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INCLINATION OF HIS

the matter as it came before him, and that his card-holder or candle-holder, wi error was only that at such a time he did not divert this accident, as a thing of God' it in some good manner.

Lastly, I may not forget to Second, if it be true (as is reported) that any of majesty, that there is no thinkin the puisne judges did stir this business, or that until these things be somewh they did openly revile and menace the jury for and some outward and superfi doing their conscience, (as they did honestly and at least, made between my li truly,) I think that judge is worthy to lose his my lord chief justice; for this a place. And, to be plain with your majesty, I do to all Somerset's friends. Bui not think there is any thing, a greater • Polycres. falleth out naturally of itselt ton, ad multa utile" to your affairs, than, upon a judges going circuit, and my just and fit occasion, to make some example firmity, with hope of recov: against the presumption of a judge, in causes that this protraction of time may concern your majesty; whereby the whole body mutability, yet I have latel of those magistrates may be contained to better excellent letter of a certain awe; and it may be, this will light upon no unfit showeth sometimes watery subject, of a person that is rude, and that no man the cloud is gone, the sun is cares for.

serve your majesty. Thirdly, if there be no one so much in fault, Your majesty's mos (which I cannot yet affirm, either way, and there inust be a just ground, God forbid else,) yet I Febr. 21, 1617. should think, that the very presumption of going

Your majesty's comm so far in so high a cause deserveth to have that pardon of so long a letler ; done, which was done in this very case, upon the have a short continuance indictment of Serjeant Heale, in Queen Elizabeth's fire. time, that the judges should answer it upon their knees 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

HIM, FOR TIIE CIANCI the collar, and was forborne.

Fourthly, for the persons themselves, Glanvile IT MAY PLEASE your me and Allen, which are base fellows, and turbulent,

The last day when it I think there will be discovered and proved against express yourself towar them (besides the preferring of the bill) such com- that I can deserve, or bination and contemptuous speeches and behaviour prised by the prince's as there will be good ground to call them, and per- pray your majesty, thi haps some of their petty counsellors at law, into lines of acknowledgm the Star Chamber.

I never had great 1 In all this which I have said, your majesty may than to maintain thi be pleased to observe, that I do not engage you I contess I have for now forbear. But two things I wish to be done ; | honour is, and I knoi the one, that your majesty take this occasion much, thank God with me in the main point of the jurisdiction, for which I and it is far from me have a great deal of reason, which to redouble to cover base desire unto all your judges your ancient and true charge when men refer to and rule; that you will endure no innovating in the cially serving such point of jurisdiction : but will have every court but that the master impaled within their own presidents, and not servant, and mysel assume to themselves new powers, upon conceits shall hold your s and inventions of law: the other that in these jesty mounted, a high causes, that touch upon state and monarchy, and distaste in yo! your majesty give them straight charge, that upon to see you, I shou any occasions intervenient, hereafter, they do not the decline of m make the vulgar party to their contestations, by also I should not public handling them before they have consulted besides his activ, with your majesty, to whom the reglement of

pen of kings, an those things appertaineth. To conclude, I am not without hope, that your majesty's managing this

Your ma business, according to your great wisdom, unto

and which acknow.edge myself not worthy to be April 1, 1616.

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been so oft for new into this degree of ve (of whose mercy perity, and adversity, s and pledges, though etched unthankfulness 1) 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 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 god servant) will kiss your iny work of piety you shall

all commiserating persons id their hearts void of malice) t 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 ny 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, s of Parliament will love their if it end not in my ruin. "For I old by many of my lords, (as it 9 the severity of the sentence,) hey left me in good hands. And loweth well, I have been all my able to those assemblies, not by noderation, and by honest expressto have all things go fairly and

1

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 ired to a life orderly and reserved ; do your majesty honour in my way. humbly beseech your majesty, lo 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 that desire to live y 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 beads

FR, ST. ALBAN

BERLAND

entertainment, than remove; and thereby new chiefest worldly comfort is, to think, that since men may have their pay, yet, the old be mingled the time I had the first vote of the Lower House in the country, for the strength thereof. In this of Parliament for commissioner of the union; proposition two things may be feared; the one, until the time that I was this Parliament chosen discontent of those that shall be put off; the by both Houses, for their messenger to your maother, that the companies should be stuffed with jesty in the petition of religion, (which two, novices, (tirones) instead of a veterani.” I wish, were my first and last services,) I was evermore therefore, that this proposition be well debated, so happy, as to have my poor services graciously before it be admitted. Thus having performed accepted by your majesty, and likewise not to that which duty binds me to, I commend you to have had any of them miscarry in my hands. God's best preservation.

Neither of which points I can any ways take to Your most devoted and bounden servant. myself, but ascribe the former to your majesty's July 5, 1616.

