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The pennyng of ye 2 Lawes concernyng recusants. No gift with his penne in proclamacions and ye like. A great wysdome to know quid præscribere quid permittere, and to let nature woork: fault in Barwikes cause. The comis. of de
populac. 3 refourmed ; So for Alehouses. M Chancel. to speak wth Tipper for bookes to be brought me as
whose my L. Treas. were loth, sed innuendo. [f. 6, b.] To advise some partic. Kalendar were made by Tipper, that yf
he dye the service may not fayle, at lest his bookes now syned
Title and the records vouched.
Noting it to Hickes and yt my L. hath been once or twise
about it. Causing the waulkes about ye wall to be sanded and made hand
so. against Hickes comyng. So the old waulkes wth rayles and swept : Plott to be made of my poole; and the waulk through Pray wood and ye stand thear on the hill for pro
spect. To corresp. wth Salsb. in a habite of naturall but nowayes peri
lous boldness, and in vivacity, invention, care to cast and enterprise (but with dew caution, for this maner I judg both in his nature freeth ye standes, and in his ends pleaseth
him best and promiseth most use of me. [f. 7.] To make profite of some thing in leas of ye Qs by Evans inform.
Salsb. and Cary.
So for Alehouses. It appears from the abstract of the Privy Council Registers that on the 28th of February 1607-8, the Justices were ordered " not to proceed in the matter of alehouses upon his M. letters and instructions lately sent unto them”; that on the 4th of March other directions were sent to them; and that on the 3rd of April “printed articles were sent, differing from those that were sent before.” (Add. MSS. 11,402.)
Tipper. Sir Julius Cæsar might drop a hint to Tipper (concerning whom see above, p: 47, note 3) that if he brought“ books,” that is, cases of defective title, for opinion or prosecution to Bacon, it would be agreeable to Salisbury.
Insinuate. This was no doubt with a view to get on a more confidential footing with Salisbury,-one of many devices for that purpose, which seem to have been quite unsuccessful. The next note but one throws further light upon the relation between the two cousins, and upon Salisbury's peculiar character and humour.
The waulkes, etc. A note of improvements to be made at Gorhambury: which I suppose was acted on; for the memorandum is crossed out.
Cary. Perhaps George Lord Carew, who was the Queen's Receiver-General.
Northamp. Henry Howard, Earl of Northampton, lately made Lord Privy Seal. Bacon had been acquainted with him in his early life, through the Earl of Essex; much to the alarm of his mother, who believed him to be a Papist. He
needes to me good wth Salsb. specially comparative to the Att. / Note the Att. would fayn have had Northamt. Treas. &
to avoyd him for Chancellor, and discouvered as much. Some profite from ye Duchy for long service. Some profite by some barg. of morgaged lands spec. in poss. qu.
. . by ye records. To passe in dayes of Terme or Counsell of cowrs by my L.
Chanc. and my L. Treasorer and to acquaint them ut videbit qn. of ye state of Manxell and Bacheler and Ockold for Fullers
booke and what end. qu. of Gunters cause and what end. M° to goe to my L. of Canterbury and interteyn him in good
conceyt touching Sutt. will. and ye like to Sr Jh Bennett. After a Maceration taken in ye mornyng and woorking littell I
[f. 7, b.) tooke a glister about 5 of clocke to drawe it down better, Note
there had which in the taking found my body full and being taken but
been ex. temperate and kept half an howre wrought but slowly, ncyther tremo
heates for was a very well read man, and much admired in his day, both as a writer and a x dayes bespeaker. But his style, though full of art and ingenuity, and what was then con- fore and I sidered as elegance, is in my opinion essentially bad ; and I think it was only the had taken fashion of the time that made it endurable. He had taken a very active part, littell or no along with Cecil and Northumberland, in the secret correspondence with James phisike. during the latter years of Elizabeth; had been rewarded with many offices and dignities since James's accession; had made himself conspicuous in Parliament; and after Salisbury's death, was, for the short time that he survived him, one of three who had the reputation of being the Government. It seems from this passage that he was already great enough to be thought of for Treasurer and Chancellor. His ideas with regard to the policy of the time, especially in respect of the relation between the Crown and the Commons, were fundamentally opposed to Bacon's; which accounts for his not favouring him, -- whichever of them stood aloof from the other.
from ye Duchy. Among the items of his income (see further on p. 83) Bacon set down his “Duchy fee” as worth £20. It appears therefore that he had some work to do in the affairs of the Duchy of Lancaster ; but of what nature it was I do not know. He was probably one of the lawyers to whom legal questions relating to the revenues were referred.
ye Recorder. Sir Henry Montagu, Recorder of London, I suppose, though I do not know what he had to do with mortgaged lands. Nor do I well understand what the words “spec. in poss.” are short for.
and what end. This and the next note are crossed out.
