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2.

On the 26th of June the invincible Countess of Shrewsbury was again brought before the Star-chamber upon a charge similar to that which she had been called to answer six years before. There was a rumour abroad that the Lady Arabella had left a child. The Countess was thereupon sent for and interrogated. Refusing to answer, she was committed to the Tower for contempt. And now being brought before the Star-chamber she maintained her resolution in face of the Court, pleading a vow formerly made not to answer any article touching the Lady Arabella. For this she was sentenced to pay a fine of £20,000 and to be imprisoned until she should acknowledge her offence and submit. In a report of the proceedings which is to be seen among the State Papers, the substance of the several sentences is given in order. Of Bacon's, which came last, I find the following note.

LORD CHANCELLOR.

I am sorry for the Lady. Her offence is against the law, and her allegiance is subject to fine and ransom.3

All subjects owe to their
King duty

of covenant
of counsel

allegiance
for advice

of testimony for discovery

Take away these, and you pull out the King's eyes.

Five circumstances that aggravate the offence.

1. The person, eminent, of excellent wit and temper, therefore the greater in example.

2. The occasion, the rumour of the La. Arabella's having a child.

3. The generality of her vow, a grief to the sovereign, an offence to God. If there should be a conspiracy against the King or state, she will not answer. This draws suspicion.

4. Relapse. She committed the like offence before, and falls in to it again.

5. A dumb spirit, which must be cast out. He agrees in all things with the former censures.

It seems that she remained inexorable. For I find that in the following August the King sent Coke with the Attorney and 1 See Vol. IV. p. 296. 2 S. P. Dom. vol. xcvii. no. 126. 3 So in MS.

Solicitor-General to offer her the oath of allegiance, which she absolutely refused.'

On the same day Bacon delivered his charge to the Judges before the Summer Circuits; of which we are indebted to Sir Julius Cæsar, for the following note; a note however set down not for our information, but only for the assistance of his own memory.

26 JUNE, 1618.

STAR-CHAMBER. MY L. CHANCELLOR'S SPEECH TO THE

JUDGES.2

Who can go before the King, or who can follow the King. The K. liketh the last certificate of the Judges, and imputeth the quiet of the kingdom much to the Judges' care.

Old precepts to be refreshed with new.

A Jove principium.

1. Recusants the ill-affected disease of this kingdom; not increased of late.

Non progredi est regredi; remitteth them to the printed book. New opinions spread very dangerous, the late Traske a dangerous person.3 Prentices learn the Hebrew tongue.

2. Poverty beggars and vagabonds, house them or hunt them, or employ them in work.

2000 prentices bound in Norfolk.

Cherish manufactures, old and new; especially draperies.

3. Ale houses, nuisances of manners, drinking intolerably at the Assizes. Clerk of the peace and market do not look to the assises of beer and bread.

4. Mending the highways, gulling (?) carriages with 4 wheels. 9 or 10 horses in a cart. Things to be reduced to the old proportion. None to go with more than 5 or 6 horses in a cart.

5. Buildings in the city and about, not to be fed with meat, nor cleansed by sewers, nor kept from sickness. The remedy to pull down the houses, and those of the rich first, and those of the poorest after.

1 Chamberlain to Carleton, 13 Aug. 1618.

2 Lansd. MSS. 160. f. 331. In Sir Jul. Cæsar's hand.

3 Here is one Thraske, who was first a Puritan, then a Separatist, and now is become a Jewish Christian, observing the Sabbath on a Saturday, abstaining from swine's flesh and all things commanded in the law. You will not think what a number of foolish followers he hath in this town, and some other parts, and yet he hath not been long of this opinion. He and divers of them are in prison, but continue obstinate; whereby a man may see there can arise no such absurd opinion but shall find followers and disciples." Chamberlain to Carleton, 14 Feb. 1617-18.

3.

On the 12th of July, 1618, Bacon was created Baron Verulam of Verulam. Whether this justifies us in styling him "Baron of Verulam" (as has been commonly done for the last two hundred years wherever his titles are enumerated) is a disputable question,1 but not one in which his own reputation is interested. He never used that addition himself, but styled himself, if writing English, "Francis Lord Verulam;" if writing Latin, "Franciscus de Verulamio:" and it was doubtless as Verulam, or Lord Verulam, that he expected the next ages to know him and speak of him. I think everybody who has been concerned with him as editor or biographer must agree with me in regretting that the next ages did not take the hint. Being invited to call him by a name as handsome in sound and associations as any that England could have furnished, they have fixed upon him one of the ugliest and most vulgar; a name associated chiefly with the poorest kind of joke (and quite as much so since he bore it as before), and so common-place, that in order to make it serve the purpose of distinguishing him from the rest of his surname at all, they have been obliged to invest it with a title to which it never had any pretence. An attempt has indeed been made of late to justify the title of " Lord Bacon" by the analogy of "Lord Coke," "Lord Hale," and others. And it is true that chief justices retained in popular speech the prefix of "Lord," though never made Peers. But this practice did not extend to the Judges in Chancery. Sir Thomas More was Lord Chancellor More, but was never called Lord More. Sir Nicholas Bacon was Lord Keeper Bacon, but was never called Lord Bacon. And so through all the list of Lord Keepers, Lord Chancellors, and Masters of the Rolls. Francis Bacon is the only one who even in popular speech ever bore the prefix of 'Lord,' otherwise than in conjunction with the title under which he was called to the Upper House. How his case came to be an exception, it is not difficult to divine. While he was only Sir Francis Bacon, he had acquired a popular reputation under that name. As long as he was Lord Verulam, he was also Lord Chancellor, and was so spoken of. When he ceased to be Lord Chancellor, he ceased to be before the public, and was scarcely spoken of at all. Hence it happened

