bury. But I humbly pray your majesty to know this first from my lord treasurer, who methinks groweth

is charged to have refused, and to have persisted in refusal to answer, and to be examined in a high cause of state: being examined by the council-table, which is a representative body of the king. The nature of the cause, upon which she was examined, is an essential point, which doth aggravate and increase this contempt and presumption; and therefore of necessity with that we must begin.

How graciously and parent-like his majesty used the lady Arabella before she gave him cause of indignation, the world knoweth.

My lady notwithstanding, extremely ill-advised, transacted the most weighty and binding part and action of her life, which is her marriage, without acquainting his majesty; which had been a neglect even to a mean parent: but being to our sovereign, and she standing so near to his majesty as she doth, and then choosing such a condition as it pleased her to choose, all parties laid together, how dangerous it was, my lady might have read it in the fortune of that house wherewith she is matched; for it was not unlike the case of Mr. Seymour's grandmother.

The king nevertheless so remembered he was a king, as he forgot not he was a kinsman, and placed her only sub libera custodia. But now did my lady accumulate and heap up this offence with a far greater than the former, by seeking to withdraw herself out of the king's power into foreign parts.

That this flight or escape into foreign parts might have been seed of trouble to this state, is a matter whereof the conceit of a vulgar person is not uncapable.

For although my lady should have put on a mind to continue her loyalty, as nature and duty did bind her; yet when she was in another sphere, she must have moved in the motion of that orb, and not of the planet itself: and God forbid the king's felicity should be so little, as he should not have envy and enviers enough in foreign parts.

It is true, if any foreigner had wrought upon this occasion, I do not doubt but the intent would have been, as the prophet saith, they have conceived mischief, and brought forth a vain thing. But yet your lordships know that it is wisdom in princes, and it is a watch they owe to themselves and to their people, to stop the beginnings of evils, and not to despise them. Seneca saith well, Non jam amplius levia sunt pericula, si levia videantur; dangers cease to be light, because by despising they grow and gather strength.

And accordingly hath been the practice both of the wisest and stoutest princes to hold for matter pregnant of peril, to have any near them in blood to fly into foreign parts. Wherein I will not wander; but take the example of king Henry the seventh, a prince not unfit to be paralleled with his majesty; I mean not the particular of Perkin Warbeck, for he was but an idol or a disguise; but the example I mean, is that of the earl of Suffolk, whom the king extorted from Philip of Austria. The story is memorable, that Philip, after the death of Isabella, coming to take possession of his kingdom of Castile, which was but matrimonial to his father-in-law

even studious in your business. God preserve your

majesty.

Jan. 31, 1614.

Your majesty's most humble

and devoted subject and servant, FR. BACON.

The rather, in regard to Mr. Murray's absence, I humbly pray your majesty to have a little regard to this letter.

Ferdinando of Aragon, was cast by weather upon the coast of Weymouth, where the Italian story saith, king Henry used him in all things else as a prince, but in one thing as a prisoner; for he forced upon him a promise to restore the earl of Suffolk that was fled into Flanders; and yet this I note was in the 21st year of his reign, when the king had a goodly prince at man's estate, besides his daughters, nay, and the whole line of Clarence nearer in title; for that earl of Suffolk was descended of a sister of Edward the fourth: so far off did that king take his aim. To this action of so deep consequence, it appeareth, you, my lady of Shrewsbury, were privy, not upon foreign suspicions or strained inferences, but upon vehement presumptions, now clear and particular testimony, as hath been opened to you; so as the king had not only reason to examine you upon it, but to have proceeded with you upon it as for a great contempt; which if it be reserved for the present, your ladyship is to understand it aright, that it is not defect of proof, but abundance of grace that is the cause of this proceeding; and your ladyship shall do well to see into what danger you have brought yourself. All offences consist of the fact which is open, and the intent which is secret; this fact of conspiring in the flight of this lady may bear a hard and gentler construction; if upon overmuch affection to your kinswoman, gentler; if upon practice or other end, harder: you must take heed how you enter into such actions; whereof if the hidden part be drawn unto that which is open, it may be your overthrow; which I speak not by way of charge, but by way of caution.

For that which you are properly charged with, you must know that all subjects, without distinction of degrees, owe to the king tribute and service, not only of their deed and hand, but of their knowledge and discovery.

If there be any thing that imports the king's service, they ought themselves undemanded to impart it; much more if they be called and examined; whether it be of their own fact or of another's, they ought to make direct answer: neither was there ever any subject brought in causes of estate to trial judicial, but first he passed examination; for examination is the entrance of justice in criminal causes; it is one of the eyes of the king's politic body; there are but two, information and examination; it may not be endured that one of the lights be put out by your example.

Your excuses are not worthy your own judgment; rash vows of

Rawley's CXV. To the KING, touching my Lord Chancellor's amendment, etc.

Resuscita

tio.

