter of strength unto them : yea and further it hath kept
alive the seeds and roots of revolts and rebellions for many ages ;
as we may see in a fresh and notable example of the kingdom of
Arragon : which, though it were united to Castile by marriage,
and not by conquest, and so descended in hereditary union by
the space of more than an hundred years, yet because it was
continued in a divided government, and not well incorporated
and cemented with the other crown, entered into a rebellion
upon point of their fueros, or liberties, now of very late years.
Now to spreak briefly of the several parts of that form, where-
by estates and kingdoms are perfectly united ; they are (besides
the sovereignty itself) four in number ; Union in Name, Union
in Language, Union in Laws, and Union in Employments.
For Name, though it seem but a superficial and outward
naturalized ; and so it was conveyed to him and their other descendant* : R.
- Principem in both copies.
1G03.] DISCOURSE ON UNION OF KINGDOMS. 97
matter, yet it carrieth much impression and enchantment. The
general and common name of Grsccia made the Greeks always
apt to unite (though otherwise full of divisions amongst them-
selves) against other nations, whom they called barbarous. The
Helvetian name is no small band to knit together their leagues
and confederacies the faster. The common name of Spain (no
doubt) hath been a special mean of the better union and conglu-
tination of the several kingdoms of Castile, Arragon, Granada,
Navarra, Valentia, Catalonia, and the rest, comprehending also
now lately Portugal.
For Language, it is not necessary to insist upon it ; because
both your Majesty's kingdoms are of one language, though of
several dialects ; and the difference is so small between them, as
promiseth rather an enriching of one language than a continu-
ance of two.
For Laws, which are the principal sinews of government, they
be of three natures ; Jura (which I will term freedoms or abili-
ties), Leges, and Mores.
For Abilities and Freedoms, they were amongst the Romans
of four kinds, or rather degrees. Jus Connubii, Jus Civitatis,
Jus Suffragii, and Jus Petitionis or Honorum. Jus Connubii is a
thing in these times out of use : for marriage is open between
all diversities of nations. Jus Civitatis answereth to that we call
Denization or Naturalization. Jus Suffragii answereth to the
voice in Parliament, or voice of election of such as have voice in
Parliament. Jus Petitionis answereth to place in counsel and
office. And the Romans did many times sever these freedoms;
granting Jus Connubii sine Civitate, and Civitatera sine Svffragio,
and Suffrayium sine Jure Petitionis, which was commonly with
them the last.
For Laws, 1 it is a matter of curiosity and inconvenience to
seek either to extirpate all particular customs, or to draw all
subjects to one place or resort of judicature or session. It suffi-
ceth that there be an uniformity in the principal and fundamental
laws both ecclesiastical and civil. For in this point the rule
holds which was pronounced by an ancient father, touching the
diversity of rites in the Church ; for finding the vesture of the
Queen (in the psalm), which did prefigure the Church, was of
divers colours, and finding again that Christ's coat was without
1 For those ice called Leges: R.
VOL. III. H
98 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
a seam, he concludeth well, In vesle varietas sit, scissura non
sit.
For Manners, a consent in them is to be sought industriously,
but not to be inforced. For nothing amongst people breeds so
much pertinacy in holding their customs, as sudden and violent
offer to remove them.
And as for Employments, it is no more but an indifferent
hand, and execution of that verse :
Virg. " Tros Tyriusque mihi nullo discrimine agetur."
Eneid : 1.
There remaineth only to remember out of the grounds of Na-
ture the two conditions of perfect mixture ; whereof the former
is Time : for the natural philosophers say well, that compositio
is opus hominis, and mistio opus natures. For it is the duty of
man to make a fit application of bodies together, but the perfect
fermentation and incorporation of them must be left to Time
and Nature; and unnatural hasting thereof doth disturb the
work, and not dispatch it. So we see, after the grift is put into
the stock and bound, it must be left to Nature and Time to
make that continuum, which was at first but contiguum. And it
is not any continual pressing or thrusting together that will pre-
vent nature's season, but rather hinder it. And so in liquors,
those mixtures which are at the first troubled, grow after clear
and settled by the benefit of rest and time.
The second condition is, that the greater draw the less. So
we see when two lights do meet, the greater doth darken and
drown the less. And when a smaller river runs into a greater, it
leeseth both the name and stream.
And hereof, to conclude, we have an example in the kingdoms
of Judah and Israel. The kingdom of Judah contained two
tribes ; the kingdom of Israel contained ten. King David
reigned over Judah for certain years, and after the death of Ish-
bosheth, the son of Saul, obtained likewise the kingdom of Israel.
This union continued in him, and likewise in his son Salomon,
by the space of seventy years at least between them both. But
yet, because the seat of the kingdom was kept still in Judah, and
so the less sought to draw the greater, upon the first occasion
offered the kingdoms brake again, and so continued divided ever
after.
Thus having in all humbleness made oblation to your Majesty
1603.] DIFFERENCES BETWEEN PARTIES IN THE CHURCH. 99
of these simple fruits of my devotion and studies, I do wish,
(and I do wish it not in the nature of an impossibility, to my
thinking), that the happy union of your Majesty's two kingdoms
of England and Scotland may be in as good an hour and under
the like divine providence, as that was between the Romans and
the Sabines.
FRA. BACON.
5.
With regard to the policy to be pursued in Ireland, which was
perhaps the next question in immediate urgency, so impossible it
was to stand still and yet so much depended upon the step taken,
Bacon had communicated his thoughts not long before to Cecil: and
as Montjoy was now in England and a councillor, he had no pretence
for interposing further in the matter at this time.
But there was another question, if not so immediately urgent, yet
of a far more vital character, which forced itself upon James's atten-
tion, and upon the answer to which hung consequences beyond all
estimate or prediction ; a question turning indeed upon arguments
which lay within his own province and which he was well qualified
to handle, but involving issues which it was hardly possible for him
to appreciate. This was the dispute between the High Churchmen
and the Puritans ; which Elizabeth had bequeathed to him still un-
settled, but yet (for a new King coming to it unembarrassed by
personal antecedents, able to understand the fact, and willing to
accept and make the best of it) in a condition apparently very favour-
able for settlement.
Elizabeth had made up her mind at the beginning of her reign
how much innovation she would allow : Protestantism was to go so
far, and no further. Nor had she miscalculated her own position.
To the last, when a wave threatened to encroach, she could rebuke
it and it would go back. But the tide was coming in nevertheless ;
and had she reigned a few years longer, and in security from foreign
enemies, she would have had to choose between making terms witli
the non-conformists and suffering from the want of subsidies. How
she would have dealt with them, it is of course vain to conjecture.
But I suppose her principal difficulty would have lain in her own
mind and declared resolution. She would have had to retract a
policy to which she stood publicly committed ; and though I dare
say she would have known how to do it and would have got it done,
the difficulty would have been considerable. To James the thing
was comparatively easy. He was not as yet personally committed
H 2
100 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
to either side in the controversy. He was not naturally disposed to
sectarianism, in matters of opinion and doctrine, on any side. His
tolerance towards Popery had no superstition in it : it arose not
from an inclination to agree, but from a liberal admission of the right
to differ. His objection to the Puritans was rather political than
theological, and was in fact a legitimate counterpart of his objection
to Popery : he took them for a party which aimed to make the
Church supreme over the King, and themselves supreme in the
Church. But apart from the political tendency of their opinions,
I do not find that he had any horror of the particular opinions which
they held : for he was naturally a Protestant, aware that Truth had
many aspects, and willing to have all questions referred to reason
and argument. There was nothing therefore to prevent him from
taking the course which seemed most politic and prudent. His
difficulty was to know what teas the prudent course : for that de-
pended upon the tendencies of popular opinion and the relative
strength of parties ; of which he had not yet the means of judging
personally, and his advisers would no doubt tell him very different
stories.
This was a question upon which Bacon, having been an active
member of the House of Commons for nearly twenty years, had had
good opportunities of forming a judgment. He had been (as we
saw) by no means satisfied with the course formerly taken by the
authorities in the matter : and being well aware of the weight of it,
could not but be anxious that the chance should not be missed of
taking up the right position now, when everything lay so fair and
open for it ; for as in differences between neighbours the question
whether two families shall be friends or enemies for years to come
will often depend upon the temper of the first answer, so in the
larger theatres of the world the manner of entertaining the first
motion for reform may decide whether there shall be peace or war
half a century after.
The right position no doubt was to treat the reformed Church as
a living and therefore a growing body ; subject to the condition of
all growth, which is change : to dispose it to take in and digest into
its own system as much as possible of all that was good in all that
was new : not to attempt to fix it in the shape which appeared to
the wisest men then living to be the most perfect, but to leave it
open to receive new impressions from the wisdom of other men and
other times ; and therefore to admit as disputable within its pre-
cincts all questions which were among well instructed and earnest
men really matter of dispute : allowing as much liberty to each as
was compatible with the liberty of all, and trusting to the natural
1603.] DIFFERENCES BETWEEN PAETIES IN THE CHURCH. 101
authority of reason in a fair field to make good the truth against all
assailants. In any subject except theology this would undoubtedly
be allowed as the only rational way of proceeding. If a commission
were appointed to frame rules for a school of natural science or pros-
fane history, no one would think of prohibiting the promulgation 01
theories inconsistent with those at present accepted and approved :
or if any such thing were done the result might easily be foretold.
The new schools which would not the less inevitably arise would
come as enemies and antagonists of the old, and they would spend
their time in quarrelling instead of enquiring. Now when the Scrip-
tures were once accepted (as by all varieties of Protestantism they
then were) for the supreme authority in matters of religion, the in-
terpretation and application of them became a work of human science,
subject to like conditions. To be pursued successfully it must be
pursued freely. It is true that this was not a view which could then
be taken by any party, in the Church or out of it. They all believed
in orthodoxy, and each held it for a first duty to establish its own
creed and exclude every other if possible for ever. Not the less,
however, was it the wisdom of the Protestant Church to make room
for as many varieties of honest opinion as were not incompatible
with each other ; and it seems probable that the manifestation even
of a tendency in that direction would have sufficed to draw towards
it all that was most learned, weighty, and influential in the religious
opinions of the time. For though the change of masters, joined
with the general uncertainty as to the policy which would find favour
with the new King, had awakened all hopes and set all discontents
free to express themselves, and James was greeted at his entrance
with many petitions for reformation in the orders of the Church, it
is impossible to look through the list of particular alterations pro-
posed without feeling that most of the points in question might
have been left open without either danger or disturbance to the
establishment. AVhere authority does not interfere, general opinion
keeps order ; and there can be little doubt that the great majority
of churchmen, if left to themselves, would have followed the fashion,
and so established as much uniformity in practice as was desirable.
The danger was in giving it to be understood that nothing would
be conceded : for opposition to a government which threatens dis-
satisfaction to all alike is the one thing in which all varieties of
dissatisfaction can agree. On the other hand, the indication of a
willingness on the part of the Church to tolerate differences, to
allow more liberty for clergymen to think freely and to say freely
what they thought, -would to a certain extent have satisfied them
all. and united them in a common support of the government. And
102 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
this course, which a wise statesmanship would surely have prescribed,
appeared to Bacon to be prescribed by reason and religion as well.
" A man that is of judgment and understanding shall sometimes
hear ignorant men differ, and know well within himself that those
which so differ mean one thing, and yet themselves would never agree.
And if it come so to pass in that distance of judgment which is be-
tween man and man, shall we not think that God above, that knows
the heart, doth not discern that frail men in some of their contra-
dictions intend the same thing, and accepteth of both F' 1 To
"accept of both," therefore, was the course which he would have
recommended to the Church in cases where religious men, intending
acceptable service, brought different gifts ; and now was the time
when such a course might be most happily inaugurated.
It was under these circumstances that (having received some gra-
cious acknowledgment of his discourse touching the Union of the
Kingdoms) he made bold to present the King, in a paper entitled
" Certain considerations touching the better pacification and edifi-
cation of the Church of England," with his opinion as to the best
method of reconciling the prevailing dissensions.
This paper a worthy sequel to the "Advertisement touching
Church Controversies " written in 1589, was presented to the
King " at his first coming in:" 2 and was not (I presume) meant to
be published at that time. There exists however a printed copy
with the date 1604 : the same probably which Dr. Rawley mentions
in his commonplace book as having been " called in." 3 In 1641,
when there was a great demand for all Bacon's political tracts, it
was reprinted. And it was afterwards included in the Resuscitatio.
But the copy which I have taken as the ground of my text is a
manuscript in the Rolls House, which has the great merit of having
been revised and corrected by Bacon himself. The printed copies
(which are independent authorities and may possibly be later) I have
collated, and the result of the collation is given in the footnotes:
in which A means the first printed copy; 4 B the second 5 (apparently
a reprint of the first, but without any date) ; R the copy in the Ee-
suscitatio ; MS. the manuscript at the Rolls.
. * Essay of Unity in Religion.
2 These words are inserted in the title of one of the manuscript copies, v
3 Lambeth MSS. 1034 : in a list of " Lo. St. Alban's works printed."
4 London : printed for Henrie Tomes. An. 1604. I have not mot with or
heard of any perfect copy of this edition ; and it seems probable that the printing
was stopped before it was completed : for the most perfect copy I have seen
(bought 17 Aug. 1865, from Mr. Wilson, of Great Russell Street) has sheet E
printed only on pages 1, 4, 5, and 8, (as if only one side had been completed the
blank pages being supplied in MS.
3 Printed for Henry Tomes. (No place or date.)
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 103
CERTAIN CONSIDERATIONS TOUCHING THE BETTER PACIFICATION
AND EDIFICATION OF THE CHURCH OP ENGLAND. 1
Dedicated to his Most Excellent Majesty.
The unity of your Church, excellent Sovereign, is a thing no
less precious than the union of your kingdoms ; being both
works wherein your happiness may contend with your worthi-
ness. Having therefore presumed, not without your Majesty'*
gracious acceptation, to say somewhat of the one, I am the more
encouraged not to be silent in the other, the rather because it is
an argument that I have travelled in heretofore. But Salomon
commendeth a word spoken in season ; and as our Saviour, speak-
ing of the discerning of seasons, saith, when you see a cloud
rising in the west, you say it will be a shower, so your Majesty's
rising to this monarchy in the west parts of the world doth pro-
mise a sweet and fruitful shower of many blessings upon this
Church and commonwealth ; a shower of that influence as the
very first dews and drops thereof have already laid the storms
and winds throughout Christendom, reducing the very face of
Europe to a more peaceable and amiable countenance.
But to the purpose; it is very true that these ecclesiastical
matters are things not properly appertaining to my profession,
which I was not so inconsiderate but to object to myself. But
finding that it is many times seen that a man that standeth off,
and somewhat removed from a plot of ground, doth better survey
it and discover it than those which are upon it, I thought it not
impossible but that I, as a looker on, might cast mine eyes upon
some things which the actors themselves (specially some being
interessed, some led and addicted, some declared and engaged)
did not or would not see ; and that knowing in my own con-
science, 2 whereto God beareth witness, that the things which I shall
speak spring out of no vein of popularity, ostentation, desire of
novelty, partiality to either side, disposition to intermeddle, or
any the like leaven, I may conceive hope that what I want in
depth of judgment may be countervailed in simplicity and sin-
cerity of affection. But of all things this did most animate me,
that I found in these opinions of mine, which I have long held
and embraced (;is may appear by that which I have many years
since written of them) according to the proportion nevertheless
' S. P. Dom. James I. vol. v. 51. in my conscience: A, B, E.
104 LETTERS AND LIFE OF FRAKCIS BACON. [CHAP. III.
of ray weakness, a consent and conformity with that which your
Majesty hath published of your own most Chiistian most wise
and moderate sense in these causes ; wherein you have well ex-
pressed to the world, that there is infused in your sacred breast
from God that high principle and position of government, That
you ever hold the whole more dear than any part.
For who seeth not that many are affected and give opinion in
^hese matters, as if they had not so much a desire to purge the
evil from the good, as to countenance and protect the evil by the
good? Others speak as if their scope were only to set forth
what is good, and not to seek forth 1 what is possible ; which is to
wish, and not to propound. Others proceed as if they had ra-
ther a mind of removing than of reforming. But howsoever either
side as men, though excellent men, shall run into extremities,
yet your Majesty, as a most wise equal and Christian moderator,
is disposed to find out the golden mediocrity, in the establishment
of that which is sound, and in the reparation of that which is
corrupt and decayed. To your princely judgment then I do in
all humbleness submit whatsoever I shall propound, offering the
^same but as a mite into the treasury of your wisdom. For as
the astronomers do well observe, that when three of the superior
lights do meet in conjunction it bringeth forth some admirable
effects, so there being joined in your Majesty the light of nature,
the light of learning, and above all the light of God's holy
spirit, it cannot be but your government must be as a happy
constellation over the states of your kingdoms. Neither is there
wanting to your Majesty that fourth light, which though it be
but a borrowed light, yet is of singular efficacy and moment
added to the rest, which is the light of a most wise and well com-
pounded counsel ; to whose honourable and grave wisdoms I do
likewise submit whatsoever I shall say 2 ; hoping that I shall not
need to make protestation of my mind and opinion, that until
your Majesty doth otherwise determine and order, all actual and
full obedience is to be given to ecclesiastical jurisdiction as it
now stands ; and when your Majesty hath determined and or-
dered, that every good subject ought to rest satisfied, and apply
his obedience to your Majesty's laws, ordinances, and royal com-
mandments ; nor of the dislike I have of all immodest bitterness,
peremptory presumption, popular handling, and other courses
1 forth, orn. R. * speak : R.
1603.] PACIFICATION AND EDIFICATION OF THE CUUBC1I. 105
tending rather to rumour and impression in the vulgar sort, than
to likelihood of effect joined with observation of duty.
But before I enter into the points controverted, I think good
toXemove (if it may be) two opinions, which do directly confront
oppone to reformation, the one bringing it to a nullity, and
the other to an impossibility. The first is, that it is against good
policy to innovate anything in Church matters ; the other, that
all reformation must be after one platform.
For the first of these, it is excellently said by the prophet,
State super vias antiquas, et videte qucenam sit via recta et vera,
et ambulate in ea ; so as he doth not say, State super vias anti-
quas, et ambulate in eis ; for it is true that with all wise and
moderate persons custom and usage obtaineth that reverence, as
it is sufficient matter to move them to make a stand and to dis-
cover and take a view ; but it is no warrant to guide or 1 conduct
them ; a just ground I say it is of deliberation, but not of direc-
tion. But on the other side, who knoweth not that time is truly
compared to a stream, that carrieth down fresh and pure waters
into that salt sea of corruption which environeth all human ac- *
tions ? And therefore if man shall not by his industry, virtue,
and policy, as it were with the oar row against the stream and
inclination of time, all institutions and ordinances, be they never
so pure, will corrupt and degenerate. But not to handle this
matter common-place-like, I would only ask why the civil state
should l)e purged and restored by good and wholesome laws made
every third or fourth year in parliaments assembled, devising re-
medies as fast as time breedeth mischiefs, and contrariwise the
ecclesiastical state should still continue upon the dregs of time,
and receive no alteration now for these five and forty years and
more ? If any man shall object that if the like intermission
had been used in civil causes also, the error had not been great ;
surely the wisdom of the kingdom hath been otherwise in expe-
rience for three hundred years' space at the least. But if it be
said to me that there is a difference between civil causes and
ecclesiastical, they may as well tell me that churches and chapels
need no reparations though houses and castles do : whereas com-
monly, to speak truth, dilapidations of the inward and spiritual
edification 3 of the Church of God are in all times as great as the ""
outward and material. Sure I am that the very word and stile
' a ,1,1 : R, 2 edifications: A, B, R.
106 LETTERS AND LIFE OF FRANCIS BACON. [CHAP, III.
of reformation used by our Saviour, ab initio non fuit ita? was
applied to Church matters, and those of the highest nature, con-
cerning the law moral. Nevertheless, he were both unthankful
and unwise, that would deny but that the Church of England,
during the time of Queen Elizabeth of famous memory, did
flourish. If I should compare it with foreign churches, I would
rather the comparison should be in the virtues, than (as some
make it) in the defects ; rather I say as between the vine and
the olive, which should be most fruitful, and not as between
the briar and the thistle, which should be most unprofitable ; for
that reverence should be used to the Church, which the good
sons of Noah used to their father's nakedness, that is, as it were
to go backwards, and to help the defects thereof, and yet to dis-
semble them. And it is to be acknowledged that scarcely any
Church, since the primitive Church, yielded in like number of
years and latitude of country a greater number of excellent
preachers, famous writers, and grave governors. But for the
discipline and orders of the Church, as many and the chiefest of
them are very 2 holy and good, so yet if St. John were to indite
an epistle to the Church of England, as he did to them of Asia,
it would sure have the clause, habeo adversus* te pauca. And no
more for this point ; saving that as an appendix thereunto, it is
not amiss to touch that objection which is made to the time,
and not to the matter, pretending that if reformation were ne-
cessary, yet it were not now seasonable at your Majesty's first
entrance. Yet Hippocrates saith, Si quid moves, a principle move.
And the wisdom of all examples doth 4 shew that the wisest princes,
as they have ever been the most sparing in removing or altera-
tion of servants and officers upon their coming in, so for remov-
ing of abuses and enormities, and for reforming of laws and the
policy of their states, they have chiefly sought to ennoble and
commend their beginnings therewith ; knowing that the first im-
pression with people continueth long, and when men's minds are
most in expectation and suspense then are they best wrought
and managed. And therefore it seemeth to me that as the
spring of nature, I mean the spring of the year, is the best time
for purging and medicining the natural body, so the spring of
kingdoms is the most proper season for the purging and recti-
fying of politic bodies.
1 sic-. R. - very, om. R. 3 adversum : MS. * do : R.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 107
There remaineth yet an objection, rather of suspicion than of
reason, and yet such as I think raaketh a great impression in
the minds of very wise and well-affected persons, which is, that
if way be given to mutation, though it be in taking away abuses,
yet it may so acquaint men with sweetness of change, as it will
undermine the stability even of that which is sound and good.
This surely had been a good and true allegation in the ancient
contentions and divisions between the people and the senate of
Rome, where things were carried at the appetite of multitudes,
which can never keep within the compass of any moderation.
But these things being with us to have an orderly passage, under
a king who hath a regal 1 power and approved judgment, and
knoweth as well the measure of things as the nature of them, it
is surely a needless fear. For they need not doubt but your
Majesty, with the advice of your counsel, will discern what
things are intermingled like the tares amongst the wheat, which
have their roots so enwrapped and entangled, as the one cannot
be pulled up without endangering the other ; and what are
mingled but as the chaff and the corn, which needs but a fan to
sift and sever them. So much therefore for the first point, of no
reformation to be admitted at all.
For the second point, that there should be but one form of
discipline in all churches, and that imposed by a necessity of a
commandment and prescript out of the word of God, it is a matter
volumes have been compiled of, and therefore cannot receive a
brief redargution. I for my part do confess, that in revolving
the scriptures I could never find any such thing, but that God
had left the like liberty to the Church-government, as he hath
clone to the civil government, to be varied according to time and
place and accidents, which nevertheless his high and divine pro-
vidence doth order and dispose. For all civil governments are
restrained from God unto the general grounds of justice and
manners, but the policies and forms of them are left free. So
that monarchies and kingdoms, senates and seignories, popular
states or 2 communalities, are all 3 lawful, and where they are
planted ought to be maintained inviolate. So likewise in Church
matters, the substance of doctrine is immutable, and so are the
general rules of government, but for rites and ceremonies, and
for the particular hierarchies, policies, and disciplines of church, 4
1 royal . A, B, R. 2 and: A, B, R. 3 all, om. R. 4 churches: A, B, R.
108 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. HI.
they be left at large. And therefore it is good we return unto
the ancient bands of unity in the Church of God, which was,
one faith, one baptism, and not, one hierarchy, one discipline ;
and that we observe the league of Christians, as it is penned by
our Saviour Christ ; l which is in substance of doctrine this, He
that is not with us, is against us ; but in things indifferent and
but of circumstance this, He that is not against us, is with us,
In these things, so as the general rules be observed, that Christ's
flock be fed ; that there be a succession in bishops and ministers,
which are the prophets of the new Testament ; that there be a
due and reverent use of the power of the keys ; that those which 2
preach the Gospel, live of the Gospel ; that all things tend to
edification ; that all things be done in order and with decency,
and the like ; the rest is left to the holy wisdom and spiritual
discretion of the masters builders 3 and inferior builders in Christ's
Church ; as it is excellently alluded by that father that noted
that Christ's garment was without seam and yet the Church's
garment was of divers colours, and thereupon set 4 down for a
rule in veste varietas sit, scissura non sit.
