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privilege and discharge, which we mean to do moderately, and but upon special circumstances, and upon a reasonable fine as hath been used) shall be returned to serve upon Juries as occasion shall require ; foreseeing also that they use a respect that the same persons be not too oft returned and troubled; but that the service may rest more equally and indifferently upon the whole body of freeholders in every county, the one to ease and relieve the other; wherein nevertheless our intention is not but that there be a discretion retained in returning the more principal persons upon the greatest causes. And above all we do strictly admonish and prohibit our said sheriffs and the undersheriffs and bailiffs, that they presume not at their uttermost peril directly or indirectly to take any manner of reward, profit, or gratification whatsoever for sparing or forbearing any person whom the law doth allow to be returned upon the service aforesaid, upon pain to be punished with all severity according to our laws, and also as contemners of this our Royal prohibition.

The idea was approved by the Government, and the proposed Proclamation, with many additions, omissions, and alterations, chiefly by Salisbury, but without substantial variation, so far as I can see, was published by authority on the 5th of October, 1607. The seed fell upon soil too hard trodden by custom to nourish and make it grow; and it is not likely that it will ever bear fruit in old England. But reason does not die, and it may be that in some younger community the principle may yet be taken up by "the common sense of most," and the function of the petty Jury may come to be regarded as equal in dignity to any.

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THOUGH the King's bounty flowed much more freely to those about him, where he could see and share the pleasure it gave, than to those who were doing his heavy work in their chambers or in the Courts, yet the working-men came in for some of the crumbs. Near the end of a list of "fees granted by his Majesty" before the 5th of August, 1607, I find the following entries:

188' 69 8d

"A Baron of the Exchequer increased 113 6s 8d
"A Judge of the King's Bench increased
"A Judge of the Common Pleas increased
"Sir Francis Bacon

188' 63 gd
100'

But it was one thing to obtain a grant of the money, and another to obtain the money itself. For the King himself must get it before he can give it, and the royallest mind of bounty cannot make it come forth from the place where it is not. The Exchequer not being able to answer all such demands, questions necessarily arose which should be answered first, and these would naturally lead to disputes with the officers. It was probably this grant of £100, or some other grant of the same kind, that led to the "letter of expostulation" which comes next, and which gives us an opportunity of seeing Bacon a little out of temper.

Sir Vincent Skinner was an officer of the receipts of the Exchequer, whose duty, I suppose, it was to pay out of those receipts such sums as were claimed upon due

warrant. It seems that some objection had been made to Bacon's claim, but that being referred to the Lord Treasurer it had been overruled in his favor: and when, in spite of this, the payment was still delayed, he thought himself ill-used, and wrote to remonstrate with what effect I cannot say the letter itself (which comes from his own collection) containing all I know of the matter.

A LETTER OF EXPOSTULATION TO SIR VINCENT SKINNER. SIR VINCENT SKINNER, I see that by your needless delays this matter is grown to a new question; wherein for the matter itself, if it had been stayed at the beginning by my Lord Treasurer and Mr. Chancellor, I should not so much have stood upon it; for the great and daily travels which I take in his Majesty's service either are rewarded in themselves, in that they are but my duty, or else may deserve a much greater matter. Neither can I think amiss of any man, that in furtherance of the King's benefit moved the doubt, that know not what warrant you had. But my wrong is, that you having had my Lord Treasurer's and Mr. Chancellor's warrant for payment above a month since, you, I say, making your payments belike upon such differences as are better known to yourself, than agreeable with due respect and his Majesty's service, have delayed it all this time, otherwise than I mought have expected either from our ancient acquaintance, or from that regard which one in your place may own to one in mine. By occasion whereof there ensueth to me a greater inconvenience, that now my name, in sort, must be in question amongst you, as if I were a man likely either to demand that that were unreasonable (or be denied that which is reasonable); and this must be, because you may pleasure men at pleasure. But this I leave with this; that it is the first matter wherein I had occasion to discern of your friendship, which I see to fall to this; that whereas Mr. Chancellor the last time, in my

man's hearing, very honorably said that he would not discontent any in my place, it seems that you have no such caution. But my writing unto you now is to know of you where now the stay is, that I may do that which is fit for me without being any more beholding unto you, to whom indeed no man ought to be beholden in these cases in a right course. And so I bid you farewell. FR. BACON.

24th Dec. 1607.

It must have been about this time that Bacon made acquaintance with a new kind of mortification. His young friend, Toby Matthew, for whom he seems to have had a strong personal affection, heightened by sympathy in intellectual pursuits and respect for his judgment and abilities, had left England in April, 1605, to travel in Italy; where, falling into the company of Roman Catholics, and seeing some of the miracles of the Church, he became a convert, was absolved from his heresies, and reconciled. Though he continued to correspond with Bacon while the process of conversion was going on, he does not appear to have consulted him or admitted him into his confidence in that matter. But on his return to England, apparently in the summer of 1607, when his license to travel expired, Bacon was the first person of note with whom he sought communication. What passed between them we are not told; but the advice he received would probably be that he should lay his case before the Archbishop of Canterbury, as the man who had authority to deal with such cases; and, accordingly, the next thing we hear is, that he visited Dr. Bancroft. The result of this visit was, that he was "committed to prison;" by which I understand that he was detained in safe custody — lodged probably in Lambeth Palace, with somebody to keep watch over him—while his case was under consideration. And this was in August, 1607; for I find it stated

in a letter from Carleton to Chamberlain, of the 27th of that month, that "Tobie Matthew hath leave to go as often as he will with his keeper to Sir Francis Bacon, and is put in good hope of further liberty."

A letter in Matthew's collection (p. 22), entitled "Sir Francis Bacon to a friend, about reading and giving judgment upon his writings," was no doubt addressed to himself, and belongs probably to this period. It seems that Bacon had been expecting a visit from him, and, being called away on business, wrote to put him off. What the "writing" was, to which it refers, it is impossible to infer from the terms. It may have been the "Cogitata et Visa" in some of its shapes; or it may have been a first sketch of the "In Felicem Memoriam Elizabetha" (which we know that Bacon did show to Matthew when he was in England on this occasion), or the "Imago Civilis Julii Cæsaris," or both. But that which is interesting in it to us is equally interesting upon any of these suppositions.

SIR, Because you shall not lose your labor this afternoon, which now I must needs spend with my Lord Chancellor, I send my desire to you in this letter, that you will take care not to leave the writing, which I left with you last, with any man, so long as that he may be able to take a copy of it; because first it must be censured by you, and then considered again by me. The thing which I expect most from you is, that you would read it carefully over by yourself; and to make some little note in writing, where you think (to speak like a critic) that I do perhaps indormiscere; or where I do indulgere genio; or where, in fine, I give any manner of disadvantage to myself. This super totam materiam, you must not fail to note; besides, all such words and phrases as you cannot like; for you know in how high account I have your judgment."

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