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3 C. Life, p. xxxv.

The Elements of the Common Lawes of England, branched into a Double Tract: the one containing a Collection of some principall Rules and Maximes of the Common Law, with their Latitude and Extent. Explicated for the more facile Introduction of such as are studiously addicted to that noble profession. The other the Use of the Common Law, for the preservation of our Persons, Goods, and Good Names. According to the Lawes and Customes of this Land. By the late Sir Francis Bacon, knight, Lo. Verulam, and Viscount S. Alban. Videre Vtilitas. London, Printed by the Assignees of Iohn More, Esquire. 1630. Editions were also published in 1636 and 1639.

3 D. Life, p. xxxv.

REGULA I. In jure non remota causa, sed proxima spectatur. It were infinite for the law to judge the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.

As if an annuity be granted pro consilio impenso et impendendo, and the grantee commit treason, whereby he is imprisoned, so that the grantor cannot have access unto him for his counsel: yet, nevertheless, the annuity is not determined by this non-feasance; yet it was the grantee's act and default to commit the treason, whereby the imprisonment grew: but the law looketh not so far, but excuseth him, because the not giving counsel was compulsory, and not voluntary, in regard of the imprisonment.

He proceeds in the same manner to prove by other instances the rule which he had established.

3 E. Life, p. xxxv.

The preface continues thus: Having collected three hundred of them, I thought good, before I brought them all into form, to publish some few, that by the taste of other men's opinions in this first, I might receive either approbation in mine own course, or better advice for the altering of the other which remain ; for it is great reason that that which is intended to the profit of others, should be guided by the conceits of others.

3 F. Life, p. xxxv.

Atque quemadmodum vulgaris logica, quæ regit res per syllogismum, non tantùm ad naturales, sed ad omnes scientias pertinet; ita et nostra quæ procedit per inductionem, omnia complectitur. Tam enim historiam et tabulas inueniendi conficimus de irâ, metu, et verecundiâ, et similibus; ac etiam de exemplis rerum civilium; nec minùs de motibus mentalibus memoriæ, compositionis et divisionis, judicii, et reliquorum : quàm de calido et frigido, aut luce, aut vegetatione, aut similibus.

3 G. Life, p. xxxvi.

I hold every man a debtor to his profession; from the which, as men of course, do seek to receive countenance and profit, so ought they of duty to endeavour themselves, by way of amends, to be a help and ornament thereunto. This is performed in some degree by the honest and liberal practice of a profession, when men shall carry a respect not to descend into any course that is corrupt and unworthy thereof, and preserve themselves free from the abuses wherewith the same profession is noted to be infected; but much more is this peformed if a man be able to visit and strengthen the roots and foundation of the science itself; thereby not only gracing it in reputation and dignity, but also amplifying it in perfection and substance. Having, therefore, from the

beginning come to the study of the laws of this realm, with a desire no less, if I could attain unto it, that the same laws should be the better for my industry, than that myself should be the better for the knowledge of them; I do not find that, by mine own travel, without the help of authority, I can in any kind confer so profitable an addition unto that science.

The same grateful feeling is expressed by Sir E. Coke, who says, "If this or any other of my works, in any sort, by the goodness of Almighty God, who hath enabled me hereunto, tend to some discharge of that great obligation of duty wherein I am bound to my profession, I shall reap some fruits from the tree of life, and I shall receive sufficient compensation for all my labours.”

Different Editions and MSS.

Editions of it were published in 1636 and 1639 ; of this work there are the following MSS. In Harleian MSS. vol. 2-227, there is MSS. of Maxims of the Law, written by Sir Francis Bacon, and by him inscribed to Queen Elizabeth, 8th January, 1596. There are some other observations relating to law at the end of the book.-Use of the Law, Cat. 291. Sloane's MSS.

There is also a MSS. in the University Library, Cambridge, entitled “ Maxims of Law."

It is thus noticed by Archbishop Tennison, when enumerating Lord Bacon's law works in the Baconiana :-The fourteenth is, the Elements of the Common Laws of England, in a double tract: the one of the rules and maxims of the common law, with their latitude and extent. The other, of the use of common law, for the preservation of our persons, goods, and good names. These he dedi cated to her majesty, whose the laws were, whilst the collection was his.

3. Life, p. xxxvi.

Sir, I have thought the contemplation of the art military harder than the execution. But now I see where the number is great, compounded of sea and land forces, the most tyrones, and almost all voluntaries, the officers equal almost in age, quality, and standing in the wars, it is hard for any man to approve himself a good commander. So great is my zeal to omit nothing, and so short my sufficiency to perform all, as besides my charge, myself doth afflict myself. For I cannot follow the precedents of our dissolute armies, and my helpers are a little amazed with me, when they are come from governing a little troop to a great; and from to all the great spirits of our state. sometimes I am as much troubled with them, as with all the troops. though these be warrants for my seldom writing, yet they shall be no excuses for my fainting industry. I have written to my Lord Keeper and some other friends to have care of you in my absence. And so commending you to God's happy and heavenly protection, I rest your true friend, ESSEX.