In which variety nevertheless it is a safe and a 5 wise course to
follow good examples and precedents. But then the rule of
imitation and examples is, to consider not only which are the
best, but which are the likest, and to choose the best of the
likest ; 6 as namely the government of the Church in the purest
times of the first good Emperors that embraced the faith ; for the
times of persecution, before temporal princes received the 7 faith,
as they were excellent times for doctrine and manners, so they
be unproper and unlike examples of outward government and
policy ; and so much for this point. Now to the particular points
of controversy, 8 or rather of reformation.
Circumstances in the government of Bishops.
First therefore for the government of Bishops, I for my part,
not prejudging the precedents of other reformed churches, do
hold it warranted by the word of God and by the practice of the
1 Christ, ora. R. 2 that .- A, B, R. 3 master builders .- A, B, R.
4 setteth : A, B, R. 5 a, om. R.
6 The last clause omitted in all the printed copies. R lias But then, by the rule
of imitation and example, to consider not only which are best, but which are the
likeliest.
7 our : B. 8 controversies : A, B, R.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 109
ancient Church in the better times, and much more convenient
for kingdoms, than parity of ministers and government by synods.
But then further it is to be considered, that the Church is not
now to plant or build, but only to be pruned from corruptions, -
and 1 repaired and restored in some decays : for it is worth the
noting, that the scripture saith, Translate sacerdotio, necesse est
ut et Legis fiat translatio. It is not possible, in respect of the
great and near sympathy between the state civil and the state
ecclesiastical, to make so main an alteration in the Church, but
it would have a perilous operation upon the kingdom. And
therefore it is fit that controversy be in peace and silence.
But there be two circumstances in the administration of
Bishops, wherein I confess I could never be satisfied ; the one,
the sole exercise of their authority ; the other, the deputation of
their authority.
For the first, the Bishop giveth orders alone; excommunica-
teth alone; judgeth alone. This seems to be a thing almost
without example in government, 2 and therefore not unlikely to
have crept in in the degenerate and corrupt times. We see the
greatest kings and monarchs of the earth 3 have their councils.
There is no temporal court in England of the higher sort where
the authority doth absolutely 1 rest in one person. The King's
bench, Common-pleas, and the Exchequer, are benches of a certain
number of judges. The Chancellor of England hath an assis-
tance of twelve masters of the Chancery. The master of the
AVards hath a council of the court : so hath the Chancellor of the
Duchy. In the Exchequer-chamber, the Lord Treasurer is joined
with the Chancellor and the Barons. The masters of the Re-
quests are ever more than one. The justices of Assize are two.
The Lords* Presidents in the Marches and in the North 6 have
councils of divers. The Star-chamber is an assembly of the
King's privy council, aspersed with lords 7 spiritual and temporal.
So as in all 8 courts the principal person hath ever either col-
leagues or assessors. The like is to be found in other well-go-
verned kingdoms 9 abroad, where the jurisdiction is yet more dis-
tributed ; 10 as in the Courts of Parliament of France, and in other
places. No man will deny but the acts that pass the Bishop's
1 proined from corruption, and to be: R. 2 in good government : R.
3 of the earth, om. A, B, R. 4 absolutely, om. A, B, R.
' Lord : A, B, R. 6 in the North and in Wales : R.
7 the Lords : R. s ail, om. R. 9 commonwealths : R. 10 dispersed: R.
110 LETTEES AND LIFE OF FRANCIS BACON. [CHAP. III.
jurisdiction are of as great importance as those that pass the
civil courts, for men's souls are more precious than their bodies
or goods, and so are their good names. Bishops have their in-
firmities, and have no exemption 1 from that general malediction
which is pronounced against all men living, VCB soli, nam si ceci-
derit, etc. Nay we see that the first warrant in spiritual causes
is directed to a number, Die 2 Ecclesiae ; which is not so in tem-
poral matters. And we see that in general causes of Church-
government, there are as well assemblies of all the clergy in
councils, as of all the states in Parliament. Whence should this
sole exercise of jurisdiction come? Surely I do suppose, and I
think upon ground, 3 that ab initio non full ita ; and that the
Deans and Chapters were councils about the sees and chairs of
Bishops at the first, and were unto them a presbytery or consis-
tory, and intermeddled not only in the disposing of their revenues
and endowments, but much more in jurisdiction ecclesiastical.
But it is probable that the Dean and Chapter 4 stuck close to the
Bishops in matters of profit and the world, and would not leese
their hold; but in matters of jurisdiction (which they counted
but a trouble 3 and attendance,) they suffered the Bishops to en-
croach and usurp, and so the one continueth and the other is
lost. And we see that the Bishop of Rome (fas est 6 et ab hoste
doceri, and no question in that church the first institutions were
excellent,) performeth all ecclesiastical jurisdiction as in consis-
tory. And whereof consisteth this consistory, but of 7 parish-
priests of Rome, which term themselves cardinals, a cardinibus
mundi, because the Bishop pretendeth to be universal over the
whole world ? And hereof again we see divers 8 shadows yet re-
maining : as that the Dean and Chapter pro forma chooseth the
Bishop, which is the highest point of jurisdiction : and that the
Bishop when he giveth orders, if there be any ministers casually
present, calleth them to join with him in imposition of hands,
and some other particulars. And therefore it seems to me a
thing reasonable and religious, and according to the first institu-
tion, that Bishops, in the greatest causes, and those which require
a spiritual discerning, namely in ordaining, suspending, or de-
priving ministers, in excommunication (being restored to the
true and proper use, as shall be afterwards touched), in senten-
1 exception : A, B, R. 2 Dei : A, B. 3 good ground : R.
4 Deans and Chapters: R. 5 accounted but trouble: A, B, R.
6 enim -. R. 7 of the parish-priests : A, B, R. 8 many : R.
1G03.] PACIFICATION AXD EDIFICATION OF THE CHURCH. Ill
cing the validity of marriages and legitimations, in judging causes
criraiuous, as simony, incest, blasphemy, and the like, should
not proceed sole and unassisted : which point (as I understand
it) is a reformation that may be planted sine strepitu, without
any perturbation at all : and is a matter which will give strength
to the Bishops, countenance to the inferior degrees of prelates or
ministers, and the better issue and 1 proceeding to those causes
that shall pass.
And as I wish this strength given to the Bishops by council,
so it is not unworthy your Majesty's royal 2 consideration, whether
you shall not think fit to give strength to the general council of
your clergy, the Convocation-house, which was then restrained
when the state of the clergy was thought a suspected part to
the kingdom, in regard of their late homage to the Bishop of
Rome ; which state now will give place to none in their loyalty
and devotion to your Majesty.
For the second point, which is the deputation of their autho-
rity, I see no perfect and sure ground for that neither, being some-
what different from the examples and rules of government. The
Bishop exerciseth his jurisdiction by his Chancellor, Commis-
sary, 3 Official, etc. We see in all laws in the world, offices of
confidence and skill cannot be put over nor exercised by deputy,
except it be specially contained in the original grant, and in that
case it is doubtful ; 4 and for experience, there was never any
Chancellor of England made a deputy; there was never Judge 5
in any court made a deputy. The Bishop is a judge, and of a
high nature ; whence cometh it that he should depute, consider-
ing that all trust and confidence, as was said, is personal and
inherent, and cannot or ought not to 6 be transposed ? Surely in
this again ab initio non full it a : 7 but it is probable that bishops
when they gave themselves too much to the glory of the world,
and became grandes 8 in kingdoms, and great counsellors to
princes, then did they deleague their proper jurisdiction 9 as
things of too inferior a nature for their greatness; and then,
after the similitude and imitation of kings and counts palatine,
they would have their chancellors and judges. But that ex-
ample of kings and potentates giveth no good defence. For
the reasons why kings administer by their judges, although
1 or : A, B, R. 2 royal, om. R. 3 and commissary : A, B, R.
4 dutiful: A, B, R. * any judge: A, B, R. 6 nor ought not be: MS. R.
"sic: R. 8 grandees : R. 9 jurisdictions : R.
112 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
themselves be supreme judges, are two. The one because the
offices of kings are for the most part of inheritance ; and it is a
rule in all laws that offices of inheritance are rather matters
that found 1 in interest than in confidence; for as much as they
may fall upon women, upon infants, upon lunatics and idiots,
persons incapable to execute judicature in person ; and there-
fore such offices by all laws might ever be exercised and admi-
nistered by delegation. The second reason is, because of the
amplitude of their jurisdiction ; 2 which is as great as either their
birth-right from their ancestors, or their sword-right from God
maketh it. And therefore if Moses, that was governor over no
great people, and those collected together in a camp, and not
scattered in provinces and cities, himself likewise 3 of an extraor-
dinary spirit, was nevertheless not able to suffice and hold out
in person to judge the people, but did by the advice of Jethro
approved from God, substitute elders and judges, how much
more other kings and princes? There is a third reason like-
wise not* much to the present purpose; and that is, that kings,
either in respect of the commonwealth, or of the greatness of
their 5 patrimonies, are usually parties in suits; and then their
judges stand indifferent between them and the subject. But in the
case of bishops, none of these reasons hold : for first their office
is elective and for life, and not patrimonial or hereditary; an
office merely of confidence, science, and qualification. And for
the second reason, it is true that their jurisdiction is ample and
spacious, and that their time is to be divided between their
labours as well in the word and doctrine, as in government and
jurisdiction. But yet I do not see, (supposing the Bishop's
courts to be used incorruptly, and without any indirect course
held to multiply causes for gain of fees,) but that the Bishop
mought very well, for causes of moment, supply his judicial
function in his own person. For we see before our eyes that
one Chancellor of England dispatcheth the suits in equity of the
whole kingdom : which is not 7 by reason of the excellency of
that rare honourable person which now holdeth that 8 place, but
it was ever so, though more or less burdenous to the suitor, as
the Chancellor was more or less able to give dispatch. And if
hold be taken of that which was said before, that the Bishop's
1 ground: R. 2 jurisdiction? : R. 3 likewise, om. R.
4 though not : R. 3 their own : A, B, R. 6 the : A, B, R.
' not so much : R. 8 the .- R.
1603.] 1'ACIFICATIOX AND EDIFICATION OF THE CHURCH. 113
labour in the word must take up a principal part of his time, so
I may say again that matters of state have ever taken up most
of the Chancellor's time, having been for the most part persons
upon whom 1 the kings of this realm have most relied for matters
of counsel. And therefore there is no doubt but the Bishop,
whose circuit is less ample and the causes in nature not so mul-
tiplying, with the help of references and certificates to and from
fit persons, for the better ripening of causes in their mean pro-
ceedings, and such ordinary helps incident to jurisdiction, may
very well suffice his office. But yet there is another help. For
the causes that come before him are these : tithes ; legacies and 2
administrations and other testamentary causes; causes matrimo-
nial ; accusations against ministers, tending to their suspension,
deprivation, or degrading; simony, incontinency, heresy, blas-
phemy, breach of Sabbath, 3 and other like causes of scandal.
The first two of these, in mine opinion, differ from the rest ;
that is, tithes and testaments : for these* be matters of profit
and in their nature temporal, though by a favour and conniv-
ance of the temporal jurisdiction they have been allowed and
permitted to the courts ecclesiastical ; the one to the end the
clergy might sue for that that was their sustentatiou before their
o\\i\ judges, and the other in a kind of piety and religion which
was thought incident to the performance of dead men's wills.
And surely for these two, the Bishop in mine opinion may with
less danger discharge himself upon his ordinary judges. And I
think likewise it will fall out that those suits are in the greatest
number. But for the rest which require a spiritual science and
discretion in respect of their nature or of the scandal, it were
reason in my opinion there were no audience given but by the
Bishop himself, he being also assisted, as was touched before :
but it were necessary also he were attended by his chancellor, or
some other his officers being learned in the civil law, for his
better instruction in points of formality, or the courses of the
court : which if it were done, then were there less use of the
official's court (whereof there is now so much complaint), and
causes of the nature aforesaid being only drawn to the audience
of the bishop, it would repress frivolous and powling 5 suits, and
1 upon, om. MS. 3 and, om. R.
3 of ike Sabbath : R. of Saboth : A, B. of Sabaoth .- MS.
4 those : A, B, R. s poling : B. prowling : R.
VOL. in. i
114 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. III.
give a grave and incorrupt proceeding to such causes as shall be
fit for the court.
There is a third point also, not of jurisdiction, but of form
of proceeding, which may deserve 1 reformation ; the rather be-
cause it is contrary to the laws and customs of this land and
state, which though they do not rule those proceedings, yet may
they be advised with for better direction ; 2 and that is the oath
ex officio : whereby men are enforced to accuse themselves, and
(that that is more) are sworn unto blanks, and not unto accusa-
tions and charges declared. By the laws 3 of England no man is
bound to accuse himself. In the highest cases of treasons, 4 tor-
ture is used for discovery, and not for evidence. In capital
matters, no delinquent's answer upon oath is required ; no, not
permitted. In criminal matters not capital, handled in the
Star-chamber, and in causes of conscience, handled in the Chan-
cery, for the most part grounded upon trust and secrecy, the
oath of the party is required. But how? Where there is an
accusation and an accuser, which we call bills of complaint, from
which the complainant cannot vary, and out of the compass of
the which the defendant may not be examined, exhibited unto
the court, and by process notified unto the defendant. But to
examine a man upon oath, out of the insinuation of fame, or out
of accusations secret and undeclared, though it have some coun-
tenance from the civil law, yet it is so opposite ex diametro to
the sense and course of the common law, as it may well receive
some limitation.
Concerning the Liturgy, the Ceremonies, and Subscription.
For the Liturgy, great respect and heed would be taken, lest
by inveighing against a 5 dumb ministry, due reverence be not
withdrawn from the liturgy. For though the gift of preaching
be far above that of reading, yet the action of the liturgy is as
high and holy as that of the sermon. It is said Domus mea
domus orationis vocabitur : the house of prayer, not the house of
preaching. And whereas the Apostle saith, Hew shall men call
upon him, on whom they have not believed? And how shall they
believe except* they hear? And how shall they hear, without a
preacher ? it appeareth that as preaching is the more original,
1 discerne : A, B. 2 directions : R. 3 laic .- R. treason : A, B R
8 the : A, B, R ; corrected in MS. 6 unless : A, B, R.
1003.] PACIFICATION AND EDIFICATION OF THE CHURCH. 115
so prayer is the more final; as the difference is between the
seed and the fruit ; for the keeping of God's law is the fruit of
the teaching of the law, and prayer or invocation or divine ser-
vice or liturgy (for these be but varieties of terms) is the imme-i
diate 1 hallowing of the name of God, and the principal work of
the first table, and of the great commandment of the love of
God. It is true that the preaching of the holy word of God is
the sowing of the seed, it is the lifting up of the brazen serpent,
the ministry of faith, and the ordinary means of salvation. But
yet it is good to take example, how that the best actions of the
worship of God may be extolled excessively and superstitiously.
As the extolling of the Sacrament bred the superstition of the
Mass. The extolling of the Liturgy and prayers bred the super-
stition of the monastical orders and oraisons. And so no doubt
preaching likewise may be magnified and extolled superstitiously,
as if all the whole body of God's worship should be turned into
an ear. So as none, as I suppose, of sound judgment will dero-
gate from the liturgy, if the form thereof be in all parts agree-
able to the word of God, the example of the primitive Church,
and that holy decency which St. Paul commendeth. And there-
fore, first, that there be a set form of prayer, and that it be not
left either to an extemporal form or to an arbitrary form. Se-
condly, that it consist as well of lauds, hyms, and thanksgivings,
as of petitions, prayers, and supplications. Thirdly, that the
form thereof be quickened with some shortness and diversity 2 of
prayers and hymns, and with some interchanges of the voice of the
people as well as of the voice 3 of the minister. Fourthly, that it
admit some distinctions of times and commemorations of God's
principal benefits, as well general as particular. Fifthly, that
prayers likewise be appropriated to several necessities and occa-
sions of the Church. Sixthly, that there be a form likewise of
words and liturgy in the administration of the sacraments and in
the denouncing of the censures of the Church, and other holy
actions and solemnities. These things I think will not be much
controverted.
But for the particular exceptions to the liturgy in form as it
now stands, divers 4 of them, (allowing they were just,) yet seem
they not to be weighty : otherwise than that nothing ought to
1 mediate: A, B. - diversifies : A, B, R,. 3 of the voice, om. B.
4 / think, dirers : A, B, E.. / think is crossed out in the MS.
i 2
116 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. III.
be counted light in matter 1 of religion and piety ; as the heathen
himself could say, eiiam vultu stppe laeditar pietas. That the
word Priest should not be continued, especially with offence (the
.word minister being already made familiar), this may be said,
That it is a good rule in translation, never to confound that in
one word in the translation, which is precisely distinguished in
two words in the original, for doubt of equivocation and tra-
ducing. And therefore seeing the word irpeafivrepos and iepevs
be always distinguished in the original, and the one used for a
sacrificer, the other for a minister, the word Priest being made
common to both, whatsoever the derivation be, yet in use it con-
foundeth the minister with the sacrificer. And for an example
of this kind, I did ever allow the discretion and tenderness of
the Rhemish translation in this point; that finding in the ori-
ginal the word ayaTrrj and never />&>?, do ever translate Charily
and never love, because of the indifferency and equivocation of
that 2 word with impure love.
Touching the Absolution, it is not unworthy consideration
whether it may not be thought unproper and unnecessary ; for
there are but two sorts of absolution, both supposing an obliga-
tion precedent ; the one upon an excommunication, which is
religious and primitive ; the other upon confession and penance,
which is superstitious or at least positive ; and both particular,
neither general. Therefore since the one is taken away, and the
other hath his proper case, what doth a general absolution,
wherein there is neither penance nor excommunication prece-
dent ? for the Church never looseth, but where the Church hath
bound. And surely I may think this at the first was allowed in
a kind of spiritual discretion, because the Church thought the
people could not be suddenly weaned from their conceit of as-
soiling, to which they had been so long accustomed.
For Confirmation, to my understanding the state of the ques-
tion is whether it be not a matter mistaken and altered by time ;
and whether that be not now made a subsequent to Baptism,
which was indeed an inducement to the Communion. For
whereas in the primitive Church children were examined of their
faith before they were admitted to the Communion, time may
seem to have turned it to refer as if it had been to receive a con-
firmation of their Baptism.
1 matters: A, B, R, 2 the . A, B, E.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 117
For private baptism by women or lay persons, tbe best divines
do utterly condemn it, and I hear it not generally defended ;
and I have often marvelled, that when 1 the book in the preface
to public baptism doth acknowledge that baptism in the practice
of the primitive Church was anniversary, 2 and but at set and 3
certain times, which sheweth that the primitive Church did not
attribute so much to the ceremony as they would break an out-
ward and general order for it, the book should afterwards allow
of private Baptism, as if the ceremony were of that necessity, as
the very Institution which committed Baptism only to the
ministers should be broken in regard of the supposed necessity.
And therefore this point of all others I think was but a Conces-
sum propter duritiem cordis.
For the form of celebrating matrimony, the ring seemeth to
many even of viilgar sense and understanding a ceremony not
grave, specially to be made (as the words make it) the essential
part of the action ; besides, some other of the words are noted
in common speech 4 to be not so decent and fit.
For music in churches, That there should be singing of psalms
and spiritual songs is not denied. So the question is de modo ;
wherein if a man will look attentively into the order and obser-
vance 5 of it, it is easy to discern between the wisdom of the insti-
tution and the excess of the later 6 times. For first, there are no
songs or verses sung by the quire, which are not supposed by
continual use to be so familiar with the people, as they have
them without book, whereby the sound hurteth not the under-
standing, and those which cannot read upon the book, are yet
partakers of the sense and may follow it with their mind. So
again, after the reading of the word of God, 7 it was thought fit
there should be pause 8 for holy meditation, before they proceeded
to the rest of the service ; which pause was thought fit to be
filled rather with some grave sound, than with a still silence,
which was the reason of the playing upon the organs after the
scriptures read. All which was decent and tending to edifica-
tion. But then the curiosity of division and reports and other
figures of music, hath 9 no affinity with the reasonable service of
God, but were added in the more pompous times.
1 where : A, R. 2 omniversarie: A. 3 set and, om. R.
1 //; speech: A, B, R. common inserted in MS. in Bacon's hand.
5 observation -. R. 6 late : A, B, R. 7 of God, om. R.
8 some pause, A, B, R. 9 hare: A, B, R. Corrected in the MS.
118 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
For the cap and surplice, since they be things in their nature
indifferent and yet by some held superstitious, so 1 that the
question is between science and conscience, it seems to fall
within the compass of the Apostle's rule, which is, that the
stronger do descend and yield to the weaker. Only the dif-
ference is, that it will be materially said, that that 3 rule holds
between private man and private man, but not between the con-
science of a private man and the order of a Church. But 3
since the question at this time is of a toleration, not by con-
nivance which may encourage disobedience, but by law which
may give a liberty, it is good again to be advised whether it fall
not within the equity of the former rule ; the rather because the
silencing of ministers by this occasion is (in this scarcity of good
preachers) a punishment that lights upon the people as well as
upon the party.
And for the subscription, it seemeth to be* in the nature of a
confession, and therefore more proper to bind in the unity of
faith, and to be urged rather for articles of doctrine than for
rites and ceremonies and points of outward government. For
howsoever politic considerations and reasons of state may require
uniformity, yet Christian and divine grounds look chiefly upon
unity.
Touching a Preaching Ministry.
To speak of a learned ministry, it is true that the worthiness
of the pastors and ministers is of all other points of religion the
most summary ; I do not say the greatest, but the most effectual
towards all 5 the rest. But herein to my understanding while
men go on in zeal to hasten this work, they are not aware of as
great or greater inconvenience than that which they seek to
remove. For while they inveigh against a dumb ministry, they
make too easy and too promiscuous an allowance of such as they
account preachers, having not respect enough to years, except
, their gifts be extraordinary ; 6 not respect enough to their learn-
ings in other arts, which are handmaids to divinity; not respect
enough to the gift itself, which many times is none at all. For
1 .and : A, B, R. 2 the . A Bj R 3 But f . A ^ R
4 me : R. * all, om. R.
6 This clause is omitted in A and B. R has Having not respect enough to their
learnings, etc., not respect enough to years except it be in case of extraordinary
gift ; not respect enough, etc.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 119
God forbid, that every man that can take unto himself boldness
to speak an hour together in a Church upon a text, should be
admitted for a preacher, though he mean never so well. I know
there is a great latitude in gifts and a great variety in auditories
and congregations, but yet so as there is aliquid infimum below
which you ought not to descend. For you must rather leave
the Ark to shake as it shall please God, than put unworthy
hands to hold it up, and when we are in God's temple, we are
warned rather to put our hands upon our mouth than to offer
the sacrifice of fools. And surely it may be justly thought, that
amongst many causes of Atheism which are miserably met in
our age, as schisms and controversies, profane scoffing in holy
matters, and others, it is not the least that divers do adventure
to handle the word of God which are unfit and unworthy. And
herein I would have no man mistake me, as if I did extol curious
and affected preaching, which is as much on the other side to be
disliked, and breeds atheism and scandal as well as the other
(for who would not be offended at one that comes into the pulpit
as if he came upon a 1 stage to play parts or prizes ?) neither on
the other side as if I would discourage any who hath any tole-
rable gift.
But upon this point I ground three considerations : whether 2
it were not requisite to renew that good exercise which was
practised in this Church some years and afterwards put down
(by order indeed from the Church, in regard of some abuse
thereof, inconvenient for those times) and yet against the advice
arid opinion of one of the greatest and gravest prelates of this
land, and was commonly called prophesying, which was this :
That the ministers within a precinct did meet upon a week-day
in some principal town, where there was some ancient grave
minister that was president, and an auditory admitted of gentle-
men, or other persons of leisure; then every minister succes-
sively, beginning with the youngest, did handle one and the
same piece 3 of Scripture, spending severally some quarter of an
hour or better, and in the whole some two hours ; and so the
exercise being begun and concluded with prayer, and the presi-
dent giving a text for the next meeting, the assembly was dis-
solved. And this was as I take it a fortnight's exercise ; which in
mine opinion was the best way to frame and train up preachers
l tke.-A, B, R. 2 SoMS. A, B. R. inserts First. * part : R.
120 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
to handle the word of God as it ought to be handled, that hath
been practised. For we see orators have their declamations,
lawyers have their moots, logicians have 1 their sophems ; and
every practice of science hath an exercise of erudition and imita-
tion 2 before men come to the life ; only preaching, which is the
worthiest, and wherein it is most danger to do amiss, wanteth
an introduction, and is ventured 3 and rushed upon at the first.