It may please your excellent Majesty,

My lord chancellor sent for me to speak with më this morning, about eight of the clock. I perceive he hath now that signum sanitatis, as to feel better his for mer weakness: for it is true, I did a little mistrust that it was but a boutade of desire and good spirit, when he promised himself strength for Friday, though I was won and carried with it. But now I find him well inclined to use, should I say, your liberty, or rather your interdict, signified by Mr. Secretary from your majesty. His lordship shewed me also your own letter, whereof he had told me before, but had not shewed it me. What shall I say? I do much admire your goodness for writing such a letter at such a time.

He had sent also to my lord treasurer, to desire him to come to him about that time. His lordship came; and, not to trouble your majesty with circumstances, both their lordships concluded, myself present and concurring, That it could be no prejudice to your majesty's service to put off the day for Mr. St. John till the next term: the rather, because there are seven of

your

lawful things are to be kept, but unlawful vows not; your own divines will tell you so. For your examples, they are some erro. neous traditions. My lord of Pembroke spake somewhat that he was unlettered, and it was but when he was examined by one private counsellor, to whom he took exception: that of my lord Lumley is a fiction; the preeminences of nobility I would hold with to the last grain; but every day's experience is to the contrary: nay, you may learn duty of lady Arabella herself, a lady of the blood, of an higher rank than yourself, who declining, and yet that but by request neither, to declare of your fact, yieldeth ingenuously to be examined of her own. I do not doubt but by this time you see both your own error, and the King's grace in proceeding with you in this manner.

Note. See the proclamation for apprehending the lady Arabella, and William Seymour, second son of the lord Beauchamp, dated June 4, 1611, who had made their escape the day before. Rymer, XVI. p. 710. Stephens.

s In 1614, a benevolence was set on foot. Mr. Oliver St. John gave his opinion publicly, that it was against law, reason, and religion; for which he was condemned in a fine of five thousand pounds, and to be imprisoned during the King's pleasure.

privy-council, which are at least numerus and part of the court, which are by infirmity like to be absent; that is, my lord chancellor, my lord admiral, my lord of Shrewsbury, my lord of Exeter, my lord Zouch, my lord Stanhope, and Mr. Chancellor of the duchy; wherefore they agreed to hold a council to-morrow in the afternoon for that purpose.

It is true, that I was always of opinion that it was no time lost; and I do think so the rather, because I could be content, that the matter of Peacham were first settled and put to a point. For there be perchance, that would make the example upon Mr. St. John to stand for all. For Peacham, I expect some account from my fellows this day; if it should fall out otherwise, then I hope it may not be left so. Your majesty, in your last letter, very wisely put in a disjunctive, that the judges should deliver an opinion privately, either to my lord chancellor, or to ourselves distributed: his sickness made the latter way to be taken; but the other may be reserved with some accommodating, when we see the success of the former.

I am appointed this day to attend my lord treasurer for a proposition of raising profit and revenue by infranchising copy-holders. I am right glad to see the patrimonial part of your revenue well looked into, as well as the fiscal: and I hope it will so be in other parts as well as this. God preserve your majesty. Your majesty's most humble

Feb. 7, 1614.

and devoted subject and servant,
FR. BACON.

CXVI. To the KING, concerning Owen's Rawley's

cause, etc.

It may please your excellent Majesty,

MYSELF, with the rest of your counsel learned, conferred with my lord Coke, and the rest of the judges of the king's bench only, being met at my lord's chamber, concerning the business of Owen. For although it be true, that your majesty in your letter did mention that the same course might be held

Resuscitatio.

in the taking of opinions apart in this, which was prescribed and used in Peacham's cause; yet both my lords of the council, and we amongst ourselves, holding it, in a case so clear, not needful; but rather that it would import a diffidence in us, and deprive us of the means to debate it with the judges, if cause were, more strongly, which is somewhat, we thought best rather to use this form.

The judges desired us to leave the examinations and papers with them for some little time, to consider, which is a thing they use, but I conceive, there will be no manner of question made of it. My lord chief justice, to shew forwardness, as I interpret it, shewed us passages of Suarez and others, thereby to prove, that though your majesty stood not excommunicate by particular sentence, yet by the general bulls of Cana Domini, and others, you were upon the matter excommunicate; and therefore, that the treason was as de præsenti. But I (that foresee that if that course should be held, when it cometh to a public day, to disseminate to the vulgar an opinion, that your majesty's case is all one, as if you were de facto particularly and expressly excommunicate; it would but increase the danger of your person with those that are desperate papists; and that it is needless) commended my lord's diligence, but withal put it by; and fell upon the other course, which is the true way, that is, that whosoever shall affirm, in diem, or sub conditione, that your majesty may be destroyed, is a traytor de præsenti; for that he maketh you but tenant for life, at the will of another. And I put the duke of Buckingham's case, who said, that if the king caused him to be arrested of treason, he would stab him; and the case of the impostress Elizabeth Barton, that said, that if king Henry the eighth took not his wife again, Catherine dowager, he should be no longer king; and the like.

It may be these particulars are not worth the relating; but because I find nothing in the world so important to your service, as to have you throughly informed, the ability of your direction considered, it maketh me