Page images
PDF
EPUB

you are aux champs, of any thing that concerned your service and my pl ce. I know your majesty is nunquam place. minus solus, quam cum solus; and I confess, in regard of your great judgment, under which nothing ought to be presented but well weighed, I could almost wish that the manner of Tiberius were in use again, of whom Tacitus saith, Mos erat quamvis præsentem scripto adire; much more in absence. I said to your majesty that which I do now repeat, that the evidence upon which my lord of Somerset standeth indicted is of a good strong thread, considering impoisoning is the darkest of offences; but that the thread must be well spun and woven together; for, your majesty knoweth,

it is one thing to deal with a jury of Middlesex and

Londoners, and another to deal with the peers; whose objects perhaps will not be so much what is before them in the present case, which I think is as odious to them as to the vulgar, but what may be hereafter. Besides, there be two disadvantages, we that shall give in evidence shall meet with, somewhat considerable; the one, that the same things often opened lose their freshness, except there be an aspersion of somewhat that is new; the other is the expectation raised, which makes things seem less than they are, because they are less than opinion. Therefore I were not your attorney, nor myself, if I should not be very careful, that in this last part, which is the pinnacle of your former justice, all things may pass sine offendiculo, sine scrupulo. Hereupon I did move two things, which, having now more fully explained myself, I do in all humbleness renew. First, that your majesty will be careful to choose a steward of judgment, that may be able to moderate the evidence and cut off digressions; for I may interrupt, but I cannot silence: the other, that there may be special care taken for the ordering the evidence, not only for the knitting, but for the list, and, to use your majesty's own words, the confining of it. This to do, if your majesty vouchsafe to direct it yourself, that is the best; if not, I humbly pray you to require my lord chancellor, that he, toge ther with my lord chief justice, will confer with myself

1

and my fellows, that shall be used for the marshalling and bounding of the evidence, that we may have the help of his opinion, as well as that of my lord chief justice; whose great travels as I much commend, yet that same plerophoria, or over-confidence, doth always subject things to a great deal of chance.

There is another business proper for me to crave of your majesty at this time, as one that have in my eye a great deal of service to be done concerning your casual revenue; but considering times and persons, I desire to be strengthened by some such form of commandment under your royal hand, as I send you here inclosed. I most humbly pray your majesty to think, I understand myself right well in this which I desire, and that it tendeth greatly to the good of your service. The warrant I mean not to impart, but upon just occasion; thus thirsty to hear of your majesty's good health, I rest

22 Jan. 1615.

CXXXV. To his MAJESTY, about the Chancel- Rawley's

lor's place.

It may please your most excellent Majesty, THE last day when it pleased your majesty to express yourself towards me far above that I can deserve or could expect, I was surprised by the prince's coming in: I most humbly pray your majesty, therefore, to accept these few lines of acknowledgment. I never had greater thoughts for myself, farther than to maintain those great thoughts, which, I confess, I have for your service. I know what honour is, and I know what the times are; but, I thank God, with me my service is the principal; and it is far from me, under honourable pretences to cover base desires; which I account them to be, when men refer too much to themselves, especially serving such a king. I am afraid of nothing but that the master of the horse, your excellent servant, and I shall fall out, who shall hold your stirrup best. But were your majesty mounted and seated without difficulties and distastes in your business,

Resuscita tio.

first collec

as I desire and hope to see you; I should er animo
desire to spend the decline of my years in my studies:
wherein also I should not forget to do him honour,
who, besides his active and politic virtues, is the best
pen of kings, much more the best subject of a pen.
God ever preserve your majesty.

Your majesty's most humble subject,
and more and more obliged servant,
FR. BACON.

April 1, 1616.

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

tion, p.108.

SIR,

I THOUGHT it convenient to give his majesty an account of that which his majesty gave me in charge in general, reserving the particulars for his coming; and I find it necessary to know his pleasure in some things ere I could farther proceed.

My lord chancellor and myself spent Thursday and yesterday, the whole forenoons of both days, in the examination of Sir Robert Cotton; whom we find hitherto but empty, save only in the great point of the treaty with Spain.

This examination was taken before his majesty's warrant came to Mr. Vice-Chamberlain, for communicating unto us the secrets of the pensions; which warrant I received yesterday morning being Friday, and a meeting was appointed at my lord chancellor's in the evening after council; upon which conference we find matter of farther examination for Sir Robert Cotton, of some new articles whereupon to examine Somerset, and of entering into examination of Sir William Mounson.

Wherefore, first for Somerset, being now ready to proceed to examine him, we stay only upon the duke of Lenox, who it seemeth is fallen sick and keepeth in; without whom, we neither think it warranted by his majesty's direction, nor agreeable to his intention, that we should proceed; for that will want, which should sweeten the cup of medicine, he being his

countryman and friend. Herein then we humbly crave his majesty's direction with all convenient speed, whether we shall expect the duke's recovery, or proceed by ourselves; or that his majesty will think of some other person, qualified according to his majesty's just intention, to be joined with us. I I remember we had speech with his majesty of my lord Hay; and I, for my part, can think of no other, except it should be my lord chancellor of Scotland, for my lord Binning may be thought too near allied.

I am farther to know his majesty's pleasure concerning the day; for my lord chancellor and I conceived his majesty to have designed the Monday and Tuesday after St. George's feast; and nevertheless we conceived also, that his majesty understood that the examinations of Somerset about this, and otherwise touching the Spanish practices, should first be put to a point; which will not be possible, as time cometh on, by reason of this accident of the duke's sickness, and the cause we find of Sir William Mounson's examination, and that divers of the peers are to be sent for from remote places.

It may please his majesty therefore to take into con sideration, whether the days may not well be put off till Wednesday and Thursday after the term, which endeth on the Monday, being the Wednesday and Thursday before Whitsuntide; or, if that please not his majesty, in respect, it may be, his majesty will be then in town, whereas these arraignments have been still in his majesty's absence from town, then to take Monday and Tuesday after Trinity Sunday, being the Monday and Tuesday before Trinity term.

Now for Sir William Mounson, if it be his majesty's pleasure that my lord chancellor and I shall proceed to the examination of him, for that of the duke of Lenox differs, in that there is not the like cause as in that of Somerset, then his majesty may be pleased to direct his commandment and warrant to my lord chief justice, to deliver unto me the examination he took of Sir William Mounson, that those, joined to the information which we have received from Mr. Vice-Cham

berlain, may be full instructions unto us for his examination. 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 conscientiæ be laid aside; the question was, whether we should leave it out, or try what a re-examination of my lady Somerset would produce? Where, upon 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

« PreviousContinue »