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to my mind, that this last summer vacation, by occasion of a factious book, that endeavoured to verify, Misera Fæmina (the addition of the Pope's bull), (a) upon Queen Elizabeth, I did write a few lines in her Memorial, which I thought you would be pleased to read, both for the argument, and because you were wont to bear affection to my pen, Verùm, ut aliud ex alio, if it came handsomely to pass, I would

glad the President de Thou, (who hath written an history, as you know, of that fame and diligence) saw it; chiefly because I know not whether it may not serve him for some use in his story; wherein I would be glad he did right to the truth, and to the memory of that lady, as I perceive by that he hath already written, he is well inclined to do. I would be glad also it were some occasion (such as absence may permit) of some acquaintance, or mutual notice between us. For though he hath many ways the precedence (chiefly in worth) yet this is common to us both, that we serve our sovereigns in places of law eminent; and not ourselves only, but our fathers did so before us. And lastly, that both of us love learning and liberal sciences, which was ever a bond of friendship, in the greatest distance of places. But of this I make no further request than your occasions and respects (to me unknown) may further or limit; my principal purpose being to salute you, and to send you this token. Whereunto I will add my very kind commendations to my lady, and so commit you both to God's holy protection.

It seems also that he then had, if not the intention, the inclination to publish it; the following passage is from the tract:— There are two fair issues of her happiness, born to her since her death, I conceive not less glorious and eminent than those she enjoyed alive. The one of her successor, the other of her memory. For she hath gotten such a successor, who although for his masculine virtues, and blessing of posterity, and addition of territories, he may be said to exceed her greatness and somewhat to obscure it; notwithstanding he is most zealous of her name and glory; and doth even give a perpetuity to her acts, considering both in the choice of the persons, and in the orders, and institutions of the kingdom, he hath departed so little from her so as a son could hardly succeed a father, with less noise of innovation. As for her memory, it hath gotten such life in the mouths and hearts of men, as that envy being put out by her death, and her fame lighted, I cannot say whether the felicity of her life, or the felicity of her memory be the greater. For if, perhaps, there fly abroad any factious fames of her, raised either by discontented persons, or such as are averse in religion ; which notwithstanding dare now scarce shew their faces, and are every where cried down ; the same are neither true, neither can they be long lived. And for this cause especially have I made this collection, such as it is, touching her felicity, and the marks of God's favour towards her; that no malicious person should dare to interpose a curse, where God hath given a blessing.

Restant felicitates posthumæ duæ, iis quæ vivam comitabantur feri celsiores et augustiores : una successoris, altera memoriæ. Nam successorem sortita est eum, qui licet et mascula virtute et prole, et nova imperii accessione fastigium ejus excedat et obrumbret; tamen et nomini et honoribus ejus faveat, et actis ejus quandam perpetuitatem donet : cum nec ex personarum delectu, nec ex institutorum ordine, quicquam magnopere mutaverit : adeo ut raro filius parenti, tanto silentio, atquæ tam exigua mutatione et perturbatione successerit.”

In 1605, he published the Eulogium on Elizabeth, which is in page xev, of the text of this life.

About the year 1612, “The King," says Wilson, “cast his thoughts towards Peterborough, where his mother lay, whom he caused to be translated to a magnificent tomb, at Westminster. And (somewhat suitable to her mind

(a) I have a tract in my possession, entitled, Felix Memoria Elizabethæ Angliæ Reginæ Auctore Francisco Bacono, Barone de Verulamio, Vice Comite S. Albani. Helmstadi, Typis Georg-Wolfgangi, Hammi. Acad. Typogr. Anno

At the conclusion of this tract the Pope's bull is annexed.


when she was living) she had a translucent passage in the night, through the city of London, by multitudes of torches; the tapers placed by the tomb and the altar, in the cathedral, smoking with them like an offertory, with all the ceremonies, and voices, their quires and copes could express, attended by many prelates and nobles, who paid this last tribute to her memory."

