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the matter as it came before him, and that his error was only that at such a time he did not divert it in some good manner.

Second, if it be true (as is reported) that any of the puisne judges did stir this business, or that they did openly revile and menace the jury for doing their conscience, (as they did honestly and truly,) I think that judge is worthy to lose his place. And, to be plain with your majesty, I do not think there is any thing, a greater "Polycreston, ad multa utile" to your affairs, than, upon a just and fit occasion, to make some example against the presumption of a judge, in causes that concern your majesty; whereby the whole body of those magistrates may be contained to better awe; and it may be, this will light upon no unfit subject, of a person that is rude, and that no man cares for.

card-holder or candle-holder, wi
this accident, as a thing of God'
Lastly, I may not forget to
majesty, that there is no thinki
until these things be somewh
and some outward and superfi
at least, made between my l
my lord chief justice; for this a
to all Somerset's friends. But
falleth out naturally of itself
judges going circuit, and my
firmity, with hope of recov
this protraction of time may
mutability, yet I have latel
excellent letter of a certai
showeth sometimes watery
the cloud is gone, the sun is
serve your majesty.

Your majesty's mos

and m

Thirdly, if there be no one so much in fault, (which I cannot yet affirm, either way, and there must be a just ground, God forbid else,) yet I should think, that the very presumption of going so far in so high a cause deserveth to have that done, which was done in this very case, upon the indictment of Serjeant Heale, in Queen Elizabeth's time, that the judges should answer it upon their kne before your majesty, or your council, and receive a sharp admonition; at which time also, SIR FRANCIS BACON TO

my Lord Wrey, being then chief justice, slipped
the collar, and was forborne.

INCLINATION OF HIS
HIM, FOR THE CHANCE

Fourthly, for the persons themselves, Glanvile and Allen, which are base fellows, and turbulent, I think there will be discovered and proved against them (besides the preferring of the bill) such combination and contemptuous speeches and behaviour as there will be good ground to call them, and perhaps some of their petty counsellors at law, into

the Star Chamber.

Febr. 21, 1617.

Your majesty's comm pardon of so long a letter: have a short continuance fire.

IT MAY PLEASE YOUR M

The last day when it
express yourself towar
that I can deserve, or
prised by the prince's
pray your majesty, the
lines of acknowledgm

I never had great
than to maintain the
confess I have for y
honour is, and I know
thank God with me
and it is far from me
to cover base desires
when men refer t
cially serving such
but that the master
servant, and mysel
shall hold your st
jesty mounted, a
and distaste in you
to see you, I shou
the decline of m
also I should not
besides his active
pen of kings, an
a pen. God eve

Your ma
and

I

In all this which I have said, your majesty may be pleased to observe, that I do not engage you now forbear. But two things I wish to be done; the one, that your majesty take this occasion much in the main point of the jurisdiction, for which I have a great deal of reason, which to redouble unto all your judges your ancient and true charge and rule; that you will endure no innovating in the point of jurisdiction: but will have every court impaled within their own presidents, and not assume to themselves new powers, upon conceits and inventions of law: the other that in these high causes, that touch upon state and monarchy, your majesty give them straight charge, that upon any occasions intervenient, hereafter, they do not make the vulgar party to their contestations, by public handling them before they have consulted with your majesty, to whom the reglement of those things appertaineth. To conclude, I am not without hope, that your majesty's managing this business, according to your great wisdom, unto which I acknow.edge myself not worthy to be April i, 1616.

