Page images
PDF
EPUB

berlain, may be full instructions unto us for his exami nation. Farther, I pray let his majesty know, that on Thursday in the evening my lord chief justice and myself attended my lord chancellor at his house for the settling that scruple which his majesty most justly conceived in the examination of the lady Somerset ; at which time, resting on his majesty's opinion, that that evidence, as it standeth now uncleared, must secundum leges sane conscientia be laid aside; the question was, whether we should leave it out, or try what a re-examination of my lady Somerset would produce? Whereupon we agreed upon a re-examination of my lady Somerset, which my lord chief justice and I have appointed for Monday morning. I was bold at that meeting to put my lord chief justice a posing question; which was, Whether that opinion which his brethren had given upon the whole evidence, and he had reported to his majesty, namely, that it was good evidence, in their opinions, to convict my lord of Somerset, was not grounded upon this part of the evidence now to be omitted, as well as upon the rest: who answered positively, No; and they never saw the exposition of the letter, but the letter only.

The same Thursday evening, before we entered into this last matter, and in the presence of Mr Secretary Winwood, who left us when we went to the former business, we had conference concerning the frauds and abusive grants passed to the prejudice of his majesty's state of revenue; where my lord chief justice made some relation of his collections which he had made of that kind; of which I will only say this, that I heard nothing that was new to me, and I found my lord chancellor in divers particulars, more ready than I had found him. We grew to a distribution both of times and of matters, for we agreed what to begin with presently, and what should follow, and also we had consideration what was to be holpen by law, what by equity, and what by parliament; wherein I must confess, that in the last of these, of which my lord chief justice made most account, I make most doubt. But the conclusion was, that upon this entrance I should

advise and confer at large with my lord chief justice, and set things in work. The particulars I refer till his majesty's coming.

The learned counsel have now attended me twice at my chamber, to confer upon that which his majesty gave us in commandment for our opinion upon the case set down by my lord chancellor, whether the statutes extend to it or no; wherein we are more and more edified and confirmed that they do not, and shall shortly send our report to his majesty.

Sir, I hope you will bear me witness I have not been idle; but all is nothing to the duty I owe his majesty for his singular favours past and present; supplying all with love and prayers, I rest,

Your true friend and devoted servant,
FR. BACON.

April 13, 1616.

CXXXVII. To Sir GEORGE VILLIERS, about Stephens's the Earl of Somerset.

SIR,

I RECEIVED from you a letter of very brief and clear directions; and I think it a great blessing of God upon me and my labours, that my directions come by so clear a conduit, as they receive no tincture in the passage.

Yesterday my lord chancellor, the duke of Lenox, and myself, spent the whole afternoon at the Tower, in the examination of Somerset, upon the articles sent from his majesty, and some other additionals, which were in effect contained in the former, but extended to more particularity, by occasion of somewhat discovered by Cotton's examination and Mr. Vice-Chamberlain's information.

He is full of protestations, and would fain keep that quarter toward Spain clear: using but this for argument, that he had such fortunes from his majesty, as he could not think of bettering his conditions from Spain, because, as he said, he was no military man. He cometh nothing so far on, for that which concerneth the treaty, as Cotton, which doth much aggravate

first collection, p.112.

suspicion against him: the farther particulars I reserve to his majesty's coming.

In the end, tanquam obiter, but very effectually, my lord chancellor put him in mind of the state he stood in for the impoisonment; but he was little moved with it, and pretended carelessness of life, since ignominy had made him unfit for his majesty's service. I am of opinion that the fair usage of him, as it was fit for the Spanish examinations, and for the questions touching the papers and dispatches, and all that, so it was no good preparative to make him descend into himself touching his present danger: and therefore my lord chancellor and myself thought not good to insist upon it at this time.

I have received from my lord chief justice the examination of Sir William Mounson; with whom we mean to proceed to farther examination with all speed.

My lord chief justice is altered touching the re-exa mination of the lady, and desired me that we might stay till he spake with his majesty, saying it could be no casting back to the business; which I did approve. Myself with the rest of my fellows, upon due and mature advice, perfected our report touching the chancery; for the receiving whereof, I pray you put his majesty in mind at his coming, to appoint some time for us to wait upon him altogether, for the delivery in of the same, as we did in our former certificate.

For the revenue matters, I reserve them to his majesty's coming; and in the mean time I doubt not but Mr. Secretary Winwood will make some kind of report thereof to his majesty.

For the conclusion of your letter concerning my own comfort, I can but say the Psalm of Quid retribuam? God that giveth me favour in his majesty's eyes, will strengthen me in his majesty's service. I

ever rest

Your true and devoted servant, April 18, 1616. FR. BACON. To requite your postscript of excuse for scribbling, I pray you excuse that the paper is not gilt, I writing from Westminster-Hall, where we are not so fine.

CXXXVIII. A Letter to the KING, with his Stephens's MAJESTY'S observations upon it.

It may please your most excellent Majesty, YOUR majesty hath put me upon a work of providence in this great cause, which is to break and distinguish future events into present cases; and so to 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 cusibus ingenium! signifying, that accident is many times more subtle than foresight, and over-reacheth 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 offences, before he be produced to trial.

first collection, p.114.

REX.

I say with Apollo,

us itur, if it

may stand

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 Medio tutiboth from the stage, and that public ignominy. 2. Or whether you will, or may fitly by law, have the trial with law; proceed, and stay or reprieve the judgment, which cann saveth the lands from forfeiture, and the blood from when I corruption. 3. Or whether you will have both trial that he con and judgment proceed, and save the blood only, not from corrupting, but from spilling.

and if it

cannot,

shall hear

fesseth, I

am then to make

choice of

These be the depths of your majesty's mercy which the first or I may not enter into: but for honour and reputation the last. they have these grounds:

REX.

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 offenders did none of them make a clear confession.

That the great downfal of so great persons carrieth in itself a heavy judgment, and a kind of civil death, although their lives should not be taken.

All which may satisfy honour for sparing their lives. But if your majesty's mercy should extend to the first degree, which is the highest, of sparing the stage and the trial; then three things are to be considered:

First, That they make such a submission or depreThis arti-cation, as they prostrate themselves, and all that they be mended have, at your majesty's feet, imploring your mercy.

cle cannot

in point

thereof.

REX.

Secondly, That your majesty, in your own wisdom, do advise what course you will take, for the utter extinguishing of all hopes of resuscitating of their fortunes and favour; whereof if there should be the least conceit, it will leave in men a great deal of envy and discontent.

And lastly; whether your majesty will not suffer it to be thought abroad, that there is cause of farther examination of Somerset, concerning matters of estate, after he shall begin once to be a confessant, and so make as well a politic ground, as a ground of clemency, for farther stay.

And for the second degree, of proceeding to trial, and staying judgment, I must better inform myself by precedents, and advise with my lord chancellor.

The second case is, if that fall out which is likest, If stay of as things stand, and which we expect, which is, that judgment can stand the lady confess; and that Somerset himself plead not law, I could guilty, and be found guilty:

with the

even wish In this case, first, I suppose your majesty will not it in this think of any stay of judgment, but that the public the rest this process of justice pass on.

case: in all

article can

not be mended.

Secondly, For your mercy to be extended to both for pardon of their execution, I have partly touched in the considerations applied to the former case; where

« PreviousContinue »