But unto this exercise of prophecy, 4 I could 5 wish these two
additions: the one, that after this exercise, which is in some
sort public, there were immediately a private meeting of the
same ministers, where they mought brotherly admonish the one
the other, and especially the elder sort the younger, of any thing
that had passed in the exercise in matter or manner unsound or 6
uncomely ; and in a word, mought mutually use such advice,
instruction, comfort, or encouragement, as occasion might mi-
nister, (for public reprehension were to be debarred). The
other addition that I mean is, that the same exercise were used
in the universities for young divines before they presumed to
preach, as well as in the country for ministers. For they have
in some colleges an exercise called a common-place ; which can
in no degree be so profitable, being but the speech of one man
at one time.
And if it be feared that it may be occasion to whet men's
speeches for controversies, it is easily remedied by some strict
prohibition, that matters of controversy tending any way to the
violating or disquieting of 7 the peace of the Church be not
handled or entered into ; which prohibition, in regard there is
ever to be a grave person president or moderator, cannot be
frustrated.
The second consideration is, whether it were not convenient
there should be a more exact probation and examination of
ministers, namely that the Bishops do not ordain alone, but
by advice; and then that the 8 ancient holy orders of the
\j Church might be revived ; by the which the Bishop did ordain
ministers but at four set times of the year, which were called
Quatuor tempora which are now called Ember- weeks : it being
thought fit to accompany so high an action with general fasting
and prayer and sermons, and all holy exercises ; and the names
1 have, om. A, B, R. - initiation : R. 3 Here A has two pages of MS.
* the prophecy : B. R. s would : B, R. 6 and : B, R.
" of, om. R. 8 the, om. R.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 121
likewise of those that were 1 ordained, were published some davs
before their ordination ; to the end exceptions might be taken,
if just cause were.
The third consideration is, that if the case of the Church
of England be, that when 2 a computation is taken of all the
parochian churches, 3 (allowing the union of such as are 4 too
small and adjacent), and again a computation be 5 taken of the
persons who are worthy to be pastors, and if upon the said
account it fall out that there be many more churches than
pastors, then of necessity recourse must be had to one of these
remedies ; either that pluralities be 6 allowed, specially if you can
by permutations make the benefices to be 7 more compatible; or
else 8 there be allowed preachers to have a 9 more general charge,
to supply and serve by turn parishes unfurnished. For that
some churches should be provided of pastors able to teach, and
other wholly destitute, seemeth to me to be against the com-
munion of Saints and Christians, and against the practice of the
primitive Church.
Touching the abuse of Excommunication.
Excommunication is the greatest judgment upon the 10 earth,
being that which is ratified in heaven, and being a precursory or
prelusory judgment to the judgment 11 of Christ in the end of the
world ; and therefore for this to be used unreverently> and to be
made an ordinary process to lackey up and down for fees, how
can it be without derogation to God's honour, and making the
power of the keys contemptible? I know very well the defence
thereof, which hath no great force : That it issues forth, not for
the thing itself, but for the contumacy. I do not deny but this
judgment is, as I said before, of the nature of God's judgment,
of the which it is a model. For as the judgment of God taketh
hold upon the least sin of the impenitent, and taketh not hold
of the greatest sin of the penitent ; 12 so Excommunication may in
case issue upon the smallest offence, and in case not issue upon
I were to be : R. 2 where : B, R. 3 parishes : B.
* were : B, R. * to be : B, R. 6 must be : B, R,
7 to be, om. B, R. 8 or that : R. as : B.
9 Here follow two printed pages in A. 10 the, om. R.
II to the judgment, om. A, B. of the great judgment : R.
12 and taketh no hold of the greatest sin of the convert or penitent : R. The
clause omitted in A and B.
122 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
the greatest. But is this contumacy such a coutumacy as ex-
commuuication is now used for? For the contumacy must be
such, as the party (as far as the eye and wisdom of the Church
can discern) standeth in the state 1 of reprobation and damnation,
as one that for that time seemeth given over to final impenitence. 2
Upon this observation I ground two considerations : the one,
that this censure be restored to the true dignity and use thereof;
which is, that it proceed not but in causes of great weight ; and
that it be decreed, not by any deputy or substitute of the Bishop,
but by the Bishop in person ; and not by him alone, but by the
Bishop assisted. The other consideration is, that in lieu thereof
there be given to the ecclesiastical courts some ordinary process,
with such force and coercion as appertaineth ; that so the dignity
of so high a sentence being retained, and the necessity of a 3 mean
process supplied, the Church may be indeed restored to the an-
cient vigour and splendour. To this purpose, joined with some
other holy and good purposes, was there a bill drawn in parlia-
ment, in the three-and-twentieth year of the reign of the Queen
deceased, which was the gravest parliament that I have known,
and the bill recommended by the gravest counsellor of estate in
parliament, though afterwards it was staid by the Queen's special
commandment, the nature of those times considered.
Touching* the Non-residents and Pluralities.
For Non-residence, except it be in case of necessary absence,
it seemeth an abuse drawn out of covetousness and sloth ; for
that men should live of the flock that they do not feed, or of the
altar at which they do not serve, is a thing can 5 hardly receive
just defence; and to exercise the office of a pastor in matter of
word 6 and doctrine by deputy, 7 is a thing not warranted, as hath
been touched before. The questions in this point do chiefly 6
rise upon the cases of exception and excusation, which shall
be thought sufficient and reasonable, 9 and which not. For the
case of chaplains, let me speak it 10 with your Majesty's pardon,
1 in state : A, B. 2 impenitency : A, B, R.
3 a, om. A, B, R. Interlined in the MS.
4 the, om. R. Here follow two pages of MS. in A.
5 that can : B, R. 6 the word : R. ^ deputies : R.
8 The questions upon this point do arise -. R. The question upon this point doth
chiefly arise : B. 9 reasonable and sufficient : B, R. le that : B, R.
1GU3.] PACIFICATION AND EDIFICATION OF THE CHURCH. 123
and with due reverence towards other peers and great persons
which are by statute privileged, 1 I should think that the attend-
ance used and given in 2 your Majesty's court, and in the houses
and families of their lords, were a juster reason why they should
have no benefice, than why they should be qualified to have
two. For as it standeth with Christian policy that such at-
tendance be in no wise neglected, because the 3 good which en-
sueth thereof to the Church of God may exceed or countervail
that which may follow of their labours in any though never so
large a congregation, so yet 4 it were reasonable that their main-
tenance should honourably and liberally proceed thence where
their labours be employed. Neither are there wanting in the
Church dignities and preferments, not joined with any exact
cure of souls, by which and by the hope of which such attendants
in ordinary (who ought to be, as for the most part they are, of
the best gifts and sort) may be further encouraged and rewarded.
And as for extraordinary attendants, they may very well retain
the grace and countenance of their places and the 5 duties at times
incident thereunto, without discontinuance or non-residence in
their pastoral charges. Next for the case of intending studies
in the universities, it will more easily receive an answer ; for
studies do but serve and tend to the practice of those studies ;
and therefore for that which is most principal and final to be
left undone, for the attending of that which is subservient and
subministrant, seemeth to be against proportion of reason.
Neither do I see but that they proceed right well in all know-
ledge which do couple study with their practice, and do not first
study altogether, and then practise altogether ; and therefore
they may very well study at their benefices. Thirdly, for the
case of the 6 extraordinary service of the Church, as if some pastor
be sent to a general council, or here to the 7 Convocation ; and
likewise 8 for the case of necessity, as in the particular of infir-
mity of body and the like, no man will contradict but that there
may be some substitution for such a time.
But the general case of necessity is the case of pluralities (the
want of pastors and insufficiency of livings considered), posito
that a man doth faithfully and incessantly divide his labours
1 and irith reverence towards the other peers and grave persons, whose chaplain*
by statutes are privileged : R. 2 which chaplains give to : R.
3 that : B, R. 4 yet, om. B, R. * the, om. B, R.
6 the, om. B, R. 7 a : B, R. 8 Here follows another printed page in A.
124 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. ILL
between two cures ; which kind of necessity I come now to speak
of in the handling of pluralities.
For pluralities, in case the number of able ministers were
sufficient, and the value of the 1 benefices were sufficient, then
pluralities were in no sort tolerable. But we must take heed
we desire not contraries ; for to desire that every parish should
be furnished with a sufficient preacher, and to desire that plu-
ralities be forthwith taken away, is to desire things contrary,
considering de facto there are not sufficient preachers for every
parish; whereto add likewise, that there is not sufficient living
and maintenance in many parishes to maintain a preacher, and
it makes the impossibility yet much the greater. The remedies
in rerum natura are but three ; union, permutation, and supply ;
union of such benefices as have the living too small, and the
parish not too great, and are adjacent; Permutation, to make
benefices more compatible, though men be over-ruled to some
loss in changing a better for a nearer ; Supply, by stipendiary 2
preachers to be rewarded with some liberal stipends, to supply
as they may such places which are unfurnished of sufficient
pastors : as Queen Elizabeth, amongst other her Christian 3 acts,
did erect certain of them in Lancashire ; towards which pensions,
I see no reason also 4 but reading ministers, if they have rich
benefices, should be charged.
Touching the provision for sufficient maintenance in the Church.
Touching Church-maintenance, it is well to be weighed what
is jure divino, and what Jure positivo. It is a constitution of the
divine law, whereunto 5 hitman laws cannot derogate, that those
which feed the flock should live of the flock ; that those that
serve at the altar should live o/ 6 the altar ; that those which dis-
pense spiritual things should reap temporal things. Of which it
is also an appendix, that the proportion of this maintenance be
not meagre 7 or necessitous, but plentiful and liberal. So then,
that all the places and offices of the Church have 8 such a dotation
that they may be maintained according to their several degrees,
is a constitution permanent and perpetual. But for the 9 particu-
1 the, om. R. 2 The rest is supplied in MS. in A. 3 gracious : R.
4 also, om. B, R. b from which: R. where-from : B. 6 at : B.
7 small : B, R. 8 be provided of.- R. 9 the om. B, R.
1603.] PACIFICATION AND EDIFICATION OF THE CHURCH. 125
larity of the endowment, whether it shall 1 consist of tithes or
lands or pensions or mixt, it may 2 make a question of convenience,
but no question of precise necessity. Again, that the case of
this 3 Church de facto is such, that there is a want in the Church
patrimony, 4 is confessed. For the principal places, namely the
Bishops' livings, are in some particulars not sufficient, and
therefore enforced to be supplied by toleration of Comraendams,
things in 5 themselves unfit, and ever held of no good report.
But 6 as for the benefices and pastors' places, it is too manifest
that many 7 of them are very weak and penurious. On the
other side, that there was a time when the Church was rather
burdened with superfluity than with lack, that is likewise appa-
rent ; but it is long since, so as the fault was in others, the
want redoundeth to us. Again, that it were to be wished that
iinpropriations were returned to the Church as the most proper
and natural endowment 8 thereof, is a thing likewise wherein
men's judgments will not much vary. Also 9 that it is an impos-
sibility to proceed now either to their resumption or redemption,
is as plain on the other side; for men are stated in them by
the highest assurance of the kingdom, which is act of Parlia-
ment, and the value of them amounteth much above ten sub-
sidies, and the restitution must of necessity pass their hands
in whose hands they are in interest and possession. 10 But of
these things which are manifestly true, to infer and ground some
conclusion. 11 First, for 12 mine own opinion and sense, I must con-
fess (let me speak it with reverence) that all the parliaments since
27 and 31 of K. Henry VIII. which 13 gave away impropriations
from the Church, seem to me to stand in some 14 sort obnoxious
and obliged to God in conscience to do somewhat for the Church,
and 15 to reduce the patrimony thereof to a competency. For
since they have debarred Christ's wife of a great part of her
dowry, it were reason they made her a competent jointure. Next,
to say that impropriations should be only charged, that carrieth
neither possibility nor reason ; Not possibility, for the reasons
1 should: B, R. 2 might, R. 3 the : B, R.
* that there is want in the Church of patrimony : B, R.
5 o/.- R. 6 and: B, R.
7 it is manifest that very many : R. it is manifest that many : B.
8 endowments : R. 9 Nevertheless : R.
10 they noio are in possession or interest : R. in whose hands there w interest
and possession : B. u conclitsions : B, R. 12 in : R.
1:1 who : B, R. 14 .- R. ls and, om. B, R.<.
126 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
touched before ; not reason, because if it be conceived that if any
other person be charged it should be a re-charge or double
charge, inasmuch as he payeth tithes already, that is a thing
mistaken. For it must be remembered, that as the realm gave
tithes to the Church, so the realm hath taken that away again
from the Church and gave them unto the king, as they mought
give their ninth sheaf or eighth sheaf; 1 and therefore the first
gift being evacuated it cannot go in defeasance or discharge
of that perpetual bond, whereby 2 men are bound to maintain
God's ministers, as 3 we see in example, that divers godly and
well-disposed persons do put in ure, who are content 4 to increase
their preachers' livings ; which, though in law it be but a bene-
volence, yet before God it is a conscience. Furder, that im-
propriations should not be somewhat more deeply charged than
other revenues of like value, methinks cannot well be denied,
both in regard of the ancient claim of the Church, and the in-
tention of the first givers; 5 and again because they have passed
in valuation between man and man somewhat at the less rate,
in regard of the said pretences or claim 6 in conscience before
God. But of this point, touching Church-maintenance, I do
not think fit to enter into furder particularity or project, 7 but
reserve the same to a fitter time.
Thus have I in all humbleness and sincerity of heart, to the
best of mine understanding, given your Majesty tribute of my
cares and cogitations in this holy business, so highly tending to
God's glory, your Majesty's honour, and the peace and welfare
of your states, insomuch as I am partly 8 persuaded that the
Papists themselves should not need so much the severity of penal
laws if the sword of the spirit were better edged, by strength-
ening the authority and repressing the abuses in the Church.
To conclude, therefore, 9 renewing my most humble submission of
all that I have said to your Majesty's high wisdom, and again
most humbly craving pardon for any errors committed in this
writing which the same weakness of judgment which suffered me
to commit them would not suffer me to discover, 10 I end with my
1 since again hath given tithes away from the Church unto the King, as they may
give their 8th sheaf or ninth sheaf: R. tenth sheaf or ninth sheaf: B.
wherewith : R. 3 and so : R.
4 persons, not impropriators, are content : R. 5 giver : B, R.
6 pretence or claim of the Church: R. 1 or project, om. B, R.
8 partly, om. B, R. 9 therefore, om. R.
10 that suffered me to commit them would not suffer me to discover them .- R.
1603.] CONFERENCE AT HAMPTON COURT. ]27
devout and fervent prayer to God, that as he hath made your
Majesty the cornerstone in joining your two kingdoms, so you
may be also as a corner-stone to unite and knit together these
differences in the Church of God : To whose heavenly grace and
never erring direction I commend your Majesty's sacred person
and all your doings.
6.
What the King thought of these suggestions we are not directly
informed, but, judging from his subsequent proceedings, I gather
that he generally approved, and was for his own part disposed to act
in the spirit of them. He began by treating the questions at issue
as matters deserving grave consideration ; showed himself ready to
allow any alterations which could be proved to be requisite and
fit ; and with that view invited the leaders of the party which de-
sired alteration to appear and state their case for themselves. If
he had stopped there, playing the part of listener only, and reserv-
ing the expression of his own opinion for after-consideration, I
suppose he could not have done better. His error a characteristic
error, and springing out of what was best in him, considered as a
man was in allowing himself to be drawn personally into disputa-
tion. Even if the case of his opponents had been one which ad-
mitted of a refutation conclusive and unanswerable in itself, it
would have been better not to urge it. The old proverb tells us to
" let losers have their words," and upon the same principle the
authority which can overrule in action should not be too solicitous
to defeat in argument. But in this case there was no hope of
convincing the opponents that they were wrong, and the attempt
was sure to invite opposition and aggravate disappointment. And yet
to let an answerable argument pass unanswered was a piece of for-
bearance to which the scholar-King was not equal ; and in compar-
ing the second day of the Hampton Court conference with the first,
the consequences are traceable very distinctly. On the first day,
when he was taking order with his councillors what changes should
be made, and bad only his own Bishops to dispute with, he seems to
have gone altogether in the direction which Bacon advised, and to
have been disposed to go a good way. Before he had got through
the second, when he was engaged in argument with the dissentient
doctors, he had committed himself to a position which Bacon would
certainly not have approved. " This (said he, in answer to a ques-
tion how far the Church had authority to prescribe ceremonies) is
like Mr. John Black, a beardless boy, who told me, the last con-
ference in Scotland, that he should hold conformity with his Majesty
128 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. III.
in matters of doctrine ; but every man, for ceremonies, was to be left
to his own liberty. But I will have none of that, I will have one
doctrine, one discipline, one religion, in substance and ceremony.
Never speak more on that point how far you are bound to obey." 1
Now Ceremonies, in themselves indifferent, were precisely what the
dissentient party most strained at ; and such declarations as this,
though intended to procure quiet, did in fact warn them that they
must either abandon what they took for points of conscience or seek
for relief elsewhere, and thereby undid the tranquillizing effect of
the concessions which the King was willing to make, and which were
not inconsiderable. What they were it may be convenient to set
down here. For they have a manifest and direct relation to the
preceding paper, and this was the last occasion on which Bacon
went out of his way to interpose in the quarrel ; being ever after
(in conformity with the profession with which he sets out) against
all attempts to unsettle these questions, when they had once been
by the legitimate authority " determined and ordered."
The resolution to have a conference for the consideration and
settlement of them was taken in the summer or early autumn of
1603, and was announced by proclamation on the 24th of October,
on occasion of postponing the meeting (originally fixed for the 1st
of November) till after Christmas. It took place on Saturday, the
14th of January, 1603-4. On the 18th, Dr. Montague, who had
been present, wrote a short and apparently a very fair account of it
in a letter to his mother. 2
" The King assembling only the Lords of his Council and the Bishops,
myself had the favour to be present by the King his command. The
company met, and himself sate in his chair. He made a very admirable
speech, of an hour long at least, . . .
" His M. propounded six points unto them. Three in the Common
Prayer Book, two for the Bishops' jurisdiction, and one for the Kingdom
of Ireland.
" In the Prayer-book he named the General Absolution, the Confirma-
tion of Children, and the Private Baptism by Women. These three were
long disputed between the King and the Bishops. In the conclusion, the
King was well satisfied in the two former, so that the manner might be
changed, and some things cleared. For the Private Baptism, it held three
hours at least ; the King alone disputing with the Bishops, so wisely,
wittily, and learnedly, with that pretty patience, as I think never man
living heard the like. In the end he wan this of them, That it should
only be administered by ministers, yet in private houses, if occasion re-
quired ; and that whosoever else should baptize should be under punish-
ment.
J Fuller. ' Winw. Mem. ii. 13.
1603.] RESULT OF THE HAMPTON COURT CONFERENCE. 129
" For the Commissaries' Courts and the Censures of Excommunication
and Suspension, they shall be mended, and the amendment is referred to
the Lord Chancellor and the Lord Chief Justice. But for their common
and ordinary excommunication for trifles, it shall be utterly abolished.
The fifth point was about the sole jurisdiction of Bishops ; so he gained
that of them, that the Bishops, in ordination, suspension, and degradation,
and such like, they shall ever have some grave men to be assistants with
them in all censures.
" For Ireland, the conclusion was (the King making a most lamentable
description of the state thereof), that it should be reduced to civility,
planted with schools and ministers, as many as could be gotten.
"These things done, he propounded matters whereabout he hoped there
would be no controversy ; as to have a learned ministry, and maintenance
for them as far as might be. And for Pluralities and Non-residences, to
be taken away, or at least made so few as possibly might be."
This was the result of the first day's conference ; which was be-
tween the King and the Bishops ; the other party not being yet ad-
mitted : and from this it would appear that the King had either >
anticipated or adopted most of the suggestions contained in Bacon's
memorial, and was prepared to urge upon the Bishops the adoption
of the principal changes which he recommended.
" On Monday the King called the other party by themselves : made
likewise an excellent oration unto them, and then went to the mutter ;
nobody being present but the Lords of the Council, and Dr. Eeynolds,
Dr. Sparke, Dr. Field, Dr. King, Mr. Chadderton, and Mr. Knewstubbs,
all the Deans that were appointed, and myself.
" They propounded four points : The first, for purity of doctrine.
Secondly, for means to maintain it, as good ministers, etc. Thirdly, the
Courts of Bishops', Chancellors, and Commissaries. Fourthly, the Com-
mon-Prayer book.
" For doctrine, it was easily agreed unto by all. For ministers also :
for jurisdiction likewise.
" For the book of Common-prayer, and subscriptions to it, there was
much stir about all the ceremonies and every point in it. The King
pleaded hard to have good proof against the Ceremonies ; and if they had
either the word of God against them, or good authority, he would remove
them : but if they had no word of God against them, but all authority
for them, being already in the Church, he would never take them away :
For he came not to disturb the State, nor to make innovations, but to
confirm whatever he found lawfully established ; and to amend and correct
what was corrupted by time. They argued this point very long. The
Bishops of Winchester and London, 'who of all the Bishops were present,
laboured this point hard, and divers of the Deans ; but at length the
King undertook them himself, and examined them by the "Word and by
the Fathers. There was not any of them that they could prove to be
VOL. III. K
130 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. III.
against the Word, but all of them confirmed by the Fathers, and that
long before Popery. So that, for the Ceremonies, I suppose nothing will
be altered. And truly the Doctors argued but weakly against them : so
that all wondered they had no more to say against them. So that all that
day was spent in Ceremonies : and I think, themselves being judges, they
were answered fully in everything. At last it was concluded that day
that there should be an uniform translation set out by the King of all the
Bible, and one catechizing over all the realm, and nothing of the Apocry-
pha to be read that is in any sort repugnant to the Scripture ; but to be
still read ; yet as Apocrypha, and not as Scripture j and for any point of
the articles of Eeligion that is doubtful, to be cleared. This was the
second day's work."
It was a day of great honour and triumph for the King at the
.time : and in some respects of very good service : for the point of
purity of doctrine was not in fact so easily settled as Dr. Montague's
report seems to imply : there being a strong attempt to get inserted
into the book of articles " the nine orthodoxal assertions concluded
on at Lambeth :" an attempt which the King resisted with spirit and
firmness, to the great benefit of liberty and promotion of peace in the
Church. And yet it was this day's work that did the mischief, not
the less. The Doctors no doubt found plenty of answers to the
King's arguments as soon as they got home, and plenty of audiences
to appreciate them. But they now knew that there was no hope of
prevailing in those points with the King; if they were to prevail at
all it must be against him. And though it be true, as Fuller re-
marks, that " thenceforward many cripples in conformity were cured
of their former halting therein ; and such who knew not their own
till they knew the King's mind in this matter, for the future quietly
digested the Ceremonies of the Church," it was far otherwise with
those who had learned to regard these points of ceremony as em-
blems and flags of that faith, which except every one do keep whole
and undefiled, without doubt he shall perish everlastingly.
" The third day, which was Wednesday, the King assembled all the
Bishops (the Lords of the Council only being present), and took order
how to have these things executed, which he had concluded ; that it might
not be (as the King said) as smoke out of a tunnel, but substantially
done to remain for ever. So they were debated to whom they might most
fitly be referred, and by them made fit to be hereafter enacted by Parlia-
ment : so all the Bishops and all the Council have their parts given them.
This being donerthe Ministers were called in, Dr. Reynolds and the rest,
and acquainted with what the King had concluded on. They were all
exceedingly well satisfied, but only moved one thing : That those minis-
ters who were grave men and obedient unto the laws, and long had been
1603.] RESULT OF THE HAMPTON COURT CONFERENCE. 131
exempted from the use of ceremonies, might not upon the sudden be
obliged unto them, but have some time given them to resolve themselves
in using or not using them. The King answered, his end being peace, his
meaning was not that any man should be cruel in imposing those matters,
but by time and moderation win all men unto them : Those they found
peaceable, to give some connivency to such, and to use their brethren, as
he had used them, with meekness and gentleness, and do all things to the
edification of God and his Church. So they ended these matters till the
Parliament, and then these matters shall be enacted.
"A Note of such things as shall be reformed.
" 1. The Absolution shall be called the Absolution or General Confes-
sion of Sins.
" 2. The Confirmation shall be called the Confirmation or further exa-
mination of the children's faith.
" 3. The Private Baptism (now by laymen or women used) shall be
called the Private Baptism by the Ministers and Curates only, and all
those questions in that Baptism, that institute it to be done by women,
taken away.