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17

been so oft for new Unto this degree of ve (of whose mercy -perity, and adversity, and pledges, though etched unthankfulness n) will dispose your pared to all piety. And

but that thrice noble pulled me out of the fire o pull me (if I may use

of the mire of an abject

L

my last days? And that

yours (the goodness of h with the greatness of his teth it a prize, a second end, after that prize which ood servant) will kiss your iny work of piety you shall all commiserating persons d their hearts void of malice) all men pity them; I assure is of the council (who out of bleness cannot but be sensible will, in this way which I go y estate, further and advance odness towards me. For there ity between great men that are, ave been, being but the several rb; nay, I do farther presume, of Parliament will love their if it end not in my ruin. "For I old by many of my lords, (as it g the severity of the sentence,) hey left me in good hands. And noweth well, I have been all my able to those assemblies, not by noderation, and by honest expressto have all things go fairly and

y please your majesty) for saints, em reverence, but no adoration. to your majesty, the fountain of ir majesty shall, by the grace of hat in gift, which I shall extremely or my desires are moderate, and my red to a life orderly and reserved; do your majesty honour in my way. humbly beseech your majesty, to to conclude with those words which aketh; help me, dear sovereign lord and pity me so far, as I, that have , be not now, in my age, forced in ir a wallet; nor I, that desire to live ay not be driven to study to live. I y crave pardon of a long letter, after a e. God of heaven ever bless, preserve, r your majesty. ajesty's poor ancient servant and beadsFR. ST. ALBAN

entertainment, than remove; and thereby new men may have their pay, yet, the old be mingled in the country, for the strength thereof. In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies should be stuffed with novices, (tirones) instead of "veterani." I wish, therefore, that this proposition be well debated, before it be admitted. Thus having performed that which duty binds me to, I commend you to God's best preservation.

Your most devoted and bounden servant. July 5, 1616.

SIR FRANCIS BACON, TO THE EARL OF NORTHUM-
BERLAND.
IT MAY PLEASE YOUR LORDSHIP,

I would not have lost this journey; and yet, I have not that I went for: for I have had no private conference to purpose with the king, no more hath almost any other English; for the speech of his majesty admitteth with some nobleman, is rather matter of grace, than matter of business: with the attorney he spake, urged by the Treasurer of Scotland, but no more than needs must. After I had received his majesty's first welcome, and was promised private access, yet, not knowing what matter of service your lordship's letter carried, for I saw it not, and knowing that primeness in advertisement is much, I chose rather to deliver it to Sir Thomas Hoskins, than to let it cool in my hands, upon expectation of access. Your lordship shall find a prince the farthest from vainglory that may be, and rather like a prince of the ancient form than of the latter time; his speeches swift and cursory, and in the full dialect of his nation, and in speech of business short, in speech of discourse large; he affecteth popularity by gracing them that are popular, and not by any fashions of his own; he is thought somewhat general in his favours; and his virtue of access is rather because he is much abroad, and in press, than he giveth easy audience: he hasteneth to a mixture of both kingdoms and nations, faster perhaps than policy will well bear. I told your lordship once before my opinion, that methought his majesty rather asked counsel of the time past, than of the time to come. But it is yet early to ground any settled opinion. For other particularities I refer to conference, having in these generals gone farther in these tender arguments than I would have done, were not the bearer hereof so assured. So I continue you, etc.

FR. BACON.

SIR FRANCIS BACON TO THE KING.

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, In the midst of my misery, which is rather assuaged by remembrance, than by hope, my

chiefest worldly comfort is, to think, that since the time I had the first vote of the Lower House of Parliament for commissioner of the union; until the time that I was this Parliament chosen by both Houses, for their messenger to your majesty in the petition of religion, (which two, were my first and last services,) I was evermore so happy, as to have my poor services graciously accepted by your majesty, and likewise not to have had any of them miscarry in my hands. Neither of which points I can any ways take to myself, but ascribe the former to your majesty's goodness, and the latter to your prudent directions, which I was ever careful to have, and keep. For, as I have often said to your majesty, I was towards you but as a bucket, and a cistern to draw forth, and conserve, and yourself was the fountain. Unto this comfort of nineteen years prosperity, there succeeded a comfort even in my greatest adversity, somewhat of the same nature, which is, that in those offences wherewith I was charged, there was not any one that had special relation to your majesty, or any your particular commandments. For, as towards Almighty God, there are offences against the first and second table, and yet all against God; so with the servants of kings, there are offences more immediate against the sovereign, although all offences against law are also against the king. Unto which comfort there is added this circumstance, that as my faults were not against your majesty otherwise than as all faults are, so my fall is not your majesty's act, otherwise than as all acts of justice are yours. This I write not to insinuate with your majesty, but as a most humble appeal to your majesty's gracious remembrance, how honest and direct you have ever found me in your service, whereby I have an assured belief, that there is in your majesty's princely thoughts, a great deal of serenity and clearness to me, your majesty's now prostrate, and cast down servant.

