Yesterday being Wednesday, I spent four or five hours with the judges whom his majesty designed to take consideration with, the fourjudges of the king's bench, of the evidence against Somerset: they all concur in opinion, that the questioning and drawing him on to trial is most honourable and just, and that the evidence is fair and good. His majesty's letter to the judges concerning the "Commendams" was full of magnanimity and wisdom. I perceive his majesty is never less alone, than when he is alone; for I am sure there was nobody by him to inform him, which made TO SIR GEORGE VILLIERS, ABOUT THE EARL me admire it the more. SIR, The judges have given a day over, till the second Saturday of the next term; so as that matter may endure farther consideration, for his majesty not only not to lose ground, but to win ground. To-morrow is appointed for the examination of Somerset, which, by some infirmity of the Duke of Lenox, was put off from this day. When this is done, I will write more fully, ever resting Your true and devoted servant, FR. BACON. May 2, 1616. I have received my letter from his majesty, with his marginal notes, which shall be my directions, being glad to perceive I understand his majesty so well. That same little charm, which may be secretly infused into Somerset's ear some few hours before his trial, was excellently well thought of by his majesty; and I do approve it both for matter and time; only, if it seem good to his majesty, I would wish it a little enlarged: for if it be no more than to spare his blood, he hath a kind of proud humour which may overwork the medicine. Therefore I could wish it were made a little stronger, by giving him some TO SIR GEORGE VILLIERS, OF SOMERSET'S hopes that his majesty will be good to his lady and child; and that time, when justice and his majesty's honour is once saved and satisfied, may produce farther fruit of his majesty's compassion: which was to be seen in the example of Southampton, whom his majesty after attainder restored: and Cobham and Gray, to whom his majesty, notwithstanding they were offenders against his own person, yet he spared their lives; and for Gray, his majesty gave him back some part of his estate, and was upon point to deliver him much more. He having been so highly in his majesty's favour, may hope well, if he hurt not himself by his public misdemeanor. For the person that should deliver this message, I am not so well seen in the region of his friends, as to be able to make choice of a particular; my lord treasurer, the Lord Knollys, or any of his nearest friends should not be trusted with it, for they may go too far, and perhaps work contrary to his majesty's ends. Those which occur to me are my Lord Hay, my Lord Burleigh, of England, I mean, and Sir Robert Carre. My Lady Somerset hath been re-examined, and his majesty is found both a true prophet and a most just king in that scruple he made; for now she expoundeth the word He, that should send the tarts to Elwys's wife, to be of Overbury, and not of Somerset; but for the person that should bid her, she said it was Northampton or Weston, not pitching upon certainty, which giveth some advantage to the evidence. SIR, ARRAIGNMENT. I am far enough from opinion, that the redintegration or resuscitation of Somerset's fortune can ever stand with his majesty's honour and safety; and therein I think I expressed myself fully to his majesty in one of my former letters; and I know well any expectation or thought abroad will do much hurt. But yet the glimmering of that which the king hath done to others, by way of talk to him, cannot hurt, as I conceive; but I would not have that part of the message as from the king, but added by the messenger as from himself. This I remit to his majesty's princely judgment. For the person, though he trust the lieutenant well, yet it must be some new man: for, in these cases, that which is ordinary worketh not so great impressions as that which is new and extraordinary. The time I wish to be the Tuesday, being the even of his lady's arraignment; for, as his majesty first conceived, I would not have it stay in his stomach too long, lest it sour in the digestion; and to be too near the time, may be thought but to tune him for that day. I send herewithal the substance of that which I purpose to say nakedly, and only in that part which is of tenderness; for that I conceive was his majesty's meaning. It will be necessary, because I have distributed parts to the two serjeants, as that paper doth express, and they understand nothing of his majesty's pleasure of the manner of carrying the evidence, more than they may guess by observation of my example, which they may ascribe as much to my nature, as to direction; therefore, that his majesty would be pleased to write some few words to us all, signed with his own hand, that, the matter itself being tragical