" 4. The Apocrypha, that hath any repugnancy to the canonical Scrip-
tures, to be laid aside ; and other places chosen, which either are expla-
nations of Scripture, or serve best for good life and manners.
"5. The Jurisdiction of Bishops shall be somewhat limited, and to have
either the Dean and Chapter, or some grave ministers assistant unto them,
in ordination, suspension, degrading, etc.
" 6. The Excommunication, as it is now used, shall be taken away both
in name and nature, and a writ out of Chancery shall be framed to punish
the contumacies.
" 7. The Kingdom of Ireland, the borders of Scotland, and all Wales,
to be planted with schools and preachers, as soon as may be.
" 8. As many learned Ministers, and maintenance for them, to be pro-
vided in such places in England where there is want, as can be.
" 9. As few double beneficed men and pluralities as may be ; and those
that have double benefices to maintain Preachers, and to have their livings
as near as may be the one to the other.
" 10. One uniform translation to be made, and only used in all the
Churches of England.
" 11. One Catechism only to be made and used in all places.
" 12. The Articles of Religion to be explained and enlarged, and no
man to teach or read against any of them.
" 13. A care to be had to observe who doth not receive the Communion
once in a year. The Ministers to certify to the Bishops, the Bishops to
the Archbishops, the Archbishops to the King.
" 14. A care had to inhibit Popish books from coming over ; and if they
come over, to be delivered into those men's hands that may give them out
only to persons fit to have them.
" 15. The High Commission to be reformed, and to be reduced to
K 2
132 LETTERS AND LIFE OF FRANCIS BACOX. [CHAP. IV.
higher causes, and fewer persons, and those of more honour and of better
quality."
Such were the immediate results of the conference, as then under-
stood and intended : which, if they had been simply announced as
decisions taken by the King in Council upon consideration of the
complaints and petitions, without any personal disputation, would
in all probability have done a good deal towards the pacification of
controversies and the union of action among the different parties in
the Church. And here the matter, as far as Bacon had anything to
do with it, may be considered as resting for the present.
133
CHAPTER IV.
A.D. 1603. JJTAT. 43.
1.
How little disposition there was to employ Bacon in the business
of the Learned Counsel at this time, is well seen in the fact that his
name does not anywhere appear in connexion with that singular con-
spiracy, or series of conspiracies, which ruffled the otherwise universal
quiet of James's entrance into England : a conspiracy in which so
many representatives of different parties the Catholic priest at open
war with the Jesuits, the ordinary Catholic country gentleman, the
high-couraged Puritan nobleman, the ambitious disappointed cour-
tier, and (strangest of all) the soldier-sailor-statesman distinguished
in peace and war for inveterate enmity to Spain having no common
object to aim at, no pretence to put forward, no injuries to resent, no
adherents to rely upon, but drawn, it seems, only by a common hope
of profiting in their several ways by the chances of confusion,
met together in an insane project for overpowering the government.
As Bacon took no part either in the investigation or the trials, as
he has not left on record so much as an opinion upon any of the
questions at issue, and as the current of affairs was not materially
affected either by the attempt or the proceedings which followed,
I am happily relieved from the duty of attempting to make the his-
tory of it intelligible. It is enough to say here that the main plot
commonly called the ' Priests' plot,' but in which Lord Grey the
Puritan was an accomplice came to the knowledge of the govern-
ment about midsummer, and fell to pieces at once: that before
Christmas the several persons implicated had been tried and found
guilty -. that the Priests, against whom the case was strongest and
clearest, were hanged, and the rest, with general consent and ap-
plause, respited : and that if it had not been for the manner in
which the trial of Ralegh was conducted, for which I think Sir
Edward Coke must be held singly responsible, the whole thing
would have ended there, and produced no further effect, direct or
134 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
indirect. The trial of Ealegh, however, had one very extraordinary
result at the time, and became by a strange accident the cause of a
serious embarrassment long after, with which we shall be more par-
ticularly concerned ; it may be well therefore to add a few words as
to the position in which he was left.
Ealegh had passed his fiftieth year ; had been a brilliant and con-
spicuous figure in various fields of enterprise from his youth ; had
never been conspicuously engaged in actions hostile or offensive to
the people ; had already performed all the deeds (his great literary
work excepted) on which his fame rests ; and yet he had never
been popular; but the contrary. And since his popularity dates
from the day on which he was put upon his trial and made his own
defence, it is natural to suppose that the cause in which he spoke
and suffered was not only good in law but gracious with the people.
This however was by no means the case. He went to his trial a
man so unpopular that he was hooted and pelted on the road ; he
came out an object of general pity and admiration, and has held
his place ever since as one of England's favourite and representa-
tive heroes ; and yet, if we except his gallant bearing and splendid
abilities, (which were no new revelations,) there was nothing in his
case which could have tended either to excite popular sympathy
or command popular respect; nor has anything been discovered
since that enables us to explain his connexion with the plot in a
way at all favourable to his character. By his own showing he had
been in intimate and confidential relations with a man whom nobody
liked or respected, and who was secretly seeking help from the
hated Spaniard in a plot to dispossess James in favour of the Lady
Arabella. By his own admission he had at least listened to an offer
of a large sum of money, certainly Spanish, and therefore presum-
ably in consideration of some service to be rendered to Spain.
And though it is true that we do not know with what purposes he
listened, how much he knew, how far he acquiesced, or what he in-
tended to do, it is impossible to believe that his intentions (whether
treasonable or not) were, or were then supposed to be, either popu-
lar or patriotic. He did not himself attempt to put any such
colour upon his proceedings ; declaring only that he did not know
of the plot in which his confidential friends were engaged. His
blindest advocates have not succeeded in doing it for him. And
those who, though partial, have taken pains to examine and felt
bound to respect the evidence, have scarcely succeeded even in be-
lieving him innocent. Among the students of his life in recent
times there has been none more truly desirous to find heroic vir-
tue in all his aims and actions than Mr. Macvey Napier: yet in
1603.] RALEGH'S TRIAL AND DEFENCE. 135
endeavouring to explain his connexion with Lord Cobham, as dis-
closed in the course of this trial, he is driven to suspect him of a
design so far from heroic in itself that it is hard to understand
how it could find place in a mind in which the heroic element pre-
dominated.
" Old Major Stansby of .... Hants," says Aubrey, " a most in-
timate friend and neighbour and coetanean of the late Earl of South-
ampton (Ld. Treas.) told me from his friend the Earl, that as to the
plot and business about the Ld. Cobham, &c., he [Ealegh] being
then governor of Jersey, would not fully or &c. [sic] unless they
would go to his island; and that really and indeed Sir Walter's
purpose was, when he had gotten them there, to have betrayed them
and the plot, and so have delivered them up to the ting, and made
his peace." 1
To this report Mr. Napier refers us, 2 after an elaborate discussion
of the evidence, as containing the explanation of Ealegh's connexion
with the plot which he seems inclined to accept as upon the whole
most probable. And it must be admitted that of the difficulties
which his case presents one at least would be removed by it. Had
his case been clear, it is incredible to me that, with such a head, such
a heart, and such a tongue, he would have left it so ambiguous that
a worshipper of his memory is driven to a conjecture like this. But
if the conjecture be true if it be possible to suppose that he had
been really inviting his friend's confidence with the intention of be-
traying it 3 that difficulty vanishes. Upon that supposition we may
say that he purposely left the case dark, because he knew it would
not bear the light : and if so, his handling of it so as to produce
such a wonderful revolution of popular opinion in his own favour
must surely be regarded as one of the most surprising feats of auda-
city and genius that the wit of man ever achieved.
I quote this however not as an explanation satisfactory to myself,
but only as evidence that the case was and is still thought to require
explanation : for beyond this the report is of little or no value. It
proves only that Ealegh's famous defence left people to wonder and
guess how far and in what way he was really implicated ; and that
this was one of the guesses in circulation half a century after.
But though the question of his guilt or innocence remains doubt-
ful, and the verdict of the Jury (who were better acquainted with the
evidence than their outside critics, whose judgment was formed
1 Aubrey's Lives, iii. p. 516. * Edin. Rev., April, 18-40, p. 63.
:t Napier's own version of Aubrey's story is, " that Ralegh's intention really was
to inveigle Cobham to Jersey, and then, having got both him and his Spanish
treasure in his power, to make terms with the King."
136 LETTERS AND LIFE OP FRANCIS BACON. [CHAP. IV.
upon very imperfect reports for no official statement was published)
may for anything we know have been substantially just, the conduct
of the trial cannot be defended. The unfair advantages insisted on
by the Attorney General on behalf of the Crown, and allowed by the
Judges, turned by a natural reaction to the great disadvantage of
the Crown in the court of popular opinion, and left a blot in the
tables which imperilled the whole game, and the effect of which was
felt long afterwards as we shall see in due time. For the present,
Ealegh remained a prisoner in the- Tower; respited, not pardoned;
still under attainder for High Treason, and therefore, as the Law
phrased it, "civilly dead" a man who, being alive in fact, was still
capable of committing new crimes and offences, but being dead in
law, was not capable of being " drawn in question judicially " l for
any crime or offence he might afterwards commit : a man, in short,
to whom Justice was thenceforward forbidden by Law.
In all this, Bacon, though no doubt an earnest and anxious ob-
server, had no part as actor, adviser, or reporter. He came in for a
share in the subsequent embarrassment, but was no way concerned
in preparing the materials out of which it grew.
Neither do I find that he had anything to do with the negotia-
tions which ended not long after in the treaty of peace with Spain :
a treaty of which the policy was and is disputed, but the considera-
tion does not concern my subject.
2.
To this period however belongs one other paper of great import-
ance, to which I have already had frequently to refer ; a paper very
interesting to me, as being one of those by which I was first at-
tracted long ago to the study of Bacon's personal character and
history, and which grows in interest as the case is better under-
stood. The exact date of the composition I do not know ; further
than that the earliest printed copy bears 1604 on its title-page. If
printed early in 1604, here is its proper place ; and here at any
rate it will come in most conveniently.
If the popular disapprobation excited at the time by Bacon's con-
duct towards the Earl of Essex was as great and as universal as it is
usually assumed to have been by modern writers, it seems strange
that proofs of the fact should not be more abundant. I believe
however that the only contemporary witness who can be cited to
1 Draft, in Coke's hand, of a letter to the King concerning the form and manner
of proceeding against Sir Walter Ralegh : Oct. 18, 1618. Lambeth MSS. Gib.
Pap. Tiii. 21.
1603.] BACON'S APOLOGY. 137
prove the existence of any disapprobation at all, is Bacon himself;
and though his evidence proves conclusively that disapprobation
had been expressed, the absence or silence of other witnesses proves
almost as'conclusively that it had not been expressed very generally
or very loudly.
Such as it was, it had grown out of misinformation as to the part
which he had really taken in the matter. For when Essex on his
return from Ireland was committed to custody, those of his friends
who, not knowing the circumstances, could not otherwise account
for his loss of favour, naturally imputed it to the influence of some
enemy at Court ; and as the news ran that " all the Lords were in
this matter his friends, for all spoke for him," 1 while of Bacon it
was only known that he was at that time frequently admitted to
speech with the Queen, their suspicion not unnaturally fell upon
him ; and a suspicion in such cases soon becomes a rumour. Now a
rumour of this kind could not be satisfactorily met without the dis-
closure of confidential conversations in which others were concerned.
It was allowed accordingly to prevail, and produced its natural effect.
" Pity in the common people, if it run in a strong stream, doth
ever cast up scandal and envy ;" 2 and the pity which ran so strongly
in favour of Essex had cast up scandal and envy against Bacon.
From the duty of bearing it in silence he was now by the death of
the Queen partly released : he could now judge for himself what
and how much he was at liberty to disclose of that which had passed
between them. "Whether any particular occasion impelled him to
speak at this time any revival of the calumny (such as James's
supposed partiality for Essex and his open favour towards the sur-
viving members of the party would naturally encourage), or some
expression which may possibly have fallen from the Earl of South-
ampton upon his offer of congratulation or whether it was merely
that he wished to take the earliest opportunity of clearing iimself
from a painful and undeserved imputation I cannot say : for no
record remains to shew what was said of him, or when, or by whom,
except what may be collected from the terms of his answer. But
the time was in one respect very convenient. For Lord Moutjoy,
who was cognisant of the whole case those parts of it which could
not yet be made public as well as the rest was now in England and
in high reputation, newly created Earl of Devonshire and Lord
Lieutenant of Ireland. He had been deeply involved in some of
Essex's most secret intrigues, 3 and had only escaped the consequences
1 Sydney Papers, ii. 156. 2 Hist, of Hen. VII. Works, VI. p. 203.
3 See Vol. II. pp. 167, 170. The fact that Montjoy had been implicated to an
extent which he felt to be dangerous, is fully confirmed by Fyncs Moryson's
138 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
through a bold connivance on the Queen's part ; who wanted his
service and felt that she could trust him, and made him under-
stand that she meant to be ignorant of what had passed. No man
could be less suspected of an inclination to judge Bacon's conduct
too favourably. No man was so little likely to be deceived by a
false story ; nor was any man, on the other hand, so well qualified to
understand the full meaning of the true story in those parts where
the meaning could not yet be fully explained. To him, therefore,
as to the best and fairest representative of the party by whom he
was censured or suspected, Bacon now addressed a letter of explana-
tion ; which I leave to speak for itself; premising only that the object
of it is, not to justify himself for neglecting the duties which in the
common understanding of the world a man owes to his benefactor,
but to show that he had to the best of his judgment and ability dis-
charged them ; up to the time when it became impossible to take his
part further without betraying duties still more sacred. And if he
does not enter into a formal vindication of the part he took at and
after the trial, his motive may be easily conjectured. He could not
have done it without repeating the story of Essex's offence, at a
time when it would have served no higher object than the clearing
of his own reputation.
account of his proceedings upon the news of Essex's insurrection and apprehen-
sion. " The same two and twentieth of February, his Lordship received a packet
out of England, by which he understood that the Earl of Essex was committed
to the Tower for treason ; which much dismayed him and his nearest friends, and
wrought strange alteration in him. For whereas before he stood upon terms of
honour with the Secretary, now he fell flat to the ground, and insinuated himself
into inward love, and to an absolute dependency with the Secretary ; so as for a
time he estranged himself from two of his nearest friends, for the open declaration
they had made of dependency on the Earl of Essex ; yet rather covering than
extinguishing his good affection to them. It is not credible that the influence of
the Earl's malignant star should work upon so poor a snake as myself, being almost
a stranger to him, yet my nearness in blood to one of his Lordship's abovenamed
friends made it perhaps seem to his Lordship improper to use my service in such
nearness as his Lordship had promised and begun to do. So as the next day he
took his most secret papers out of my hand ; yet giving them to no other, but
keeping them in his own cabinet. ... In truth his Lordship had good cause to be
wary in his words and actions, since by some confessions in England, himself was
tainted with privity to the Earl's practices ; so that however he continued still to
importune leave to come over, yet no doubt he meant nothing less, but rather (if
he had been sent for) was purposed with his said friends to sail into France, they
having privately fitted themselves with money and necessaries thereunto. For
howsoever his Lordship were not dangerously engaged therein, yet he was (as he
privately professed) fully resolved not to put his neck under the file of the Queen's
Attorney's tongue." Itinerary, part ii. book i. c. 2, p. 89.
SIR FRANCIS BACON HIS APOLOGIE,
IN
CERTAINE IMPUTATIONS
CONCEBNINO
THE LATE EARLE OF ESSEX.
WEITTEN TO
THE EIGHT HONORABLE HIS VERY GOOD LORD, THE
EARLE OF DEVONSHIRE,
LORD LIEUTENANT OF IRELAND.
LONDON :
PRINTED FOR FELIX NORTON, AND ARE TO BE SOLD IN PAUL'S CHURCHYARD
AT THE SIGNE OF THE PABOT.
1604.
141
TO THE RIGHT HONOURABLE HIS
VEET GOOD LOED THE EAEL OF DEVONSHIEE,
LOUD LIEUTENANT OF IRELAND.
IT may please your good Lordship : I cannot be ignorant, and
ought to be sensible, of the wrong which I sustain in common
speech, as if I had been false or unthankful to that noble but un-
fortunate Earl, the Earl of Essex : and for satisfying the vulgar
sort, I do no so much regard it ; though I love good name, but yet
as an handmaid and attendant of honesty and virtue. For I am
of his opinion that said pleasantly, That it was a shame to him that
was a suitor to the mistress, to make love to the waiting-woman ;
and therefore to woo or court common fame otherwise than it
folknveth upon honest courses, I, for my part, find not myself fit
nor disposed. But on the other side, there is no worldly thing
that concerneth myself which I hold more dear than the good
opinion of certain persons; amongst which there is none I
would more willingly give satisfaction unto than to your Lord-
ship. First, because you loved my Lord of Essex, and there-
fore will not be partial towards me ; which is part of that I de-
sire : next, because it hath ever pleased you to show yourself
to me an honourable friend, and so no baseness in me to seek to
satisfy you : and lastly, because I know your Lordship is excel-
lently grounded in the true rules and habits of duties and mo-
ralities ; which must be they which shall decide this matter :
wherein (my Lord) my defence needeth to be but simple and
brief: namely, that whatsoever I did concerning that action
and proceeding, Avas done in my duty and service to the Queen
and the State ; in which I would not shew myself false-hearted
nor faint-hearted for any man's sake living. For every honest
man, that hath his heart well planted, will forsake his King
142 LETTEES AND LIFE OP FEANCIS BACON. [CHAP. IV.
rather than forsake God, and forsake his friend rather than for-
sake his King ; and yet will forsake any earthly commodity, yea
and his own life in some cases, rather than forsake his friend.
I hope the world hath not forgotten these degrees, else the
heathen saying, Amicus usque ad aras, shall judge them. And
if any man shall say that I did officiously intrude myself into
that business, because I had no ordinary place ; the like may be
said of all the business in effect that passed the hands of the
learned counsel, either of State or Revenues, these many years,
wherein I was continually used. For, as your Lordship may
remember, the Queen knew her strength so well, as she looked
her word should be a warrant; and after the manner of the
choicest princes before her, did not always tie her trust to place,
but did sometime divide private favour from office. And I for
my part, though I was not so unseen in the world but I knew
the condition was subject to envy and peril; yet because I
knew again she was constant in her favours, and made an end
where she began, and specially because she upheld me with
extraordinary access, and other demonstrations of confidence
and grace, I resolved to endure it in expectation of better. But
my scope and desire is, that your Lordship would be pleased
to have the honourable patience to know the truth in some par-
ticularity of all that passed in this cause wherein I had any
part, that you may perceive how honest a heart I ever bare to
my Sovereign and to my Country, and to that Nobleman, who
had so well deserved of me, and so well accepted of my deserv-
ings; whose fortune I cannot remember without much grief.
But for any action of mine towards him, there is nothing that
passed me in my life-time that cometh to my remembrance
with more clearness and less check of conscience; for it will
appear to your Lordship that I was not only not opposite to my
Lord of Essex, but that I did occupy the utmost of my wits,
and adventure my fortune with the Queen to have reintegrated
his, and so continued faithfully and industriously till his last
fatal impatience (for so I will call it), after which day there was
not time to work for him ; though the same my affection, when
it could not work on the subject proper, went to the next, with
no ill effect towards some others, who I think do rather not
know it than not acknowledge it. And this I will assure your
Lordship, I will leave nothing untold that is truth, for any
1603.] APOLOGY CONCERNING THE EAEL OF ESSEX. 143
enemy that I have to add ; and on the other side, I must reserve
much which makes for me, upon many respects of dutv, which
I esteem above my credit : and what I have here set down to
your Lordship, I protest, as I hope to have any part in God's
favour, is true.
It is well known, how I did many years since dedicate my
travels and studies to the use and (as I may term it) service of
iny Lord of Essex, which, I protest before God, I did not,
making election of him as the likeliest mean of mine own ad-
vancement, but out of the humour of a man, that ever, from
the time I had any use of reason (whether it we're reading upon
good books, or upon the example of a good father, or by nature)
I loved my country more than was answerable to my fortune,
and I held at that time my Lord to be the fittest instrument to
do good to the State ; and therefore I applied myself to him in
a manner which I think happeneth rarely amongst men : for I
did not only labour carefully and industriously in that he set
me about, whether it were matter of advice or otherwise, but
neglecting the Queen's service, mine own fortune, and in a sort
my vocation, I did nothing but devise and ruminate with myself
to the best of my understanding, propositions and memorials of
any thing that might concern his Lordship's honour, fortune, or
service. And when not long after I entered into this course,
my brother Master Anthony Bacon came from beyond the seas,
being a gentleman whose ability the world taketh knowledge of
for matters of State, specially foreign, I did likewise knit his
service to be at my Lord's disposing. And on the other side,
1 must and will ever acknowledge my Lord's love, trust, and fa-
vour towards me; and last of all his liberality, having infeoffed
me of land which I sold for eighteen hundred pounds to Master
Reynold Nicholas, and I think was more worth, and that at
such a time, and with so kind and noble circumstances, as the
manner was as much as the matter; which though it be but an
idle digression, yet because I am not willing to be short in com-
memoration of his benefits, I will presume to trouble your Lord-
ship with relating to you the manner of it. After the Queen
had denied me the Solicitor's place, for the which his Lordship
had been a long and earnest suitor on my behalf, it pleased him
to come to me from Richmond to Twicknam Park, and brake
with me, and said : Master Bacon, the Queen hath denied me
LETTERS AND LIFE OF FBANCIS BACON. [CHAP. IY.
yon place for you, and hath placed another ; I know you are the
least part of your own matter, but you fare ill because you have
chosen me for your mean and dependance ; you have spent your
time and thoughts in my matters ; I die (these were his very
words) if I do not somewhat towards your fortune : you shall
not deny to accept a piece of land which I will bestow upon you.
My answer I remember was, that for my fortune it was no great
matter ; but that his Lordship's offer made me call to mind what
was wont to be said when I was in France of the Duke of Guise,
that he was the greatest usurer in France, because he had turned
all his estate into obligations : meaning that he had left himself
nothing, but only had bound numbers of persons to him. Now
my Lord (said I) I would not have you imitate his course, nor
turn your state thus by great gifts into obligations, for you will
find many bad debtors. He bade me take no care for that, and
pressed it : whereupon I said : My Lord, I see I must be your
homager, and hold land of your gift; but do you know the
manner of doing homage in law ? always it is with a saving of
his faith to the King and his other Lords; and therefore, my
Lord (said I), I can be no more yours than I was, and it must
be with the ancient savings : and if I grow to be a rich man,
you will give me leave to give it back to some of your unre-
warded followers. But to return : sure I am (though I can ar-
rogate nothing to myself but that I was a faithful remembrancer
to his Lordship) that while I had most credit with him his for-
tune went on best. And yet in two main points we always
directly and contradictorily differed, which I will mention to
your Lordship, because it giveth light to all that followed. The
one was, I ever set this down, that the only course to be held
with the Queen, was by obsequiousness and observance ; and I
remember I would usually gage confidently, that if he would
take that course constantly, and with choice of good particulars
to express it, the Queen would be brought in time to Assuerus
question, to ask, What should be done to the man that the King
would honour : meaning, that her goodness was without limit,
where there was a true concurrence ; which I knew in her na-
ture to be true. My Lord on the other side had a settled
opinion, that the Queen coulcl be brought to nothing but by a
kind of necessity and authority ; and I well remember, when
by violent courses at any time he had got his will, he wotild
1603.] APOLOGY CONCEENING THE EARL OF ESSEX. 145
ask me : Now Sir, whose principles be true ? and I would again
say to him : My Lord, these courses be like to hot wafers, they
will help at a pang ; but if you use them, you shall spoil the
stomach, and you shall be fain still to make them stronger and
stronger, and yet in the end they will lesse their operation ; with
much other variety, wherewith I used to touch that string.
Another point was, that I always vehemently dissuaded him from
seeking greatness by a military dependance, or by a popular
dependance, as that which would breed in the Queen jealousy,
in himself presumption, and in the State perturbation : and I
did usually compare them to Icarus' two wings which were joined
on with wax, and would make him venture to soar too high,
and then fail him at the height. And I would further say unto
him ; My Lord, stand upon two feet, and fly not upon two wings.
