executorship, coming before the bishop, so he have not meddled before with any of the goods, or with receiving debts, or paying legacies.

And if there be more executors than one, so many as list may refuse; and if any one take it upon him, the rest that once did refuse may take it upon them when they will. them when they will. And no executor shall be further charged with debts or legacies than the value of the goods come to his hands, so he foresee that he pay debts of record first, namely, debts to the King, then upon judgments, statutes, recognizances; and then debts by bond and bill sealed, or for rent unpaid, or servants' wages, or payment to head workmen ; and, lastly, shop-books, and contracts by word. For if an executor or administrator pay debts to others before debts to the King, or pay debts by bond before those due by record, or pay debts by shop-books or contracts before those by bond, arrearages of rent, and servants' or workmen's wages, he shall pay the same again to those others in the said degrees.

But yet the law giveth them choice, that where divers have. debts due in equal degree of record or specialty, he may pay which of them he will before any suit brought against him; but if suit be brought he must pay him that first getteth judgment against him.

Any one executor may convey the goods, or release debts, without his companion; and any one by himself may do as much as all together; but one man's releasing of debts or selling goods shall not charge the other to pay so much of their goods, if there be not enough besides to pay debts; but it shall charge the party himself that did so release or convey. But it is not so of administrators, because they have but one authority by the Bishop given them over the goods, which authority, being given to many, is to be executed by all of them joining together.

And if an executor die making his exccutor, this second executor is to be executor to the first testator. But if an executor die intestate, then his administrator shall not be executor or administrator to the first; but in that case the bishop, whom we call the ordinary, is to commit the administration of the first testator's goods to his wife, or next of kin, as if he had died intestate; always provided, that that which the executor did in his lifetime is to be allowed for good. And so if an adminis

trator die, and make an executor, this executor of the administrator shall not be executor to the first intestate; but the ordinary must new commit the administration of the goods of the first intestate again.

If the executor or administrator do pay debts or funerals or legacies of his own money, he may retain so much of the goods in kind of the testator or intestate, and shall have property of it in kind.

10. Property by legacy is where a man maketh a will and executors, and giveth legacies. He to whom the legacy is given must have the assent of the executors, or one of them, to have his legacy; and the property of that lease, or other goods bequeathed unto him, is said to be in him; but he may not enter nor take his legacy without the assent of the executors, or one of them; because the executor is charged to pay debts before legacies; and if he assent to legacies, he shall pay the value thereof of his own goods if there be not otherwise sufficient to pay the debts.

But this is to understood of debts of record to the King, or by bill or bond sealed, or arrearages of rent, or servants' or workmen's wages; and not debts by shop-books, or bills unsealed, or contract by word; for before them legacies are to be paid.

And if the executors doubt that they shall not have enough to pay every legacy, they may pay which they list first; but they may not sell a special legacy of a lease or goods in kind, to pay a money-legacy. But they may sell any legacy which they will to pay debts, if they have not enough besides.

If a man make a will, and make no executors, [or if the executors refuse,]' the ordinary is to commit administration cum testamento annexo, and take bonds of the administrator to perform the will; and he is to do it in such sort as the exccutor should have done if he had been named.

Omitted in MSS.

The whole paragraph would come better under the titles of Executors and Administrators; which, again, are themselves confused.

DISCOURSE

UPON

THE COMMISSION OF BRIDEWELL.

PREFACE.

THIS was first published by Mr. Martin in his Report on Bridewell Hospital, 32nd Rep. of Charity Commission, part 6. p. 576. from Harl. MS. 1323. He was kind enough to point it out to me; but Mr. Spedding had already made a copy of the MS., not being aware of its having been already printed.

There is another copy in the Cambridge Library, which is anonymous; and I am not aware of any circumstances otherwise tending to authenticate it. It appears however to be a legal opinion, to which a name must from the first have been attached, and I see no intrinsic reason for doubting its being Bacon's, of a time when he was a young man.

It speaks of "Her Majesty that now is," and was therefore written in Elizabeth's time, and a reference to Mr. Martin's Report will lead us to fix the date without much hesitation as of some time before Oct. 11th 1587. An order of Common Council, now at Guildhall, dated Augst. 4th 1579, professed to give the Governor of the Hospital very arbitrary powers over the rogues and vagabonds of London. A modified copy of this order, in print, is at Bridewell, bearing date Octr. 11th 1587. Mr. Martin thinks the date may be a mistake; and as he does not set out the differences between the two, I can form no opinion whether this is really a new order: but on this same day another order was made with the preface, "This day certain orders and ordinances lately devised by the committees who were appointed to devise means for the banishment of rogues &c., were here in open court read, and by the same ratified and confirmed;" and the ordinances which follow are of a much less stringent character. Nothing seems more probable than that the question had been in the meantime discussed,