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the decree, which mentions a bond, and thereupon CLXV. TO SIR FRANCIS BACON, HIS MAJES. got his adversary Sir George Simeon committed. TY'S ATTORNEY-GENERAL.*

Afterwards it was moved upon Simeon's part, that SIR,

there was only one debt of 2001. and that the

decree was mistaken in the penning of it, and so I Have acquainted his Majesty with your letter, must needs be understood, because the decree must and the other papers enclosed, who liketh very well of be upon the proofs ; and all the proofs went but the course you purpose touching the manifest to be

upon the 2001, in toto, and not upon any particular published of Bertram's fact; and will have you, bond: whereupon my lord chancellor referred the according to your own motion, advise with my lord consideration of the proofs, and the comparing of chancellor of the manner of it. His Majesty's them with the decree, to Sir John Tyndal and doctor pleasure likewise is, that according to the declara- Amye. tion he made before the lords of his council at

They reported, which was the killing report, that Whitehall, touching the review of my lord Coke's upon the proofs there was but one 2001. in all, and Reports, you draw a warrant ready for his signature, that had been eagerly followed by Bertram, and that directed to those judges whom he then named to Simeon had suffered by error and mistaking, and that that effect, and send it speedily to him to be signed, it were time he were released, which was a most that there may be a despatch of that business before just and true report, and yet it concluded, as is used the end of this term. And so I rest

in such cases, that they referred it to the better Your faithful friend at command,

judgment of the court; and the court upon the

reading of that report gave order that the plaintiff GEORGE VILLIERS.

Bertram should show cause by a day why Simeon Newmarket, Nov. 19, 1616.

should not be enlarged, and the plaintiff Bertram dismissed. And before the day prefixed to show cause, Bertram pistolled Sir John Tyndal.

THE CASE OF JOHN BERTRAM.

LEONARD Chamberlayne died intestate without | CLXVI. TO THE LORD VISCOUNT VILLIERS." issue, and left a sister married to Bertram, and a niece afterwards married to Sir George Simeon.

MY VERY GOOD LORD, The niece obtained letters of administration, and I am glad to find your lordship mindful of your did administer; but afterwards upon appeal, Ber- own business, and if any man put you in mind of it, tram in the right of his wife, that was the sister, I do not dislike that neither; but your lordship may obtained the former administration to be repealed, assure yourself, in whatsoever you commit to me and new letters of administration to be committed to your lordship’s farther care shall be needless : for I Bertram and his wife, because the sister was nearer desire to take nothing from my master and my friend of kin than the niece,

but care ; and therein I am so covetous, as I will Thereupon Bertram brings his bill in chancery leave them as little as may be. against the first administratrix, to discover the true Now therefore things are grown to a conclusion, state of the intestate, and to have it set over unto touching your land and office, I will give your lordhim, being the rightful administrator; and this cause ship an account of that which is passed; and accoming to hearing, it did appear that there was a quaint your judgment, which I know to be great debt of 2001. owing by one Harris to the intestate: and capable of any thing, with your own business ; whereupon it was decreed, that the debt of Harris that you may discern the difference between doing by bond should be set over to Bertram, and likewise things substantially, and between shuffling and talkthat all other moneys, debts, and bonds, should be ing: and first for your patent. assigned over to him. In the penning of this First, It was my counsel and care that your book decree there was an error or slip; for it was penned should be fee-farm, and not fee-simple; whereby the that a debt by Harris by a bond of 2001. should be rent of the crown in succession is not diminished, Set over, whereas the proofs went plainly that it was and yet the quantity of the land, which you have bat 2001. in toto upon divers specialties and writings. upon your value, is enlarged; whereby you have l'pon this pinch and advantage Bertram moved still both honour and profit. that the bond of 2001. should be brought in, and at Secondly, By the help of Sir Lionel Cranfield I last the defendant alleging that there was no such advanced the value of Sherbourn from 26,0001. bond, the court ordered that the money itself, (which was thought and admitted by my lord treanamely, 2001. should be brought in: which was surer and Sir John Deccombe, as a value of great done accordingly, and soon after by order of the favour to your lordship, because it was a thousand court it was paid over to Bertram.