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 SIR FRANCIS BACON, TO THE EARL OF NORTHIUM- towards you but as a bucket, and a cistern to

draw forth, and conserve, and yourself was the IT MAY PLEASE YOUR LORDSHIP,

fountain. Unto this comfort of nineteen years I would not have lost this journey; and yet, I prosperity, there succeeded a comfort even in my have not that I went for: for I have had no private greatest adversity, somewhat of the same nature, conference to purpose with the king, no more hath which is, that in those offences wherewith I was almost any other English; for the speech of his charged, there was not any one that had special majesty admitteth with some nobleman, is rather relation to your majesty, or any your particular matter of grace, than matter of business: with commandments. For, as towards Almighty God, the attorney he spake, urged by the Treasurer of there are offences against the first and second Scotland, but no more than needs must. After I table, and yet all against God; so with the had received his majesty's first welcome, and was servants of kings, there are offences more immepromised private access, yet, not knowing what diate against the sovereign, although all offences matter of service your lordship's letter carried, against law are also against the king. Unto which for I saw it not, and knowing that primeness in comfort there is added this circunstance, that as advertisement is much, I chose rather to deliver my faults were not against your majesty otherwise it to Sir Thomas Hoskins, than to let it cool in than as all faults are, so my fall is not your mamy hands, upon expectation of access. Your jesty's act, otherwise than as all acts of justice lordship shall find a prince the farthest from vain-are yours. This I write not to insinuate with glory that may be, and rather like a prince of the your majesty, but as a most humble appeal to ancient form than of the latter time; his speeches your majesty's gracious remembrance, how honest swift and cursory, and in the full dialect of his and direct you have ever found me in your service, nation, and in speech of business short, in speech whereby I have an assured belief, that there is in of discourse large; he affecteth popularity by your majesty's princely thoughts, a great deal of gracing them that are popular, and not by any serenity and clearness to me, your majesty's now fashions of his own; he is thought somewhat prostrate, and cast down servant. general in his favours; and his virtue of access

Neither (my most gracious sovereign) do I, by is rather because he is much abroad, and in press, this mentioning of my services, lay claim to your than he giveth easy audience: he hasteneth to a princely grace and bounty, though the privilege mixture of both kingdoms and nations, faster of calanıity do bear that form of petition. I know perhaps than policy will well bear. I told your well, had they been much more, they had been lordship once before my opinion, that methought but my bounden duty; nay, I must also confess, his majesty rather asked counsel of the time past, that they were, from time to time, far above my than of the time to come. But it is yet early to merit, super-rewarded by your majesty's benefits, ground any settled opinion. For other particu- which you heaped upon me. Your majesty was, larities I refer to conference, having in these gene- and is, that man to me, that raised and advanced rals gone farther in these tender arguments than me nine times, thrice in dignity, and six times in I would have done, were not the bearer hereof office. The places indeed were the painfullest of 80 assured. So I continue yous, etc.

all your service, but then they had both honour FR. Bacon. and profit, and the then profits might have main

tained my now honour, if I had been wise.

Neither was your majesty's immediate liberality SIR FRANCIS BACON TO THE KING.

wanting towards me, in some gifts, if I may hold MAY IT PLEASE YOUR MOST EXCELLENT Majesty, them. All this I do most thankfully acknowledge,

In the midst of my misery, which is rather and do herewith conclude, that for any thing assuaged by remembrance, than by hope, my 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,

And, indeed, if it may please your majesty, I have had great testimonies and pledges, though this theme of my misery is so plentiful, as it need mine own manifold and wretched unthankfulness not be coupled with any thing else. I have been might have averted them) will dispose your somebody, by your majesty's singular and unde- princely heart, already prepared to all piety. And served favour, even the prime officer of your king- why should I not think, but that thrice noble dom. Your majesty's arm hath been often over prince, who would have pulled me out of the fire mine in council, when you presided at the table, of a sentence, will help to pull me (if I may use so near I was. I have borne your majesty's image that homely phrase) out of the mire of an abject in metal, much more in heart. I was never, in and sordid condition in my last days? And that nineteen years' service, chidden by your majesty, excellent favourite of yours (the goodness of but, contrariwise, often overjoyed, when your whose nature contendeth with the greatness of his majesty would sometimes say; "I was a good fortune, and who counteth it a prize, a second husband for you, though none for myself;" some- prize, to be a good friend, after that prize which times, " That I had a way to deal in business, he carrieth to be a good servant) will kiss your isuavibus modis,' which was the way which was hands with joy, for any work of piety you shall most according to your own heart;" and other do for me? And as all commiserating persons most gracious speeches of affection and trust, (specially such as find their hearts void of malice) which I feed on till this day. But why should I are apt to think, that all men pity them; I assure speak of these things, which are now vanished, myself, that the lords of the council (who out of but only the better to express my downfall.

their wisdom and nobleness cannot but be sensible For now it is thus with me; I am a year and a of human events) will, in this way which I go half old in misery, though (I must ever acknow- for the relief of my estate, further and advance ledge) not without some mixture of your majesty's your majesty's goodness towards me. For there grace and mercy. For I do not think it possible, is a kind of fraternity between great men that are, that 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

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 pour ing of a desire to have all things go fairly and out my misery before your majesty, so far as to well. say, "Si deseris tu, perimus."

