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Q. of Baunyng and match for Bridgett, therein joyning wth Spec.
13. Smith, tryeng whether I may use his purse or credite by
means of Gr. Jones. Also to use Sr. Wi. Sidly by Bings band si videbit". For. Death comes to young men and old men goe to death. [f. 9, b.]
That is all the difference. To send message of complemt to my La. Dorsett the wydowe. fo. Princes when in justs triumphes or games of victorye men
deserve crownes for their perfourmance, doe not crown them 十 belowe whear they perfourmed but calleth them up. So God
by death. fo. It is not for me to seek this without your favor but rather to
desire your favor without it. When I was last at Gorhambury I was taken much wth my
symptome of melancholy and dout of p’sent perill, I found it first by occasion of soppe wth sack taken midde meale and it contynued wth me that night and ye next mornyng, but note it cleared and went from me without purge and I turned light
and disposed of my self. fo. My L. Chanc. will not ayd legacies of mariage where the [f. 10.]
woman is gott away without ye consent of her frendes, and his By woord is, Yf you provyde flesh for your self provyde bread
likewise. Yf Serg. Ph. should dye or decay as is now spoken, qu. of
Bridgett. His wife's youngest sister, afterwards married to Sir William Soame. (Dixon, 'Story of Bacon's Life,' p. 200.)
For. Form: that is, form of expression. It seems to have been Bacon's habit at all times of his life to set down on paper any neat, terse, lively, or other wise felicitous turn of expression that occurred to him, or that he met with. He stored them for use, and made collections of them. See a manuscript in the Harleian Collection (No. 7017) entitled Promus of Formularies and Elegancies ; of which I have given a full account in the 2nd volume of the Literary and Professional Works, p. 189. The “form" here set down was evidently suggested by the thought of sending a message to Lady Dorset, widow of the late Lord Treasurer, who died two or three months before. It appears, however, not to have been of his own invention, for he afterwards included in his collection of Apophthegms (Lit. and Phil. Works, ii. p. 142, No. 119) as a saying of “one of the Fathers.”
To send message, etc. This note is crossed out.
legacies of mariage. “ That is, I suppose, legacies resting on the woman's
Serg. Ph. Sir Edward Phelips, I suppose : King's Sergeant-at-Law, 17th May, 1603 (S. P. Dom. Jas. I.) ; at this time Speaker of the House of Commons ; afterwards Master of the Rolls. The "place" here spoken of is probably that of King's Sergeant. This note and the next are crossed out.
raysing Hutton to the place or Hauton or Harys, rather then Nicols, but
qu. To speak to Mr Chanc. to deal wth Nicols as for Assarts, as
well as wth Tipper and in like fourme as from my L. Treas". To digest wth furder care the parts of Proctors projects and to
looke up ye last notes. To harken what becometh of these new impositions upon mar
chandize. To acquaint my L. Treas. wth Proct. information towching the
deceyt by underpraism of forfetures and then abating the custome, which may be a practise to overthrow the Ks farme: for abatmt owght not to be intended but whereas the
forfeture is of better value then the abatm'. To send once agayn to Stodard. The Argum of Elvingstons cause and being provided for it the
[f. 10, b.]
Hutton. Sir Richard Hutton, of Gray's Inn, Sergeant-at-Law in 1603, after. wards one of the Puisne Justices of the Common Pleas.
Hauton. Robert Houghton, of Lincoln's Inn, afterwards one of the Judges of the King's Bench.
Harys. Thomas Harris, of Lincoln's Inn.
Nicols. Augustine Nicols, of the Middle Temple : afterwards one of thePuisne Justices of the Common Pleas.
Assarts. “If any man shall be found in the King's demesnes assarting or doing purpresture, his body shall be forthwith retained.” (Stat. of Realm i. 243.)
Assurting” was "plucking up those woods by the roots that are the thickets or coverts of the forest.” (Cowell.) Nicolls (another of the name, I fancy, not the sergeant) had a commission probably for the discovery of “ assarts," as Tipper had (see above, p. 47, note 3) for concealments.
Proctors projects. See above, p. 54, note 3.
New impositions. See above, p. 46, n. 2. From a paper in Sir Julius Cæsar's hand (Lansd. MSS. 168, p. 307), entitled, “A Journal of the Lord Treasurer's proceedings,” etc. from 4th May to 24th July, 1608, I find that on the 6th of June Salisbury "examined the matter of impositions, considered of the grants in lease, and what merchandises might bear impositions, and what not, which gave the preparation to the shortly after ensuing impositions ;” and that on the 11th he went to the Custom House, attended by the Chancellor and Barons of the Exchequer, "and there in the assembly of the chief merchants of England assem. bled from all the principal parts of the land, did make an excellent speech to prove that impositions might lawfully be imposed by sovereign Kings and Princes on all merchandises issuing out or coming into their ports,” etc.
“ Which speech he had no sooner knit up with a particular repetition of impositions now seeming burdensome, and ordered by his Majesty for the ease of his subjects to be lightened, as likewise most things of necessary important use to the poor to be excepted from any imposition, as every man, after some little contradiction, consented to this general imposition new, which will give the most gain to the King of any one day's work done by any Lo. Treasurer since the time of K. Ed. the 3rd.” The commodities upon which the impositions were lessened were currants, sugars, and tobacco; those upon which they were increased or newly laid are not named, but the increase of revenue is estimated by Sir Julius at £60,000 a year. (Id. fo. 315.)
"What became of these new impositions” is a question which we shall hcar much of in the next Parliament.
To send once again, etc. This and the three following notes are crossed out.