In 1623 Lord Bacon published the treatise “ De Augmentis." In this treatise the praise of Elizabeth, in the Advancement of Learning, is wholly omitted, and certainly not for its want of beauty; he also omits the passage, " Then the reign of a queen matched with a foreigner: then of a queen that lived solitary and unmarried, and yet her government so masculine that it had greater impression and operation upon the states abroad than it any ways received from thence ;” merely saying, Rursus regnum fæminæ solitariæ et cælibis.” Whatever were the motives by which he was induced to suppress, for a time, the just praise of Elizabeth, he ordered the publication in a will, which he afterwards cancelled, but, in all probability, after some understanding with Dr. Rawley, that the publication should appear, as it did, soon after his death. This appears from Rawley's account, and from Archbishop Tennison's Baconiana.

Archbishop Tennison published, in the Baconiana, this extract from his will, saying, “ It is a transcript out of his lordship’s will concerning his writings. There in particular manner, he commendeth to the press The Felicities of Queen Elizabeth.” The words in the will are, " In particular I wish the elegie which I writ'in felicem memoriam Elizabethæ' may be published."

The will to which the Archbishop and Dr. Rawley refer was a former will, and was altered. This appears by comparing the transcript by Archbishop Tennison with the published copy of his last: and that there may not be any mistake, I compared the printed copy of Lord Bacon's will, with the copy in Doctor's Commons, and found it correct, except with a few immaterial literal variations.

The published, that is, the correct copy of Lord Bacon's will, does not contain this direction respecting the eulogy on Elizabeth.

In the year 1651 a tract was published from which it appears that the essay In felicem memoriam Elizabethæ" had not been confined to the drawer of Dr. Rawley; it is entitled, In happy Memorie of Elizabeth, Queen of England, or a Collection of the Felicities of Queen Elisabeth.

Of this tract Archbishop Tennison says, “ The third is a memorial, intituled The Felicities of Queen Elizabeth. This was written by his lordship in Latin only. A person of more good will than ability, translated it into English, and called it in the singular, Her Felicity. But we bave also a version, much more accurate and judicious, performed by Doctor Rawley, who was pleased to take that labour upon him, because he understood the value his lordship

, put upon this work; for it was such, that I find this charge given concerning it, in his last will and testament. • In particular I wish the elogie which I writ, in Felicem Memoriam Elizabetha, may be published.”” This version was published in 1657, many years after the death of James, in the first edition of the Resuscitatio, where in his address to the reader, he says, “ I thought it fitting to intimate, that the discourse within contained, entituled A Collection of the Felicities of Queen Elizabeth, was written by his lordship in Latin only; whereof, though his lordship had his particular ends then, yet in regard that I held it a duty, that her own nation, over which she so happily reigned for many years, should be acquainted and possessed with the virtues of that excellent queen, as well as foreign nations, I was induced, many years ago, to put the same into the English tongue; not ad verbum, for that had been but fat and injudicious; but (as far as my slender ability could reach) according to the expressions, which I conceived his lordship would have rendered it in, if he had written the same in English; yet ever acknowledging that Zeuxis or Apelles' pencil, could not be attained but by Zeuxis or Apelles himself. This work, in the Latin, his lordship so much affected, that he had ordained, by his last will and testament, to have had it published many years since; but that singular person entrusted therewith soon after deceased ; and therefore it must now expect a time to come forth, amongst his lordship's other Latin works." The translation is in the Resuscitatio. The Latin copy is in vol. xi. of this edition, p. 375.

In the Harleian Miscellany in the British Museum, No. 6797, there is a folio containing, amongst various papers, a tract of praise of Queen Elizabeth; it was published in 1734 by Stephens. It is in Mallet's folio edition of 1760, and is in vol. vii. page 147 of this edition.

Kespecting the Charge of Bribery.

Solicitations by Suitors in England.
1. Temp. Eliz.
2. Temp. Jac.

ri. Before time of Bacon.
2. During time of Bacon.