Sutt. will, “ Sutton's will," I suppose. Thomas Sutton, founder of the Charterhouse, though still living, was already known to intend to bestow his wealth on some great work of public charity, and his design was so far mature that in the following year he obtained an Act of Parliament empowering him to erect a hospital at Hallingbury Bouchers, in Essex. As a matter which was so soon to come before Parliament, those who took an interest in it would be discussing it at this time, and endeavouring to entertain men in authority “in good conceit” with their views. But I shall bave a fitter occasion to speak fulīy of Lacon's ideas on the subject.
So Jh. Bennett. Sir John Bennett, knighted 23rd July, 1603, Judge of the Prerogative Court at Canterbury, and Chancellor to the Queen and to the Archbishop of York. (Nicholls, i. 206.)
did I find that lightness and cooling in my sydes which many tymes I doe, but soon after I found a symptome of melancholy such as long synce wth strangness in beholding and darksomness, offer to grone and sigh, whereupon fynding a malign humor stirred I tooke 3 pilles of aggregative corrected according to my last description, wch wrought within 2 howres without gryping or vomite and brought much of ye humor sulphureous and feetide, then though my medicine was not fully settled I made a light supper without wyne, and fownd myself light and at peace after it. I tooke a littell of my Troc. of
Amon. after supper and I tooke broth ymediately after my pill. To proceed wth some builders in ye beginning of the next Terme. To proceed wth some Informers upon Sr Steph. Proct. discouvery
in the beginnyng of the next Terme.
Sergs Inne next Terme.
dictions of Cowrts, to see by Si Rob. Cotton Lamberts booke
Troc. of Amon. Trochises (pills) of Almond, I suppose.
Builders. In the note of Exchequer business mentioned above (p. 46, last note) I find under the title “Builders :" “A view to be taken of the new and disorderly builders not yet compounded with, and order to be given for the prin. cipal rich ones to be called into the Star Chamber, and the rest to be referred to the Commissioners,"——which service is assigned to Mr. Solicitor, Mr. Recorder, and Sir G. More. (Lansd. MSS. 168, p. 318.) This note is crossed out in the MS.
S' Steph. Proct. From a paper in Sir Julius Caesar's hand (Lansd. MSS. 168, fo. 309) it appears that on the 28th of June, 1608, Salisbury “gave order for the present prosecution of Sir Stephen Proctor's project against lewd informers,” etc. Ilis project was in the form of" a suit preferred to the King's Highness concerning the fines, forfeitures, issues, and amerciaments inquirable before the Justices of the Peace and Clerk of the Market, to bring the revenue better in charge and more plentifully into the King's coffers, and also to reform many grievances in the commonwealth.” (Lansd. MSS. 167, fo. 18.) Concerning which see Bacon's“ Certificate touching the Projects of Sir Stephen Proctor,” further on in this volume.
Stannaryes. Probably some question relating to the jurisdiction of the “ Court of the Stannaries,” which rested upon custom. A cause of this kind was heard and decided by all the Judges, in Michaelmas Term, 1606. (Coke Inst. iv. 45.) And on the 31st of December, 1607, the Lord Warden of the Stanuaries was directed to inform officers in Devon and Cornwall, at assize and general sessions, that the Government matters of the Stannaries and Duchy of Cornwall would be executed by their own officers; and certain of the King's and Prince's Council were appointed at the same time to inform the Lord Chief Justices concerning the maintenance of the privileges of the Stannaries. (S. P. Dom., James I.) The cause that was to come before the Judges at Serjeant's Inn next term (1608) would probably be connected with this proceeding, but I do not know the particulars. The note is crossed out in the MS.
Lambert's booke thereof. William Lambarde was keeper of the rolls and of the records in the Tower during the latter years of Elizabeth. The book here alluded to was,
I presume, the Archeion, or a Discourse upon the High Courts
To remember the Argum in ye K. B. in Moyle and Ewars case
and to be well præpared in it to turn yo Cowrt.
some fitt yssue of yt cause.
and the North, for the Admiralty, Cowrt of requests, and yo
Eccles. Jurisdict; qu of limitation by Parlam'. To think of matters against next Parlamt for satisfaction of K. [f. 8, b.)
and people in my partic. otherwise wth respect ad Poll è gem. of Justice in England,”—a posthumous work, published in 1635. The settling and defining of the jurisdictions of Courts was one of the subjects which Bacon was always intending to take in hand. Sir Robert Cotton was probably the possessor of Lambarde's MS.
