affectation. And because former laws are medicines of our understanding, he said he had perused the preambles of former statutes, and by them did see the inconveniences of this matter, being scarce then out of the shell, to be now fully ripened; and he said that the overflowing of the people makes a shrinking, and abate elsewhere; and that these two mischiefs, though they be exceeding great, yet they seem the less because qui mala cum multis patimur, leviora videntur, and though it may be thought ill and very prejudicial to lords that have inclosed great grounds, and pulled down even whole towns, and converted them to sheep pastures; yet considering the increase of people and the benefit of the commonwealth, I doubt not but every man will deem the revival of former moth-eaten laws in this point a praiseworthy thing. For in matters in policy, ill is not to be thought ill, which bringeth forth good; for inclosure of grounds brings depopulation, which brings, first, idleness; secondly, decay of tillage; thirdly, subversion of houses, and decay of charity, and charges to the poor; fourthly, impoverishing the state of the realm. A law for the taking away of such inconveniences is not to be thought ill or hurtful to the general state; and I would be sorry to see within this realm that piece of Ovid's verse prove true, Jam seges ubi Troja fuit, so in England, instead of a whole town full of people, nought but green fields, but a shepherd and a dog. The eye of experience is the sure eye, but the eye of wisdom is the quicksighted eye; and by experience we daily see, Nemo putat illud videri turpe, quod sibi sit quæstosum, and therefore there is almost no conscience made in destroying of the life, bread, I mean, for Panis sapor vita, and therefore a strict and rigorous law had need to be made against those viperous natures who fulfil the proverb, Si non posse quod vult, velle tamen quod potest, which if it be made by us, and life given unto it by execution in our several counties, no doubt they will prove laws tending to God's honour, the renown of her majesty, the fame of this parliament, and the everlasting good of this kingdom, and therefore I think them worthy to be received and read. Thus far out of the aforesaid fragmentary and imperfect journal: that which follows is out of the original Journal Book itself. In the end of which said speech, as it should seem, the said Mr. Bacon did move the house that a committee might be appointed to consider of the said matter touching inclosures.

Extract from the Journal of the House of Commons, 39 and 40 Eliz. 1597, 23rd Nov. p. 562.-Mr. Francis Bacon, one of the committee, concerning tillage and reedifying of houses and buildings (who were appointed on Saturday, the 5th day of this instant November foregoing) shewed very eloquently and at large the travels of the said committee in their sundry meetings together, with his framing a bill, by their appointment, for some fit means of procuring the reedifying of such houses and buildings; and so offered the bill to the house, and recommending the same to their good consideration, delivered the bill to Mr. Speaker.

Extract from the Journal of the House of Commons, 39 and 40 Eliz. 1597, 5th Dec. page 568.-Mr. Francis Bacon, one of the committees of the bill for tillage and building of houses (who were appointed on Saturday, the 26th day of November foregoing), shewed at large the meeting and the travel of the committees, and their framing of two new bills, and delivereth both the old and the new bill to the house.

From the Journal of the House of Commons, 8th Dec. 40 Reg. Eliz. 1597, p. 571.-Mr. Francis Bacon, one of the committees in the bill to preserve the property of stolen horses in the true owner's, brought in the bill with some amendments, which being thrice read, was ordered to be engrossed.

Extract from Dewe's Journal, 39 and 40 Eliz. 14 Jan, 1597, page 580.Mr. Bacon reciting in part the preceedings yesterday in the conference with the Lords at the court, and putting the house in mind of the objections of the Lords, delivered this day in writing by Mr. Attorney General, moved for a committee of some selected members of this house to be nominated to confer and consider upon the said objections, for the better answering of the same to the maintenance of the bill. Whereupon some desiring that the said objections might be 7


than this before us. I have been fortunate in procuring a corrected copy of the whole; and further still, a second and much better copy in MS. which I take upon comparison of hands, to be the character of our author's clerk or amanu ensis; for as the proprietor of this MS. was a lawyer by profession, so being cotemporary with our author, the probability of its being an original is the stronger. However, I presume to say, meo periculo, that the internal proofs of the excellency of this MS. so far as it goes (viz. to p. 169) are such that they make our author speak masterly sense, and render the work in a manner new. In the Harleian collection in the British Museum are the following MSS. with these titles:

Lectura Francisci Bacon unius ex consilio Dominæ Reginæ in Legibus Eruditis, Duplicis Lectoris, Super Statutum edictum 27 Hen. VIII. cap. 10. de Usibus in Possessionem transferendis. In English. Harleian MSS. British Museum, No. 1853, fol. 90-167.