3. After time of Bacon.
3. Present times.

Temp. Eliz. Letters from Trinity College, Cambridge, to Lord Burleigh, respecting a Cause

before him in which the College was interested, 1596. Our humbliest duties remembered. Your lordship’s most honorable protection to our poor colledge giveth us occasion at this present to crave some favour in a cause depending before your honorable lo. in the Exchequer chamber, into which court hath our tenant of the Rectorie of Swinsheade, within the countie of Lincoln been drawne for certain tythes to the Lo. Delaware's lands within that parish, pretended to belong to the free chapel of Barthrope, from no other evidence than a bare and torne inquisition lately discovered by one Jeff, and since sold for five pounds to John Knight, now plaintiff for the said tythes in question ; who being the Lo. Delaware's bayly in these parts hath procured, of late years, some broken payments of the said tythes, by threats, and promises to save the saide tenants there harmeles, and not otherwise. May it therefor please your most honorable lordship, for preservation of the colledge rights to examine the ualidity of the said inquisition, being no sufficient euidence, as we are advertised, against so auntient possession, and never taken by the oathes of any due inquest. Whereunto, nevertheless, if we must submit ourselves for the Queene, yet our humble request is, for avoyding of further inconvenience, wherein we stand more entangled by some indirect entring of a late decree in this cause, that the said decree so misentered at least may be explained and rectified by order of that honorable court, and that henceforth the plaintiff intermeddle not anie with other tythes save corne and haye, which in the said inquisition are only reserved. So being always bolde to troble your lo. in all our needs, we humblie comend your most honorable lordship to Almightie God. From Trinity College, in Cambridge. Januarii 27° 1596.

Your Lo. most humblie to be always comaunded,

Thomas Nevile,
Jer. Radcliffe, John Overall,
Gre. Milner,

Hn. Graye,
Thomas Harrison, Richa. Wright,

William Hall, Thomas Furtho'.
To the Right Honorable our very singular good

Lo. the Lo. Burghley, Lo. High Treasurer of

Lansd. MS.

The following is a letter written in the year 1597 from the University of Oxford to Lord Burleigh to induce him to interfere with the Lord Keeper "respecting a pending cause in which the universities were interested.

If, most honored Sir, the risk to which we are exposed were ours alone, yet from a persuasion of your perfect goodwill to us, and the belief of mutual friendship we should think ourselves right in invoking your support as readily as that of our own Chancellor. But since the well-being of the other university is assailed by the same danger which involves our interests, we hasten to borrow a share in that succour which your own Cambridge claims from you, that those who are united in one danger may conjoin their resources for the common cause. A deputation of our members has attended, by order of the court of Chancery, where, as they were bound to do, they pleaded the privilege of the university to the jurisdiction, and asked that by the favour of the court, they might be relieved from the necessity of leading evidence in any public trial, and permitted to settle the disputed points, after the antient manner, at home. Their plea was so little regarded that while the validity of the privilege was undeniable, they made their reports to us that the matter must be tried in the usual course. The answer having been repeatedly returned our most honorable chancellor at our earnest desire dealt with the illustrious lord keeper to appoint a day in which he should be at liberty to take cognizance of our cause, and to decide upon it, thinking that whether the decision should accord with our wishes or disappoint them, it was still no small object to ascertain as soon as possible what we had to expect. Each ought to have that committed to him which he is best fitted to administer, and our distinguished chancellor has promised, so far as he is concerned, that though prevented from interfering, by having in some measure a common interest in the cause, he will exert himself to bring the dispute to an equitable determination. But your lordship has a , free access to solicit for your friends where the cause is not your own; and we therefore the more earnestly conjure you to endeavour to conciliate in our favor that noble person, the Lord Keeper"; and, with your wonted and unequalled skill and in Auence, to obtain for us on the day whereon the honorable court shall grant us a hearing, a prompt and fair decision. Which trouble, if you consent to take upon you, you will render no less a favor to Cambridge than to us, and shall bind us as closely to you as are your friends its members. We wish you, most honorable Sir, all health, and that you may long live for your country and for us. Given the 12 February, 1597. For the Most Honorable Baron Burleigh, High

Treasurer of England, Privy Counsellor to
the Queen's Majesty :— These.