Neither (my most gracious sovereign) do I, by this mentioning of my services, lay claim to your princely grace and bounty, though the privilege of calamity do bear that form of petition. I know well, had they been much more, they had been but my bounden duty; nay, I must also confess, that they were, from time to time, far above my merit, super-rewarded by your majesty's benefits, which you heaped upon me. Your majesty was, and is, that man to me, that raised and advanced me nine times, thrice in dignity, and six times in office. The places indeed were the painfullest of all your service, but then they had both honour and profit, and the then profits might have maintained my now honour, if I had been wise. Neither was your majesty's immediate liberality wanting towards me, in some gifts, if I may hold them. All this I do most thankfully acknowledge, and do herewith conclude, that for any thing arising from myself, to move your eye of pity

towards me, there is much more in my present | which your sacred hand hath been so oft for new misery than in my past services; save that the ornaments and additions. Unto this degree of same your majesty's goodness, that may give compassion, I hope God above (of whose mercy relief to the one, may give value to the other. towards me, both in my prosperity, and adversity, I have had great testimonies and pledges, though mine own manifold and wretched unthankfulness might have averted them) will dispose your princely heart, already prepared to all piety. And why should I not think, but that thrice noble prince, who would have pulled me out of the fire of a sentence, will help to pull me (if I may use that homely phrase) out of the mire of an abject and sordid condition in my last days? And that excellent favourite of yours (the goodness of whose nature contendeth with the greatness of his fortune, and who counteth it a prize, a second prize, to be a good friend, after that prize which he carrieth to be a good servant) will kiss your hands with joy, for any work of piety you shall do for me? And as all commiserating persons (specially such as find their hearts void of malice) are apt to think, that all men pity them; I assure myself, that the lords of the council (who out of their wisdom and nobleness cannot but be sensible of human events) will, in this way which I go for the relief of my estate, further and advance your majesty's goodness towards me. For there is a kind of fraternity between great men that are, any you once loved should be totally mise- and those that have been, being but the several rable. My own means, through mine own impro- tenses of one verb; nay, I do farther presume, vidence, are poor and weak, little better than my that both Houses of Parliament will love their father left me. The poor things which I have justice the better if it end not in my ruin. "For I had from your majesty, are either in question, or have been often told by many of my lords, (as it at courtesy: my dignities remain marks of your were, in excusing the severity of the sentence,) past favour, but yet burdens withal of my present that they knew they left me in good hands. And fortune. The poor remnants which I had of my your majesty knoweth well, I have been all my former fortunes, in plate or jewels, I have spread life long acceptable to those assemblies, not by upon poor men, unto whom I owed, scarce leaving flattery, but by moderation, and by honest expressmyself bread. So as, to conclude, I must pouring of a desire to have all things go fairly and out my misery before your majesty, so far as to say, "Si deseris tu, perimus."