Moyle and Ewars case. A suit in the Exchequer Chamber between Edward E:ver, plaintiff, and Thomas and John Moyle, defendants, concerning the title of his Mair's Manor of Caversfield, Co. Bucks. (See Lansd. MSS. 167, fo. 232.) This note is crossed out in the MS.
Sc. fac. “Scire facias," I suppose: a legal proceeding, connected possibly with a dispute to which the Duike of Lenox was a party, (see S. P. Dom., James I., 21st July and 27th October, 1607), as to the value of certain woods growing upon rectory lands, which had been over-valued. This note is crossed out.
Daubignyes pat. Esme Stuart, Lord D'Aubigny, had a grant of concealed lands entailed on the Crown, to the amount of £1000 per annum, for the surrender of which he received, in February, 1608-9, £18,000. (See S. P. Dom., James I., 23rd August 1606, August (?) 1607, 3rd February 1608–9.) This note relates no doubt to some proceeding connected with this grant; to which legal objections had been made.
Caussy of Chesler. Obstructions in the navigation of the river Dee by wears, ctc., had been complained of, and on the 25th of August, 1607, commissioners were appointed to inquire into the case, and take the necessary measures for setting it right. On the 16th of December, certain erections, and among them the “cawsey and flood-gates near Dee-bridge,” were presented as obstructions 'which ought to be removed. The Mayor and citizens opposed the decree, pleading that the causey had been there for 500 years and never complained of, and that the decree had been unfairly procured. The case was laid before the Judges 13th February, 1608 (1608-9, I suppose), who appear to have concurred in the objection; and another decree was issued, some time in 1609, for the salvation of the causeway. (See Harl. MSS. 1003.) I think I have seen somewhere a legal opinion of Bacon's upon the case, but I cannot at present find the reference, and this will probably be enough here. This note is crossed out.
Limitation. These were all questions of disputed jurisdiction between the superior and inferior Courts : raised chiefly since Coke was made Chief Justice of the Common Pleas, in the shape of “ prohibitions ;” and a great evil in Bacon's opinion. Among the Government bills which it was intended to offer to the abortive Parliament of 1614, there was one "for the better administration of justice and the declaration and limitation of the jurisdiction of Courts," which was no doubt in pursuance of the query here set down. And it is a question which we shall meet with again more than once.
Poll è gem. That is, services which would recommend him “in his particular" (i. e. personally) both to the King on one side, and the Commons on the other ; and otherwise promote the double object (" policy è gemino") of replenishing the Exchequer and at the same time contenting the people. (See above, p. 50, note 3.) This note is crossed out.
The next seven notes appear to relate to Bacon's private affairs.
To finish my account with ye exec. and to take the belp of some
that can skill. Alderm. Garnett. qu. To lett the land or houses of my wyves lyving now expired upon
best profite. + Q. of making partition and being well infourmed in it.
To rem. the allowance to be claymed from Cartwrite for the
monyes. Spec. To goe on whye praisem and distribucion of my lease of Chens
foorth from the Inheritance. To consider of Tanners account and wt remayneth by measure
and to gyve order for the stocking of ye grownds that the in
crease of rent may begynne. To send Underwood into Hampshyre. To procure some fitt note of recusancy from Spiller in recom
pense. [f. 9.] To remember the advantage to be taken of Spillers abating values
upon certificates, and to discypher him to my L. Treas. at
lest to keep him in awe. Spec. To remember the renewing of my lease of my chambers and the
leaving owt the limitacion. To remember the taking in the grownd beyond ye wall and a lease
of the hyther part and to build me a howse thereupon si
Spiller. See above, p. 47, note 4.
Certificates. Certificates of the true state of Recusants, preliminary to the granting of fines.
beyond the wall. In Gray's Inn, probably. It may have been at this time that he began the building of what Dr. Rawley calls“ that elegant pile or structure commonly known by the name of The Lord Bacon's Lodgings.” (Works I. 6.) This note is crossed out.
The next five notes (of which the 2nd, 3rd, 4th, and 5th are crossed out) relate apparently to the choice of a house for his London dwelling,- for which, now that he was married, his chambers at Gray's Inn would no longer serve. I do not know anything about any of the houses here mentioned, but I gather from an entry further on that he was living for the present at a place called Fullwoods, from which he afterwards removed to Bath House, wherever that might be. See further on, p. 83, last note.