The two feet are the two kinds of Justice, commutative and dis-
tributive : use your greatness for advancing of merit and virtue,
and relieving wrongs and burdens ; you shall need no other art
or fineness : but he would tell me, that opinion came not from
my mind but from my robe. But it is very true that I, that
never meant to enthral myself to my Lord of Essex, nor any
other man, more than stood with the public good, did (though I
could little prevail) divert him by all means possible from courses
of the wars and popularity : for I saw plainly the Queen must
either live or die ; if she lived, then the times would be as in the
declination of an old prince ; if she died, the times would be as
in the beginning of a new; and that if his Lordship did rise too
fast in these courses, the times might be dangerous for him, and
he for them. Nay, I remember 1 was thus plain with him upon
his voyage to the Islands, when I saw every spring put forth
such actions of charge and provocation, that I said to him : My
Lord, when I came first unto you, I took you for a physician
that desired to cure the diseases of the State; but now I doubt
you will be like those physicians which can be content to keep
their patients low, because they would always be in request :
which plainness he nevertheless took very well, as he had an ex-
cellent ear, and was patientissimus veri, and assured me the case
of the realm required it : and 1 think this speech of mine, and
the like renewed afterwards, pricked him to write that Apology
which is in many men's hands.
But this difference in two points so main and material, bred
VOL. III. L
146 LETTERS AND LIFE OF FEANCIS BACON. [CHAP. IV.
in process of time a discontinuance of privateness (as it is the
manner of men seldom to communicate where they think their
courses not approved) between his Lordship and myself; so as
I was not called nor advised with, for some year and a half be-
fore his Lordship's going into Ireland, as in former time : yet
nevertheless touching his going into Ireland, it pleased him ex-
pressly and in a set manner to desire mine opinion and counsel.
At which time I did not only dissuade, but protest against his
going, telling him with as much vehemency and asseveration as
I could, that absence in that kind would exulcerate the Queen's
mind, whereby it would not be possible for him to carry himself
so as to give her sufficient contentment ; nor for her to carry
herself so as to give him sufficient countenance : which would be
ill for her, ill for him, and ill for the State. And because I would
omit no argument, I remember I stood also upon the difficulty
of the action ; setting before him out of histories, that the Irish
was such an enemy as the ancient Gauls, or Britons, or Germans
were, and that we saw how the Romans, who had such discipline
to govern their soldiers, and such donatives to encourage them,
and the whole world in a manner to levy them ; yet when they
came to deal with enemies which placed their felicity only in
liberty and the sharpness of their sword, and had the natural
and elemental advantages of woods, and bogs, and hardness of
bodies, they ever found they had their hands full of them ; and
therefore concluded, that going over with such expectation as he
did, and through the churlishness 1 of the enterprize not like to
answer it, would mightily diminish his reputation : and many
other reasons I used, so as I am sure I never in any thing in my
life-time dealt with him in like earnestness by speech, by writing,
and by all the means I could devise. For I did as plainly see
his overthrow chained as it were by destiny to that journey, as
it is possible for any man to ground a judgment upon future
contingents. But my Lord, howsoever his ear was open, yet
his heart and resolution was shut against that advice, whereby
his ruin might have been prevented. After my Lord's going, I
saw how true a prophet I was, in regard of the evident altera-
tion which naturally succeeded in the Queen's mind ; and there-
upon I was still in Avatch to find the best occasion that in the
weakness of my power I could either take or minister, to pull
1 cnrlishnesa, in orig.
1603.] APOLOGY CONCERNING THE EARL OF ESSEX. 147
him out of the fire if it had been possible : and not long after,
methought I saw some overture thereof, which I apprehended
readily ; a particularity I think be 1 known to very few, and the
which I do the rather relate unto your Lordship, because I hear
it should be talked, that while my Lord was in Ireland I revealed
some matter against him, or I cannot tell what; which if it
were not a mere slander as the rest is, but had any though
never so little colour, was surely upon this occasion. The Queen
one day at Nonesuch, a little (as I remember) before CufiVs
coming over, I attending her, shewed a passionate distaste of
my Lord's proceedings in Ireland, as if they were unfortunate,
without judgment, contemptuous, and not without some private
end of his own, and all that might be, and was pleased, as she
spake of it to many that she trusted least, so to fall into the like
speech with me; whereupon I, who was still awake and true to
my grounds which I thought surest for my Lord's good, said to
this effect : Madam, I know not the particulars of estate, and I
know this, that Princes' actions must have no abrupt periods or
conclusions, but otherwise I would think, that if you had my
Lord of Essex here with a white staff in his hand, as my Lord of
Leicester had, and continued him still about you for society to
yourself, and for an honour and ornament to your attendance
and Court in the eyes of your people, and in the eyes of foreign
Embassadors, then were he in his right element : for to discon-
tent him as you do, and yet to put arms and power into his
hands, may be a kind of temptation to make him prove cum-
bersome and unruly. And therefore if you would imponere
bonam clausulam, and send for him and satisfy him with honour
here near you, if your affairs which (as I have said) I am not
acquainted with, will permit it, I think were the best way.
Which course, your Lordship knoweth, if it had been taken,
then all had been well, and no contempt in my Lord's coming
over, nor continuance of these jealousies, which that employ-
ment of Ireland bred, and my Lord here in his former greatness.
Well, the next news that I heard was, that my Lord was come
over, and that he was committed to his chamber for leaving
Ireland without the Queen's licence: this was at Nonesuch,
where (as my duty was) I came to his Lordship, and talked with
him privately about a quarter of an hour, and he asked mine
1 So in orig.
L 2
148 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
opinion of the course was taken with him ; I told him, My
Lord, Nubecula est, cito transibit ; it is but a mist : but shall I
tell your Lordship, it is as mists are, if it go upwards, it may
haps cause a shower, if downwards, it will clear up. And there-
fore good my Lord carry it so, as you take away by all means
all umbrages and distastes from the Queen ; and specially, if I
were worthy to advise you (as I have been by yourself thought,
aud now your question imports the continuance of that opinion)
observe three points : First, make not this cessation or peace
which is concluded with Tyrone, as a service wherein you glory,
but as a shuffling up of a prosecution which was not very for-
tunate. Next, represent not to the Queen any necessity of
estate, whereby, as by a coercion or wrench, she should think
herself inforced to send you back into Ireland, but leave it to
her. Thirdly, seek access importune, opportune, seriously, sport-
ingly, every way. I remember my Lord was willing to hear
me, but spake very few words, and shaked his head sometimes,
as if he thought I was in the wrong ; but sure I am, he did just
contrary in every one of these three points. After this, during
the while since my Lord M'as committed to my Lord Keeper's,
I came divers times to the Queen, as I had used to do, about
causes of her revenue and law business, as is well known ; by
reason of which accesses, according to the ordinary charities of
Court, it was given out that I was one of them that incensed
the Queen against my Lord of Essex. These speeches, I cannot
tell, nor I will not think, that they grew any way from her Ma-
jesty's own speeches, whose memory I will ever honour; if they
did, she is with God, and miserum est ab illis l<edi, de quibus
non possis queri. But I must give this testimony to my Lord
Cecil, that one time in his house at the Savoy he dealt with me
directly, and said to me, Cousin, I hear it, but I believe it not,
that you should do some ill office to my Lord of Essex ; for my
part I am merely passive and not active in this action, and I
follow the Queen and that heavily, and I lead her not; my
Lord of Essex is one that in nature I could consent with as well
as with any one living ; the Queen indeed is my Sovereign, and
I am her creature, I may not leese her, and the same course I
would wish you to take : whereupon I satisfied him how far I
was from any such mind. And as sometimes it cometh to pass,
that men's inclinations are opened more in a toy, than in a
1603.] APOLOGY CONCERNING- THE EARL OF ESSEX. 149
serious matter : A little before that time, being about the middle
of Michaelmas term, her Majesty had a purpose to dine at my
lodge at Twicknam Park, at which time I had (though I profess
not to be a poet) prepared a sonnet directly tending and alluding
to draw on her Majesty's reconcilement to my Lord, which I
remember alsa I shewed to a great person, and one of my Lord's
nearest friends, who commended it : this, though it be (as I
said) but a toy, yet it shewed plainly in what spirit I proceeded,
and that I was ready not only to do my Lord good offices, but
to publish and declare myself for him : and never was so ambi-
tious of any thing in my life-time, as I was to have carried some
token or favour from her Majesty to my Lord ; using all the art
I had, both to procure her Majesty to send, and myself to be
the messenger : for as to the former, I feared not to allege to
her, that this proceeding toward my Lord was a thing towards the
people very implausible ; and therefore wished her Majesty, how-
soever she did, yet to discharge herself of it, and to lay it upon
others ; and therefore that she should intermix her proceeding
Avith some immediate graces from herself, that the world might
take knowledge of her princely nature and goodness, lest it
should alienate the hearts of her people from her. Which I did
stand upon, knowing very well that if she once relented to send
or visit, those demonstrations would prove matter of substance for
my Lord's good. And to draw that employment upon myself,
I advised her Majesty, that whensoever God should move her to
turn the light of her favour towards my Lord, to make signifi-
cation to him thereof, that her Majesty, if she did it not in
person, would at the least use some such mean as might not
intitle themselves to any part of the thanks, as persons that
were thought mighty with her, to work her, or to bring her
about ; but to use some such as could not be thought but a mere
conduct of her own goodness : but I could never prevail with
her, though I am persuaded she saw plainly whereat I levelled ;
but she had me in jealousy, that I was not hers intirely, but
still had inward and deep respects towards my Lord, more
than stood at that time with her will and pleasure. About the
same time I remember ail answer of mine in a matter which
had some affinity with my Lord's cause, which though it grew
from me, went after about in others' names. For her Majesty
being mightily incensed with that book which was dedicated to
150 LETTEKS AND LIFE OF FKANCIS BACON. [CHAP. IV.
my Lord of Essex, being a story of the first year of King Henry
the fourth, thinking it a seditious prelude to put into the
people's heads boldness and faction, said she had good opinion
that there was treason in it, and asked me if I could not find
any places in it that might be drawn within case of treason :
whereto I answered : for treason surely I found none, but for
felony very many. And when her Majesty hastily asked me
wherein, I told her the author had committed very apparent
theft, for he had taken most of the sentences of Cornelius
Tacitus, and translated them into English, and put them into his
text. And another time, when the Queen would not be per-
suaded that it was his writing whose name was to it, but that
it had some more mischievous author, and said with great in-
dignation that she would have him racked to produce his author,
I replied, Nay Madam, he is a Doctor, never rack his person,
but rack his stile; let him have pen, ink, and paper, and help of
books, and be enjoined to continue the story where it breaketh
off, and I will undertake by collecting 1 the stiles to judge
whether he were the author or no. But for the main matter,
sure I am, when the Queen at any time asked mine opinion of
my Lord's case, I ever in one tenour said unto her ; That they
were faults which the law might term contempts, because they
were the trangression of her particular directions and instruc-
tions : but then what defence might be made of them, in regard
of the great interest the person had in her Majesty's favour ;
in regard of the greatness of his place, and the ampleness of
his commission ; in regard of the nature of the business, being
action of war, which in common cases cannot be tied to strict-
ness of instructions; in regard of the distance of place, having
also a sea between, that demands and commands must be sub-
ject to wind and weather; in regard of a counsel of State in
Ireland which he had at his back to avow his actions upon ;
and lastly, in regard of a good intention that he would allege
for himself, which I told her in some religions was held to be
a sufficient dispensation for God's commandments, much more
for Princes' : in all these regards, I besought her Majesty to be
advised again and again, how she brought the cause into any
public question: -nay, 1 went further, for I told her, my Lord
was an eloquent and well-spoken man, and besides his eloquence
1 So in orig.
1603.] APOLOGY CONCERNING THE EAEL OF ESSEX. 151
of nature or art, he had an -eloquence of accident which passed
them both, which was the pity and benevolence of his hearers ;
and therefore that when he should come to his answer for him-
self, I doubted his words would have so unequal passage above
theirs that should charge him, as would not be for her Ma-
jesty's honour; and therefore wished the conclusion might be,
that they might wrap it up privately between themselves, and
that she would restore my Lord to his former attendance, with
some addition of honour to take away discontent. But this I
will never deny, that I did show no approbation generally of
his being sent back again into Ireland, both because it would
have carried a repugnancy with my former discourse, and be-
cause I was in mine own heart fully persuaded that it was not
good, neither for the Queen, nor for the State, nor for himself:
and yet I did not dissuade it neither, but left it ever as locus
lubricus. For this particularity I do well remember, that after
your Lordship was named for the place in Ireland, and not long
before your going, it pleased her Majesty at Whitehall to speak
to me of that nomination : at which time I said to her ; Surely
Madam, if you mean not to employ my Lord of Essex thither
again, your Majesty cannot make a better choice; and was
going on to shew some reason; and her Majesty interrupted
me with great passion : Essex ! (said she) ; whensoever I send
Essex back again into Ireland, I will marry you, claim it of
me : whereunto I said ; Well Madam, I will release that con-
tract, if his going be for the good of your State. Immediately
after the Queen had thought of a course (which was also exe-
cuted) to have somewhat published in the Star-chamber, for
the satisfaction of the world touching my Lord of Essex his re-
straint, and my Lord of Essex not to be called to it, but occasion
to be taken by reason of some libels then dispersed : which when
her Majesty propounded unto me, I was utterly against it ; and
told her plainly, that the people would say that my Lord was
wounded upon his back, and that Justice had her balance taken
from her, which ever consisted of an accusation and defence,
with many other quick and significant terms to that purpose :
insomuch that I remember I said, that my Lord in foro fanue
was too hard for her ; and therefore wished her, as I had done
before, to wrap it up privately. And certainly I oflended her
at that time, which was rare with me : for I call to mind, that
152 LETTEES AND LIFE OF FRANCIS BACON. {CHAP. IV.
both the Christmas, Lent, and Easter term following, though I
came divers times to her upon law business, yet methought her
face and manner was not so clear and open to me as it was at
the first. And she did directly charge me, that I was absent
that day at the Star-chamber, which was very true ; but I al-
ledged some indisposition of body to excuse it : and during all
the time aforesaid, there was altum silentium from her to me
touching my Lord of Essex causes.
But towards the end of Easter term, her Majesty brake with
me, and told me that she had found my words true : for that the
proceeding in the Star-chamber had done no good, but rather
kindled factious bruits (as she termed them) than quenched them,
and therefore that she was determined now for the satisfaction of
the world, to proceed against my Lord in the Star-chamber by
an information ore tenus, and to have my Lord brought to his
answer : howbeit she said she would assure me that whatsoever
she did should be towards my Lord ad castigationem, et non ad
destructionem ; as indeed she had often repeated the same phrase
before : whereunto I said (to the end utterly to divert her)
Madam, if you will have me speak to you in this argument, I
must speak to you as Friar Bacon's head spake, that said first,
Time is, and then Time was, and Time would never be : for cer-
tainly (said I) it is now far too late, the matter is cold and hath
taken too much wind ; whereat she seemed again offended and
rose from me, and that resolution for a while continued ; and after,
in the beginning of Midsummer term, I attending her, and find-
ing her settled in that resolution (which I heard of also otherwise),
she falling upon the like speech, it is true that, seeing no other
remedy, I said to her slightly, Why, Madam, if you will needs
have a proceeding, you were best have it in some such sort as
Ovid spake of his mistress, Est aliquid luce patente minus, to
make a counsel-table matter of it, and there an end ; which speech
again she seemed to take in ill part ; but yet I think it did good
at that time, and holp to divert that course of proceeding by in-
formation in the Star-chamber. Nevertheless afterwards it pleased
her to make a more solemn matter of the proceeding; and some
few days after, when 1 order was given that the matter should be
heard at York-house, before an assembly of Counsellors, Peers,
and Judges, and some audience of men of quality to be admitted,
1 So in orig.
1603.] APOLOGY CONCERNING THE EARL OF ESSEX. 153
and then did some principal counsellors send for us of the learned
counsel, and notify her Majesty's pleasure unto us, save that it
was said to me openly by one of them, that her Majesty was not
yet resolved whether she would have me forborne in the business
or no. And hereupon might arise that other sinister and untrue
speech that I hear is raised of me, how I was a suitor to be used
against my Lord of Essex at that time : for it is very true that I,
that knew well what had passed between the Queen and me, and
what occasion I had given her both of distaste and distrust in
crossing her disposition by standing stedfastly for my Lord of
Essex, and suspecting it also to be a stratagem arising from some
particular emulation, I writ to her two or three words of compli-
ment, signifying to her Majesty, that if she would be pleased to
spare rne in my Lord of Essex cause, out of the consideration
she took of my obligation towards him, I should reckon it for
one of her highest favours ; but otherwise desiring her Majesty
to think that I knew the degrees of duties, and that no parti-
cular obligation whatsoever to any subject could supplant or
weaken that entireness of duty that I did owe and bear to her
and her service; and this was the goodly suit I made, being a
respect that no man that had his wits could have omitted : but
nevertheless I had a further reach in it, for I judged that day's
work would be a full period of any bitterness or harshness between
the Ghieen and my Lord, and therefore if I declared myself fully
according to her mind at that time, which could not do my Lord
any manner of prejudice, I should keep my credit with her ever
after, whereby to do my Lord service. Hereupon the next news
that I heard was, that we were all sent for again, and that her
Majesty's pleasure was, we all should have parts in the business ;
and the Lords falling into distribution of our parts, it was
allotted to me, that T should set forth some undutiful carriage of
my Lord, in giving occasion and countenance to a seditious pam-
phlet, as it was termed, which was dedicated unto him, which was
the book before-mentioned of king Henry the fourth. Where-
upon I replied to that allotment, and said to their Lordships, that
it was an old matter, and had no manner of coherence with the
rest of the charge, being matter of coherence with the rest of the
charge, being matters of Ireland, and therefore that I having been
wronged by bruits before, this would expose me to them more ;
and it would be said I gave in evidence mine own tales. It was
154 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
answered again with good shew, that because it was considered
how I stood tied to my Lord of Essex, therefore that part was
thought fittest for me which did him least hurt; for that whereas
all the rest was matter of charge and accusation, this only was but
matter of caveat and admonition. Wherewith though I was in
mine own mind little satisfied, because I knew well a man were
better to be charged with some faults, than admonished of some
others : yet the conclusion binding upon the Queen's pleasure
directly volens nolens, I could not avoid that part that was laid
upon me ; which part if in the delivery I did handle not tenderly
(though no man before me did in so clear terms free my Lord
from all disloyalty as I did), that, your Lordship knoweth, must
be ascribed to the superior duty I did owe to the Queen's fame
and honour in a public proceeding, and partly to the intention I
had to uphold myself in credit and strength with the Queen, the
better to be able to do my Lord good offices afterwards : for as
soon as this day was past, I lost no time, but the very next day
following (as I remember) I attended her Majesty, fully resolved
to try and put in ure my utmost endeavour, so far as I in my
weakness could give furtherance, to bring my Lord again speedily
into Court and into favour ; and knowing (as I supposed at least)
how the Queen was to be used, I thought that to make her con-
ceive that the matter went well then, was the way to make her
leave off there : and I remember well, I said to her, You have
now Madam obtained victory over two things, which the great-
est princes in the world cannot at their wills subdue ; the one is
over fame, the other is over a great mind : for surely the world
be now, I hope, reasonably well satisfied ; and for my Lord, he
did shew that humiliation towards your Majesty, as I am per-
suaded he was never in his life-time more fit for your favour
than he is now : therefore if your Majesty will not mar it by
lingering, but give over at the best, and now you have made
so good a full point, receive him again with tenderness, I shall
then think that all that is past is for the best. Whereat I re-
member she took exceeding great contentment, and did often
iterate and put me in mind, that she had ever said that her pro-
ceedings should be ad reparafionem and not ad ruinam, as who
saith, that now was the time I should well perceive that that say-
ing of hers should prove true. And further she willed me to set
down in writing all that passed that day. I obeyed her com-
1603.] APOLOGY CONCERNING THE EARL OF ESSEX. 155
mandment, and within some few days brought her again the
narration, which I did read unto her at two several afternoons :
and when I came to that part that set forth my Lord's own
answer (which was my principal care), I do well bear in mind
that she was extraordinarily moved with it, in kindness and re-
lenting towards my Lord, and told me afterwards (speaking how
well I had expressed my Lord's part) that she perceived old love
would not easily be forgotten : ^hereunto I answered suddenly,
that I hoped she meant that by herself. But in conclusion I did
advise her, that now she had taken a representation of the matter
to herself, that she would let it go no further : For Madam (said
I) the fire blazeth well already, what should you tumble it?
And besides, it may please you keep a convenience with yourself
in this case ; for since your express direction was, there should
be no register nor clerk to take this sentence, nor no record or
memorial made up of the proceeding, why should you now do
that popularly, which you would not admit to be done judicially ?
Whereupon she did agree that that writing should be suppressed ;
and I think there were not five persons that ever saw it. But
from this time forth, during the whole latter end of that summer,
while the Court was at Nonesuch and Oatlands, I made it my
task and scope to take and give occasions for my Lord's reinte-
gration in his fortune : which my intention I did also signify to
my Lord as soon as ever he was at his liberty, whereby I might
without peril of the Queen's indignation write to him ; and having
received from his Lordship a courteous and loving acceptation of
my good will and endeavours, I did apply it in all my accesses to
the Queen, which were very many at that time, and purposely
sought and wrought upon other variable pretences, but only and
chiefly for that purpose. And on the other side, I did not for-
bear to give my Lord from time to time faithful advertisement
what I found, and what I wished. And I drew for him by his
appointment some letters to her Majesty, which though I knew
well his Lordship's gift and stile was far better than mine own,
yet because he required it, alleging that by his long restraint he
was grown almost a stranger to the Queen's present conceits, I
was ready to perform it : and sure I am that for the space of six
weeks or two months it prospered so well, as I expected conti-
nually his restoring to his attendance. And I was never better
welcome to the Queen, nor more made of, than when I spake
156 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
fullest and boldest for him : in which kind the particulars were
exceeding many ; whereof, for an example, I will remember to
your Lordship one or two : as at one time, I call to mind, her
Majesty was speaking of a fellow that undertook to cure, or at
least to ease my brother of his gout, and asked me how it went
forwards : and I told her Majesty that at the first he received
good by it, but after in the course of his cure he found himself
at a stay or rather worse : the Queen said again, I will tell you,
Bacon, the error of it : the manner of these physicians, and es-
pecially these empirics, is to continue one kind of medicine, which
at the first is proper, being to draw out the ill humour, but after
they have not the discretion to change their medicine, but apply
still drawing medicines, when they should rather intend to cure
and corroborate the part. Good Lord Madam (said I) how wisely
and aptly can you speak and discern of physic ministered to the
body, and consider not that there is the like occasion of physic
ministered to the mind : as now in the case of my Lord of
Essex, your princely word ever was that you intended ever to
reform his mind, and not ruin his fortune : I know well you can-
not but think that you have drawn the humour sufficiently, and
therefore it were more than time, and it were but for doubt of
mortifying or exulcerating, that you did apply and minister
strength and comfort unto him : for these same gradations of
yours are fitter to corrupt than correct any mind of greatness.
And another time I remember she told me for news, that my
Lord had written unto her some very dutiful letters, and that she
had been moved by them, and when she took it to be the abun-
dance of the heart, she found it to be but a preparative to a suit
for the renewing of his farm of sweet wines : whereunto I replied,
O Madam, how doth your Majesty conster of these things, as if
these two could not stand well together, which indeed nature
hath planted in all creatures. For there but two sympathies,
the one towards perfection, other towards preservation. That
to perfection, as the iron contendeth to the loadstone ; that to
preservation, as the vine will creep towards a stake or prop that
stands by it ; not for any love to the stake, but to uphold itself.
And therefore, Madam, you must distinguish : my Lord's desire
to do you service is as to his perfection, that which he thinks
himself to be born for; whereas his desire to obtain this thing of
you, is but for a sustentation. And not to trouble your Lordship
1G03.] APOLOGY CONCERNING- THE EARL OF ESSEX. 157
with many other particulars like unto these, it was at the self-
same time that I did draw, with my Lord's privity, and by his
appointment, two letters, the one written as from my brother,
the other as an answer returned from my Lord, both to be by me
in secret manner shewed to the Queen, which it pleased my
Lord very strangely to mention at the bar; the scope of which
were but to represent and picture forth unto her Majesty my
Lord's mind to be such as I knew her Majesty would fainest
have had it : which letters whosoever shall see (for they cannot
now be retracted or altered, being by reason of my brother's or
his Lordship's servants' delivery long since comen into divers
hands) let him judge, specially if he knew the Queen, and do re-
member those times, whether they were not' the labours of one
that sought to bring the Queen about for my lord of Essex his
good. The troth is, that the issue of all his dealing grew to this,
that the Queen, by some slackness of my Lord's, as I imagine,
liked him worse and worse, and grew more incensed towards him.
