1 This and the 9 following Corrigenda are from a MS. which I did not see till wards each other. The occasion was a motion made by Bacon in the Exchequer for B A VIEW OF THE DIFFERENCES IN QUESTION BETWIXT THE KING'S BENCH AND THE COUNCIL IN THE MARCHES SUGGESTION SUBMITTED TO THE EARL OF SALISBURY FOR THE SETTLING OF THE DISPUTE BETWEEN THE KING'S 4. A new President appointed with a new set of Instructions PROCLAMATION TOUCHING THE MARCHES 5. Attempt to improve the constitution of petty juries by getting LETTERS AND LIFE OF FRANCIS BACON. BOOK III. CHAPTER I. A.D. 1601. APRIL TO DECEMBER. 1. ÆTAT. 40. Ir is singular that of two men so remarkable in their several ways as Bacon and Coke,-whose fortunes, objects, tastes, ideas, and dispositions crossed each other at so many points, and whose business must have brought them so continually into company and so frequently into conflict, the personal relations should be so little known. No anecdotes have been preserved by the news writers of the day which enable us to form a clear idea of their behaviour to each other when they met, the style of their conversation, or the temper of their courtesies. Of one or two collisions on matters of official business occurring at a later time we have Bacon's report; and of one or two passages of good-humoured repartee. But if it were not for the two letters which come next in order, we should know nothing of the sort of personal feeling which, on one side at least, must have lain very near the surface, and been ready on provocation to break out. From the fact that Bacon on this occasion thought it expedient to set down in writing a memorandum of what passed, while it was fresh, we may infer that the case was exceptional. But if his report be true, it must be taken to imply a great deal as to the terms upon which the two men habitually stood towards each other. The occasion was a motion made by Bacon in the Exchequer for re-seizure of the lands of a relapsed recusant. In what way such a motion was likely to affront the Queen's attorney-general, who had never shown any tenderness for such offenders, I am not sure VOL. III. 5 B that I understand correctly. But I suppose that the recusant in question had been previously discharged from the penalties of recusancy upon submission: and Bacon's argument for the reseizure may have reflected on the management of the case on that occasion in the Queen's behalf. "Reseiser" (says Cowell)" is a taking again of lands into the King's hands, whereof a general livery or ouster le main was formerly missued by any person or persons, and not according to form and order of law." If such had been the case here, it may have been through Coke's fault. The thing is not elsewhere alluded to, so far as I know: nor was this report made public at the time, or meant to be published afterwards. It was addressed privately to Sir Robert Cecil, and remained among the collections at Hatfield, where Murdin finding it sent a copy to Birch, who printed it in his "Letters, Speeches, Charges," etc., in 1763. From his copy I take it, only with a slight alteration in the date, which as given by Birch (24th of April, 1601) involves a difficulty. For as the letter was obviously written either on or immediately after the first day of a term, and Easter Term did not begin in 1601 till the 29th of April, there must be a mistake somewhere. And the figures 4 and 9 being, in Bacon's hand, often very like each other, and the whole difficulty being removed by the correction of that figure, I have not hesitated to make it. Even if the original manuscript has been correctly copied, it is easier to suppose a slip of Bacon's own pen, than to explain the date in any other way. To MR. SECRETARY CECIL.1 It may please your Honour, Because we live in an age where every man's imperfections is but another's fable; and that there fell out an accident in the Exchequer, which I know not how nor how soon may be traduced, though I dare trust rumour in it, except it be malicious or extreme partial; I am bold now to possess your Honour, as one that ever I found careful of my advancement and yet more jealous of my wrongs, with the truth of that which passed; deferring my farther request until I may attend your honour; and so I continue Your Honour's very humble and particularly bounden, FR. BACON. Gray's Inn, this 29th of April, 1601. 1 Letters, Speeches, etc., p. 21. 2 24th in Birch's copy. But as Easter Term in 1601 began on the 29th of April, there can be little doubt that it is a mistake. A true remembrance of the abuse I received of Mr. Attorney General publicly in the Exchequer the first day of term; for the truth whereof I refer myself to all that were present. I moved to have a reseizure of the lands of Geo. Moore, a relapsed recusant, a fugitive, and a practising traytor; and shewed better matter for the Queen against the discharge by plea, which is ever with a salvo jure. And this I did in as gentle and reasonable terms as might be. Mr. Attorney kindled at it, and said, "Mr. Bacon, if you have any tooth against me, pluck it out; for it will do you more hurt than all the teeth in your head will do you good." I answered coldly in these very words; "Mr. Attorney, I respect you: I fear you not: and the less you speak of your own greatuess, the more I will think of it." He replied, "I think scorn to stand upon terms of greatness towards you, who are less than little; less than the least;" and other such strange light terms he gave me, with that insulting which cannot be expressed. Herewith stirred, yet I said no more but this: "Mr. Attorney, do not depress me so far; for I have been your better, and may be again, when it please the Queen." With this he spake, neither I nor himself could tell what, as if he had been born Attorney General; and in the end bade me not meddle with the Queen's business, but with mine own; and that I was unsworn, &c. I told him, sworn or unsworn was all one to an honest man; and that I ever set my service first, and myself second; and wished to God, that he would do the like. Then he said, it were good to clap a cap. utlegatum upon my back! To which I only said he could not; and that he was at a fault; for he hunted upon an old scent. He gave me a number of disgraceful words besides; which I answered with silence, and shewing that I was not moved with them. The threat of the capias utlegatum was probably in reference to the arrest of Bacon for debt in September, 1598. See Vol. II. p. 106. What the "further request" may have been, or what the issue of it, we have no information. But it appears from an undated letter printed by Dr. Rawley in the 'Resuscitatio' from Bacon's own register, and suiting this occasion very well though usually placed later, |