4. That none shall be a Justice of peace unless he hath a competent living, unless it be some sages of the law.

5. That none shall be a Justice of peace unless he be yearly resident nine months in the country, and attend the assizes and sessions.

6. That none shall be a Justice of peace unless when he hath procured a Dedimus potestatem to take his oath it be found that he be sworn.

Now for you that are Justices of peace; first, when letters come to you from the Lords of the Council, his M. would have you to observe and perform them, and not dispute them.

Secondly, he would not have you to be factious, for he saith that is tyrannical, and if he would be a tyrant he would love faction. And herein I shall remember you of that which I said the last time unto you; such as they are shall have Cicero's punishment: Qui turbant otium eos otiosos reddam: They shall be put forth of the commission of the peace.

Thirdly, he would not have you seek greatness in bearing matters of justice by wilfulness, but let them1 seek greatness in sincerity and integrity.

2

Fourthly, he would have you diligent in giving your accounts to the Judges of assize [of] those things which he hath given you in charge and which they shall give you likewise in charge: and so much in the general for both particulars.

Further, the King begins with the Church: first he would have the weekly payment for Recusants duly put in execution, finding that it works more effect upon the poorer sort of Recusants than the monthly penalty does on others. Secondly, he would have the well begun course by a sergeant at law of binding Recusants to the good behaviour in the King's Bench, be observed for the reformation of them, not for the increase of officers' fees. Thirdly, for those that are no Recusants themselves, but as he terms them3 for Recusants about them they have a great smell of Recusants, these he would have punctually returned. Fourthly, for Priests he refers you to your former direction, and from that he doth not vary. And lastly, because spiritual diseases must be cured by spiritual medicines, he wills

1 So in MS.

3 So in MS. Qu. 'it.' VOL. VI.

2 The MS. omits 'of,' and puts a semicolon after 'assize.

X

you to countenance all good preaching and preachers, not such as are factious and turbulent; and we shall find better effect come by preaching than by law; and gladius gladium vincet. The next point is the intolerable number of ale-houses, and his M. saith he thinketh he shall be fain to have the recognizances concerning them certified into the Exchequer, because there is no better order taken for them at the Sessions. A branch of this is your dry tobacco houses, and those that sell hot waters, the one of them brought from the wild Irish, and the other from the wild Indies. And now summer is coming on, and when summer comes then the flies will swarm, vagabonds and such like. Therefore for these he would have the houses of Correction well looked unto, and the provost marshall cared for, and for the punishment of these rogues the King is so positive that unless care be had for the support of them by the Justices he will lay the charge upon the Justices for the maintenance of them. The next matter is the observation of Lent, not for any superstitious respect, but partly to abstain from flesh for the pulling down of our flesh, as also for the better increase of young cattle, and the observation hereof is the Castor and Pollux for navigators, and therefore his M. would have also governors of families, officers, and governors of the Inns of Court to look to this. As for bridges and high-ways, I touched that in the general; and he would have you thereto add the care of preserving of the sea-walls and banks, which albeit it belongeth unto the Commission of Sewers, yet he would have you to listen and be careful thereof also. And another matter there is, and that is how there is a rising of robberies more now than in former times was wont: and there are two causes hereof; the one is that men are too loose in taking of the committers of them, and the other is they are negligent in suffering them to go away; for now hue and cries are of no consequence, only a little paper is sent up and down with a soft pace, whereas they should be prosecuted with horse and foot, and hunted as a thief. For the rest the King refers you to his book, where he says he thinks when he peruseth it he shall find that he hath omitted much of that which [he] would have set down in it; and I have omitted much of that which he gave me in charge to deliver unto you.

1 viuat in MS.

2 So in MS. Qu. suppression?

3 haunted in MS.

4 The MS. omits 'he.'

7.