Then she, remembering belike the continual and incessant and
confident speeches and courses that I had held on my Lord's side,
became utterly alienated from me, and for the space of at least
three months, which was between Michaelmas and New-year's-
tide following, would not as much as look on me, but turned away
from me with express and purpose-like discountenance whereso-
ever she saw me ; and at such time as I desired to speak with her
about law-business, ever sent me forth very slight refusals ; inso-
much as it is most true, that immediately after New-year's-tide I
desired to speak with her ; and being admitted to her, I dealt with
her plainly and said, Madam, I see you withdraw your favour from
me, and now that I have lost many friends for your sake, I shall
leese you too : you have put me like one of those that the French-
men call enfans perdus, that serve on foot before horsemen, so
have you put me into matters of envy without place, or without
strength ; and I know at chess a pawn before the king is ever
much played upon ; a great many love me not, because they think
I have been against my Lord of Essex ; and you love me not,
because you know I have been for him : yet will I never repent
me, that 1 have dealt in simplicity of heart towards you both,
without respect of cautions to myself; and therefore vivus vi-
densyue pereo. If I do break my neck, I shall do it in manner
as Master Dorrington did it, which walked on the battlements
158 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
of the church many days, and took a view and survey where he
should fall : and so Madam (said I) I am not so simple but that
I take a prospect of mine overthrow, only I thought I would tell
you so much, that you may know that it was faith and not folly
that brought me into it, and so I will pray for you. Upon which
speeches of mine uttered with some passion, it is true her Majesty
was exceedingly moved, and accumulated a number of kind and
gracious words upon me, and willed me to rest upon this, Gratia
mea sufficit, and a number of other sensible and tender words
and demonstrations, such as more could not be ; but as touching
my Lord of Essex, ne verbum guidem. Whereupon I departed,
resting then determined to meddle no more in the matter ; as
that that I saw would overthrow me, and not be able to do him
any good. And thus I made mine own peace with mine own
confidence at that time ; and this was the last time I saw her
Majesty before the eighth of February, which was the day of my
Lord of Essex his misfortune. After which time, for that I per-
formed at the bar in my public service, your Lordship knoweth
by the rules of duty that I was to do it honestly, and without
prevarication ; but for any putting myself into it, I protest before
God, I never moved neither the Queen, nor any person living,
concerning my being used in the service, either of evidence or
examination ; but it was merely laid upon me with the rest of
my fellows. And for the time which passed, I mean between the
arraignment and my Lord's suffering, I well remember I was but
once with the Queen ; at what time, though I durst not deal
directly for my Lord as things then stood, yet generally I did
both commend her Majesty's mercy, terming it to her as an ex-
cellent balm that did continually distil from her sovereign hands,
and made an excellent odour in the senses of her people ; and
not only so, but I took hardiness to extenuate, not the fact, for
that I durst not, but the danger, telling her that if some base or
cruel-minded persons had entered into such an action, it might
have caused much blood and combustion ; but it appeared well
they were such as knew not how to play the malefactors ; and
some other words which I now omit. And as for the rest of the
carriage of myself in that service, I have many honourable wit-
nesses that can tell, that the next day after my Lord's arraign-
ment, by my diligence and information touching the quality and
nature of the offenders, six of nine were stayed, which otherwise
1603.] APOLOGY CONCERNING THE EARL OF ESSEX. 159
had been attainted, I bringing their Lordships' letter for their
say, after the jury was sworn to pass upon them ; so near it went :
and how careful I was, and made it my part, that whosoever was
in trouble about that matter, as soon as ever his case was suffici-
ently known and defined of, might not continue in restraint, but
be set at liberty ; and many other parts, which I am well assured
of 1 stood with the duty of an honest man. But indeed I will
not deny for the case of Sir Thomas Smith of London, the Queen
demanding my opinion of it, I told her I thought it was as hard
as many of the rest: but what was the reason? because at that
time I had seen only his accusation, and had never been present
at any examination of his ; and the matter so standing, I had
been very untrue to my service, if I had not delivered that opinion.
But afterwards upon a re-examination of some that charged him,
who weakened their own testimony ; and especially hearing him-
self viva voce, I went instantly to the Queen, out of the soundness
of my conscience, and not regarding what opinion I had formerly
delivered, told her Majesty, I was satisfied and resolved in my
conscience, that for the reputation of the action, the plot was to
countenance the action further by him in respect of his place,
than they had indeed any interest or intelligence with him. It
is very true also, about that time her Majesty taking a liking of
my pen, upon that which I had done before concerning the pro-
ceeding at York-house, and likewise upon some other declara-
tions which in former times by her appointment I put in writing,
commanded me to pen that book, which was published for the
better satisfaction of the world ; which I did, but so as never se-
cretary had more particular and express directions and instruc-
tions in every point how to guide my hand in it ; and not only
so, but after that I had made a first draught thereof, and pro-
pounded it to certain principal counsellors, by her Majesty's
appointment, it was perused, weighed, censured, altered, and
made almost a new writing, 2 according to their Lordships' better
consideration; wherein their Lordships and myself both were
as religious and curious of truth, as desirous of satisfaction :
and myself indeed gave only words and form of style in pursuing
their direction. And after it had passed their allowance, it was
again exactly perused by the Queen herself, and some alterations
made again by her appointment : nay, and after it was set to
1 So in orig. anew, writing in orig.
160 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
print, the Queen, who, as your Lordship knoweth, as she was ex-
cellent in great matters, so she was exquisite in small, and noted
that I could not forget my ancient respect to my Lord of Essex, in
terming him ever My Lord of Essex, My Lord of Essex, in almost
every page of the book, which she thought not fit, but would
have it made Essex, or the late Earl of Essex : whereupon of
force it was printed de novo, and the first copies suppressed by
her peremptory commandment. And this, my good Lord, to my
furthest remembrance, is all that passed wherein I had part;
which I have set down as near as I could in the very words and
speeches that were used, not because they are worthy the repeti-
tion, I mean those of mine own ; but to the end your Lordship
may lively and plainly discern between the face of truth and a
smooth tale. And the rather also because in things that passed
a good while since, the very words and phrases did sometimes
bring to my remembrance the matters : wherein I report me to
your honourable judgment, whether you do not see the traces of
an honest man : and had I been as well believed either by the
Queen or by my Lord, as I was well heard by them both, both
my Lord had been fortunate, and so had myself in his fortune.
To conclude therefore, I humbly pray your Lordship to pardon
me for troubling you with this long narration ; and that you will
vouchsafe to hold me in your good opion, till you know I have
deserved, or find that I shall deserve the contrary; and even so
I continue
At your Lordship's honourable commandments very humbly.
FINIS.
1603.] APOLOOY CONCERNING THE EAEL OF ESSEX. 161
This letter was published in a small volume very convenient for
circulation ; and as another impression was issued in the following
year, we may infer that it was circulated widely. It would have
been very interesting to know what was thought and said of it then :
but I can find no news of its reception. I do not remember to have
met with a single allusion to it by any one living and forming his
impressions at the time ; a fact which does not countenance the
notion that it was at the time felt to be unsatisfactory : for an in-
effectual attempt to defend himself against a popular outcry is pretty
sure to make the man more unpopular and the outcry louder. In
later times judgment has been pronounced loudly enough : but later
times have heard only half the case, and formed a conception of
Essex's proceedings, not only partial, but utterly erroneous mis-
taking altogether the meaning and spirit of them, and refusing to
perceive the question of state which they involved. Bacon's
''apology " is indeed as well known by name, and as familiarly re-
ferred to, as any of his occasional writings ; and as evidence of the
facts which it relates, has been treated with due respect : being in-
deed the only authority for more of the circumstances in the story
as now commonly told than readers are perhaps aware. But re-
garded as a justification of his own part in the matter, the popular
judgment of recent times has certainly pronounced it a failure of the
most egregious kind not only failing to justify, but sufficing to
condemn.
Now those who say that it fails of what it aims at must (if they
have read it which I doubt) mean to say that they do not believe
the story which Bacon tells : for what he asserts is that, up to the
day of Essex's insurrection, he not only wished for his restoration to
favour, but used all the influence he had to bring it about : and the
question being whether he acted as a friend or an enemy, the answer
is surely conclusive, if true. To the means which he resorted to for
this purpose exception may be taken in one or two particulars on
other grounds; for he did undoubtedly both advise and practise
some indirect dealing ; and indirect dealing is never justified in prin-
ciple, and only approved in practice when what shall we say?
when employed for a purpose which we approve, and which we per-
ceive to be unattainable by direct dealing. But indirect dealing
employed to serve a friend, however culpable otherwise, is not
" falsehood or unthankfulness " to that friend ; and falsehood or un-
thankfulness to the Earl of Essex was the charge against which he
was defending himself. The question therefore comes simply to this
Is his narrative to be believed ? It is a perfectly fair question,
and must have,, been anticipated and considered by everybody who
VOL. III. M
162 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. IV.
desired to form a fair judgment ; for a story told in a man's own de-
fence about things long past, concerning many of which he is himself
the sole surviving witness, may always be justly suspected of errors
both intentional and unintentional. But then, before I disbelieve
the positive statement of a man whose character for veracity has not
been otherwise forfeited, I want for my own part to know why.
"What reason can anybody give me for refusing my belief to the posi-
tive statements in this letter ? The two passages which may seem
at first sight to be inconsistent with other existing evidence and,
so far as I know, the only two have been quoted at full length in
my own narrative, side by side with the evidence with which they
have been thought inconsistent ;' and as my narrative in both cases
accepts and includes both, I cannot admit the inconsistency. In
other respects it has all the outward appearances of fairness and sin-
cerity. It is full and circumstantial : it is written with a great deal
of feeling : it makes no attempt to throw blame on others, or to de-
preciate his own obligations, or to exaggerate his own services : it
resorts to no special pleading ; indulges in no rhetoric ; merely states
the facts and leaves them to suggest the judgment. What the judg-
ment was, of those to whom he appealed, I cannot (as I said) pro-
duce any positive evidence. But the negative evidence is significant.
" It is not probable," says Lord Macaulay, "that Bacon's defence
had much effect upon his contemporaries. But the unfavourable
impression which his conduct had made appears to have been gra-
dually effaced." From this I infer that Lord Macaulay's reading
furnished no expression or anecdote which implied, or could be made
to seem to imply, that the unfavourable impression continued after
the explanation had been heard. And as this is exactly what would
have happened on the supposition that his defence did produce its
natural effect upon his contemporaries, and is very hard to explain
upon any other supposition, (seeing that Bacon's course of life, as a
rising man in Court favour, in the House of Commons, and in his
profession, exposed him to envy and free criticism in a world which
was in this matter prejudiced against him), I think we may fairly
leave it there.
1 Vol. II. pp. 127-133, 150, 151.
163
CHAPTER V.
A.D. 1604. jETAT. 44.
1.
THE resolution to call a Parliament, having been postponed from
month to month in consequence of the sickness then prevailing in
London, was at length announced by Proclamation on the llth of
January 1603-4. The session began on the 19th of March and was
opened by the King in person with a gracious and judicious speech,
explaining his views on peace, on the union of the kingdoms, on the
limits of toleration in religion, and on the general duties of govern-
ment : in all which there seems to be nothing to find fault with : and
if he had not called the Devil "a busy bishop " upon which one of
the Bench is said to have remarked that " his Majesty might have
chosen another name " 1 I am not aware that any exception would
have been taken to it.
But a clause in the Proclamation, introduced it seems by the Lord
Chancellor, 2 had sown the seed of a difficulty which threatened to
spoil the concert ; and of which the history is worth telling at large,
not only for the part which Bacon took in it, but also for the light
which might have been taken from it as to the true method of
arranging those disputes between Privilege and Prerogative which
were destined to be the trouble of the times.
The Proclamation had notified that all returns and certificates of
Knights, Citizens, and Burgesses were to be brought to the Chancery,
and there filed of record : and if any were found to have been made
contrary to the Proclamation " the same was to be rejected as unlaw-
ful and insufficient." A previous clause had forbidden the election
of bankrupts or outlaws. Sir Francis Goodwin, who was returned
for Buckinghamshire, was objected to as having been outlawed : 8 the
1 Nugse Antiquse, i. 182. y Egerton Papers, p. 38. Gardiner, i. p. 180.
3 With whom the objection originated does not clearly appear. In a letter to
Winwoocl (Mem. ii. p. 18), Cecil seems to imply that it was an electioneering
manoeuvre advisedly adopted by the government. " Sir Francis Goodwyn (he
says) having laboured to be Knight of Buckinghamshire, to the exclusion of an
M 2
164 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
return was accordingly refused by the Clerk of the Crown ; and a
new writ being issued from the Chancery, Sir John Fortescue, a
Privy Councillor, was elected instead. This was before the meeting
of Parliament : and the very first motion made in the Lower House
after the election of the Speaker was for an examination of the return
and the admission of Sir F. Goodwin as a member. The motion
was approved : the Clerk of the Crown was summoned to appear the
next morning with the writs, returns, indentures, etc. ; and Sir
Francis Goodwin was ordered to attend in person and explain his
case : a select committee being at the same time appointed (as usual
at the beginning of a session) to examine all questions touching pri-
vileges and returns. Upon a full consideration and discussion of the
case (in which Bacon appears to have taken a prominent part ; for
though there is no report of what was said, his name heads the list
of members named as speakers), it was resolved that Goodwin was
not an outlaw, and had been duly elected : upon which the Clerk of
the Crown was ordered to file the first return, and Goodwin took the
oaths and his seat.
This was on Friday, March 23rd, and thus the House was brought
into collision with the Court of Chancery upon the question of ju-
risdiction to which of them it belonged to judge of the validity of
the return : a point of privilege important in the highest degree ;
for if the judgment of the Court of Chancery was conclusive, the
Chancery could control the composition of the House. On the
following Tuesday the dispute was further complicated by a message
brought by the Attorney General from the Lords, desiring a con-
ancient Counsellor, Sir John Fortescue, it was advised by the King's Learned
Counsel and Judges whether there were not some means by the laws to avoid it.
Whereupon it being found that he was outlawed (and so certified by the Sheriff),
consequently a new writ was sent forth," etc. And though nothing was said about
this in the House, it appears incidentally from the journals that Sir Edward Coke
had a principal hand in the Sheriff's certificate. To the question, " Who laboured
him to make the return so long before the day of the Parliament ?" the Sheriff
replied that, "he being here in London, Mr. Attorney General, the 2nd of March,
at his chambers in the Inner Temple, delivered him two cap. utlegat. against Sir
Francis Goodwyn ; and before he made his return, he went and advised with Mr.
Attorney about his return : -who penned it ; and so it was done by his direction.
And the return being written, upon Friday after the King's coming through
London, near about my Lord Chancellor's gate, in the presence of Sir John For-
tescue, he delivered the writ to Sir George Coppin : and at this time (it being
about 4 of the clock in the afternoon) and before they parted, Sir John Fortescue
delivered, him the second writ sealed : Sir John Fortescue, Sir George Coppin, and
himself, being not above an hour together at that time ; and never had but this
new writ of Parliament to him delivered." (Com. Journ. p. 161.)
Coke's part in the matter may perhaps have been merely ministerial : but the
rapidity of the proceeding was a fatal blot in the case on the Chancery side, and
involved an irregularity which made it legally invalid : " the later writ being
awarded and sealed, before the Chancery was repossessed of the former which
the Clerk of the Crown and the Sheriff of the County did both testify, and well
held to be a clear fault in law." (Id. p. 163.)
1601.] PRIVILEGE V. PREROGATIVE : SIR F. GOODWIN. 165
ference on the subject : to which the Commons replied that " it did
not stand with the honour and order of the House to give account of
any of their proceedings." This brought them into collision with
the Lords. And worse was behind. For thus far the King had not
been implicated : but when the Attorney General returned presently
with another message signifying that the Lords had acquainted his
Mnjesty with the matter ; who " conceived himself engaged and
touched in honour that there might be some conference of it between
the two Houses ; and to that end signified his pleasure unto them,
and by them to this House " they were fairly in collision with all
three; the Chancery whose judgment they had reversed, the
Lords with whom they had refused to confer, and the King who
had taken part with the Lords.
Upon this they moved for access to the King himself: which was
granted for the next morning. A committee was immediately named
(Bacon's name the first on the list) " to set down the effect of that
which Mr. Speaker was to deliver from the House to the King."
And on Wednesday at 8 o'clock in the morning he went, accom-
panied by a select committee ; explained their whole proceeding, and
the grounds of it ; heard the King's answer to the several points,
and received his "charge" which was that they should first resolve
amongst themselves, then confer with the Judges and report to the
Council. All which he related to the House the next day.
And now came a grave difficulty. For the King had argued the
case himself, and (as he could not easily refrain from giving an
answer when he had it ready) had personally committed himself to
the legal doctrine which had been laid down, I suppose, by the Lord
Chancellor and the Judges. " By the law (he said) this House
ought not to meddle with returns, being all made into the Chancery ;
and are to be corrected and reformed by that Court only into which
they are returned. In 35 Hen. VI., it was the resolution of all the
Judges that matter of utlawry was a sufficient cause of the dismis-
sion of any member out of the House. The Judges have now re-
solved that Sir Francis^ Goodwin standeth outlawed according to the
laws of the land." l Not merely therefore upon the question whether
they should confer with the Lords, but upon the entire constitutional
question involved in the case, and upon each several point of it, they
were no\v engaged in a direct dispute with the King himself. Pre-
rogative and Privilege found themselves suddenly face to face in a
narrow passage : one must stand aside to let the other pass, or each
must be content with half the pathway. "What was to be done?
Their immediate resolution was to postpone the further considiTa-
1 C. J. p. 158.
166 LETTERS AND LIFE OF FKANCIS BACON. [CHAP. V.
tion of the question till the next morning. In the debate which
then took place, it appeared that upon one point they were at once
and unanimously resolved, to stand fast by the principle that they
were judges of their own returns, sole and unaccountable. On that
point no one talked of a compromise. But upon the question how
they should proceed in asserting it, opinions were much divided.
And here it was that Bacon became, as I take it, an important actor
in the matter. All that we know of his speech is contained in the
following note, as entered in the Commons' Journals; but it is
enough to show the tenour of his advice.
"That we ought not to contest with the King : That it is fit
to have a conference : That by it we shall lose no privilege, but
rather gain ; for the matters of the conference will be two ;
satisfaction of the King, and putting in certainty our privilege.
All is not said that may be said. We are not to dispute with
one that is governor of 30 legions : confitendum est, ne frustra
interrogdsset. Let us deal plainly and freely with the Lords,
and let them know all the reasons. They are jealous of the
honour of a Privy Counsellor, we of the freedom of election. It
is fit great men maintain their Prerogative, so is it fit that we
maintain our privileges. This is a Court of Record, therefore
ought we by all means to seek to preserve the honour and dignity
of it. If a Burgess be chosen for two places, the Burgess makes
his choice for which he will serve ; and a warrant shall be di-
rected from Mr. Speaker, in the name of the House, to the
Clerk of the Crown, to send forth a writ for a new election for
the other place left ; which is a direct proof that it is a Court of
Power and of Record. We have a Clerk and a Register: all
matters that pass here are entered of Record and preserved. As
they stand for the honour of a Counsellor, so we for our Privi-
leges. It is to be wished that we had a law to declare our Pri-
vileges : That we have a Court of Record and a Register.
Object. We (they say) are but half of the body; and the
Lords are the parts nearest the head.
Answer. Nothing ascends to the head but by the breasts, etc.
Conclusion. That we may pray, it may be explained by a law,
what our privileges are; and that no man outlawed may be
hereafter admitted.
There must be a judge of the return before we sit; and this is
now judged according to the positive laws of the realm by the
1604.] BACON'S ADVICE ON SIR F. GOODWIN'S CASE. 167
King; which infringeth not our liberty, since we judge after the
Court is set according to discretion.
No precedent that any man was put out of the House for
utlawry : Therefore it had been fit we should have desired to
inform the King that he was misinformed.
Let us now leave this particular case to the King ; and con-
sider and resolve of the material questions that will fall out in the
debate of it: 1. Whether this Court hath power to take notice
of returns made before we sit here : 2. Whether men outlawed
may be of the House : 3. Whether a man pardoned, having not
sued forth a writ of Scire facias, may be called in question : 4.
Whether the writ were returned upon the 17th of February or
no, upon oath of the Sheriff." 1
Bacon's advice therefore amounted to this : establish the privi-
lege : settle, and offer (if necessary) to amend, the law : but avoid a
dispute upon the particular case. The King has desired that we
should argue the question before the Judges : let us consent to do
so ; and in the meantime prepare for the argument by considering
and resolving upon the " material questions " which it will raise.
Others however were strongly against yielding to the conference
as upon a matter which they had already decided : and the debate
ended in the appointment of a Committee to set down in writing the
reasons of their proceeding, and in a resolution directly against
Bacon's recommendation not to confer with the Judges. These
reasons, which were drawn up in the form of an address to the
King, setting forth in order all the objections made " by his Majesty
and his reverend Judges," 2 and answering them point by point,
having been read and approved, a committee was appointed to take
them up to the Lords, and the same afternoon (April 3) they were
delivered by the hands of Bacon : whose report of what passed is
thus recorded in the Journals.
" Sir Francis Bacon, having the day before delivered to the
Lords, in the Council Chamber at Whitehall, according to the
direction of the House, the reasons in writing, penned by the
Committee, touching Sir Francis Goodwyn's case, maketh report
of what passed at the time of the said delivery : First, that
though the Committees employed were a number specially de-
puted and selected, yet that the Lords admitted all Burgesses
without distinction: That they offered it with testimony of their
1 Commons' Journals, p. 159 : and compare p. 939. * Ib. p. 163.
168 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V,
own speed and care in the business, so as, they said, no one thing
had precedency, but only the Bill of Recognition: That they
had such respect for the weight of it, as they had not committed
it to any frailty of memory, or verbal relation, but put it into
writing for more permanent memory of their duty and respect
to his Majesty's grace and favour : That in conclusion they
praved their Lordships, sithence they had nearer access, they
would cooperate with them for the King's satisfaction : and so
delivered the writing to the hands of the Lord Chancellor ; who,
receiving it, demanded whether they should send it to the King
or first peruse it. To which was answered, That since it was the
King's pleasure they should concur, they desired their Lordships
would first peruse it. The Lord Cicell demanded, Whether they
had warrant to amplify, explain, or debate, any doubt or ques-
tion made upon the reading : To which it was said, they had no
warrant. And so the writing was read, and no more done at
that time." 1
The writing in question was drawn up in a style very well suited
to the purpose; being clear and conclusive, and yet temperate and
respectful ; and including an intimation that they had already, in
deference to the King's remarks, prepared an act disabling all out-
laws thenceforth to serve in Parliament : and it seems probable
that the difference would have been arranged without further diffi-
culty, had it not been for that formal resolution against consenting
to a conference with the Judges which had been passed so shortly
before. The King had professed to have no personal interest in
the dispute, and treated it merely as a question of constitutional
law, upon which he had been guided by the opinion of the Judges.
The argument of the Commons went directly in the teeth of that
opinion ; and he would naturally wish to hear what the Judges had
to say in reply, and what the Commons might have to say in reply
to them again. And as they had voluntarily waived their right of
refusing to give an account of their proceedings to anybody, there
seemed to be no reason why they should insist upon doing it in
the absence of those with whom the dispute really was.
Their answer to the King's and Judges' objections had been de-
livered to the Lords on the afternoon of the 3rd of April, without
any intimation of their resolution (passed the evening before 1 )
against a conference with the Judges. On the morning of the 5th,
the King perhaps not knowing, certainly not having been formally
1 C. J. p. 165. a Ib. p . 162.
1604.] CONFERENCE WITH THE JUDGl 16 J
apprized of that resolution sent for the Speaker: told him that
" he had seen and considered of the manner and the matter : he
had heard his Judges and Council, and that he was now distracted
in judgment. Therefore for his further satisfaction he desired and
commanded as an absolute King, that there might be a conference
between the House and the Judges; and that for this purpose
there might be a select Committee of grave and learned persons
out of the House, and that his Council might be present, not as
umpires to determine, but to report indifferently on both sides." 1
If there was any doubt before as to the expediency of the former
resolution, there could be none now : for upon receiving this " un-
expected message," they consented at once, and very judiciously, to
abandon it. They were indeed involved in a dilemma, out of which
the only escape lay backwards : and the same member who had be-
fore been most vehement not only against conference, but appa-
rently against compromise of any kind, was now foremost to retreat.