Plymouth, this 17th of May, 1596.

And

But

As specimens of the correspondence between them, see Bacon's letter to Essex, vol. xii. p. 17, and Bacon's letter, ibid. p. 20.

31. Life, p. xxxvii.

The following account of the Essays, collected with much labour, will, it is hoped, be acceptable to the reader.

First edition, 1597.

Seene

Essayes. Religious Meditations. Places of persuasion and disswasion. and allowed. At London Printed for Humfrey Hooper, and are to be sold at the black Beare in Chancery Lane. 1597.

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The first edition of the Essays was published in the year 1597. The Epistle Dedicatorie. "To M. Anthony Bacon his deare Brother. Louing and beloued brother I do now like some that haue an orcharde il neighbored, that gather their fruit before it is ripe, to preuent stealing. These fragments of my conceits were going to print: to labour the stay of them had bene troublesome, and subiect to interpretation: to let them passe had bin to

aduentur the wrong they mought receiue by vntrue coppies, or by some garnishment which it mought please any one that shold set them forth to bestow upon them. Therefore I helde it best discretion to publish them my selfe as they passed long agoe from my pen without any further disgrace, then the weakenes of the author. And as I did euer hold there mought be as great a vanitie in retyring and withdrawing mens conceits (except they be of some nature) from the world, as in obtruding them: so in these particulars I haue played my selfe the inquisitor, and find nothing to my vnderstanding in them contrary, or infectious to the state of religion, or manners, but rather (as I suppose) medicinable. Onely I disliked now to put them out, because they will be like the late newe halfepence, which though the siluer were good, yet the pieces were small. But since they would not stay with their master, but wold needs trauel abroad, I haue preferred them to you, that are next myself, dedicating them, such as they are, to our loue, in the depth whereof (I assure you) I somtimes wish your infirmities transslated upon my selfe, that her maiesty mought haue the seruice of so active and able a mind, and I mought bee with excuse confined to these contemplations and studies for which I am fittest, so commende I you to the preseruation of the diuine maiestie. From my chamber at Grayes Inne, this 30 of Ianuary, 1597.

It consists of ten Essays.

1. Of Studie.

2. Of Discourse.

Your entire louing brother, FRAN. BACON."

3. Of Ceremonies and Respects. 4. Of Followers and Friends.

5. Of Sutors.

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The volume is in 12mo. and consists of thirteen double pages, not very correctly printed. Ex. gr. In the table of contents the first essay is "of Studie;" in the body of the work it is "of Studies." So again, in the table of contents, the fifth essay is Sutors;" in the body of the work it is "of Sutes," &c. &c. Lord Bacon's favorite style was, I am inclined to think, in aphorisms, as he states in various parts of his works, and particularly in the advancement of learning under the head of Tradition, where, amongst other styles, he considers "style methodical or in aphorisms:" and, as may be seen in the Novum Organum, which is composed wholly in aphorisms. This first edition of the Essays, although apparently in continued discourse, is really severed and in aphoThe following is an exact copy of part of the first essay, and they are all separated in the same manner.

risms.

Reade not to contradict, nor to believe, but to waigh and consider. ¶ Some bookes are to bee tasted, others to be swallowed, and some few to be chewed and disgested that is some bookes are to be read only in partes; others to be read but cursorily, and some few to be read wholly and with diligence and attention.

Histories make men wise, poets wittie, the mathematicks subtle, naturall philosophie deepe: morall grave, logicke and rhetorick able to contend.

There are two copies of this edition in the University library at Cambridge: and there is Archbishop Sancroft's copy in Emanuel library: there is a copy in the Bodleian, and I have a copy.

This small volume contains, as appears by the title-page, not only the essays, but Religious Meditations and Places of Perswasion and Disswasion. The religious meditations are in Latin, and are not printed, as the essays are, for Hooper and the paging is not continued from the essays, but begins page 1. The following is a copy of the title-page: Meditationes Sacræ. Londini. Excudebat Iohannes Windet, 1597. At the conclusion of the volume is, "Printed at London by John Windet for Humfrey Hooper, 1597." So that, although the name of Hooper does not appear in the title prefixed to the Meditationes Sacræ, it is evident that Windet was the printer for Hooper.

At the conclusion of the Meditationes Sacræ, a tract entitled " Of the Coulers of Good and Evil, a Fragment,” is annexed. The paging is continued from

the Meditationes Sacræ. The following is a copy of the title-page: Of the Coulers of Good and Euill, a Fragment. 1597. In the Advancement of Learning, under the head of Rhetoric, there are one or two specimens of these colours: and, under the same head in the treatise De Augmentis, they are much enlarged.