But as I can offer to your majesty's compassion, little arising from myself to move you, except it be my extreme misery, which I have truly laid open; so looking up to your majesty yourself, I should think I committed Cain's fault, if I should despair: your majesty is a king, whose heart is as unscrutable, for secret motions of goodness, as for depth of wisdom. You are creator-like, factive, and not destructive; you are a prince in whom I have ever noted an aversion against any thing that savoured of a hard heart; as, on the other side, your princely eye was wont to meet with any motion that was made on the relieving part. Therefore, as one that hath had happiness to know your majesty near hand I have (most gracious sovereign) faith enough for a miracle, much more for a grace: that your majesty will not suffer your poor creature to be utterly defaced, nor blot that name quite out of your book, upon VOL. III.-3

And, indeed, if it may please your majesty, this theme of my misery is so plentiful, as it need not be coupled with any thing else. I have been somebody, by your majesty's singular and undeserved favour, even the prime officer of your kingdom. Your majesty's arm hath been often over mine in council, when you presided at the table, so near I was. I have borne your majesty's image in metal, much more in heart. I was never, in nineteen years' service, chidden by your majesty, but, contrariwise, often overjoyed, when your majesty would sometimes say; "I was a good husband for you, though none for myself;" sometimes, "That I had a way to deal in business, 'suavibus modis,' which was the way which was most according to your own heart;" and other most gracious speeches of affection and trust, which I feed on till this day. But why should I speak of these things, which are now vanished, but only the better to express my downfall.

For now it is thus with me; I am a year and a half old in misery, though (I must ever acknowledge) not without some mixture of your majesty's grace and mercy. For I do not think it possible,

that

well.

But (if it may please your majesty) for saints, I shall give them reverence, but no adoration. My address is to your majesty, the fountain of goodness: your majesty shall, by the grace of God, not feel that in gift, which I shall extremely feel in help; for my desires are moderate, and my courses measured to a life orderly and reserved; hoping still to do your majesty honour in my way. Only I most humbly beseech your majesty, to give me leave to conclude with those words which necessity speaketh; help me, dear sovereign lord and master, and pity me so far, as I, that have borne a bag, be not now, in my age, forced in effect, to bear a wallet; nor I, that desire to live to study, may not be driven to study to live. I most humbly crave pardon of a long letter, after a long silence. God of heaven ever bless, preserve, and prosper your majesty.

Your majesty's poor ancient servant and beadsman, FR. ST. ALBAN

B 2

SIR FRANCIS BACON, THE KING'S ATTORNEY, RETURNED WITH POSTILS, OF THE KING'S OWN HAND.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, Your majesty hath put upon me a work of providence in this great cause, which is to break and distinguish future events into present cases, and so present them to your royal judgment, that in this action, which hath been carried with so great prudence, justice, and clemency, there may be (for that which remaineth) as little surprise as is possible, but that things duly foreseen may have their remedies and directions in readiness; wherein I cannot forget what the poet Martial saith; "O! quantum est subitis cassibus ingenium!" signifying, that accident is many times more subtle than foresight, and overreacheth expectation: and, besides, I know very well the meanness of my own judgment, in comprehending or forecasting what may follow.

It was your majesty's pleasure also, that I should couple the suppositions with my opinion in every of them, which is a harder task; but yet your majesty's commandment requireth my obedience, and your trust giveth me assurance.

I will put the case which I wish; that Somerset should make a clear confession of his of fences, before he be produced to

trial. REX. I say with Apollo, "Media tutius itur," if it may stand with law; and if it cannot, when I shall hear that he confesseth, I am

to make choice of the first, or the last.

In this case, it seemeth your majesty will have a new consult. The points whereof will be (1) Whether your majesty will stay the trial, and so save them both from the stage, and that public ignominy. Or (2) Whether you will (or may fitly by law) have the trial proceed, and stay or reprieve the judgment, which saveth the lands from forfeiture, and the blood from corruption. Or (3) Whether you will have both trial and judgment proceed, and save the blood only,

not from corrupting, but from spilling.

These be the depths of your majesty's mercy which I may not enter into; but for honour and Deputation, they have these grounds:

That the blood of Overbury is already revenged by divers

executions. That confession and penitency are the footstools of mercy, adding this circumstance likewise, that the former

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