NOTE XOY. 



Bacon s letter to the King respecting Button s Hospital (ante, cliv), says, 

 &quot; Those who ever understood the temper of this learned man may easily 

 perceive that at this time there were baits enough laid for his partiality, 

 that such a mind as his could not but be biassed, nay, now he was to con 

 test for opposition s sake : this made him busy and importunate, eager at 

 the bar, and earnest in his addresses to the King. The motives that 

 encouraged him to espouse the plaintiff s quarrel, in short were these : 

 1. The comfortable expectation of a great share of the revenues. 2. Be 

 cause he was not named by Sutton, as one of the trustees for the founda 

 tion ; which very reflection Mr. Laws, the executor, used to him much 

 about the trial. 3. He and Sir Edward Coke could never agree, and 

 therefore no wonder if they differed in this affair : an instance whereof I 

 find in a letter of his of expostulation to Sir Edward, wherein he says, 

 He took a liberty to disgrace his law, experience, arid discretion, &c. 

 1 shall not undertake to answer the particular arguments in the letter, but 

 only briefly take thus much notice of it. First, the simile of salt and 

 sacrifice amounts to no more than this : that we can do nothing perfectly, 

 but yet we must do as well as we can ; and in acts of mercy every man is 

 the proper judge of his own discretion. Secondly, he urges the honourable 

 trustees cannot live for ever; but yet, at their decease, their equals are 

 chosen in their room. What else is urged, is rather a large arid studied 

 essay of the end of charity, than a thing proper to this affair.&quot; 



In Stephens * collection of letters, p. 234, which contains this letter to 

 Buckingham, there is the following note upon these observations of Herne : 

 &quot; It were to be wished this observation did not hold true in these times ; 

 for though the foundations of hospitals are to be commended, which Sir 

 Francis Bacon hath done both in this letter and other his writings, yet it 

 shews that some more adequate remedy for supporting the poor, than what 

 arises from these charities, or even from the laws enacted for their relief, 

 was then, and yet is to be desired. And as the defect thereof is no small 

 reproach to the government of a country, happy in its natural product, and 

 enriched by commerce ; so it would be an act of the greatest humanity, 

 that the poor might be provided for, and beggary and idleness, the succes 

 sive nursery of rogues, as far as possible extirpated. And since his majesty 

 has recommended it to the parliament from his throne, with a tenderness 

 becoming the father of his country, it is to be hoped that great assembly 

 will be able in his reign to effect so good a work. Upon this occasion I 

 cannot but take notice of a story which has been spread abroad to the 

 defamation of Sir Francis Bacon (but upon no good ground, as far as 1 

 can judge), as if in the accomplishment of the foundation of the Chartreux 

 Hospital, begun by Mr. Sutton, and carried on by his executors, Sir 

 Francis who was then the King s Solicitor, had, for some ill designs of 

 gain to himself or others, endeavoured to have defeated the same. The 

 fact whereof was : that the heir at law supposing, that notwithstanding 

 what Mr. Sutton had done in procuring acts of parliament, and patents 

 from the King, in order to establish this noble charity, the greatest part of 

 his estate was descended to him ; it was argued on his behalf, by the 

 Solicitor General, and by Mr. Henry Yelverton, and Mr. Walter, men of 

 great reputation in those times. And whatever ill intentions some of the 

 court might have, my request to the reader is, that before he pass any 

 censure upon Sir Francis Bacon relating hereunto, he would please to 

 peruse his advice given to the King touching Mr. Sutton s estate, and 

 published in the Resuscitatio, p. 265.&quot; 



