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God's principally, and by him committed unto us within the precinct of our kingdoms as his minister upon earth, to whom likewise they are subordinate; and we do likewise charge and command all our Judges, Justices, Sheriffs, Undersheriffs, Bailiffs, and others to whom it may appertain, to take knowledge that it is our express will and pleasure that all persons which have freehold according to the law (other than such as we shall by our express letters patents privilege and discharge, which we mean to do moderately, and but upon special circumstances, and upon a reasonable fine as hath been used) shall be returned to serve upon Juries as occasion shall require; foreseeing also that they use a respect that the same persons be not too oft returned and troubled; but that the service may rest more equally and indifferently upon the whole body of freeholders in every county, the one to ease and relieve the other; wherein nevertheless our intention is not but that there be a discretion retained in returning the more principal persons upon the greatest causes. And above all we do strictly admonish and prohibit our said sheriffs and the undersheriffs and bailiffs, that they presume not at their uttermost peril directly or indirectly to take any manner of reward profit or gratification whatsoever for sparing or forbearing any person whom the law doth allow to be returned upon the service aforesaid, upon pain to be punished with all severity according to our laws, and also as contemners of this our Royal prohibition.

The idea was approved by the Government, and the proposed Proclamation, with many additions, omissions, and alterations, chiefly by Salisbury, but without substantial variation, so far as I can see, was published by authority on the 5th of October, 1607. The seed fell upon soil too hard trodden by custom to nourish and make it grow; and it is not likely that it will ever bear fruit in old England. But reason does not die, and it may be that in some younger community the principle may yet be taken up by "the common sense of most," and the function of the petty Jury may come to be regarded as equal in dignity to any.

1"A book of Proclamations, published since the beginning of his Majesty's most happy reign over England, etc., until the present month of Feb. 3, anno dom. 1609."

393

INDEX TO VOLUME III.

The small roman numerals refer to the Preface.

ADVANCEMENT.

Advancement of Learning, design and
commencement of, 88.
Finished and published, 248.
Letters with presentation copies,
252-256.

Translation of into Latin, 300-302.
See 363.

Alexander the Great's retort to Parme-
nio, 308.

Alfred the Great, divisions of the land
instituted by, 373.

Algiers, Spanish enterprise against, 45.
47.

Anderson, Sir Edmund, C. J. Common
Pleas, death of, 257.
Andrews, Dr. Launcelot, Bishop of
Chichester, why called by Bacon
his "inquisitor," 256. See 55.
Ante nati (Scottish subjects born before
Elizabeth's death) Naturali-

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A.

B.

BACON.

Ante nati-continued.

zation of recommended, 241. 306.
Distinction between them and the
Post nati, 333, 334. 339-341.
See Naturalization.

Aquila, Don Juan d', his invasion of
Ireland and Proclamation against
Elizabeth, 76.

Aragon, cause of a rebellion in, 96. 320.
Assurances, bill concerning, 34.
Attainder, rule of inheritance how af-
fected by, 341.

Attorney General. See Coke. Hobart.
Attorney of the Wards, 199.
Atye, Sir Arthur, 199.

Aubrey, John, on an alleged proposition
by Ralegh relative to the suc-
cession to Q. Eliz. 72.

On Ralegh's plot for entrapping
Cobham and his friends, 135.

Bacon, Francis-continued.

His opinion of Coke, 5.

Sum assigned to him out of the
fines imposed on Essex's asso-
ciates, 14.

His view of the true relation be-
tween Crown and Parliament,
and the impolicy of calling Par-
liament ostensibly for money
only, 17.

His speech on bringing in Bill
against abuses in weights and
measures, 17, 18.

His speech for repealing super-
fluous laws, 19.

His speech on a point of privilege,

21. note.

His speech on bringing up the
report of Bill touching the Ex-
chequer, 22.

His speech against Bill declaring
monopolies illegal, 26. 28.
2 D

Bacon, Francis-continued.

His speech in support of Towns-
hend's motion, 29, 30, 31.
His speech against motion for apo-
logetic message, 33 note.
Short notes of other speeches:

On the Merchants' Assurance
Bill, 34.

Against repealing the Statute of
Tillage, 34.

Against making a judicial ex-
position of a Statute part of
a Statute, 36.

Against committing to the Tower

for an assault on a member's
servant, 37.

Against repeal of Act relating

to Charitable Trusts, 37-39.
His excitement on the occasion,
Ibid.

His pecuniary embarrassments;
mortgage of Twickenham Park,
and account with Nicholas Trott,
40-44.

His Letter to Cecil after the defeat
of the Spaniards in Ireland;
with "Considerations touching
the Queen's Service" there, 45-
51.