"The Prince's command," said Telverton (for it was he who first
broke the silence), "is like a thunderbolt : his command upon our
allegiance is like the roaring of a lion. To his command there is
no contradiction. But how or in what manner we should now pro-
ceed to perform obedience, that will be the question." Another
suggested that the King should be present himself at the confe-
rence, to hear, judge, and moderate the cause in person. And a
select committee was thereupon appointed " to confer with the judges
of the law touching the reasons of proceeding in Sir Francis Good-
win's case, ... in the presence of the Lords of his Majesty's Council;
according to his Majesty's pleasure signified by Mr. Speaker this
day to the House :" the Committee to "insist upon the fortification
and explaining of the reasons and answers delivered unto his Ma-
jesty ; and not proceed to any other argument or answer, what oc-
casion soever moved in the time of that debate."
The next day beiug Good Friday, the House was adjourned for a
week and did not meet again till the llth of April. In the course
of that day, upon the return (I suppose) of the Committees from
the conference, Bacon, who had been spokesman, was called on
for a report of what had passed ; and when he replied that "he was
not warranted to make any report, and tantum permissum quantum
commissum," it was ordered that the Committees should have another
meeting for conference amongst themselves, and that he should then
make his report. The note of which is in these words.
" Sir Francis Bacon, after the meeting of the Committees in
1 C. J. pp. 166, 943.
170 LETTERS A2fD LIFE OF FitANCIS BACON. [CHAP. V.
the Court of Wards, reporteth what had passed in conference in
the presence of his Majesty and his Council.
The King said he would be President himself. This atten-
dance renewed the remembrance of the last, when we departed
with such admiration. It was the voice of God in man, the
good spirit of God in the mouth of man : I do not say the voice
of God, and not of man : I am not one of Herod's flatterers : a
curse fell upon him that said it, a curse on him that suffered it.
We might say, as was said to Solomon, We are glad O King
that we give account to you, because you discern what is spoken.
We let pass no moment of time until we had resolved and set
down an answer in writing, which we now had ready : That
sithence we received a message from his Majesty by Mr. Speaker,
of two parts. 1. The one paternal. -2. The other royal. 1.
That we were as dear unto him as the safety of his person or the
preservation of his posterity : 2. Royal ; that we should confer
with his Judges, and that in the presence of himself and his
Council : That we did more now to King James than ever was
done since the Conquest, in giving account of our judgments:
That we had no intent in all our proceedings to encounter his
Majesty, or to impeach his honour or Prerogative.
This was spoken by way of preamble, by him you employed.
How to report his Majesty's speeches he knew [not]. The
eloquence of a King was inimitable.
The King addressed himself to him, as deputed by the House;
and said he would make three parts of what he had to say : The
cause of the meeting was to draw to an end the difference in Sir
Francis Goodwyn's case.
If they required his absence, he was ready, because he feared
he might be thought interessed and so breed an inequality on
their part.
He said, That he would not hold his Prerogative, or honour,
or receive any thing of any or all his subjects. -This was his
magnanimity.
That he would confirm and ratify all just Privileges. This
his bounty and amity; as a King, royally; as King James,
sweetly and kindly, out of his good nature.
One point was, Whether we were a Court of Record, and had
power to judge of returns. As our Court had power, so had the
Chancery, and that the Court that first had passed their judg-
ment should not be controuled.
1604.] COMPROMISE SUGGESTED BY THE KIXG. 171
Upon a surmise, and upon the Sheriff's return, there grew a
difference.
That there [were] two Powers, one permanent, the other tran-
sitory : That the Chancery was a confidentiary Court, to the use
of the Parliament, during the time.
Whatsoever the Sheriff inserts beyond the authority of his
mandate, a nngation.
The Parliaments of England not to be bound by a Sheriff's
return.
That our privileges were not in question : That it was private
jealousies, without any kernel or substance. He granted it was
a Court of Record and a Judge of returns. He moved that
neither Sir John Fortescue nor Sir Francis Goodwyn might
have place. Sir John losing place, his Majesty did meet us
half way : That when there did arise a schism between a Pope
and an An ti- Pope, there could be no end of the difference until
they were both put down." 1
I have thought it better to give these notes exactly as I find them,
because the words themselves are probably genuine and the context
may sometimes be guessed. It will be seen however that they are
not abstracts of what was spoken, but merely disjointed fragments,
made to look continuous by the simple process of writing them out
in sequence. The note-taker seems to have set down as much as he
could follow : sometimes the beginning of a sentence, sometimes the
end ; leaving gaps of all sorts and sizes : so that it is often difficult
to assign the several sentences to the several speakers, or to make
out so much as the general course of the argument.
In this case, however, we may gather that the King began by
maintaining that the Court of Chancery and the House of Commons
being both courts of record, with power to judge of returns, neither
of them could be called in question by the other, and therefore that
the first judgment must stand: to which Bacon answered on behalf
the Commons, that the Chancery was a judge of the returns only for
the purpose of making the House, which as soon as it was made
became itself the judge: for otherwise, if the Chancery were governed
by the Sheriff's return, and the House might not call the return in
question, the sheriff's return did in effect bind the Parliament. It
may be gathered further that upon this point (which was the ma-
terial one), though the Judges were still prepared to contest it, the
King was prepared to yield ; but in order to settle the difference
1 C. J. p. 168.
172 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
more handsomely, proposed that the two Courts should meet each
other half-way : and therefore that both returns should be set aside,
a new writ be issued, and a new election proceed : that to this pro-
posal (which was in accordance with his own former advice, namely
to content themselves with establishing their privilege, and avoid a
contest with the King about the particular case) Bacon made no ob-
jection ; but reported it to the House and recommended them to
accede to it.
If in thus entertaining the question of a compromise he a little
exceeded his commission (and exception was taken to his report on
that ground by some members, as " drawing upon the House a note of
inconsistency and levity ") it was a wise liberty and well accepted
by the great majority : for " the acclamation of the House was, that
it was a testimony of their duty, and no levity ;" and it was forthwith
resolved (Sir Francis Goodwin's formal consent having been first ob-
tained) to issue a writ for a new election and to send a message of
thanks to the King : which was delivered accordingly on the 12th of
April, and accepted very graciously. 1 And so that business ended.
It was a good example to show how such differences might be suc-
cessfully and satisfactorily arranged. For the privilege was never
afterwards called in question : and in the meantime the concession,
which was in itself quite immaterial, satisfied the King : who, though
jealous of his Prerogative, does not appear to have had any intention
of interfering with their liberties; 2 but would have been ready, I
think, to settle all such questions almost as they would, so long as he
was allowed to feel that in assenting to their petitions he was using
his Prerogative and uot abandoning it.
2.
While this was going on, the House had another privilege-dispute
on hand, which (though the occasion was not so critical the differ-
ence being with meaner persons, and neither King nor Lords nor
Chancery being concerned in it) gave them more trouble and
threatened at one time to drive them into violent measures. A full
account of all the proceedings (fragmentary notices of which are
thickly scattered through the Journals, from the 22nd of March to
1 C. J. p. 171.
" From a MS. in the Cotton Collection in the handwriting of Ralph Starkev,
copied perhaps from Sir R. Cotton's own notes it would seem that the Judges
were still prepared to stand by their original opinion, and that the proposal of tiie
compromise came from the King himself. " The King propounded the reasons
and precedents to the Judges, who agreed unto them ; and my Lord Chief Justice
was about to disprove by another reason that Sir F. G. was not duly chosen.
Hereupon the King, desirous to compromit the matter, made offer to the Lower
Hou-e to be contented that Sir Francis should not be also, and that a new writ
should be sent out," etc. Cott. MSS. Tit. F. iv. fo. 4, b.
icoi,] DISPUTE wrm THE WARDEN OF THE FLEET. 173
the 15th of May) would make too long a story : but enough to ex-
plain Bacon's part in them may be easily told.
On the day of the King's solemn entry into London (15 March)
Sir Thomas Shirley, attending by command and beiug a member of
Parliament, had been arrested for debt at the suit of a goldsmith
named Sympson (the same I presume who arrested Bacon in 1598 1 ),
and sent to the Fleet. The detention of a member from the House
was a breach of Privilege, and being complained of as such, and the
parties being sent for and heard at the Bar (27 March), was referred
to a select committee : upon whose report (11 April) it was resolved
that the arrest was a wilful contempt, and that both Sympson and
the serjeant whom he employed should be committed to the Tower
for it. But because the delivery of Sir Thomas out of prison in-
volved some doubtful questions of law, they agreed that before pro-
ceeding further the counsel of the parties should be heard.
The doubt in law was whether the Warden of the Fleet, if he let
his prisoner go, would not become answerable to his creditor for what
he owed ; and (opinions differing) it was judged best, before demand-
ing the delivery of Sir Thomas, to put the matter out of doubt by
passing a special act for securing to Sympson the interest in his debt
and saving the Warden harmless. A bill for this purpose was ac-
cordingly brought in on the 17th of April, and passed and sent up to
the Lords on the 21st: 2 and they were on the point of petitioning
the King (4 May) for a written promise that he would give his
assent to it, when it was objected that such a proceeding would be
" some impeachment to the privilege of the House." So no doubt it
would. By going so far out of their way to ensure the Warden be-
fore they demanded the release of their member, they would seem to
admit by implication that they could not legally demand him without
such assurance. The caution being approved, and their intention
having been made sufficiently clear, they proceeded at once to serve
the Warden with a writ of Habeas Oo?-pus for bringing Sir Thomas's
body into the House the next morning. And here began the difficulty.
The AVarden, not considering himself safe till the bill had become
a law, refused to obey the writ until it had received the royal assent.
The Commons could not allow such a condition without creating a
precedent dangerous to their privilege. And what was to be done ?
In the first place the Warden was called to the Bar and questioned.
Persisting in his refusal, he was detained for that day iu the custody
of the Serjeaut-at-arms ; and (not to lose the chance of any better
thoughts which the night might bring) a second demand for the body
of Sir Thomas was made in due form the next morning ; but with the
1 See Vol. II. p. 106. - C. J. p. 180.
174 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
same result. Upon this he was brought to the Bar a second time
(8 May) ; and, still refusing to promise obedience except upon con-
ditions, was committed to the Tower.
Perhaps they might be more successful with his second in com-
mand : and next day the Serjeant was sent for the third time upon
the same errand. But the second in command was the Warden's
wife, who having in the meantime taken possession of all the keys
and all the authority, referred him to her husband for his answer :
and though armed with Habeas Corpus and mace, he could make no
impression on her.
The House, which had thus far sh'own unusual patience and con-
sideration in the matter, began now to get a little hot : a motion that
six members should accompany the Serjeant and bring Sir Thomas
by force, if he were not given up, was proposed and carried by a con-
siderable majority : and appears to have been only stayed from exe-
cution upon a suggestion that any member who took part in such a
proceeding would be liable to an action. But the next day (10 May)
a new and a better chance offered itself. The King, who had pru-
dently declined all interference in the dispute hitherto, volunteered
the promise which the House had forborne to ask for ; he would
engage in verbo principis to assent to the Bill at the end of the Par-
liament. Upon this the Serjeant was sent again to the Fleet, armed
as before; and (having first privately and of his own motion in-
formed the "Warden's wife of the King's promise) again demanded
the body of Sir Thomas. But the faithful and valiant woman knew
no authority except her husband's ; declared that, without word from
him, if he carried Sir Thomas's body, he must carry her own, dead,
along with it ; and when he offered to take her by the hand, lay
down. To go further was beyond his commission; and so all three,
Serjeant, Habeas Corpus, and mace, came back empty as before.
Then the Warden himself was brought to the Bar again, for the
third time; was formally acquainted with the King's promise; was
reasoned with : being found inexorable, was ordered into closer con-
finement in a dungeon well known by the significant name of " Little
Ease :" and when this produced no better effect, some members were
sent to see whether the order had really been complied with. They
found that he had not been made uneasy enough ; and upon their
report to that effect, a most distracted debate followed. One would
have the Lieutenant of the Tower fined 2000Z. for not executing the
order. Another would have the Warden himself fined 100Z. a day
till he relented. A third was for an Act of Parliament disabling him
for all offices, etc. A fourth would have the Lessee of the Fleet sent
for, and get at their member that way. A fifth was for acquainting
BACON'S SUGGESTION. 175
the Lords and petitioning for the King's help. 1 A sixth revived the
former motion, that six members of the House should go with the
Serjeant, and deliver Sir Thomas by force. A seventh would have
the House rise and strike work until they had power to execute their
privileges. And so they seemed to be at a non-plus ; every man
giving an opinion, and no two opinions alike.
It was at this point that Bacon came forward with a suggestion.
Hitherto he had taken no part in the business, beyond giving an
opinion (27 March) that the delivery of Sir Thomas did not (as the
law stood) deprive the creditor of his remedy. 2 But now the House
seemed to be in imminent danger of committing some rash action.
The problem was, to vindicate the privilege without offending the
law. To call upon the Crown to enforce the demand for them would
be to acknowledge a want of power in themselves. To enforce it by
the hands of their own members would be to exceed their powers.
To refuse to proceed with the public business would be foolish. But
there was a middle way left. The Serjeant-at-arms might be ordered
to recover their lost member by force, and the King might appoint
persons to assist him in executing the order. This appears to have
been Bacon's suggestion. The note of his speech runs thus.
" This is a great case of Privilege. Remora, a little fish that
stayeth great ships. We have had two of them this Parlia-
ment.
No suit to the King, because he cannot do it, and it is a dis-
claimer of our power.
Not to rise, like sullen fellows. That is to give over our pri-
vileges to wind and weather. We shall displease the King, and
hurt the Commonwealth.
No members of the House to assist the serjeant: Judges
cannot be ministers.
Conclus. To be petitioners to the King, that he would ap-
point some to aid our Serjeant for the delivery of the prisoner
with force." 3
To this proposition however, when upon Bacon's motion it was
formally put to the House, objection was taken by the Speaker as
contrary to precedent; and though Bacon was prepared and allowed
to give some answer to the objection (it being "overruled upon
question that he might speak again in the same matter to expound
himself" 4 ) the motion appears to have been ultimately withdrawn,
1 C. J. p. 971. 2 Cott. MSS. Tit. F. iv. fo. 4, b.
3 C. J. p. 209, and compare p. 971.
4 His object appears to have been to draw a distinction between petitioning tho
176 LETTERS AND LIFE OF FRANCIS BACON. [CHAP, V.
and the question put in another form, though the measure agreed
upon was not substantially different. The King was not to be
asked for material assistance only moral : and the debate ended in
a resolution that the Serjeant-at-arms should be sent once more
with a new writ j that the Warden should be carried to the door of
the Fleet ; and that the writ should be then delivered to him with com-
mandment from the House to obey it : the Vice-Chamberlain being
at the same time privately instructed to go to the King, and
humbly desire that he would be pleased (as from himself) to com-
mand the Warden upon his allegiance to set Sir Thomas free. This
measure at last succeeded. They recovered their member, and es-
tablished their privilege. The Warden and other prisoners were in
due time, after making due submission, released: and Sympson
had to pay all the costs.
3.
These disputes, though not without their importance in the de-
velopment of our Parliamentary constitution, were serious and
vexatious interruptions to the great businesses of the time, upon
which the House had shown every disposition to enter promptly
and earnestly. The greatest of these was no doubt that which the
King had especially recommended to them, and to which his own
aspirations were at this time almost exclusively directed, the Union
of England and Scotland : a national work of which it was hardly
possible to overrate the importance. But it was full of difficulties
and had to be approached with caution. In the meantime there
were other questions which stood much in need of settlement and
might be proceeded with at once ; and though the results attained
were not destined to be considerable for the present, the subsequent
history of the reign, and especially of Bacon's political career, can-
not be properly understood without careful observation of the first
movements.
1. The law which gave to the Crown the wardship of minors,
springing originally out of the obligations of the feudal system, had
ceased to be fit for the existing condition of society, and began to be
felt as a burden and a grievance to the subject. Being nevertheless
a source of considerable revenue to the Crown, the legality of which
was not disputed, it was a fit subject for Parliament to deal \\ ith by
way of bargain.
King to assist them in executing their own order, and petitioning him to execute
it for them. But all that remains of what he said is this :
" Plenitude potestatis, plenitudo tempestatia.
" To be petitioners to the King to assist : no derogation : a difference between
execution and assistance in execution." (C. J. p. 972.)
1604.] WARDSHIP, PURVEYANCE, MONOPOLIES, ETC. 177
2. The officers whose duty it was to provide food, carriage, and
other necessaries for the Court in its journeys, had of old been in
the habit of abusing their authority, and many acts had been passed
to keep them in order; but the abuses still continued, and formed
another serious grievance.
3. The popular clamour against monopolies had been allayed for
the time by Queen Elizabeth, as we have seen : and one of James's
first acts was to carry out her intentions, by a Proclamation
prohibiting the use of any monopoly-licence (" except such grants
only as bad been made to any corporation, or company of any
art or mystery, or for the maintenance or enlargement of any
trade or merchandise") till it had been examined and allowed of by
the King, with the advice of his Council, " to be fit to be put in exe-
cution without any prejudice to his loving subjects." ' But the true
state of the law with regard to these patents, and to the power ex-
ercised by the Crown of granting dispensations from penalties im-
posed by statutes which was part of the same question, was still
doubtful, and it was a fit time to settle it.
4. Since the Hampton Court Conference, a new edition of the
Book of Common Prayer had been put forth by authority, with
some alterations and explanations ; and a confirmation of it by Act
of Parliament was thought expedient.
All these questions, with one or two others of less importance,
were brought under consideration of the House on the first day
(23 March), and being immediately referred to a Committee (of which
Bacon was a member, and I suppose an active one, since he was
selected to make their first report to the House) were proceeded
with at once.
The three last came within the powers of the House in its ordi-
nary course of legislation. For the abuses of Purveyors and Car-
takers, a sub-committee was appointed to peruse the former statutes
concerning them, and to draw a Bill for their restraint. With re-
spect to dispensations from Penal Statutes, a Bill was reported ready
drawn, which was to be offered for the consideration of the whole
House. For Monopolies, all persons aggrieved were invited to
bring in their complaints in writing, that the Committee might cou-
sider them and frame a law according to the cause. For the Book
of Common Prayer a sub-committee (in the list of which Bacon's
name stands first) was appointed to " capitulate the alterations " and
lay them before the Committee in writing, " together with their own
opinion of the said book."
But the question of Wardship was of a different character. Be-
1 7 May, 1603. Book of Proclamations, p. 12.
VOL. III. N
178 LETTERS AND LIFE OF FRANCIS BACON. [CEAP. V.
ing a matter of arrangement, which would require the concurrence
beforehand both of the King and the Lords, who had a personal and
legal interest in it, they judged it necessary to begin with a confe-
rence: and the result of their deliberations was reported to the
House by Bacon on the 26th of March. Of whose report I find in
the Journals the following note.
Sir Francis Bacon, one of his Majesty's Counsel learned,
maketh report of the meeting of the Committees touching the
matters formerly propounded by Sir Robert Wroth, and of the
first endeavours and travel on the point of Wardship of men's
children; relating briefly what was said jaro et contra, viz.,
1. That it was a thing never petitioned; never won of any
King.
Answ. But having his ground from the tenure of Scutagium,
Voyage Royal 'in Escosse, that now determines, by his Majesty's
possession of the Crown.
2. Next, the King's honour was considered.
Answ. It was the greatest honour to govern subjects mode-
rately free.
3. The justice of the matter was propounded, in respect it
concerned divers officers in their right of credit, of profit, &c.,
divers mean Lords in their right of possession, of interest, &c.
Answ. This House may take away the office, the countenance,
the credit of any man : but that power the House hath always
used tenderly. This no new thing ; for King Henry VIII, King
Edward VI, and Queen Mary had a power granted them by
Parliament to dissolve the Court of Wards. That the intention
of the House was, that both the King and mean Lords should
be comprehended.
The first resolution was for the matter, that petition should
be made to the King : Then for the manner it was debated :
1 . Whether first to agree upon the plot, and to offer to the King
the matter plotted. 2, or first to ask leave to treat; and then,
whether first to pray a conference with the Lords, touching a
petition to be offered to his Majesty for liberty to treat. Which
last was thought the best course, and so resolved by the House." 1
The Lords were quite ready to confer, ar.d only desired that some
other things of the same kind, as Respite of Homage, Licence of
1 C. J. p. 153.
1604.] REPORT OF CONFERENCE CONCERNING WARDSHIP. 179
Alienation, and the general abuse of Purveyors and Car-tnkers,
might be included in the consultation. To this the Commons readily
agreed, and the proper number of Committees being appointed, the
Conference took place the same afternoon : of which Bacon, though
he had not taken any part in the discussion, was again employed to
make the report ; which is thus recorded in the Journals.
"Sir Fr. Bacon maketh report of the conference yesterday
between the Lords and this House ; where, he said, he was merely
a relator, no actor : and said further, that the Lords upon their
first meeting desired the Committees of this House to make the
proposition. Whereupou it was thought fit by the said Com-
mittee not to mention any objections, but only to show, 1. their
dutiful respect in the handling of the matter : and secondly to
open the grief: adding some cautions and considerations to pre-
vent mistaking.
The grief was, That every man's eldest son or heir (the dearest
thing he hath in the world) was, by Prerogative warranted by
the laws of the land, to be in ward to the King for his body and
lauds; than which they conceived (to a free nation) nothing to
be more grievous.
But they esteemed it ojily a grief, no wrong: sithence it
hath been patiently endured by our ancestors, and by ourselves ;
and therefore they did press to offer it to the King's grace, and
not to his justice. They knew it concerned the King in two
sorts :
1 . In his revenue :
2. And in reward to his well-deserving servants, and officers of
his wards.
That the discharge of the wardship of mean Lords was also to
be thought on.
And concluded, that their desire and resolution was, not to
proceed by way of Bill, but by way of petition to his Majesty, for
licence to treat, etc.
Of the Lords, first, one answered that they had as much feel-
ing as any of the burden ; and that with a double respect, because
their families were planted in honour. That there was one other
great grievance much complained of, in the matter of Respite of
Homage ; wherein though the King were interested in honour
and profit, yet their desire was that it might be coupled in the
petition with the matter of wardship, as growing upon that root.
N 2
180 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
It was affirmed by another Lord, that in the matter of Re-
spite of Homage present order was to be taken, by special direc-
tion from his Majesty ; and that for the grievance of Purveyors,
there was some order taken already, and all convenient means
daily thought on for relief and ease of the subject : But they
knew the House did not intend to decry or dismiss the King
of his Prerogative ; and that this grievance was to be reformed
by law, and not by petition.
Sir Francis continued his report of another Lord's speech,
which (he said) he did but only report, not deliver as a message.
It contained three points :
1. His affection to the House of the Commons.
2. His good wishes unto it.
3. The great benefits the King bringeth with him ; as the peace
we have by him, and the latitude and prospect of that peace.
That the King was born for us : That a people may be with-
out a King, a King cannot be without a people. A persuasion
that the House would answer him in all good correspondence :
1. In modesty, that our desires be limited.
2. In plainness, that we lay ourselves open in the naked truth
of our hearts.
3. In order and comeliness of proceeding, which is the band
and ornament of all societies.
The same Lord touched the case of Sir Francis Goodwin, as
a thing he had heard at large, but did not understand it ; and
therefore desired to know it more particularly from this House.
Answer was made that they had no warrant from the House
to speak of it." 1
Bacon will reappear hereafter in a more prominent position in
connexion with this question of Wardship : but in the subsequent
proceedings during the present session I do not find any notice of
the part he took, or whether he took any part. The cause appears
to have been under the special charge of Sir Edwyn Sandys one
of the ablest of the independent members : but it made no further
way. Many accidents intervened to postpone the proposed con-
ference ; and by the time it took place (which was not before the
end of May) tempers were altered, and the result was unsatisfac-
tory. But of this I shall have occasion to speak farther on, in con-
nexion with the circumstances which brought the session to a some-
what sullen and cloudy end.
1 C. J. p. 155.
1604.] PETITION TO THE KING TOUCHING PURVEYORS. 181
4.
The movement against the Purveyors, in the mean time, had fared
a little better. Though the Commons had readily assented to the
proposal of the Lords that this subject among others should be dis-
cussed at the Conference, they would not allow it to be put into the
same boat with Wardship and Tenures, but resolved to deal with it
separately. Instead however of dealing with it directly by a Bill
which was their first intention they concluded upon further con-
sideration that it would be more prudent to feel and prepare their
way by a petition to the King, to be delivered " with some speech of
introduction and explanation," and that speech to be made by Bacon :
which was accordingly done (27th April) : and of the way in which
it was done we have on this occasion better means than usual of
judging; a full report of his speech having been fortunately pre-
served by Bacon himself.