enough, bitterness and insulting be forborne; and that we remember our part to be to make him delinquent to the peers, and not odious to the people. That part of the evidence of the lady's exposition of the pronoun, He, which was first caught hold of by me, and afterwards by his majesty's singular wisdom and conscience excepted to, and now is by her re-examination retracted, I have given order to Serjeant Montague, within whose part it falleth, to leave it out of the evidence. I do yet crave pardon, if I do not certify touching the point of law for respiting the judgment, for I have not fully advised with my lord chancellor concerning it, but I will advertise it in time. I send his majesty the lord steward's commission in two several instruments, the one to remain with my lord chancellor, which is that which is written in secretary-hand for his warrant, and is to pass the signet; the other, that whereunto the great seal is to be affixed, which is in chanceryhand his majesty is to sign them both, and to transmit the former to the signet, if the secretaries either of them be there; and both of them are to be returned to me with all speed. I ever rest Your true and devoted servant, May 5, 1616. FR. BACON. long as he stood upon his innocency and trial, your majesty was tied in honour to proceed according to justice; and, that he little understood, being a close prisoner, how much the expectation of the world, besides your love to justice itself, * engaged your majesty, whatsoever your inclinations were: but, nevertheless, that a frank and clear confession might open the gate of mercy, and help to satisfy the point of honour. That his lady, as he knew, and that after many oaths and imprecations to the contrary, had nevertheless, in the end, being touched with remorse, confessed; that she that led him to offend, might lead him likewise to repent of his offence: that the confession of one of them could not fitly do either of them much good, but the confession of both of them might work some farther effect towards both: and, therefore, in conclusion, we wished him not to shut the gate of your majesty's mercy against himself, by being obdurate any longer. This was the effect of that which was spoken, part by one of us, part by another, as it fell out; adding farther, that he might well discern who spake in us in the course we held; for that commissioners for examination might not presume so far of themselves. Not to trouble your majesty with circumstances of his answers, the sequel was no other, but that we found him still not to come any degree farther on to confess; only his behaviour was very sober, and modest, and mild, differing apparently from other times, but yet, as it seemed, resolved to have his trial. Then did we proceed to examine him upon divers questions touching the impoisonment, which indeed were very material and supple TO THE KING, ABOUT SOMERSET'S EXAMI- mental to the former evidence; wherein either NATION. IT MAY PLEASE YOUR MAJESTY, We have done our best endeavours to perform your majesty's commission, both in matter and manner, for the examination of my Lord of Somerset ; wherein that which passed, for the general, was to this effect; That he was to know his own case, for that his day of trial could not be far off; but that this day's work was that which would conduce to your majesty's justice little or nothing, but to your mercy much, if he did lay hold upon it; and therefore might do him good, but could do him no hurt. For, as for your justice, there had been taken great and grave opinion, not only of such judges as he may think violent, but of the most sad and most temperate of the kingdom, who ought to understand the state of the proofs, that the evidence was full to convict him, so as there needeth neither confession, nor supply of examination. But for your majesty's mercy, although he were not to expect we should make any promise, we did assure him, that your majesty was compassionate of him if he gave you some ground whereon to work; that, as his affirmatives gave some light, or his negatives do greatly falsify him in that which is apparently proved. We made this farther observation; that when we asked him some question that did touch the prince or some foreign practice, which we did very sparingly at this time, yet he grew a little stirred; but in the questions of the impoisonment very cold and modest. Thus, not thinking it necessary to trouble your majesty with any farther particulars, we end with prayer to God ever to preserve your majesty. Your majesty's most loyal and faithful servant, FR. BACON. Postscript. If it seem good unto your majesty, we think it not amiss some preacher, well chosen, had access to my Lord of Somerset for his preparing and comfort, although it be before his trial. SIR, TO SIR GEORGE VILLIERS. I send you enclosed a warrant for my Lady of Somerset's pardon, reformed