pound more than it was valued at to Somerset) to When Bertram had this 2001. in his purse, he thirty-two thousand pounds; whereby there were six would needs surmise, that there was another 2001. thousand pounds gotten, and yet justly. due by Harris upon account, besides the 2001. due Thirdly, I advised the course of rating Hartingboy one singular bond, and still pressed the words of ton at a hundred years' purchase, and the rest åt • Stephens's Second Collection, p. 23.

† Stephens's First Collection, p. 108.

sion ;

thirty-five years' purchase fee-farm, to be set down who was tied to Somerset, it would have been suband expressed in the warrant ; that it may appear ject to some clamour from Somerset, and some ques. and remain of record, that your lordship had no tion what was forfeited by Somerset's attainder, being other rates made to you in favour, than such as pur- but of felony, to the king ; but now they coming in chasers upon sale are seldom drawn into; whereby | from a new chief justice, all is without question or you have honour.

scruple. Fourthly, That lease to the feoffees, which was Thus your lordship may see my love and care kept as a secret in the decke, and was not only of towards you, which I think infinitely too little in Hartington, but also of most of the other par-respect of the fulness of my mind ; but I thought ticulars in your book, I caused to be throughly good to write this, to make you understand better looked into and provided for ; without which your the state of your own business, doing by you as I do assurance had been nothing worth: and yet I han- by the king; which is, to do his business safely and dled it so, and made the matter so well understood, with foresight, not only of to-morrow or next day, as you were not put to be a suitor to the prince for but afar off; † and not to come fiddling with a rehis good will in it, as others ignorantly thought you port to him what is done every day, but to give him must have done.

up a good sum in the end. Fifthly, The annexation,* which no body dreamt I purpose to send your lordship a kalendar fair of, and which some idle bold lawyer would perhaps written of those evidences which concern your estate, have said had been needless; and yet is of that for so much as have passed my hands; which in weight, that there was never yet any man that truth are not fit to remain with solicitors, no nor would purchase any such land from the king, ex- with friends, but in some great cabinet to be made cept he had a declaration to discharge it, I was pro- for that purpose. vident to have it discharged by declaration.

All this while I must say plainly to your lordSixthly, Lest it should be said that your lordship ship, that you fall short for your present charge, was the first, except the queen and the prince, that except you play the good husband; for the office of brake the annexation, upon a mere gift; for that Teynham is in reversion; Darcey's land is in reverothers had it discharged only upon sale, which was all the land in your books is but in reversion, for the king's profit and necessity ; I found a remedy and yields you no present profit, because you pay for that also, because I have carved it in the declar. the fee-farm. So as you are a strange heteroclite ation, as that this was not gift to your lordship, but in grammar, for you want the present tense; many rather a purchase and exchange, as indeed it was, verbs want the præterperfect tense, and some the for Sherbourn.

future tense, but none want the present tense. I Seventhly and lastly, I have taken order, as much will hereafter write to your lordship, what I think as in me was, that your lordship in these things of for that supply ; to the end that you may, as you which you have passed be not abused, if you part have begun to your great honour, despise money, with them : for I have taken notes in a book of where it crosseth reason of state or virtue. But I their values and former offers.

will trouble you no farther at this time.

God ever Now for your office.

preserve and prosper your lordship. First, Whereas my lord Teynham, at the first,

Your true and most devoted servant, would have had your lordship have had but one life

Nov. 29, 1616.

FR. BACON. in it, and he another; and my lord treasurer, and the solicitor, and Deccombe, were about to give way to it: I turned utterly that course, telling them that you were to have two lives in it, as well as Somer- CLXVII. TO THE LORD VISCOUNT set had.