Qu. of Robertsons cause.
but to listen how ye K. is affected in respect of ye prince, and
SERIES LIBRORL CARTACEORŪ UT TUNC VISUM
EST; AC SECUNDUM ORDINEM IN QUO NUNC
Libri Compositionū 6. 1. Scripta in Theologia. 2. Scripta in Politicis et Moralibus. 3. Scripta in Naturali et Universali philosophia. 4. Scripta in Logicis, Rhetoricis, et philologicis. 5. Orationes, Instrumenta, Acta. 6. Literæ.
Libri Notare 4. 7. Notæ omnifariæ ex conceptu proprio exceptæ, sparsim ut oc
currunt et cursim ad memoriā tantum, sive Civilis et
prio per otiū exceptæ, et adhibitâ deliberatione descriptæ ;
may have been only some cause of one of his brothers, who was gentleman usher of the Queen's privy chamber, and had grants and suits which may perhaps have come in question,
The 4 shyres. This was the great question of the Marches of Wales, the jurisdiction over which was in dispute between the Provincial Council and the Courts of Westminster. See above, p. 43, n. 4.
Scripta in Politicis et Moralibus. This was probably the manuscript book now in the British Museum (Harl. MSS. 5106), entitled, “ The writings of Sir Francis Bacon, Knt., the Kinge's Solicitor Generall : in Moralitie, Policie, and Historie,” for an account of which see Lit. and Prof. Works, I. p. 535. It contains only Essays, of which there are thirty-four. The dedicatory letter to Prince Henry, now in Addl. MSS. 4259, appears by the handwriting and the watermark to belong to it.
Scripta in Naturali et Universali Philosophia. This is the title of the volume published by Gruter in 1653 ; of the contents of which I have given a full account in my preface to the second part of the Philosophical Works, Vol. III. p. 3.
Orationes, Instrumenta, Acta. There is a fragment of a paper-book in the British Museum (Harl. MSS. 6797), with the title “ Orationes, Acta, Instrumentu circa res civiles, Fr. Bacon,” very fairly written,--I think in Bacon's own hand, and consisting chiefly of such writings as belong to the present division of his works. But the contents have been so pulled to pieces that it is impossible to say what it originally included.
Litere. This would, no doubt, be the Register-book of letters from which Dr. Rawley took the principal collection in the Resuscitatio.
9. Notæ omnifariæ ex deprædatione Authorū, sine ordine In
tratæ. The principall use of this book is to receyve such parts and passages of Authors as I shall note and underline in the bookes themselves to be wrytten foorth by a servant
and so collected into this book. 10. Notæ omnifariæ tam ex deprædatione Authorū quam ex
conceptu proprio per Titulos digestae et ordinatæ. This is meerely a como place book.
[f. 11, b.] Libri professoris—u. Of the Lawes of England, 9.
11. 1. Regulæ Juris cum limitationibus et casibus. This is
merely a composition of myne own and not a note book. 12. 2. Patrocinia et Actiones causarum. Arguments in Law by
me made; This is also a composition; being a book of
pleadinges. Such as Marrens in french. 13. 3. Observationes et Comentationes in Jure es conceptu pro
prio sparsim intratæ. 14. 4. Observationes et Annotationes in Jure ex libris et Autho
ribus Juris sparsim intratæ. 15. 5. Digesta in Jure; hoc est Annotationes tam ex conceptu
proprio quam ex Authoribus Juris ordinatie per Titulos:
A mear comonplace book of Lawe. [f. 12.] 16. 6. Exempla Majorum in Jure: conteyning præsidts and
usages, and courses of Cowrtes and other matter of expe
rience. 17. Lecta sive specialia in Jure; being notes and conceyts of
principall use and entred with choyse both for myne own
help and hearafter percase to publish. 18. Diariū fori. The book I have wth me to ye Cowrts, to
receyve such remembrances as fall owt upon that I hear
there. 19. Vulgaria in Jure; being the ordinary matters, rules and
Regulæ Juris, etc. This would be the “Maxims of the Law," for which see Lit. and Prof. Works, ii. p. 309.
Arguments in law by me made. This was, no doubt, the collection of "Arguments in law in certain great and ditlicult cases,” printed by Blackbourn in 1730, from Sloane MSS. 4263 : for which see Lit. and Prof. Works, ii. p. 519.
Of the remaining professional books here enumerated I have not been able to find any traces; and from the fact, that the few which have been preserved are rough manuscripts or imperfect editions printed without the superintendence of any responsible editor, I am inclined to suspect that Bacon had collected together those which he wished to preserve, and consigned them to the care of some competent lawyer for that purpose, and that by some accident, the fire at Gray's Inn possibly, they were all lost together.
cases admitted for lawe, to take away shew of being un-
Libri concernentes servitiü regis 4.
[f. 12, b.]
20. Lib. servitii reg. in Parlamento.
Libri ad Individuŭ sive ad statū propriū 5.
all remembrances touching my private of wt nature soever
25. Ephemerides particulariū : This conteyneth also all parti. [f. 13.)
culars, but yet such as I think woorthy to enter at large,
same 2 parts, Diariū and Schedulæ. 26. Dispensator, sive rationale status. 27. Faber Auspicatus.
Pandecta. This is no doubt the present book.
This begins a fresh page, at the head of which is written, by way of running title, “ Transportat. Jul. 26, 1608." I judge, however, by the handwriting that Bacon had gone on to the middle of the page, finishing the list of his paper books, on the 25th ; and that the new morning's work really began at “It seame,” etc.; the three next paragraphs being apparently after thoughts, suggested by a review in the morning of what he had written the night before.
Paber auspicatus. I do not remember to have met with this title anywhere else in Bacon's writings; nor do I feel certain as to the meaning of it; but I suppose it to be the title of a book in which he proposed to set down speculations for the improvement of his estate; the 'Dispensator' being to exhibit it as it was.