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

big, and, publishing his Majesty's strait charge to | any offence past, for that strikes before it warns. me, said, it had struck me blind, as in point of I wish also it may be declared to be temporary, duels and cartels, &c. I should not know coronet until a parliament; for that will be very acceptable from a hatband. I was bold also to declare how to the parliament; and it is good to teach the excellently his Majesty had expressed to me a con- parliament to work upon an edict or proclamation templation of his touching duels; that is, that when precedent. he came forth and saw himself princely attended with goodly nobles 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 lie, 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.

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 penned 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.

A PROPOSITION FOR THE REPRESSING OF
SINGULAR COMBATS OR DUELS, IN THE
HAND-WRITING OF SIR FRANCIS BACON.†
FIRST, for the ordinance which his Majesty may
establish herein, I wish it may not look back to

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 1616. 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

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.

3. Where any person sendeth a challenge. 4. Where any person accepteth a challenge. 5. Where any person carrieth or delivereth a challenge.

6. Where any person appointeth the field, directly or indirectly, although it be not upon any cartel or challenge in writing.

7. Where any person accepteth to be second in any quarrel.

CLXVIII. TO THE LORD VISCOUNT
VILLIERS.

IT MAY PLEASE YOUR LORDSHIP,

I PRAY let his Majesty understand, that although duke of Norfolk to the university of Oxford, where they are among others of the famous Selden fixed to the walls enclosing 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 occasion of this letter, in which is mentioned Sir Francis Bacon's speech against duels, it may not be improper to insert here this curious paper from Sir David Dalrymple's Memorials and Letters, p. 51.

Stephens's Second Collection, p. 32.

my lord chancellor's answer touching the dismission of the Farmers' cause, was full of respect and duty, yet I would be glad to avoid an express signification from his Majesty, if his Majesty may otherwise have his end. And therefore I have thought of a course, that a motion be made in open court, and that thereupon my lord move a compromise to some to be named on either part, with bond to stand to their award. And as I find this to be agreeable to | my lord chancellor's disposition, so I do not find but the Farmers and the other party are willing enough towards it. And therefore his Majesty may be pleased to forbear any other letter or message touching that business. God ever keep your lordship. Your lordship's true and most devoted servant, FR. BACON.

Jan. 23, 1616.

CLXIX. THIS LETTER WAS WRITTEN TO THE
EARL OF BUCKINGHAM, ON THE SAME
DAY SIR FRANCIS BACON WAS DECLARED
LORD KEEPER OF THE GREAT SEAL.*

MY DEAREST LORD,

Ir is both in care and kindness, that small ones float up to the tongue, and great ones sink down into the heart in silence. Therefore I could speak little to your lordship to-day, neither had I fit time: but I must profess thus much, that in this day's work you are the truest and perfectest mirror and example of firm and generous friendship that ever was in court. And I shall count every day lost, wherein I shall not either study your well doing in thought, or do your name honour in speech, or perform you service in deed. Good my lord, account and accept me,

Your most bounden and devoted friend and servant of all men living,

March 7, 1616.

CLXX. TO THE EARL OF BUCKINGHAM.†

MY SINGULAR GOOD LORD,

It grieveth me much that I cannot hear enough of his Majesty's good disposition of health, and his pleasures, and other ordinary occurrences of his journey. I pray your lordship will direct Mr. Packer to write to me some time of matters of that kind; I have made the like request of Sir Edward Villiers, by whom I write this present, to whose good affection I think myself beholden, as I do also esteem him much for his good parts, besides his nearness to your lordship, which bindeth me above all. Your Lordship's most faithful and devoted friend and servant, FR. BACON, C'. S.

7 Apr. 1617.

CLXXI. TO THE RENOWNED UNIVERSITY
OF CAMBRIDGE, HIS DEAR AND REVER-
END MOTHER.‡

I AM debtor to you for your letters, and of the
time likewise, that I have taken to answer them.
FR. BACON, C. S. But as soon as I could choose what to think on, I
thought good to let you know; that although you
may err much in your valuation of me, yet you shall
not be deceived in your assurance: and for the other
part also, though the manner be to mend the picture
by the life; yet I would be glad to mend the life by
the picture, and to become, and be, as you express
me to be. Your gratulations shall be no more wel-
come to me, than your business or occasions; which
I will attend; and yet not so, but that I shall en-
deavour to prevent them by my care of your good.
And so I commend you to God's goodness.
Your most loving and assured friend and son,
FR. BACON, C. S.

WHEN I heard here your lordship was dead, I thought I had lived too long. That was, to tell your lordship truly the state of my mind, upon that report. Since, I hear it was an idle mistaking of my lord Evers for my lord Villiers. God's name be blessed, that you are alive to do infinite good, and not so much as sick or ill disposed for any thing I now hear.

I have resigned the prince's scal, and my lord Hobart is placed. I made the prince laugh, when I told him I resigned it with more comfort than I received it; he understanding me that I had changed for a better: but after I had given him that thought, I turned it upon this, that I left his state and busiStephens's First Collection, p. 194.