Lectura secunda Francisci Bacon militis super Statutum provisum, 27 Hen. VIII. cap. 10. de usubus in possessionem tranferendis, &c. Harleian MSS. British Museum, No. 6688, f. 16.

Mr. Hargrave has written the following note on the first leaf of his copy of the edition by Rowe, now in the British Museum :-The first edition of Lord Bacon's Reading on the Statute of Uses was in 1642, which was about seventeen years after his death. In the title page of that edition it is expressed to be "The Learned Reading of Sir Francis Bacon, one of her Majesty's Counsel at Law, upon the Statute of Uses, being his Double Reading to the Honourable Society of Grayes Inne." It appears therefore to have been delivered in the reign of Queen Elizabeth. I collect also from the early part of the Reading, where Lord Bacon mentions Master Attorney's having read upon the statute, that the Reading of Lord Bacon was composed whilst Lord Coke was attorney general to Queen Elizabeth, which was from 10th April, 36th Eliz. to the end of her reign. My inference that by Master Attorney Lord Bacon meant Lord Coke, is from my having a manuscript volume of Readings, with an imperfect note of part of a reading by Lord Coke upon the Statute of Uses, entitled Lecture of Master Coke, Attorney General; and from Lord Coke's being Attorney General when the Reading by Lord Bacon was delivered, which must have been after the judgment in Chudleigh's case, in 37th Eliz. he citing that judgment as made in that year. Upon the whole, I think that Lord Bacon's Reading was delivered about three or four years before the death of Elizabeth. -F. H.

In Coke upon Littleton, 17 Edw. 1. i. c. 1. gg 4. p. 13, there is the following accidental observation by Mr. Hargrave: "As to an uses ensuing the nature of the land, see 1 Co. 127, 2 Co. 58, and Bac. Reading on Stat. Uses, 8vo. edit. 308, in which latter book the author controverts the generality of the doctrines, which certainly ought to be understood between uses and the land itself; or rather, as he expresses himself between uses and cases of possession. It may be proper to observe, that all the editions of Lord Bacon's Reading on Uses are printed with such extreme incorrectness, that many passages are rendered almost unintelligible, even to the most attentive reader. A work so excellent deserves a better edition."

3 S. Life, p. xliv.

The following selections from D'Ewer's Journal will enable the reader to form some estimate of his unremitted exertions; and will be the means of publishing some speeches not hitherto contained in any of the works.

Extract from the Journal of the House of Commons, 39 and 40 Reg. Eliz. 1597, p. 551.-Mr. Francis Bacon spake first, after that one bill, mentioned in the original Journal Book of the House of Commons, had been read the first time, viz. the bill against Forestallers, Regraters, and Ingrossers, and ma motion against inclosures and depopulation of towns and houses, of hus': and tillage; and to this purpose he brought in, as he termed it, two drawn with a polished pen, but with a polished heart free from affect.

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read, all was then further deferred till Monday next, the time being now far spent, and the house ready to rise.

Extract from Dewe's Journal, 39 and 40 Eliz. 4 Feb. 1598, page 593.Mr. Francis Bacon, one of the committees in the bill lately passed in the upper house by the Lords, and sent down to this house, against the decaying of houses and towns of husbandry, shewed the meeting and travel of the committees and amendments to the same bill, which amendments being read to the house, was very well liked of by the whole house.

Extract from Dewe's Journal, 39 and 40 Eliz. 3rd Feb. 1598, page 592.Mr. Francis Bacon, one of the committees in the bill lately passed in the upper house, and sent down by the Lords to this house, entitled an act against the decaying of towns and houses of husbandry, shewed the meeting of the committees, and that the more part of them being employed in the committee of a bill for the more speedy payment of the Queen's majesty's debts (who were appointed on Tuesday, the 31st day of January foregoing), and in the bill for the better explanation of the act made in the thirteenth year of her majesty's reign, entitled an act to make the lands, tenements, goods and chattels of tellers, receivers, &c. liable to the payment of their debts, they would proceed in the said other bill, and so moved for another meeting for that purpose. Whereupon it was ordered the same should be at two of the clock of the afternoon of this present day in the Exchequer Chamber.