His desire to be favourably re-
garded by the new King, 56.
Letters in recommendation of his
services:

To Michael Hickes, 57.
To the Earl of Northumber-
land, 51.

To David Foulis, 59. 64.

To Bruce, Abbott of Kinloss,
(sent by Toby Matthew)
60, 61.

To Sir Thomas Challoner, 63.
To Mr. Davys, 65.

To Dr. Morison, 66.

His idea of the advice which should
be given to the King, embodied
in the draft of a Proclamation
sent to the Earl of Northumber-
land, 66-71.

Is continued in the office of Learned
Counsel under the same con-
ditions as before, 72. 78.
His letter to Toby Matthew con-
cerning the first proceedings of
the King, 73.

His letter to Robert Kemp con-
cerning the state of things on
the death of the Queen, 74.
His relations with the Earl of
Southampton, and letter to him
upon his approaching liberation,
75, 76.

His personal interview with the
King, and letter to the Earl
of Northumberland describing

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His probable motive in writing the
Advancement of Learning, 88.

His Discourse on the Union of
Kingdoms, 89-99.

His view of the dispute between

the High Churchmen and the
Puritans, 100-103.

His "Considerations touching the
better Pacification and Edifica-
tion of the Church of England.”
addressed to the King, 103-127.
His suggestions mostly adopted by
the King, 129.

Not employed in the investigation
of the Priests' plot, or the trial
of Ralegh, 133. 136.

His "Apology in certain imputa-
tions concerning the late Earl
of Essex" occasion and object
of the publication: why ad-
dressed to Lord Montjoy, 136—

160.

The vindication complete, if his
statements are to be believed,
161.

Reasons for believing them, 162.
Part taken by him on the pro-

ceedings upon Sir F. Goodwin's
case, 164, 165.

Advises the House to agree to a
conference with the Judges, 166,

167.

Is employed to deliver to the Lords
reasons against such Conference,
167.

Reports to the House what passed,
167, 168.

Is appointed spokesman at con-
ference with the Judges, and
called upon for a report, 169—
171.

His proceeding approved, 172.
His suggestion of a course for ter-
minating the dispute between
the Commons and the Warden
of the Fleet in the case of Sir
Thomas Shirley, 175 and note.

Bacon, Francis-continued.

Member of a subcommittee to re-
port upon the new edition of the
Book of Common Prayer, 177.
Reports resolutions of Committee
concerning Wardship, 178.
Reports conference with the Lords
concerning the same, 179, 180.
Chosen by the House to present to
the King their petition touching
Purveyors, 181.

His speech on the occasion, 181—
187.

His report of the King's answer,
187, 188.

His report of conference with the
Lords on the same subject, 189.
His advice to the House, 190.
His speech on the Union of the
two Kingdoms in name, 191.
His speech on preparations for
conference with the Lords, 192.
His report of the King's speech
to the Committees of both
Houses, 195.

His enumeration of the sorts of
objections to be avoided, 195,

196.

His reports from the Committee,

of objections to be urged at con-
ference with the Lords against
the change of name, 196. 197—
200.

His speech at the conference, and
report of the same, 201, 202.
His reports of subsequent confer-
ences, 202-204.

Delivers in the draft of an Act for
the authorising of Commissioners,
etc., 204-206.

Chosen by the Commons for one of

the Commissioners,
Deprecates proposed address of
satisfaction to the King, 208.

note.

Reports conference touching the
Bishop of Bristol's book, 208,
209.
Reports conference concerning the
Bill of Subsidy of Tonnage and
Poundage, 214.

Supports motion for Committee to
consider of some gratuity to be
offered to the King, 215. note.
Letter to Toby Matthew, desiring
his help in preparing some re-
port, 216.

Receives a grant by patent of the

office of Learned Counsel; also
a pension for life of 607., 217.
Desires a conference with Sir
Robert Cotton about the Union,
ibid.

"Certain Articles or Considera-

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His employments as one of the
Commissioners of the Union,
240, 241.

Prepares a preface to the report,
which was not adopted: its
value, 242-245.

Passed over on a vacancy in the
Solicitor Generalship, 247.
Publishes the "Advancement of
Learning," 248.

Recommends the Lord Chancellor
to take measures for getting a
history of Great Britain com-
piled, 248-252.

Letters to Northampton, Bodley,
Salisbury, Buckhurst, the Lord
Chancellor, and Toby Matthew,
with copies of the "Advance-
ment of Learning," 252-256.
His relations with Bishop An-
drews, 256.