Second Edition, 1598.

Essaies. Religious Meditations. Places of Persuasion and Disswusion. Seene and allowed. London, printed for Humfrey Hooper, and are to bee solde at the Blacke Beare in Chauncery Lane, 1598. This is a 12mo. of forty-nine pages. It is nearly a transcript of the first edition, except that the Meditationes Sacræ are translated into English, and the separation into aphorisms is discontinued; the paging continues through the whole work; but, at the end of the Meditations, there is the following title-page: Of the Colours of Good and Evill, a Fragment, 1598.

In the Lansdown manuscripts in the British Museum there is a manuscript, in antient writing, of this or the first edition of the Essays. It is in vol. ii. p. 173. It cannot, I think, be the original MS. as there are not titles to the different essays, but they are written, and not by the same hand, in the margin.

There is also in the Harleian MSS. 6797, a MS. of two Essays, of Faction and of Negotiating, with cross lines drawn through them. At the conclusion of the volume there is, " Imprinted at London by John Windet for Humphrey Hooper, 1598." As the printers and publishers are the same in this edition and in the edition of 1597, it seems probable that this edition was sanctioned by Lord Bacon.

Third Edition, 1606.

Essaies. Religious Meditations. Places of Persuasion and Disswasion. Seene and allowed. Printed at London for Iohn laggard, dwelling in Fleete Streete, at the Hand and Starre, neere Temple Barre, 1606. This is in 12mo. and is not paged. It is a transcript of the previous editions, but was I suspect pirated.

1st. It is not published by Lord Bacon's publisher; and it will be seen, in the progress of his Essays, that when an edition was published by Bacon, it was regularly followed by an edition published by Jaggard.

2nd. The dedication in 1597 is to M. Anthony Bacon, and in this edition in 1606 it is to Maister Anthony Bacon.

3dly. The signature in 1597 is Fran. Bacon, in this of 1606 is Francis Bacon.

Fourth Edition, 1612.

The next edition was in 1612. It is entitled, The Essaies of Sr Francis Bacon, Knight, the King's Solliciter Generall. Imprinted at London by Iohn Beale, 1612. It was the intention of Sir Francis to have dedicated this edition to Henry Prince of Wales, but he was prevented by the death of the prince on the 6th of November in that year. This appears by the following letter: To the most high and excellent prince, Henry, Prince of Wales, Duke of Cornwall, and Earl of Chester.

It may please your Highness,-Having divided my life into the contemplative and active part, I am desirous to give his majesty and your highness of the fruits of both, simple though they be. To write just treatises, requireth leisure in the writer, and leisure in the reader, and therefore are not so fit, neither in regard of your highness's princely affairs, nor in regard of my continual service; which is the cause that hath made me choose to write certain brief notes, set down rather significantly than curiously, which I have called Essays. The word is late, but the thing is ancient; for Seneca's epistles to Lucilius, if you mark them well, are but essays, that is, dispersed meditations, though conveyed in the form of epistles. These labours of mine, I know, cannot be worthy of your highness, for what can be worthy of you? But my hope is, they may be as grains of salt, that will rather give you an appetite than offend you with satiety. And although they handle those things wherein both men's lives and their persons are most conversant; yet what I have attained I know not; but I have endeavoured to make them not vulgar, but of a nature, whereof a man shall find much in experience, and little in books; so as they are neither repe

NOTE

titions nor fancies. But, however, I shail most humbly desire our ganess o accept them in gracious part, and to conceive, nati cannot EN. JUL bust shew my dutiful and devoted affection o "our ngness n nese things whic proceed from myself, I shail be much more ready to tnerforce y

of your princely commandments. And so visning your felicity, I rest your Highness most humble servant,

1612.

It was dedicated as follows:

mess up

ER. BACON

To my loving Brother, Sir John Constable, Knight.

My last Essaies I iedicated to my deare brother Master kuthony Bacon, who is with God. Looking amongst my papers his vacation, I found others of the same nature: which if I myseife shall not suffer to be lost, it seemeth the world will not: by the often printing of the former. Missing my brother, Iouad you next, in respect of bond both of neare alliance, and of straight friendship and societie, and particularly or communication in studies. Wherein I must acknowledge my selfe beholding to you. For as my businesse found rest in my contemplations; so my contemplations ever found rest in your louing conterence and judgment. So wishing you all good, I remaine

The Table of Essays is,

1. Of Religion.

2. Of Death.

Your louing brother and friend, FRA. BACON.

3. Of Goodnes and goodnes of

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It is an octavo of 241 pages; and the two last y" that toplot and "Of War and Peace," although mentioned in the tan

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