Puslapio vaizdai
PDF
„ePub“

A PROPOSITION FOR THE REPRESSING OF SINGULAR COMBATS OR DUELS, IN THE HAND-WRITING OF SIR FRANCIS BACON1.

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

For the manner, I should think fit there be published a grave and severe proclamation, induced by the 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 StarChamber: 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.

1 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.

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 a second in any quarrel.

CLXVIII.

TO THE LORD VISCOUNT VILLIERS 1.

IT MAY PLEASE YOUR LORDSHIP,

I PRAY let his majesty understand, that although 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 2.

MY DEAREST LORD,

IT 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

[ocr errors]

Stephens's Second Collection, p. 32. Stephens's First Collection, p. 194.

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.

FR. BACON, C. S.

CLXX. TO THE EARL OF BUCKINGHAM 1.

MY SINGULAR GOOD LORD,

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 seal, 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 business in good case, whereof I gave him a particular account.

The queen calleth upon me for the matter of her house, wherein your lordship and my lord chamberlain and I dealt, and received his majesty's direction, so that I shall prepare a warrant first to my lord treasurer and Mr. Chancellor, for that is the right way, to advise how to settle it by assignment, in case she survive his majesty, which I hope in God she shall not.

Her desire was expressly and of herself that when I had prepared a warrant to be sent to his majesty, I should send it by your lordship's hands.

Stephens's Second Collection, p. 33.

We sit in council, that is all I can yet say; Sir John Denham is not come, upon whose coming the king shall have account of our consultations touching Ireland, which we cannot conclude till we have spoken with him. God ever preserve and prosper you.

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 to 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,

7 Apr. 1617.

FR. BACON, C. S.

CLXXI. TO THE RENOWNED UNIVERSITY OF CAMBRIDGE, HIS DEAR AND REVEREND MOTHER1.

I AM debtor to you for your letters, and of the time likewise, that I have taken to answer them. 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 he, as you express me to be. Your gratulations shall be no more welcome to me, than your business or occasions; which I will attend; and yet not so, but that I shall endeavour 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.

Gorhambury, Apr. 12, 1617.

Rawley's Resuscitatio.

CLXXII.

TO THE EARL OF BUCKINGHAM '.

MY SINGULAR GOOD LORD,

I AM now for five or six days retired to my house in the country: for I think all my lords are willing to do as scholars do, who though they call them holy-days, yet they mean them play-days.

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 dissuetude. 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.

Stephens's First Collection, p. 196,

« AnkstesnisTęsti »