Again passed over on a legal va-
cancy occurring, 257.
Examination of a man who had

heard another express sympathy
for the Gunpowder Plot, 257,

258.

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Is selected with others to conduct
the argument on behalf the
Commons in a conference con-
cerning Purveyors, 267.
Reports the proceedings, 267-268.
Speaks in favour of composition,
269, 270.

Carries up the Bill against Pur-
veyors, 271.

His approval of the proceedings of
the House with regard to the
Subsidy Bill, 273.

Letters to Salisbury on the subject,
275. 277.

Report from the Committee, 276.
Appointed to read the collection of
grievances to the King, 282.
His report of the King's speech in
reply, ibid.

His reply to an objection that

Bacon, Francis-continued.

members of the House, being of
the Learned Counsel, could not
be witnesses for the Crown, 283.
His objections to a bill for the re-
gulation of fees, 285-287.
Letter to Salisbury upon a rumour
of the intended promotion of the
Attorney General, 288-290.
His marriage, 290–292.
His letters to the King, the Lord
Chancellor, and the Earl of
Salisbury on occasion of Sir H.
Hobart being made Attorney
General, 293-297.

His letter to Sir T. Hobby on the
death of his friend Bettenham,
297-299.

His memorial and inscription to

Bettenham in Gray's Inn Gar-
dens, 299.

Proposes to Dr. Playfere to trans-

late the Advancement of Learning
into Latin, 299-302.

His advice to the House how to
proceed with the Instrument of
Union, 303, 304.

His Speech in favour of general

Naturalization, 307–325.
His reports of conferences on the
question of Law as affecting
Naturalization, 327-332.
His speech against the motion for
Union of Laws, 335–341.
Chairman of Committee upon the
Bill for abolishing hostile laws,
343.

His difficulties in getting the pre-
amble accepted, 344.

His report of the speeches of
Salisbury and Northampton on
the Merchants' petition for re-
dress of wrongs from Spain,
347-361.

Made Solicitor-General, 362.
Final settlement of his plan of the

Great Instauration, 363–365.
Correspondence with Bodley on
the subject, 365, 366.
Relations with Salisbury, 367.
Part taken by him upon the ques-
tion of the Jurisdiction of the
Council of Wales. 368.

His "View of the Differences in
question betwixt the King's
Bench and the Council in the
Marches," 368-384.
Suggestion for settling the dispute,
384, 385.

Draft of Proclamation touching

the Marches, 385-388.

Draft of Proclamation for James,
389-392.
Bacon, Friar, 153.

Barker, Mr. Serjeant, 5.

Barkley, Sir Maurice. See Berkely.
Barnham, Alderman, father of Bacon's
wife, 290.

Barnham, Alice, married to Bacon,
290.

Her character and conditions, 291.
Beard, one, "suspected for a papist and
practiser," 257.

Examination of his bootmaker's
servant, 258.

Bedford, Earl of, fine imposed on, for
complicity in Essex's plot, 14.
Beeston, Sir Hugh, a guest at Bacon's
wedding feast, 291 note A.
Berkely, Barklay, Barkley, Sir Mau-
rice, part taken in the conference
on the Scottish union by, 192,
200, 344.

Seconds a motion for a Committee
of Supply, 274.

Berwick "endued with the liberty of
a Staple" for commerce between
English and Scottish traders,
220.

Question of erecting there a court
of justice for the Borders, 221.
Bettenham, Jeremiah, Reader of Gray's
Inn, death of, 297.

His claim on Sir T. Hobby, 298.
Inscription to his memory by
Bacon, 299.

Bingley, a colonist turned pirate, 353.
Birch, Editor of Bacon's works, 2. 4. 79.
His treatment of Anthony Bacon's
correspondence, 6.
Bishops, circumstances in the govern-
ment of, 108-114.

King James's Conference with
them at Hampton Court, 127-
129.

See 210. 264, 265. Bristol, Bishop
of. Church. Convocation.
Black, Mr. John, "a beardless boy,"
his views of conformity, 127.
Blackbourn, Editor of Bacon, 320 note.
323 note.

Board of Green Cloth, 270. 272. 273.
Bodley, Sir Thomas, letter to him from
Bacon, with copy of the "Ad-
vancement of Learning, 253.
His correspondence with Bacon
respecting the "Cogitata et

Visa," 365, 366.

Bowyer, Mr., "my L. Treasurer's
man," in Committee on Hostile
Laws, 344.

Brabant, Duke of, answer of Edw. III.

to a petition of the Commons
concerning him, 356.

Bracton on the power of kings, 373.
Breach of Privilege, cases of:

Arrest of a member's solicitor, at
the suit of a tailor, 24, 25.

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