the first, except the queen and the prince, that brake the annexation, upon a mere gift; for that others had it discharged only upon sale, which was for the king's profit and necessity; I found a remedy for that also, because I have carved it in the declaration, as that this was not gift to your lordship, but rather a purchase and exchange, as indeed it was, for Sherbourn.

Seventhly and lastly, I have taken order, as much as in me was, that your lordship in these things which you have passed be not abused, if you part with them: for I have taken notes in a book of their values and former offers.

Now for your office.

First, Whereas my lord Teynham, at the first, would have had your lordship have had but one life in it, and he another; and my lord treasurer, and the solicitor, and Deccombe, were about to give way to it: I turned utterly that course, telling them that you were to have two lives in it, as well as Somerset had.

Secondly, I have accordingly, in the assurance from your deputies, made them acknowledge the trust, and give security not only for your lordship's time, but after; so as you may dispose, if you should die, which I would be sorry to live to, the profits of the office by your will, or otherwise, to any of your friends for their comfort and advancement.

Thirdly, I dealt so with Whitlocke as well as Heath, as there was no difficulty made of the surrender.

Lastly, I did cast with myself, that if your lordship's deputies had come in by Sir Edward Coke, who was tied to Somerset, it would have been subject to some clamour from Somerset, and some question what was forfeited by Somerset's attainder, being but of felony, to the king; but now they coming in from a new chief justice, all is without question or scruple.

Thus your lordship may see my love and care towards you, which I think infinitely too little in respect of the fulness of my mind; but I thought good to write this, to make you understand better the state of your own business; doing by you as I do by the king;

which is, to do his business safely and with foresight, not only of to-morrow or next day, but afar off;' and not to come fiddling with a report to him what is done every day, but to give him up a good sum in the end.

I purpose to send your lordship a kalendar fair written of those evidences which concern your estate, for so much as have passed my hands; which in truth are not fit to remain with solicitors, no nor with friends, but in some great cabinet to be made for that purpose.

All this while I must say plainly to your lordship, that you fall short for your present charge, except you play the good husband; for the office of Teynham is in reversion, Darcey's land is in reversion; all the land in your books is but in reversion, and yields you no present profit, because you pay the fee-farm. So as you are a strange heteroclite in grammar, for you want the present tense; many verbs want the præterperfect tense, and some the future tense, but none want the present tense. I will hereafter write to your lordship, what I think of for that supply; to the end that you may, as you have begun to your great honour, despise money, where it crosseth reason of state or virtue. But I will trouble you no farther at this time. God ever preserve and prosper your lordship.

Your true and most devoted servant,

Nov. 29, 1616.

FR. BACON.

'Certainly the wisdom of foresight and prevention, is far above the wisdom of remedy; and yet I fear the following observation Sir Francis Bacon makes in his essay of empire, concerning the times in or near which he lived, hath been verified too much in others."This is true, that the wisdom of all these later times "in princes affairs, is rather fine deliveries and shiftings of dangers "and mischiefs when they are near, than solid or grounded courses "to keep them aloof. But this is but to try masteries with for"tune; and let men beware how they neglect and suffer matter "of trouble to be prepared; for no man can forbid the spark, "nor tell whence it may come."

CLXVII. To the Lord Viscount VILLIERS, Stephens's about duels.

My very good Lord,

I DELIVERED the proclamation for cloth to secretary Winwood on Saturday, but he keepeth it to carry it down himself, and goeth down, as I take it, to-day. His majesty may perceive by the docket of the proclamation, that I do not only study, but act that point touching the judges, which his majesty commandeth in your last.

Yesterday was a day of great good for his majesty's service, and the peace of this kingdom concerning duels, by occasion of Darcy's case. I spake big, and, publishing his majesty's strait charge to me, said, it had struck me blind, as in point of duels and cartels, etc. I should not know a coronet from a hatband. I was bold also to declare how excellently his majesty had expressed to me a contemplation of his touching duels; that is, that when he came forth and saw himself princely attended with goodly nobless and gentlemen, he entered into the thought, that none of their lives were in certainty not for twenty-four hours from the duel; for it was but a heat or a mistaking, and then a lye, and then a challenge, and then life: saying, that I did not marvel, seeing Xerxes shed tears, to think none of his great army should be alive once within a hundred years, his majesty were touched with compassion to think that not one of his attendance but might be dead within twenty-four hours by the duel. This I write because his majesty may be wary, what he saith to me, in things of this nature, I being so apt to play the blab. In this also I forgot not to prepare the judges, and wish them to profess, and as it were to denounce, that in all cases of duel capital before them, they will use equal severity towards the insolent murder by the duel, and the insidious murder; and that they will extirpate that difference out of the opinions of men; which they did excellent well.

first collection,p.192.