† Stephens's Second Collection, p. 33.

Gorhambury, Apr. 12, 1617.

CLXXII. TO THE EARL OF BUCKINGHAM. §
MY SINGULAR GOOD LORD,

I AM now for five or six days retired to my house
Rawley's Resuscitatio.

§ Stephens's First Collection, p. 196.

in the country: for I think all my lords are willing | referred it, it was not so fit for her to write to your to do as scholars do, who though they call them lordship for the despatch of it, but she desired me holy-days, yet they mean them play-days. to thank your lordship for your former care of it, and to desire you to continue it: and withal she desireth your lordship not to press his Majesty in it, but to take his best times. This answer, because I like it so well, I write to you at large; for other matters I will write by the next. God ever prosper you and preserve you.

We purpose to meet again on Easter-Monday, and go all to the spital sermon for that day, and therein to revive the ancient religious manner, when all the council used to attend those sermons, which some neglect in queen Elizabeth's time, and his Majesty's great devotion in the due hearing of sermons himself with his council at the court, brought into desuetude. But now our attendance upon his Majesty, by reason of his absence, cannot be, it is not amiss to revive.

I perceive by a letter your lordship did write some days since to my lord Brackley, that your lordship would have the king satisfied by precedents, that letters patents might be of the dignity of an earldom without delivery of the patent by the king's own hand, or without the ordinary solemnities of a creation. I find precedents somewhat tending to the same purpose, yet not matching fully. But howsoever let me, according to my faithful and free manner of dealing with your lordship, say to you, that since the king means it, I would not have your lordship, for the satisfying a little trembling or panting of the heart in my lord or lady Brackley, to expose your lordship's self, or myself, whose opinion would be thought to be relied upon, or the king our master, to envy with the nobility of this realm; as to have these ceremonies of honour dispensed with, which in conferring honour have used to be observed, like a kind of doctor Bullatus without the ceremony of a commencement: the king and you know I am not ceremonious in nature, and therefore you may think, if it please you, I do it in judgment. God ever preserve you.

Your lordship's most faithful and devoted friend and servant,

FR. BACON, C. S.

I purpose to send the precedents themselves by my lord of Brackley; but I thought fit to give you some taste of my opinion before.

Gorhambury, Apr. 13, 1617.

Your lordship's most faithful and devoted friend
and servant,
FR. BACON, C. S.

London, 19 Apr. 1617.

CLXXIV. TO MR. MATTHEW, IN REFLECTION
UPON SOME ASTRONOMERS IN ITALY.‡
SIR,

I WRITE to you chiefly now, to the end, that by the continuance of my acquaintance with you by letters, you may perceive how much I desire, and how much I do not despair of the recontinuance of our acquaintance by conversation. In the mean time I wish you would desire the astronomers of Italy to amuse us less than they do with their fabulous and foolish traditions, and come nearer to the experiments of sense; and tell us, that when all the planets, except the moon, are beyond the line in the other hemisphere for six months together, we must needs have a cold winter, as we saw it was the last year. For understanding that this was general over all these parts of the world; and finding that it was cold weather with all winds, and namely west-wind, I imagined there was some higher cause of this effect; though yet I confess I thought not that ever I should have found that cause so palpable a one as it proved; which yet, when I came quickly afterwards to observe, I found also very clearly, that the summer must needs be cold too; though yet it were generally thought, that the year would make a shift to pay itself, and that we should be sure to have heats for our cold. You see, that though I be full of business, yet I can be glad rather to lay it all aside, than to say nothing to you. But I long much more to be speaking often with you, and I hope I

CLXXIII. TO THE EARL OF BUCKINGHAM.* shall not long want my wish.

MY SINGULAR GOOD LORD,

I PRAY your good lordship to deliver to his Majesty the enclosed.

I send your lordship also the warrant to my lord treasurer and Mr. Chancellor of the exchequer for the queen's house: it is to come again to the king, when the bill is drawn for the letters patents; for this is only the warrant to be signed by his Majesty.

I asked the queen, whether she would write to your lordship about it; her answer was very modest and discreet, that because it proceeded wholly from his Majesty's kindness and goodness, who had Stephens's Second Collection, p. 37. † Somerset-House.

CLXXV. TO THE KING, ABOUT THE SPANISH
MATCH.§

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
MR. Vice-Chamberlain hath acquainted myself
and the rest of the commissioners for the marriage
with Spain, which are here, with your Majesty's
instructions, signed by your royal hands, touching
that point of the suppressing of pirates, as it hath
relation to his negotiation; whereupon we met
yesterday at my lord admiral's at Chelsea, because
Sir Tobie Matthew's Collection of Letters, p. 25.
§ Stephens's First Collection, p. 197

we were loth to draw my lord into the air, being but | of your letter, a note of the precedents that I find in newly upon his recovery.* my lord Brackley's business; which do rather come near the case than match it. Your lordship knoweth already my opinion, that I would rather have you constant in the matter, than instant for the time. I send also enclosed an account of council business by way of remembrance to his Majesty, which it may please you to deliver to him.