VILLIERS, ABOUT DUELS.: Secondly, I have accordingly, in the assurance from your deputies, made them acknowledge the

MY VERY GOOD LORD, trust, and give security not only for your lordship's DELIVERED the proclamation for cloth to secretime, but after; so as you may dispose, if you should tary Winwood on Saturday, but he keepeth it to die, which I would be sorry to live to, the profits of carry it down himself, and goeth down, as I take it, the office by your will, or otherwise, to any of your to-day. His Majesty may perceive by the docket of friends for their comfort and advancement.

the proclamation, that I do not only study, but act Thirdly, I dealt so with Whitlocke as well as that point touching the judges, which his Majesty Heath, as there was no difficulty made of the sur- commandeth in your last. render.

Yesterday was a day of great good for his MaLastly, I did cast with myself, that if your lord- jesty's service, and the peace of this kingdom conship's deputies had come in by Sir Edward Coke, cerning duels, by occasion of Darcy's case. I spake

The annexation; by which lands, &c. were united or an- veries or shiftings of dangers and mischiefs when they are nexed to the duchies of Cornwall and Lancaster.

near, than solid or grounded courses to keep them aloof. † Certainly the wisdom of foresight and prevention is far But this is but to try masteries with fortune; and let men beabove the wisdom of remedy; and yet I fear the following ware how they neglect and suffer matter of trouble to be preobservation Sir Francis Bacon makes in his essay of empire, pared; for no man can forbid the spark, nor tell whence it concerning the times in or near which he lived, hath been verified too much in others. This is true, that the wisdom Stephens's First Collection, p. 192. of all these later times in princes' affairs, is rather fine deli

may come,”

+

big, and, publishing his Majesty's strait charge to any offence past, for that strikes before it warns. me, said, it had struck me blind, as in point of I wish also it may be declared to be temporary, duels and cartels, &c. I should not know coronet until a parliament; for that will be very acceptable from a hatband. I was bold also to declare how to the parliament; and it is good to teach the excellently his Majesty had expressed to me a con- parliament to work upon an edict or proclamation templation of his touching duels ; that is, that when precedent. he came forth and saw himself princely attended For the manner, I should think fit there be pubwith goodly nobles and gentlemen, he entered into lished a grave and severe proclamation, induced by the thought, that none of their lives were in certainty the overflow of the present mischief. not for twenty-four hours from the duel ; for it was For the ordinance itself: first, I consider that but a heat or a mistaking, and then a lie, and then offence hath vogue only amongst noble persons, or à challenge, and then life: saying, that I did not persons of quality. I consider also that the greatest narvel, seeing Xerxes shed tears, to think none of honour for subjects of quality in a lawful monarchy, his great army should be alive once within a hun- is to have access and approach to their sovereign's dred years, his Majesty were touched with compas- sight and person, which is the fountain of honour : sion to think that not one of his attendance but and though this be a comfort all persons of quality might be dead within twenty-four hours by the duel. do not use ; yet there is no good spirit but will This I write because his Majesty may be wary what think himself in darkness, if he be debarred of it. he saith to me, in things of this nature, I being so Therefore I do propound, that the principal part of apt to play the blab. In this also I forgot not to the punishment be, that the offender, in the cases prepare the judges, and wish them to profess, and hereafter set down, be banished perpetually from as it were to denounce, that in all cases of duel approach to the courts of the king, queen, or prince.

to

,

wards the insolent murder by the duel, and the in- prosecution by the king's attorney, ore tenus, in the sidious murder; and that they will extirpate that star-chamber: for the fact being notorious, will difference out of the opinions of men ; which they always be confessed, and so made fit for an ore tenus. did excellent well.