in that main and material point, of inserting a clause [that she was] I am wonderful desirous to see that kingdom not a principal, but an accessary before the fact, by the instigation of base persons.] Her friends think long to have it despatched, which I marvel not at, for that in matter of life moments are numbered. I do more and more take contentment in his majesty's choice of Sir Oliver St. John, for his deputy of Ireland, finding, upon divers conferences with him, his great sufficiency; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time, shall work a good effect for his majesty's service. flourish, because it is the proper work and glory of his majesty and his times. And his majesty may be pleased to call to mind, that, a good while since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate remembrancer to his majesty's princely wisdom in that business. God ever keep you and pros per you. Your true and most devoted and bounden servant, FR. BACON. PAPERS RELATING TO THE EARL OF ESSEX. THE APOLOGY OF SIR FRANCIS BACON, IN CERTAIN IMPUTATIONS CONCERNING THE LATE EARL OF ESSEX. TO THE RIGHT HONOURABLE HIS VERY GOOD LORD, THE EARL OF DEVONSHIRE, LORD LIEUTENANT OF IRELAND. Ir may please your good lordship, I cannot be ignorant, and ought to be sensible of the wrong which I sustain in common speech, as if I had been false or unthankful to that noble, but unfortunate earl, the Earl of Essex: and for satisfying the vulgar sort, I do not so much regard it; though I love a good name, but yet as a handmaid and attendant of honesty and virtue. For I am of his opinion that said pleasantly, "That it was a shame to him that was a suitor to the mistress, to make love to the waiting-woman;" and, therefore, to woo or court common fame, otherwise than it followeth on honest courses, I, for my part, find not myself fit or disposed. But, on the other side, there is no worldly thing that concerneth myself, which I hold more dear, than the good opinion of certain persons; among which, there is none I would more willingly give satisfaction unto, than to your lordship. First, because you loved my Lord of Essex, and, therefore, will not be partial towards me, which is part of that I desire: next, because it hath ever pleased you to show yourself to me an honourable friend, and so no baseness in me to seek to satisfy you: and, lastly, because I know your lordship is excellently grounded in the true rules and habits of duties and moralities, which must be they which shall decide this matter; wherein, my lord, my defence needeth to be but simple and brief; namely, that whatsoever I did concerning that action and pro ceeding, was done in my duty and service to the queen and the state; in which I would not show myself false-hearted, nor faint-hearted, for any man's sake living. For every honest man that hath his heart well planted, will forsake his king, rather than forsake God, and forsake his friend, rather than forsake his king; and, yet, will forsake any earthly commodity, yea, and his own life, in some cases, rather than forsake his friend. I hope the world hath not forgotten these degrees, else the heathen saying, "Amicus usque ad aras," shall judge them. And if any man shall say, I did officiously intrude myself into that business, because I had no ordinary place; the like may be said of all the business, in effect, that passed the hands of the learned counsel, either of state or revenues, these many years, wherein I was continually used. For, as your lordship may remember, the queen knew her strength so well, as she looked her word should be a warrant; and, after the manner of the choicest princes before her, did not always tie her trust to place, but did sometime divide private favour from office. And I, for my part, though I was not so unseen in the world, but I knew the condition was subject to envy and peril ; yet, because I knew again she was constant in her favours, and made an end where she began; and, especially, because she upheld me with extraordinary access, and other demonstrations his service to be at my lord's disposing. And, on the other side, I must and will ever acknowledge my lord's love, trust, and favour towards me; and last of all his liberality, having in feoffed me of land which I sold for eighteen hundred pounds to Mr. Reynold Nicholas, which, I think, was more worth; and that at such a time, and with so kind and noble circumstances, as the manner was as much as the matter; which, though it be but an idle digression, yet, because I am not willing to be short in commemoration of his benefits, I will presume to trouble your lordship with relating to you the manner of it. After the queen had denied me the solicitor's place, for the which his lordship had been a long and earnest suitor on my behalf, it pleased him to come to me from Richmond to Twickenham Park, and brake with me, and said: "Mr. Bacon, the of confidence and grace, I resolved to endure it in expectation of better. But my scope and desire is, that your lordship would be pleased to have the honourable patience to know the truth, in some particularity, of all that passed in this cause, wherein I had any part; that you may perceive how honest a heart I ever bare to my sovereign, and to my country, and to that nobleman, who had so well deserved of me, and so well accepted of my deservings, whose fortune I cannot remember, without much grief. But, for any action of mine towards him, there is nothing that passed me in my lifetime, that cometh to my remembrance with more clearness, and less check of conscience: for it will appear to your lordship, that I was not only not opposite to my Lord of Essex, but that I did occupy the utmost of my wits, and adventure my fortune with the queen, to have reintegrated his, and so continued faith-queen hath denied me the place for you, and hath fully and industriously, till his last fatal impatience, for so I will call it, after which day there was not time to work for him; though the same, my affection, when it could not work on the subject proper, went to the next, with no ill effect towards some others, who, I think, do rather not know it, than not acknowledge it. And this I will assure your lordship, I will leave nothing untold, that is truth, for any enemy that I have to add; and, on the other side, I must reserve much which makes for me, in many respects of duty, which I esteem above my credit: and what I have here set down to your lordship, I protest, as I hope to have any part in God's favour, is true. placed another; I know you are the least part of your own matter, but you fare ill because you have chosen me for your mean and dependence; you have spent your time and thoughts in my matters; I die," these were his very words, "if I do not somewhat towards your fortune: you shall not deny to accept a piece of land which I will bestow upon you." My answer, I remember, was, that, for my fortune, it was no great matter; but that his lordship's offer made me call to mind what was wont to be said, when I was in France, of the Duke of Guise, that he was the greatest usurer in France, because he had turned all his estate into obligations: meaning, that he had left himself nothing, but only had bound numbers of persons to him. "Now, my lord," said I, "I would not have you imitate his course, nor turn your estate thus by great gifts into obligations, for you will find many bad debtors." He bade me take no care for that, and pressed it: whereupon I said, "My lord, I see I must be your homager, and hold land of your gift; but do you know the manner of doing homage in law? Always it is with a saving of his faith to the king and his other lords; and, therefore, my lord," said I, "I can be no more yours than I was, and it must be with the ancient savings: and if I grow to be a rich man, you will give me leave to give it back again to some of your unrewarded followers." It is well known, how I did many years since dedicate my travels and studies to the use, and, as I may term it, service of my Lord of Essex, which, I protest before God, I did not, making election of him as the likeliest mean of mine own advancement, but out of the humour of a man, that ever from the time I had any use of reason, whether it were reading upon good books, or upon the example of a good father, or by nature, I loved my country more than was answerable to my fortune; and I held at that time my lord to be the fittest instrument to do good to the state, and therefore I applied myself to him in a manner which I think happeneth rarely among men: for I did not only labour carefully and industriously in that he set me about, whether it were matter But, to return: sure I am, though I can arrogate of advice or otherwise, but, neglecting the queen's nothing to myself but that I was a faithful reservice, mine own fortune, and in a sort my voca- membrancer to his lordship, that while I had tion, I did nothing but advise and ruminate with most credit with him, his fortune went on best: myself, to the best of my understanding, propo- and yet in two main points we always directly and sitions and memorials of any thing that might contradictorily differed, which I will mention to concern his lordship's honour, fortune, or service. your lordship, because it giveth light to all that And when, not long after I entered into this followed. The one was, I ever set this down, course, my brother, Mr. Anthony Bacon, came that the only course to be held with the queen, from beyond the seas, being a gentleman whose was by obsequiousness and observance; and I ability the world taketh knowledge of for matters remember I would usually engage confidently, of state, especially foreign, I did likewise knit that if he would take that course constantly, and |