Temp. Jac. Before Bacon was Chancellor. The influencing a judge out of court seems at that period scarcely to have been considered improper. A short time before Sir Francis was appointed Lord Keeper, Sir Edward Coke had incurred the royal displeasure. The King, anxious to convict one Peacham, but doubting the issue of a trial, ordered his attorney general to sound the judges upon it, and gather their opinions privately before he instituted

blic prosecution. “I will not thus declare what may auricy'

ions of new and pernicious tendency, be my judgment and not accordi

alm,” was the answer of Sir Edward Coke. A cause as

respecting a vacant church held in commendam

ouncil against the bishop, in arguing the case ha

reckoned prejudicial and derogatory to the Kir

er, which was affirmed to be distant from i

ary authority. Informed of this all proceedings till his een he council, and share


answer was,

manded for suffering the popular lawyers to question his prerogative, which was represented as sacred and transcendent, not to be handled or mentioned in vulgar argument. At last, raising his voice to frighten them into submission, he put this question to them severally: “ If, at any time, in a case depending before the judges, he conceived it to concern him either in profit or power, and thereupon required 10 consult with them, and that they should stay proceedings in the mean time, whether they ought not to stay them accordingly?” They all, the chief justice only excepted, acknowledged it their duty to do so. His

• When such a case happens I will do that which will be fit for a judge to do.” For this noble conduct, for this independent spirit, in resisting an attempt to violate the law, Sir Edward Coke was, as it is termed, disgraced, a censure which reflected more honour upon him than all his preferments. The following letters will exhibit the nature of the proceedings in these times.

To the King, touching Peacham's business, &c. It may please your excellent Majesty,- I received this morning, by Mr. Murray, a message from your majesty, of some warrant and confidence that I should advertise your majesty of your business, wherein I had part: wherein I am first humbly to thank your majesty for your good acceptation of my endeavours and service, which I am not able to furnish with any other quality, save faith and diligence.

For Peacham's case, I have since my last letter, been with my lord Coke twice; once before Mr. Secretary's going down to your majesty, and once since, which was yesterday: at the former of which times I delivered him Peacham's papers; and at this latter the precedents, which I had with care gathered and selected ; for these degrees and order the business required. At the former I told him that he knew my errand, which stood upon two points; the one to inform him of the particular case of Peacham's treasons, for I never give it other word to him ; the other, to receive his opinion to myself, and in secret, according to my commission from your majesty. At the former time he fell upon the same allegation which he had begun at the council table; that judges were not to give opinion by fractions, but entirely according to the vote whereupon they should settle upon conference; and that this auricular taking of opinions, single and apart, was new and dangerous; and other words more vehement than I repeat. I replied in civil and plain terms, that I wished his lordship, in my love to him, to think better of it ; for that this, that his lordship was pleased to put into great words, seemed to me and my fellows, when we spake of it amongst ourselves, a reasonable and familiar matter, for a king to consult with his judges, either assembled or selected, or one by one. And then to give him a little outlet to save his first opinion, wherewith he is most commonly in love, I added, that judges sometimes might make a suit to be spared for their opinion, till they had spoken with their brethren; but if the king, upon his own princely judgment, for reason of estate, should think it fit to have it otherwise, and should so demand it, there was no declining; nay, that it touched upon a violation of their oath, which was to counsel the king, without distinction, whether it were jointly or severally. Thereupon, I put him the case of the privy council, as if your majesty should be pleased to command of them to deliver their opinion apart and in private; whether it were a good answer to deny it, otherwise than if it were propounded at the table. To this he said, that the cases were not alike, because this concerned life. To which I replied, that questions of estate might concern thousands of lives, and many things more precious than the life of a particular; as war, and peace, and the like. To conclude, his lordship tanquam eritum quærens, desired me for the time to leave with him the papers, without pressing him to consent to deliver a private opinion till he had perused them. I said I would. But he desired me to leave the precedents with him, that he might advise upon them. I told him, the rest of my fellows would dispatch their part, and I should be behind with mine; which I persuaded myself your majesty would impute rather to his backwardness than my negligence. He said, as soon as I should understand that the rest were ready, he would not be long after with his opinion.


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