It seems that the case of Lord Clifton remained all this time undisposed of, he being still in the Tower. The cause of the delay was, I presume, the same which at the end of January induced Bacon to postpone his examination. The terms of an agreement between him and Lord Aubigny were under reference to the Lord Chancellor, and a decree was about to be pronounced. Until the terms had been agreed upon, it was not thought right to threaten him with a criminal charge. The case being now (as I suppose) settled, the Master of the Rolls and the Attorney General had received directions from the Council to examine him; when a message was brought from the King which the next letter will explain.

TO THE MARQUIS OF BUCKINGHAM.1

My very good Lord,

Mr. Chancellor of the Exchequer hath signified to me this day, that yesterday his Majesty called him to his coach, and said to him that one that had used ill speech of me should be called before me and make his submission to me; and thereupon be called before the Council, and receive a sharp reprehension, and so be inlarged. And Mr. Chancellor could not tell me who the person was, but after by some letter he received from my Lord Clifton, and speech with a man of his, he perceived it was he.

I pray your Lordship in humbleness to let his Majesty know that I little fear the Lord Clifton, but I much fear the example, that it will animate Ruffins and Rodomonti extremely against the seats of justice (which are his Majesty's own seats) yea and against all authority and greatness, if this pass without public censure and example; it having gone already so far as that the person of a Baron hath been committed to the Tower. The punishment it may please his Majesty to remit, and I shall not formally but heartily intercede for him, but an example (setting myself aside) I wish, for terror of persons that may be more dangerous than he, towards the least Judge of this kingdom.

Therefore it may please his Majesty to speak of it with myself and my Lords when he cometh next, and in the mean time I will command from his Majesty, the Master of the Rolls and

p. 79.

1 Stephens's first collection, p. 228. From the original. Second collection,

Mr. Attorney, who were appointed by the Table to examine him, to stay. God ever prosper you.

I have acquainted his Majesty with your letter, who liketh well of the course you mention in the end of your letter, and will speak with you further of it at his return to London. In the mean time he would have your Lordship give direction to the Master of the Rolls and Mr. Attorney to stay the examination. And so I rest

Your lordship's most assured to do you service,

Hampton-Court, this 18 of March, 1617.

G. BUCKINGHAM.

What was done further in the matter, the correspondence does not explain. But I gather that he was set free for on the 5th of October, 1618, Lake writes to Sir Thomas Puckering, "This day was fatal to my Lord Clifton, who at his lodgings in Holborn stabbed and murdered himself." 2

1 Harl. MSS. 7006. f. 83. orig. Docketed "19° Martii. My Lord of Buck. to yr Lp. for putting off the Ld. Clifton's examination."

2 Court and Times of James I. vol. ii. p. 91. Camden gives the month-date only. Octob. . . . Gervasius Baro Clifton sibi manus intulit." apparatus, p. 37.

Annalium

THE spring of 1618 was remarkable for unusually bad weather, and an unusual want of interesting events for news writers. For the weather, it was observed that during the whole of April "not a day had passed but that within the compass of 12 hours there had been either rain, hail, snow, or frost." And for news, it was noted that a race from St. Albans to Clerkenwell between two men on foot had interest enough, though run on a very sour and foul" day, to bring out all the fashionable world to witness it. "All the Court, in a manner, Lords and Ladies, some further off some nearer, went to see this race, and the King himself almost as far as Barnet . . . insomuch that it was verily thought that there were as many people as at the King's first coming to London." Events of great importance were on their way, but for the present the surface of affairs in England was very tranquil.

Two short letters in answer to communications from Ireland of no recent date serve to remind us that Bacon continued to watch the course of affairs there with interest.

TO THE LORD CHANCELLOR OF IRELAND.2

My Lord Chancellor,

I will not have you account the days of my not answering your letter. It is a thing imposed upon the3 multitude of my business to lodge many things faithfully, though I make no pre

1 Chamberlain to Carleton, 10th April, 1618.

2 Gibson Papers, vol. viii. f. 93. Copy. No docket. The Lord Chancellor was Dr. Thomas Jones, Archbishop of Dublin, who died April 10, 1619. (Note by Birch.)

3 So in the copy. I suppose it should be "imposed upon me by the " etc.