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He said (we are told) among many other things

That the last Parliament there were so many other bills for the relief of the Poor that he called it a Feast of Charity. And now this statute of 39° having done so much good as it was delivered to the House, and the Lord Keeper having told him that he never revoked but one decree of the Commissioners, we should do a most uncharitable action to repeal and subvert such a mount of charity; and therefore we should rather tenderly foster it than roughly cry away with it.

I speak (quoth he) out of the very strings of my heart; which doth alter my ordinary form of speech; for I speak not now out of the fervency of my brain, etc.

So he spake something more against the bill put in by Mr. Phillips for repeal: by reason Bishops' lands were put in, and inrolments, etc., which he said was a good fetch and policy for the sole practices1 of the Chancery.

Mr. Phillips answered, That he would not speak as he had spoken, rather out of humour than out of judgment; neither had he brought to the House a market-bill or mercer's bill concerning the state, etc. And so, after many persuasions for the bill, and bitter answers to Mr. Bacon, he ended with desire to put it to the question whether it should be repealed by the public act or by his private bill.2

A long debate followed, which ended in an agreement that it should be repealed by the general Act.

Without knowing what were the provisions of the new bill, as originally proposed, it is impossible to guess what should have made Bacon so vehement; for the mere form of proceeding could hardly involve anything very material: but there is no doubt about the fact. Not only was it remembered and noticed in the House the next day, but it seems that the counsel of the night had not restored him to his usual composure. The next morning a question of privilege was under discussion. Sir Francis Hastings-whose brother, Lord Huntington, was one of the parties interested-was going to speak a second time, when the following dialogue occurred:

3

"Mr. Bacon interrupted him, and told him it was against the course.' To which he answered, 'He was old enough to know when and how often to speak.' To which Mr. Bacon said, 'It was no

Sic. qu. practisers ? 3" In nocte consilium."

2

Townshend, p. 291; Harl. MSS. 2283, fo. 92 b. Essay of Counsels, vi. p. 426.

matter, but he needed not to be so hot in an ill cause.' To which Sir Francis replied, 'In several matters of debate a man may speak often so I take it is the order. : He (pointing to Mr. Bacon) talks of heat. If I be so hot as he was yesterday, then put me out of doors.""

And again in the afternoon, when two bills were to be debated, and there was some dispute which should have precedence, Townshend tells us that "Mr. Francis Bacon kept such a quoil to have the bill concerning Charitable Uses put to the question," that the other bill "was clean hushed up."2

Nothing, however, remains to show what the points in dispute were: and in the end a new Act was passed for precisely the same purpose as the former-only with several new provisoes and some limitation of the power confided to the bishops-under the title of "An Act to redress the misemployment of lands, goods, and stocks of money, heretofore given to Charitable Uses;" whether satisfactory to Bacon or not, I cannot say.

1 Townshend, p. 297. Harl. MSS. 2283, fo. 97 b.

2 Ib. p. 298, fo. 98.

40

CHAPTER II.

A.D. 1601-1603. DECEMBER-APRIL.

1.

ÆTAT. 41-43.

WHEN a man is afflicted with chronic disease of the purse his worst friend is a too liberal lender. In June, 1594, Anthony Bacon, in thanking his mother for assenting to some arrangement for the satisfaction and assurance of Mr. Nicholas Trott, described him as a friend who had shown more real confidence and kindness" towards himself and Francis, than "all their brothers and uncles put together would have performed, if they had been constrained to have had recourse to them in the like case." But in June, 1594, Francis was in continual expectation of being made Solicitor-General, and was beginning to be actually employed in business of the learned counsel. Before the end of 1596 the hope of the Solicitor-Generalship was extinct, his other prospects dim, his credit at a discount, and the kind and confident friend turned into the aggrieved and complaining creditor.2 As it usually happens in such cases, either story taken by itself sounds reasonable: and the evidence is not complete enough to give us the means of judging between them. Abuse of confidence is complained of on both sides; by the creditor, in the shape of promises unperformed; by the debtor, in the shape of usurious interest demanded; and on both sides, I dare say, the complaint was sincere; though in a transaction between friends the presumption is commonly against the borrower, because the lender can always behave like a gentleman if he will, whereas the borrower has not perhaps the means of doing so. Bacon, not being able to repay what he had borrowed, was forced at last to mortgage Twickenham Park; and it seems that the deed gave Trott a right of entry if the debt were not paid before November, 1601. To avoid this, Bacon,-now owner of all that his brother had left, and with

1 Vol. I., 323, note.

* See Trott's letter to Anthony Bacon, 7 Aug. 1597. Lambeth MSS. 661, 170. And Anthony's to Francis, 7 Dec. 1596. Add. MSS. Br. Mu. 4122, 186.

some ready money from Catesby's fine to help,-resorted to his
friends Maynard and Hickes, who endeavoured to negociate a set-
tlement of Trott's claims. The matters in dispute were referred
to the Lord Treasurer. And I suppose it was either with a view
to that reference, or to some subsequent question arising out of it,
that the following statement was drawn up by Bacon. The original
is preserved among the Lansdowne MSS., but is not in Bacon's own
handwriting, and has no date. The docket, written in another hand,
which I take to be Hickes's, merely describes it as "The state of the
cause betwixt Mr. Fra. Bacon and Mr. Trott."

The state of the account between Mr. Trott and
me, as far as I can collect it by such remem-
brances as I find; my trust in him being such
as I did not carefully preserve papers; and my
demands upon the same account.1

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About a twelvemonth after, I borrowed of
him, first upon communication of mort-
gage of land, and in conclusion upon bond 1200 7.
But then upon interest and I know not what

reckonings (which I ever left to his own
making) and his principal sum, amounting
to 1700l. was wrapped up to 2000 l., and
band given according as I remember.
And about August xliido Rnæ I borrowed of
him upon the mortgage of Twicknam p
So as all the monies that Mr. Trott
time amount to the

lent at any

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pk.

950 l.

The total of Trott's

principal.

2650 l.

1 Lansd. MSS. lxxxviii. fo. 50.

Mr. Trott's receipts at several

times.

Trott's receits.

The debt depending.

His further de

mands of interest till November. The total of his demands.

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He received about 4 years since, upon sale of
a lease I had of the parsonage of Red-
bourne

He received about 3 years since, upon sale of
the manor of Burstone

He received about 2 years since, of Mr.
Johnson of Gr. Inn, being my surety for
2007. principal

300 l.

450 l.

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800 l.

He received of my cousin Kemp, another of
my sureties, at the least.

He hath received in divers small sums of 40,
30, 107., upon computation of interest

233 l.

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100 l.

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210 /.

So as the sums which he hath re-
ceived amount to the total of. 2093 l.

He hath now secured unto him, by mortgage
of Twicknam Park . .

Upon my cousin Cooke's band
Upon Mr. Ed. Jones's band
Upon mine own band

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12597. 12s

2107.

208 l.

220 l.

18971. 12s

1381. 48.8d

2035.16.8

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So as the whole sum of principal and
interest amounteth to

Deduct out of this the principal, viz.. 2650 l.

Remaineth in interest grown

Upon this account I demand the abatement of some part of the interest, considering he hath been beholding to me, and his estate good and without charge, and mine indebted. And this I demand because upon every agreement and renew of assurance he made faithful promise (as himself confessed before my Lord Treasurer) that he would submit the interest to arbitrament of

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