It was first printed in the Resuscitatio (p. 5) : But I take my
text from a manucript in the Harleian collection, which has correc-
tions in Bacon's own hand.
A SPEECH MADE BY SIR FRANCIS BACON, KNIGHT, CHOSEN
BY THE COMMONS TO PRESENT A PETITION TOUCHING PUR-
VEYORS, DELIVERED TO HIS MAJESTY IN THE WITHDRAWING
CHAMBER AT WHITEHALL IN THE PARLIAMENT HELD 1 ET
2 do JAC :, THE FIRST SESSION. 1
It is well known to your Majesty (excellent King) that the
Emperors of Rome for their better glory and ornament did use
in their titles the additions of the countries and nations where
they had obtained victories, as Germanicus, Britannicus, and the
like ; but after all those names, as in the higher place, followed
the name of Pater Patrice, as the greatest name of all human
honour immediately preceding that name of Augustus, whereby
they took themselves to express some affinity that they had (in
respect of their office) with divine honour. Your Majesty mought
with good reason assume unto yourself many of those other names,
as Germanicus, Saxonicus, Britannicus, Francicus, Danicus, Go-
thicus, and others, as appertaining to you, not by bloodshed
(as they bare them) but by blood; your Majesty's royal person
being a noble confluence of streams and veins, wherein the royal
1 Harl MSS 6797, f. 170. The last leaf, which has been displaced, will be found
at f. 17 of the same volume. There is another copy f. 178, but it represents the
MS. before Bacon corrected it.
182 LETTERS AND LIFE OP FRANCIS BACON. [CHAP. V.
blood of many kingdoms of Europe are met and united. But
no name is more worthy of you, nor may more truly be ascribed
unto you, than that name of father of your people, which you
bear and express, not in the formality of your stile, but in the
real course of your government. We ought not to say unto you
as was said to Caesar Julius, Qua miremur habemus, qua laude-
mus expectamus : that we have already wherefore to admire you,
and that now we expect somewhat for which to commend you ;
for we may (without suspicion of flattery) acknowledge that we
have found in your Majesty great cause both of admiration and
commendation. For great is the admiration wherewith you have
possessed us since this Parliament began, in those two causes
wherein we have had access unto you, and heard your voice ;
that of the return of Sir Francis Goodwin ; and that of the Union.
Whereby it seemeth unto us, the one of these being so subtile a
question of law and the other so high a cause of estate, that as
the Scripture saith of the wisest king that his heart was as the
sands of the sea; which though it be one of the largest and
vastest bodies, yet it consisteth of the smallest motes and por-
tions; so (I say) it appeareth unto us in these two examples,
that God hath given your Majesty a rare sufficiency, both to
compass and fadom the greatest matters, and to discern the
least. And for matter of praise and commendation, which chiefly
belongeth to goodness, we cannot but with great thankfulness
profess, that your Majesty, within the circle of one year of your
reign, infra orbem anni vertentis, hath endeavoured to unite your
Church which was divided, to supply your nobility which was
diminished, and to ease your people in cases where they were
burdened and oppressed.
In the last of these your high merits, that is, the ease and
comfort of your people, doth fall out to be comprehended the
message which I now bring unto your Majesty, concerning the
great grievance arising by the manifold abuses of Purveyors,
differing in some degree from most of the things wherein we
deal and consult ; for it is true that the knights citizens and
burgesses in parliament assembled are a representative body
of your Commons and third estate, and in many matters, al-
though we apply ourselves to perform the trust of those that
chose us, yet it may be we do speak much out of our own
senses and discourses. But in this grievance, being of that
1631.] SPEECH TO THE KIN(J TOUCHING PURVEYORS. 183
nature whereunto the poor people is most exposed, and men of
quality less, we shall most humbly desire your Majesty to con-
ceive, that your Majesty doth not hear our opinions or senses,
but the very groans and complaints themselves of your Commons,
more truly and vively than by representation. For there is no
grievance in your kingdom so general, so continual, so sensible,
and so bitter unto the common subject, as this whereof we now
speak. Wherein it may please your Majesty to vouchsafe me
leave first to set forth unto you the dutiful and respective car-
riage of our proceeding ; next the substance of our petition ; and
thirdly some reasons and motives which in all humbleness we
do offer to your Majesty's royal consideration or commiseration ;
we assuring ourselves that never king reigned that had better
notions of head and motions of heart for the good and comfort
of his loving subjects.
For the first, in the course of remedy which we desire we pre-
tend not nor intend not in any sort to derogate from your
Majesty's prerogative, nor to touch, diminish, or question any
your Majesty's regalities or rights. For we seek nothing but the
reformation of abuses, and the execution of former laws where-
nnto we are born. And although it be no strange thing in par-
liament for new abuses to crave new remedies, yet nevertheless
in these abuses (which if not in nature yet in extremity and
height of them are most of them new) we content ourselves with
the old laws, only we desire a confirmation and quickening of
them in their execution; so far are we from any humour of in-
novation or encroachment.
As to the court of the green-cloth, ordained for the provision
of your Majesty's most honourable household, we hold it ancient,
we hold it reverend. Other courts respect your politic person,
but that respects your natural person. But yet notwithstanding
(most excellent king) to use that freedom which to subjects that
pour out their griefs before so gracious a king is allowable, we
may very well allege unto your Majesty a comparison or simili-
tude used by one of the fathers in another matter, and not unfitly
representing our case in this point ; and it is of the leaves and
roots of nettles ; The leaves are venomous and stinging where
they touch ; The root is not so, but is without venom or malig-
nity ; and yet it is that root that bears and supports all the
leaves. This needs no furder application.
184 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
To come now to the substance of our petition, it is no other
than by the benefit of your Majesty's laws to be relieved of the
abuses of Purveyors; which abuses do naturally divide them-
selves into three sorts : The first, they take in kind that they
ought not to take ; The second, they take in quantity a far
greater proportion than cometh to your Majesty's use; The
third, they take in an unlawful manner, in a manner (I say)
directly and expressly prohibited by divers laws.
For the first of these, I am a little to alter their name ; for
instead of takers they become taxers ; instead of taking provision
for your Majesty's service they tax your people ad redimendam
vexationem : imposing upon them and extorting from them
divers sums of money, sometimes in gross, sometimes in the
nature of stipends annually paid, ne noceant ; to be freed and
eased of their oppression. Again they take trees which by law
they cannot do ; timber-trees, which are the beauty, countenance,
and shelter of men's houses ; that men have long spared from
their own purse and profit ; that men esteem (for their use and
delight) above ten times the value ; that are a loss which men
cannot repair or recover. These do they take, to the defacing
and spoiling of your subjects' mansions and dwellings, except they
may be compounded with according to their own appetites ; and
if a gentleman be too hard for them while he is at home, they
will watch their time when there is but a bailiff or a servant re-
maining, and put the axe to the root of the tree ere ever the
master can stop it. Again they use a strange and most unjust
exaction in causing the subjects to pay poundage of their own
debts, due from your Majesty unto them ; so as a poor man,
when he hath had his hay or his wood or his poultry (which
percase he was full loth to part with, and had for the provision
of his own family, and not to put to sale) taken from him, and
that not at a just price but under the value, and cometh to
receive his money, he shall have after the rate of twelve pence in
the pound abated for poundage of his due payment, growing
upon so hard conditions. Nay further, they are grown to that
extremity, as is affirmed, though it be scarce credible (save that
in such persons all things are credible) that they will take double
poundage, once when the debenture is made, and again the second
time when the money is paid.
For the second point (most gracious Sovereign) touching the
160 1.] SPEECH TO THE KINO TOUCHING PURVEYORS. 185
quantity which they take, far above that which is answered to
your Majesty's use ; they are the only multipliers in the world ;
they have the art of multiplication. For it is affirmed unto me
by divers gentlemen of good regard and experience in these
causes as a matter which I may safely avouch before your Ma-
jesty (to whom we owe all truth, as well of information as sub-
jection) that there is no pound profit which redoundeth to your
Majesty in this course, but induceth and begetteth three pound
damage upon your subjects, besides the discontentment. And
to the end they may make this spoil, what do they? Whereas
divers statutes do strictly provide that whatsoever they take shall
be registered and attested, to the end that by making a collation
of that which is taken from the country and that which is an-
swered above their deceits might appear, they, to the end to
obscure their deceits, utterly omit the observation of this which
the law prescribeth.
And therefore to descend, if it may please your Majesty, to
the third sort of abuse, which is of the unlawful manner of their
taking, whereof this omission is a branch ; it is so manifold as it
rather asketh an enumeration of some of the particulars than a
prosecution of all. For their price : by law they ought to take
as they can agree with the subject ; by abuse they take at an
imposed and enforced price; by law they ought to make but one
apprisement, by neighbours in the country j by abuse they make
a second apprisement at the court-gate, and when the subject's
cattle come up many miles lean and out of plight by reason
of their travel, then they prize them anew at an abated price ;
by law they ought to take between sun and sun ; by abuse they
take by twilight, and in the night-time, a time well chosen for
malefactors ; by law they ought not to take in the highways, a
place by your Majesty's high prerogative protected, and by
statute by special word excepted ; by abuse they take in the
ways, in contempt of your Majesty's prerogative and laws ; by
law they ought to shew their commission, and the form of com-
mission is by law set down ; the commissions they bring down
are against the law, and because they know so much they will
not shew them. A number of other particulars there are,
whereof (as I have given your Majesty a taste) so the chief of
them upon deliberate advice are set down in writing by the la-
bour of certain committees, and approbation of the whole house,
186 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
more particularly and lively than I can express them ; myself
having them but at the second hand by reason of my abode above.
But this writing is a collection of theirs who dwell amongst the
abuses of these offenders, and the complaints of the people; and
therefore must needs have a more perfect understanding of all
the circumstances of them.
It remaineth only that I use a few words, the rather to move
your Majesty in this cause : a few words (I say) a very few.
For neither need so great enormities any aggravating, neither
needeth so great grace as useth of itself to flow from your Ma-
jesty's princely goodness any artificial persuading. There be
two things only which I think good to set before your Majesty ;
The one the example of your most noble progenitors kings of
this realm, who from the first king' that endowed this kingdom
with the great charter of their liberties until the last, have
ordained, most of them, 1 in their several reigns some laws or
law against this kind of offenders; and specially the example of
one of them, that king who for his greatness, wisdom, glory,
and union of several kingdoms, resembleth your Majesty most
both in virtue and fortune, King Edward the third, who in his
time only made ten several laws against this mischief. The
second is the example of God himself; who hath said and pro-
nounced, That he will not hold them guiltless that take his name
in vain. For all these great misdemeanors are committed in
and under your Majesty's name. And therefore we hope your
Majesty will hold them twice guilty that commit these offences,
once for the oppressing of the people, and once more for doing
it under the colour and abuse of your Majesty's dreaded and
beloved name. So then I will conclude with the saying of Pin-
darus, Optima res aqua, not for the excellency, but for the
common use of it; and so contrariwise this matter of abuse of
purveyance (if it be not the most heinous abuse) yet certainly
it is the most common and general abuse of all others in the
kingdom.
It resteth that, according to the commandment laid upon me,
I do in all humbleness present this writing to your Majesty's royal
hands, with most humble petition on the behalf of your Com-
1 So corrected in Bacon's hand. The passage had been originally written thus :
" All pave one (who as she was singular in many excellent things, so I would she
had not been alone in this) have ordained, every one of them," etc.
160 k] REPORT OP THE KING'S ANSWER. 187
mons, that as your Majesty hath been pleased to vouchsafe your
gracious audience to hear me speak, so you would be pleased to
enlarge your patience to hear this writing read, which is more
material.
This speech was delivered on the 27th of April, while the King was
eagerly urging on the settlement of the Union, a measure which was
proceeding slowly through a variety of obstructions, very trying to his
patience, though they had not yet prevailed over it. He was not at
all in a humour to make any new difficulty, and in this case he had
no temptation. He had no sympathy with extortionate Purveyors,
whom he was always ready to hand over to the Lord Chief Justice in
case of complaint; 1 and having committed himself to no opinion
which the motion threatened to assail, he was quite ready with a gra-
cious answer and allowance. What he said we only know from the
note of Bacon's report, made to the House the next day. But there
can be no doubt that the movement, thus gracefully and judiciously
conducted, was so far quite successful. The Commons had his full
consent to proceed with their professed object, and were only desired
to confer with the Privy Council about it.
That part of Bacon's report which relates to his own introductory
speech I need not quote. It appears to have contained a full account
of what he said, without any material variation ; the notes forming
a series of memoranda from which one who had heard it might,
while it was fresh in his memory, have reproduced the substance with
great accuracy. Of the part which relates to the King's answer
the notes are hardly sufficient, in the absence of a fuller commentary,
to convey more than the general purport. But I give them as I
find them.
His Majesty's answer.
A declaration of his mind :
Of his care already.
Of his pleasure.
The name of Father of the People greater than Emperor :
S poken of those that in fact would give comfort.
Opposite to Rehoboam's answer.
He would not answer so, but he would ease the burden.
Hoped his fortune would be otherwise ; to unite where Rehoboam
hath rent and torn.
He had cause to be sorry, and glad :
1 C. J. pp. 189, 193.
188 LETTERS AND LIFE OF FRANCIS BACON. [CHAP. V.
Sorry, that the general expectation of relief and solace should
be frustrate by these men :
Glad, that there was occasion for him so well to understand
them.
He would not neglect the punishment of that which is past :
Provision for that which is to come : Satisfaction in both.
His care hath been expressed :
In summer last a definite and settled price of his provisions.
A certain number of carts.
He appealed to his Council, who, being present, testified it.
His desire and pleasure, that they would have some conference
with his Privy Council.
The petition was then read :' upon which, as the note proceeds,
The great officers of the Household gave some interruption by
way of
Disproof :
Justifying.
When complaint was made, they did justice.
Never complaint in the stable since my Lord of Worcester's
time.
The like said by the Lord Admiral, the great officer of the
Navy.
That they had these things only by relation.
Answered: They would be verified.
They did according to ancient usage.
Aiisw. Usage or prescription, contrary to a positive statute,
void.
Not possible the King should be otherwise served.
Answ. Quia mirum, magnum mysterium, that the King
could not be served, if his laws observed.
Said by a great Lord
That their offences were
Felony ;
Misdemeanour.
To be prosecuted in the country, in course of Justice : At the
Assizes or Sessions.
This was all done or said at that time. 2
The next step therefore was to be a conference with the Lords ;
1 C. J. p. 961. 2 c j p 192
1604.] CONFERENCE WITH LORDS TOUCHING PURVEYORS. 189
which was held oil the 8th or 9th of May, and seemed to show that
the difficulty would be only in the terms of the arrangement. This
however, as the matter stood, was a considerable difficulty. For the
complaint was not (as in the case of Wardship) that the practice,
though a legitimate source of profit to the Crown, was inconvenient,
and therefore a fit subject for composition ; but that it was against
the law, and therefore relief due without purchase.
Of this conference Bacon was again the reporter; what part he
had taken in it does not appear.
For Purveyors, etc., he said the Lords scope was to extermi-
nate all Purveyors, etc. That they were sensible of our griefs,
capable of our reasons, and careful of remedies. Purveyors termed
by the Lords Harpyia : Wheresoever victuals were, there they
would seize.
Our reasons had two heads ;
1. The Law was on our side.
His Majesty's means were increased ; therefore the subject
doth expect he will not press upon the people.
Answ. 1. Summumjus summa injuria : A rule between party
and party ; a fortiori in the King's case.
2. Necessitas non habet legem : a thing impossible, to main-
tain the King's charge without some help in this kind.
3. Lex Talionis : Many penal laws which the King doth not
press : He looketh for the like measure of us.
2. Touching the King's ability and bounty.
Adhuc messis in herba.
The King's charge in Ireland is yet 120,000/. per annum.
The cautionary towns 30,000/.
Impositions in Spain 30 in the hundred : We should be better
gainers by war than by peace, if not for other consideration of
state.
For remedy, they propounded composition by the subject,
50,0007. per annum.
The Shires 27,OOOZ. Supplies in specie 10,000/.
This concerns not the household and stable.
King, Queen, Prince, Duke, and all included, with House-
hold, Stable, etc., 50,000/.
The Lords and Clergy should be assessed.
Conclus. Omnia probate : quod bonum est tenete.
1 C. J. p. 204.
190 LETTERS AND LIFE OF FRANCIS BACON. [Cau>. V.
From which side the proposal of an annual payment of 50,000
by way of composition proceeded, the terms of the note do not dis-
tinctly explain ; and Mr. Gardiner assumes that it came from the
Commons. 1 I cannot myself doubt however that " they " means the
Committees of the House of Lords. It cannot be supposed that
the Committees of the Commons would have made such an offer
without authority from the House, and it appears evidently from the
notes of the subsequent debates that it was a good deal higher than
the House was prepared to go. But difficulties were found both as
to matter and manner, and their consultations amongst themselves
(in which I find no further traces of Bacon except in a recommen-
dation to be content with the substance, if they could get it, and
not to stand upon the form " That we be not in Tantalus' case,
Spectat aquas in aquis et pomafugacia captal : Since it is to be hoped
that his Majesty will give us satisfaction in the matter, let us give
him satisfaction in the manner" 2 ) ended at last in a resolution
(2 June) to postpone all further proceeding till the next session, and
to send a message to the Lords to that effect. 3
The truth was that other misunderstandings had arisen, which
made smooth proceeding at present more and more difficult. And,
to explain these, we must now follow the great Union question
through its first stages.
5.
The proceedings in relation to the Union began on the 14th of
April with a message from the Lords inviting the Commons to a
conference. Their proposition (announced by the L. Chancellor as
" the King's purpose" 4 ) was, to agree first upon a union in Name, and
proceed afterwards to the consideration of laws and government ;
their reason, I suppose, being that the Name appeared to be a simple
thing which might be settled at once j while the other would be a
long business.
It soon appeared however that an alteration by Act of Parliament
of the name and style of the two kingdoms was not so simple a thing
as it seemed to be. The debate upon the answer to be given to the
Lords' proposition turned entirely upon that point, and after lasting
four days ended in a resolution that the Union in government ought
to be agreed on first. 5
1 Hist, of England, i. 191. 2 C. J. p. 978. 3 Ib. p. 231.
4 See a paper in Dudley Carleton's hand, entitled, " The several conferences with
the Lords and debates in the Lower House touching the Union." Domestic
James I. vol. vii. A valuable paper, but unfortunately imperfect.
5 C. J. p. 179.
1601.] NOTE OF BACON'S FIRST SPEECH ON THE UNION. 191
In this debate Bacon took a prominent part. The notes in the
Journals however not being connected enough to show the tenour of
his argument, it is better to take Carleton'e account of what he said,
though it is apparently but a small portion of it.
Of his first speech (which seems to have been made on the 16th
of April, upon the report of the propositions moved by the L. Chan-
cellor on the 14th) Carleton gives the following abstract.
That there were three considerations :
Some things out of question ; as the four unions named by
the Lord Chancellor. 1
Some things not properly in question ; as the particular con-
siderations of the union in substance.
Some things now only in question : the name, and the ap-
pointing of Commissioners to treat of the matter.
That the name was Great Britany ; wherein he considered the
King's justice, his honour, and policy.
His justice, in regard of foreign Princes, upon whom he would
not usurp by any improper style of greatness, as that of Em-
peror or Great King ; though the like was assumed by others,
as by the Emperor of Germany and the Great King of Persia
and Assyria.
His honour, because honour contracted was better than honour
divided ; and compared it to one fair stone in a jewel, which
was more precious than a jewel compacted of many. That the
name was honourable for the antiquity ; and none known of old
but Albion and Britany ; but one of these was only poetical, the
other true and historical.
His policy, because a Union in name will draw on a unity in
affection betwixt the two kingdoms ; by example of the Cantons,
who under the general name of Helvetia were better united :
The like of the several kingdoms under the name of Spain, and
divers seignories under the title of Toscana.
Two objections made :
That we should change our ancient name of England.
That we should prejudge the matter, and enwrap that which
should be left free to the Committee.
Two answers :
Ever a good change for the better.
1 Viz. in sovereignty, in allegiance, in nature, and in religion. Carleton's paper.
192 LETTERS AST) LIFE OF FRANCIS BACON. [CHAP. V.
No danger to give by way of advance that which may be a
step forward to good action.
Though the debate naturally ran upon the policy of the measures re-
commended, which involved the whole subject of the Union, the
immediate business which the House had to settle was, what to do
about the conference. And when the debate, having continued
through the 18th without result, was opened on the 19th with a
strong anti-Union speech, and seemed in danger of running the wrong
way, Bacon interposed with an attempt to bring it back within its
proper bounds. Of this second speech Carleton gives the following
note.
Sir Francis Bacon, directing his speech how to order a con-
ference that was expected by the Lords touching this matter,
divided his speech into 3 parts.
1. Matter of the Conference.
2. Limitation of the Commission.
3. Disposing and ordering of the Conference.
He began with the last ; and wished that the Lower House
should not be the objectors only, but to make the case indiffe-
rent betwixt the two Houses.
Touching the second part he advised that the Commissioners
might treat generally with tbe Lords, without limitation, but
conclude nothing.
For the matter which was now seasonably to be prepared, he
made a collection of 8 objections ; whereof some were made by
Sir Maurice Barkley, who first turned the stream backward,
and others by particular members of that House the day before
and that morning.
" He would seem " (adds Carleton) " to make answers to the ob-
jections, and did only shew his good will in it : but no matter came
from him worth the noting." But whatever may have been thought
of the value of his answers, it is clear that his candour and fairness
as a reporter was felt and valued at its worth, and that his speeches
had made a favourable impression on the House ; for in all the sub-
sequent proceedings (which were very many) the leading part was
by common consent assigned to him.
The debate continued one day more, and ended at last (20th
April) in the appointment of a Committee to meet the Lords, and
hear their proposition -. with instructions to assent to a conference
concerning the appointment of Commissioners to treat of a union
1604.] THE KING SPEAKS FOE HIMSELF. 193
in Government ; but till that were settled, not to assent to any con-
ference concerning the alteration of the Name : a limitation which
was against Bacon's advice namely that they should have commis-
sion to treat of everything though not to conclude upon anything
and which (as we shall see) was not a fortunate amendment.
The King in the mean time had not been prepared to meet with
any difficulty at this stage ; and hearing of so many speeches made
in criticism of a proposition which was in fact his own, he became
desirous very naturally, though I think not very judiciously to
make a speech for himself.
" The Lower House " (says Carleton) " being thus prepared for
conference with the Lords, before the time or place was appointed,
or their message sent, the King sent to the House that as many as
could should come before him that afternoon. They came accord-
ingly, and were placed in the gallery next St. James' Park, whither
the King came about 3 of the clock, accompanied with most of the
Lords of the Parliament."
This was on Friday, the 20th of April. The next day, Bacon, who
had been selected as spokesman and reporter, gave a full account
of what passed to the House; but as the notes of his report in the
Journals (p. 953) are scarcely intelligible, and it is important to un-
derstand the position which the King really took up in this matter,
it may be convenient to give Carleton's account of it in his own
words.
" His Majesty's speech was directed to the Committees of both the
Houses, and was to this effect.
That he desired to be heard before they did consult.
That the long debating in the Lower House was against his expecta-
tion : that the doubts which were cast were but curiosities of ignorant
persons, such as sought to find knots in bulrushes.
He desired his breast were made of crystal : and though he was un-
bappily embarked in former matters, in this he liked not to have his deli-
berations questioned.
That it was the greatest and the least question that ever came in Par-
liament.
He made then a proposition of 3 parts.
That the union which is already in substance should be acknow-
ledged by an Act.
That a name should be presently given according to this union.
That a commission should be appointed to treat of such things as
do further concern the union.
He repeated certain objections ; as one, that the change was dishonour- 1st objec-
able. Wherein he held himself wronged and dishonoured ; because as tlon -
the honour of the Kings of England his predecessors doth descend upon
VOL. III.
LETTERS AND LIFE OP FRANCIS BACON. [CHAP. V.
2nd objec-
tion.
Answer.
3rd objec-
tion.
Answer.
him, so should he bear the burden of the dishonour, if there were any in
the change.
The question of names so foolish that it should not trouble wise men.
The comparison in this to be like titles and honours given to great men ;
as the Earls of Dorset and Northampton had lost nothing by accession of
their new styles.
That an enumeration of titles in a Prince were more honourable than
one single name.
If so, then might he as well call himself Lord of Cornwall, Devon,
Cumberland, Northumberland, &c.
A bunch of arrows always better than one.
And one Barony which is of great value more to be esteemed than many
petty Lordships.
Why should this matter be first propounded here, and what if Scotland
should not assent ?