But (if it may please your majesty) for saints, But as I can offer to your majesty's compas- I shall give them reverence, but no adoration. sion, little arising from myself to move you, My address is to your majesty, the fountain of except it be my extreme misery, which I have goodness: your majesty shall, by the grace of truly laid open; so looking up to your majesty God, not feel that in gift

, which I shall extremely yourself

, I should think I committed Cain's fault, feel in help; for my desires are moderate, and my if I should despair : your majesty is a king, whose courses measured to a life orderly and reserved: heart is as unscrutable, for secret motions of hoping still to do your majesty honour in my way. goodness, as for depth of wisdom. You are cre- Only I most humbly beseech your majesty, io ator-like, factive, and not destructive ; you are a give me leave to conclude with those words which prince in whom I have ever noted an aversion necessity speaketh ; help me, dear sovereign lord against any thing that savoured of a hard heart; and master, and pity me so far, as I, that have as, on the other side, your princely eye was wont borne a bag, be not now, in my age, forced in to meet with any motion that was made on the re- effect, to bear a wallet; nor I, that desire to live lieving part. Therefore, as one that hath had happi- to study, may not be driven to study to live. i ness to know your majesty near hand I have (most most humbly crave pardon of a long letter, after a gracious sovereign) faith enough for a miracle, long silence. God of heaven ever bless, preserve,

ace: that your majesty will and prosper your majesty. not suffer your poor creature to be utterly defaced, Your majesty's poor ancient servant and beadsaor blot that name quite out of your book, upon man,

FR. ST. ALBAN

father left me.

much more for a

Vol. III.3

In this case,

case

SIR FRANCIS BACON, THE KING'S ATTORNEY, RE

offenders did none of them TURNED WITH POSTILS, OF THE KING'S OWN

make a clear confession. HAND.

That the great downfall of so IT MAY PLEASE YOUR MOST excellent MAJESTY,

great persons carrieth, in itYour majesty hath put upon me a work of pro

self, a heavy punishment, vidence in this great cause, which is to break and

and a kind of civil death, distinguish future events into present cases, and

although their lives should so present them to your royal judgment, that in

not be taken. this action, which hath been carried with so great All which may satisfy honour, for sparing their prudence, justice, and clemency, there may be lives. (for that which remaineth) as little surprise as is But, if your majesty's mercy should extend to possible, but that things duly foreseen may have the first degree, which is the highest, of sparing their remedies and directions in readiness; where the stage and the trial; then three things are to in I cannot forget what the poet Martial saith ; be considered. "0! quantum est subitis cassibus ingenium !” REX. This ar First, That they make such signifying, that accident is many times more ticle cannot a submission or deprecation, subtle than foresight, and overreacheth expecta be mended in as they prostrate themselves, tion: and, besides, I know very well the mean

point thereof.

and all that they have, at your ness of my own judgment, in comprehending or

majesty's feet, imploring your forecasting what may follow.

mercy. It was your majesty's pleasure also, that I

Secondly, That your mashould couple the suppositions with my opinion

jesty, in your own wisdom, do in every of them, which is a harder task; but

advise what course you will yet your majesty's commandment requireth my

take, for the utter extinguishobedience, and your trust giveth me assurance.

ing of all hope of resuscitating

of their fortunes and favour; I will put the it seemeth your

whereof if there should be the which I majesty will have a new con

least conceit, it will leave in wish; that So- sult. The points whereof will

men a great deal of envy and merset should be (1) Whether your majesty

discontent. make a clear con- will stay the trial, and so save

And, lastly, Whether your fession of his of- them both from the stage, and

majesty will not suffer it to be fences, before he that public ignominy. Or (2)

thought abroad, that there is a be produced to Whether you will (or may

cause of farther examination of trial. fitly by law) have the trial

Somerset, concerning matters REX. I say with proceed, and stay or reprieve

of estate, after he shall begin Apollo, “ Me- the judgment, which saveth

once to be a confessant; and dia tutius the lands from forfeiture, and

so make as well a politic itur," if it may the blood from corruption. Or

ground, as a ground of clestand with (3) Whether you will have

mency, for farther stay. law; and if it both trial and judgment procannot, when ceed, and save the blood only, trial, and staying judgment, I must better inform

And for the second degree of proceeding to I shall hear not from corrupting, but from that he con- spilling.

myself by precedents, and advise with my lord

chancellor. fesseth, I am to make choice

The second In this case, first, I suppose of the first, or

case is, if that your majesty will not think of the last.

fall out which is any stay of judgment, but that

likest (as things the public process of justice These be the depths of your majesty's mercy stand, and which pass on. which I may not enter into; but for honour and weexpect) which Secondly, for your mercy to Deputation, they have these grounds:

is, that the lady be extended to both, for pardon

confess: and that of their execution, I have That the blood of Overbury is Somerset him- partly touched, in the consi

already revenged by divers self plead not derations applied to the forinei executions.

guilty, and be case; whereunto may be addThat confession and penitency found guilty. ed, that as there is ground of

are the footstools of mercy, REX. If stay of mercy for her, upon her peniadding this circumstance judgment can tency and free confession, and likewise, that the former stand with the will be much more upon hia

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