See "Notes and Queries," 4th Ser. vol. vi. p. 40. Camden, whose authority on such a point should be weighty, sets the first example. "Julii 12. Cancellarius creatur cum investiturá Baro de Verulamio." Annalium Apparatus, p. 33. The patent (11 July) as given in Rymer recognizes the title "Baron Verulam" in the heading (De Francisci, Baronis Verulam, creatione), but in the body of the document there is no "Baro Verulam” but only “Baro de Verulamio." "Eidemque Francisco nomen, stylum, titulum et honorem baronis de l'erulamio dedimus et præbuimus," etc.

that people never became familiar with either of his proper titles of nobility. When Lord Verulam or Lord St. Albans was spoken of it was necessary to explain that the person meant was Sir Francis Bacon; and thus the surname, which he had himself meant to part with for ever, had to reappear upon the title-pages of his works. And when in the course of time other candidates arose for both his other names,-when "Lord St. Albans" was a De Burgh or a Jermyn, and "Lord Verulam" a Grimston,-the patronymic, already popular, became indispensable. As a man, he must be Bacon; as a Peer, he must be Lord and the two together make " : Lord Bacon." And so, I fear, it must remain. To correct the name by which a famous man is popularly known is a vain ambition, and I can do no more than abstain in my own person from committing or sanctioning the barbarism. The surname, though a continual annoyance, I am obliged continually to use: but the false title may be dispensed with, if people are so disposed. And if when these volumes want binding the binder is directed to put "Francis," instead of "Lord," on the backs, it will not appear anywhere in this edition except in quotations from other writers.

In the next paper, which attests his continued diligence in the great business of setting the finances on a sound footing, he for the first time in this correspondence signs himself Francis Verulam. Those which follow will not, I think, be found to require any

comment.

ORDERS CONCEIVED AND AGREED UPON BY THE LORDS AND OTHER COMMISSIONERS FOR THE TREASURY AT WHITEHALL THE 24TH OF JULY, 1618.1

First, it is ordered that there shall be a clear and perfect distinction kept between the receipts and payments made before Saturday last and those made since and in the time to come. And to that end a true certificate to be presently brought in of the state of the Receipt at that day, that the remain then resting in every teller's hand may appear.

2. A collection to be also presently made of all orders dated before that day for issuing of moneys, whereupon part is paid and part unpaid, that what resteth unpaid may appear by itself. And upon every several order an entry to be made of what is remaining unpaid; that no more monies at all be issued thereupon. But these remainders to be allowed only upon new orders as

1 Lansd. MSS. 165. f. 274. Copy: one of Sir Julius Cæsar's papers.

there shall be direction given from time to time when money shall come in to clear the same.

3. That a book be presently made of all pensions and payments usually paid by debentur in general setting down in one column the certain yearly due for every particular, and in a second column what is at Midsummer last behind of the same, distinguishing the necessary servants of the King Queen Prince and Lady Elizabeth, as also of the officers of his Maty's Exchequer, and others of like attendance, from other pensioners at large, every company and sort by themselves. That the nature of their particular service or employment may appear, as well as their

wages.

4. How the receipts of this week made since Saturday last shall be issued for his Maty's present service, the said Commissioners have subscribed to a note in writing which the Auditor of the Receipt and Clerk of the Pells are to see duly observed; and no money to be issued otherwise than according to that direction at their peril. And on Saturday next, or else as soon as may be, a perfect and true certificate to be brought to the said Commissioners under the said officers' hands, both of the receipts and issues of each several teller's office for the week then ended and the remains of the same; and that weekly certificates be continued constantly from henceforward whether the receipts be more or less, taking care that no sums be therein allowed that are not formerly truly paid to the parties by good and sufficient warrant.

5. Upon the weekly certificates brought in and delivered to Mr. Chancellor, the Commissioners will meet (if there be cause) and consider how that money remaining upon that weekly certificate may be issued to give best dispatch to his M. service, and set down their direction in writing for the same, and by what teller the particulars shall be paid, which it is agreed shall be duly observed without any power in the Clerks to add or diminish to or from the same unless upon any pressing occasion of his M. service the said Commissioners shall give special warrant for anything or in any other manner than is mentioned in the general weekly directions. And this course to be continued from week to week through the year.

6. That the tellers of the receipt shall give no bill for any sums received nor any tally be stricken by way of anticipation or assignation or otherwise for the same, till the money be really

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