Extract from the Parliamentary History, 43 Reg. Eliz. Nov. 5, 1601, p. 436. -The famous Mr. Francis Bacon, so often mentioned before, stood up to make a motion, and on the offering of a bill spoke thus:—Mr. Speaker, I am not of their minds that bring their bills into this house obscurely, by delivery only to yourself or the clerk, delighting to have the bills to be incerto authore, as though they were either ashamed of their work, or afraid to father their own children; but I, Mr. Speaker, have a bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve. I liken this bill to that sentence of the poet, who set 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 or novelty, like a stately gallery for pleasure, but neither to dine in or to sleep in: but this bill is a bill of repose, of quiet, of profit, of true and just dealings; the title whereof is, An Act for the better suppressing of abuses in weights and measures. 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 commonwealth, is unfitting in my understanding for the state thereof. I will tell you, Mr. Speaker, out of my 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 has grown so intolerable and common, that if you would build churches, you shall not need for battlements and bells other than false weights of lead and brass; and because I would observe the advice given in the beginning of this parliament, that we should make no new laws; I have only made this bill a confirmation of the statute of the 11th of Henry VII. 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 a revival of a former statute; for I take it far better to scour a stream than to 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.'

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Extract from the Journal of the House of Commons, 43 Eliz. 7 Nov. 1601, page 632.-Mr. Francis Bacon, after a repetition of somewhat was done yesterday, that the three pound men might not be excluded, he concluded that it was, Duicis tractus pari jugo, therefore the poor as well as the rich not to be exempted.

Extract from Dewe's Journal, 43 Eliz. 13 Nov. 1601, page 636.-Mr. Francis Bacon said, It is far more honourable for this house in my opinion, when our warrant shall move the principal member of justice, that when it shall com

mand a base, petty, or inferior servant to the clerk

te smens pork plan the petty bag, it will be said at our warrant emanant nevymes betyr t direct our warrants to these base others when

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Engiand by it, even as soon as either petty bezertan, ntiver Extract from Dewe's Journal, 43 Ez. 1, No. 16',, nge vÂ42 2l Raxay one of the committees in the bill touchin process an Exchequer, maketh report of the trave an WEFUN, " brought in a new bili drawn to the same puroses und the retorting tehanaal he spake as followeth (out of the private tourna Mc Noeaker br hil bath been deliberately and judiciously considere c bu Ibu pare mattoos, befán tehom, Mr. Osborn came, who I assure thi bous dire discreeath demaan hin volt. and so submissively referred the state of the whole office to the committees, te so well answered in his defence, that the work wo ransack the boup, sound the bottom of former offences, bu OL) have taket og something di was superfluous and needless Ic the Bubiera Josening the committed # have reformed part; yet they have not a neark eve even prothetik. they would pare to the quick an offres of her matest's gilt und putting This bill is both public and private: pasir because it is to do made the ject; and private, because it does no ustice to the particule, afore committees herein have not taxed the office by way of imputation, Las N

a task by removing way of imposition. I will not tell you what we f taken away, either in quo titulos, Exchequer language, or mecare in Si Ex poet, who saith, Mitte id quod scio, dic quod Topi : 1 wil omit that wriyala have known, and tell you that you know not and are to know, and w familiar terms. And so he told the substance of the bill. We found at majesty, whose eyes are the candies of our good days, had made kin by patent; in which that he might have right, her majesty's debuted on were there in centinel to see that her majesty's right might met ke si If my memory hath failed me in the delivering of the truth of the } and the committee's determination, I desire those that wen present assist me. Here is the bill. So be called aloud to the serjeant t and delivered him the bill to deliver to the Speaker, which sand kot p primé vice.

Extract from the Journal of the House of Commons, 49 File 9d no! page 644-Mr. Francis Bacon said, The gentleman that spaba so for and against the bill, that for my own part, not well heailing Pt perfectly understand him. I confess, the bill as it is, is in few wor derous and weighty. For the prerogative royal of the primes, b I ever allowed of it, and it is such as shall never be diermeerd she is our sovereign, hath both an enlarging and distighing i her prerogative she may at first set at liberty things tatmal !!) otherwise; and secondly, by her prerogative she may at this at liberty. For the first, she may grant non oberante, og laws, which truly, according to my own conscience coud or partick hee the breast), are as hateful to the subjects as monopolice any man out of his own wit, industry, or endeavour Munde and ang

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ficial for the commonwealth, or bring in any new invention, which of this kingdom may use ; yet, in regard of his pains and may majesty is pleased to grant him a privilege to you the worn sudy by Jansit his deputies for a certain time. This is one kind of mongola, there is a glut of things when they be in excessive quemity apps of com and her majesty gives license of transportation to winn kind of monopoly. Sometime there is mucity of smell go only, and the like is granted also. These and divers of this que have bon in a foi at the Common Pleas upon actions of trespass, whose it the judges and the privilege good and beneficial to the commonweald, they then will allow it otherwise, disallow it. And also I know that has majesty belsch buib bon commandment to her Attorney General to bung divers of them, since the last parliament, to trial in the Exchequer, since which time level blic or sla teen, to my knowledge, have been repealed; some by her mejnely'e napisan

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