And that this prosecution be without respect of perI must also say, that it was the first time that I sons, be the offender never so great; and that the beard my lord of Arundel speak in that place; and fine set be irremissible. I do assure your lordship he doth excellently become Lastly, For the causes, that they be these following: the court; he speaketh wisely and weightily, and yet 1. Where any singular combat, upon what quareasily and clearly, as a great nobleman should do.* rel soever, is acted and performed, though death do There hath been a proceeding in the king's bench

not ensue. against Bertram's keeper, for misdemeanor, and I 2. Where any person passeth beyond the seas, bare put a little pamphlet, prettily penned by one with purpose to perform any singular combat, though Mr. Trotte, that I set on work, touching the whole it be never acted. business to the press, by my lord chancellor's advice. 3. Where any person sendeth a challenge.

I pray God direct his Majesty in the cloth busi- 4. Where any person accepteth a challenge. Dess, that that thorn may be once out of our sides. 5. Where any person carrieth or delivereth a His Majesty knoweth my opinion ab antiquo. Thanks challenge. be to God for your health, and long may you live to 6. Where any person appointeth the field, dido us all good. I rest

rectly or indirectly, although it be not upon any Your true and most devoted servant,

cartel or challenge in writing. FR. BACON.

7. Where any person accepteth to be second in any quarrel.

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PROPOSITION FOR THE REPRESSING OF
SINGULAR COMBATS OR DUELS, IN THE CLXVIII. TO THE LORD VISCOUNT
HAND-WRITING OF SIR FRANCIS BACON.+

VILLIERS. I
First, for the ordinance which his Majesty may

IT MAY PLEASE YOUR LORDSHIP, isablish herein, I wish it may not look back to I pray let his Majesty understand, that although

My Lord of Arundel descended from the noble family of duke of Norfolk to the university of Oxford, where they are the Howards; his grandfather the duke of Norfolk losing his among others of the famous Seldeu fixed to the walls enclosing e pathe account of Mary queen of Scots, and his father the Theatre. It were to be wished, that the great number of fering some years' imprisonment under sentence of con- ancient statues which adorned his house and gardens, and 262000: he was restored in blood, and to the titles of Arun- have since been much neglected, had met with as safe a re

su Surry, 1 Jac. made a privy counsellor on the 25th of pository. The eloquence which Sir Francis Bacon doth here Jav, 1616, and afterwards earl marshal of England, and gene- commend in this lord, is much the same which in the beginning ral is the arus y sent against the Scots by king Charles I. But of his “* Advancement of Learning” he doth attribute to the

* the beginning of our civil wars he retired into Italy, king, in the words of Tacitus, concerning Augustus Cæsar: * borte le had spent part of his youth, and returned to the reli- Augusto profluens, et quæ principem deceret eloquentia na be har professed, dying at Padua in 1616. He was a fuit.' Iman of a noble aspect, and of a noble nature, a great † On occasion of this letter, in which is mentioned Sir Fran8.87940 and antiquary, who with much care and cost procured cis Bacon's speech against duels, it may not be improper to 2.uy valuable antiquities and inscriptions to be brought from insert here this curious paper from Sir David Dalrymple's 4, Greece, and Italy into England, and placed them in or Memorials and Letters, 51. svar huis garden at Arundel-house in the Strand; several of Stephens's Second Collection, p. 32. sich were very generously presented by his grandson the

my lord chancellor's answer touching the dismission ness in good case, whereof I gave him a particular of the Farmers' cause, was full of respect and duty, account. yet I would be glad to avoid an express signification The queen calleth upon me for the matter of her from his Majesty, if his Majesty may otherwise house, wherein your lordship and my lord chamberhave his end. And therefore I have thought of a lain and I dealt, and received his Majesty's direccourse,

that a motion be made in open court, and tion, so that I shall prepare a warrant first to my that thereupon my lord move a compromise to some lord treasurer and Mr. Chancellor, for that is the to be named on either part, with bond to stand to right way, to advise how to settle it by assignment, their award. And as I find this to be agreeable to in case she survive his Majesty, which I hope in my lord chancellor's disposition, so I do not find but God she shall not. the Farmers and the other party are willing enough Her desire was expressly and of herself, that when towards it. And therefore his Majesty may be I had prepared a warrant to be sent to his Majesty, pleased to forbear any other letter or message touch. I should send it by your lordship’s hands. ing that business. God ever keep your lordship. We sit in council, that is all I can yet say; Sir

John Denham is not come, upon whose coming Your lordship's true and most devoted servant,

the king shall have account of our consultations

FR. BACON. touching Ireland, which we cannot conclude till we Jan. 23, 1616.

have spoken with him. God ever preserve and prosper you.