I must also say, that it was the first time that I heard my lord of Arundel speak in that place; and I do assure your lordship he doth excellently become the court; he speaketh wisely and weightily, and yet easily and clearly, as a great nobleman should do."

There hath been a proceeding in the king's bench against Bertram's keeper, for misdemeanor, and I have put a little pamphlet, prettily penn'd by one Mr. Trotte, that I set on work, touching the whole business, to the press by my lord chancellor's advice.

I pray God direct his majesty in the cloth business, that that thorn may be once out of our sides. His majesty knoweth my opinion ab antiquo. Thanks be to God for your health, and long may you live to do us all good. I rest

Your true and most devoted servant,

FR. BACON.

My lord of Arundel descended from the noble family of the Howards; his grandfather the duke of Norfolk losing his life upon the account of Mary Queen of Scots, and his father suffering some years imprisonment under sentence of condemnation: he was restored in blood, and to the titles of Arundel and Surry, 1 Jac. made a privy counsellor on the 25th of July 1616, and afterwards earl marshal of England, and general of the army sent against the Scots by king Charles I. But about the beginning of our civil wars he retired into Italy, where he had spent part of his youth, and returned to the religion he had professed, dying at Padua in 1646. He was a gentleman of a noble aspect, and of a noble nature, a great virtuoso and antiquary, who with much care and cost procured many valuable antiquities and inscriptions to be brought from Asia, Greece, and Italy into England, and placed them in or near his garden at Arundel-house in the Strand; several of which were very generously presented by his grandson the duke of Norfolk to the university of Oxford, where they are among others of the famous Selden fixed to the walls inclosing the Theatre. It were to be wished, that the great number of ancient statues which adorned his house and gardens, and have since been much neglected, had met with as safe a repository. The eloquence which Sir Francis Bacon doth here commend in this lord, is much the same which in the beginning of his Advancement of Learning he doth attribute to the king, in the words of Tacitus, concerning Augustus Cæsar; Augusto profluens, et quæ principem deceret, eloquentia fuit.

on of

A proposition for the repressing of singular On occasicombats or duels, in the hand-writing of Sir letter, this FRANCIS BACON.

in

which is mentioned Sir Francis Bacon's

duels, it

FIRST, for the ordinance which his majesty may establish herein, I wish it may not look back to any speech offence past, for that strikes before it warns. I wish against also it may be declared to be temporary, until a par- may not be liament; for that will be very acceptable to the parliament; and it is good to teach a parliament to work here this upon an edict or proclamation precedent.

improper to insert

curious paper from

For the manner, I should think fit there be published Sir David a grave and severe proclamation, induced by the D overflow of the present mischief.

For the ordinance itself: first, I consider that offence' hath vogue only amongst noble persons, or persons of quality. I consider also that the greatest honour for subjects of quality in a lawful monarchy, is to have access and approach to their sovereign's sight and person, which is the fountain of honour; and though this be a comfort all persons of quality do not use; yet there is no good spirit but will think himself in darkness, if he be debarred of it. Therefore I do propound, that the principal part of the punishment be, that the offender, in the cases hereafter set down, be banished perpetually from approach to the courts of the king, queen, or prince.

Secondly, That the same offender receive a strict prosecution by the king's attorney, ore tenus, in the Star-Chamber; for the fact being notorious, will always be confessed, and so made fit for an ore tenus. And that this prosecution be without respect of persons, be the offender never so great; and that the fine set be irremissible.

Lastly, For the causes, that they be these following: 1. Where any singular combat, upon what quarrel soever, is acted and performed, though death do not

ensue.

2. Where any person passeth beyond the seas, with purpose to perform any singular combat, though it be never acted.

Dalrymple's memorials and letters,

p. 51.