It grieveth me much that I cannot hear enough

of his Majesty's good disposition of health, and his CLXIX. THIS LETTER WAS WRITTEN TO THE pleasures, and other ordinary occurrences of his

EARL OF BUCKINGHAM, ON THE SAME journey. I pray your lordship will direct Mr. DAY SIR FRANCIS BACON WAS DECLARED Packer to write to me some time of matters of that LORD KEEPER OF THE GREAT SEAL.*

kind; I have made the like request of Sir Edward MY DEAREST LORD,

Villiers, by whom I write this present, to whose It is both in care and kindness, that small ones

good affection I think myself beholden, as I do also float up to the tongue, and great ones sink down esteem him much for his good parts, besides his into the heart in silence. Therefore I could speak

nearness to your lordship, which bindeth me above all. little to your lordship to-day, neither had I fit time: Your Lordship’s most faithful and devoted friend but I must profess thus much, that in this day's

and servant, work you are the truest and perfectest mirror and

FR. BACON, C. S. example of firm and generous friendship that ever 7 Apr. 1617. was in court. And I shall count every day lost, wherein I shall not either study your well doing in thought, or do your name honour in speech, or per- CLXXI. TO THE RENOWNED UNIVERSITY form you service in deed. Good my lord, account OF CAMBRIDGE, HIS DEAR AND REVERand accept me,

END MOTHER. Your most bounden and devoted friend and

I AM debtor to you for your letters, and of the servant of all men living,

time likewise, that I have taken to answer them.

FR. BACON, C. S. But as soon as I could choose what to think on, I March 7, 1616.

thought good to let you know ; that although you may err much in your valuation of me, yet you shall not be deceived in your assurance: and for the other

part also, though the manner be to mend the picture CLXX. TO THE EARL OF BUCKINGHAM.

by the life ; yet I would be glad to mend the life by MY SINGULAR GOOD LORD,

the picture, and to become, and be, as you express When I heard here your lordship was dead, I

me to be.

Your gratulations shall be no more wel. thought I had lived too long. That was, to tell

come to me, than your business or occasions; which your lordship truly the state of my mind, upon that I will attend; and yet not so, but that I shall enreport. Since, I hear it was an idle mistaking of deavour to prevent them by my care of your good. my lord Evers for my lord Villiers. God's name

And so I commend you to God's goodness. be blessed, that you are alive to do infinite good, Your most loving and assured friend and son, and not so much as sick or ill disposed for any thing

FR. BACON, C. S. I now hear. I have resigned the prince's seal, and lord

my

Gorhambury, Apr. 12, 1617.
Hobart is placed. I made the prince laugh, when
I told him I resigned it with more comfort than I
received it; he understanding me that I had changed

CLXXII. TO THE EARL OF BUCKINGHASIS

MY SINGULAR GOOD LORD, for a better: but after I had given him that thought, I turned it upon this, that I left his state and busi- I am now for five or six days retired to my house Stephens's First Collection, p. 191.

# Rawley's Resuscitatio. † Stephens's Second Collection, p. 33.

§ Stephens's First Collection, p. 196.

God ever

in the country: for I think all my lords are willing | referred it, it was not so fit for her to write to your to do as scholars do, who though they call them lordship for the despatch of it, but she desired me holy-days, yet they mean them play-days.

to thank your lordship for your former care of it, We purpose to meet again on Easter-Monday, and and to desire you to continue it: and withal she go all to the spital sermon for that day, and therein desireth your lordship not to press his Majesty in to revive the ancient religious manner, when all the it, but to take his best times. This answer, becouncil used to attend those sermons, which some cause I like it so well, I write to you at large ; for neglect in queen Elizabeth's time, and his Majesty's other matters I will write by the next. great devotion in the due hearing of sermons him- prosper you and preserve you. self with his council at the court, brought into desue

Your lordship's most faithful and devoted friend tude. But now our attendance upon his Majesty,

and servant, by reason of his absence, cannot be, it is not amiss

FR. BACON, C. S. to revive.

London, 19 Apr. 1617. I perceive by a letter your lordship did write some days since to my lord Brackley, that your lordship would have the king satisfied by precedents, that letters patents might be of the dignity of an earldom CLXXIV. TO MR. MATTHEW, IN REFLECTION without delivery of the patent by the king's own

UPON SOME ASTRONOMERS IN ITALY. hand, or without the ordinary solemnities of a creation. I find precedents somewhat tending to the

Sir, same purpose, yet not matching fully. But how- I write to you chiefly now, to the end, that by soever let me, according to my faithful and free the continuance of my acquaintance with you by manner of dealing with your lordship, say to you, letters, you may perceive how much I desire, and that since the king means it, I would not have your how much I do not despair of the recontinuance of lordship, for the satisfying a little trembling or our acquaintance by conversation. In the mean time panting of the heart in my lord or lady Brackley, to I wish you would desire the astronomers of Italy to expose your lordship's self

, or myself, whose opinion amuse us less than they do with their fabulous and would be thought to be relied upon, or the king our foolish traditions, and come nearer to the experimaster, to envy with the nobility of this realm; as ments of sense; and tell us, that when all the planets, to have these ceremonies of honour dispensed with, except the moon, are beyond the line in the other which in conferring honour have used to be observed, hemisphere for six months together, we must needs like a kind of doctor Bullatus without the ceremony have a cold winter, as we saw it was the last year. of a commencement: the king and you know I am For understanding that this was general over all not ceremonious in nature, and therefore you may these parts of the world ; and finding that it was think, if it please you, I do it in judgment. God cold weather with all winds, and namely west-wind, ever preserve you.

I imagined there was some higher cause of this Your lordship's most faithful and devoted friend effect; though yet I confess I thought not that ever and servant,

I should have found that cause so palpable a one as FR. BACON, C. S. it proved; which yet, when I came quickly after

wards to observe, I found also very clearly, that the I purpose to send the precedents themselves by summer must needs be cold too; though yet it were my lord of Brackley; but I thought fit to give you generally thought, that the year would make a shift some taste of my opinion before.

to pay itself, and that we should be sure to have Gorhambury, Apr. 13, 1617.

heats for our cold. You see, that though I be full of business, yet I can be glad rather to lay it all aside, than to say nothing to you. But I long much

more to be speaking often with you, and I hope I CLXXIII. TO THE EARL OF BUCKINGHAM.* shall not long want my wish.

MY SINGULAR GOOD LORD, I PRAY your good lordship to deliver to his Majesty the enclosed.

CLXXV. TO THE KING, ABOUT THE SPANISH I send your lordship also the warrant to my lord

MATCII. treasurer and Mr. Chancellor of the exchequer for the queen's † house: it is to come again to the

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, king, when the bill is drawn for the letters patents; Mr. Vice-Chamberlain hath acquainted myself for this is only the warrant to be signed by his and the rest of the commissioners for the marriage Majesty.

with Spain, which are here, with your Majesty's I asked the queen, whether she would write to instructions, signed by your royal hands, touching your lordship about it; her answer was very modest that point of the suppressing of pirates, as it hath and discreet, that because it proceeded wholly from relation to his negotiation; whereupon we met bis Majesty's kindness and goodness, who had yesterday at my lord admiral's at Chelsea, because • Stephens's Second Collection, p. 37.

Sir Tobie Matthew's Collection of Letters, p. 25. † Somerset-House.

§ Stephens's First Collection, p. 197.

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