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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,

A first collection, p.112.

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

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 casibus 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.

I

REX.

say with Apollo,

and if it

. 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 may stand us itur, if it whether you will, or may fitly by law, have the trial with law; proceed, and stay or reprieve the judgment, which cannot, saveth the lands from forfeiture, and the blood from when I corruption. 3. Or whether you will have both trial that he conand judgment proceed, and save the blood only, not from corrupting, but from spilling.

shall hear

am then to make choice of the first of

These be the depths of your majesty's mercy which 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.

If stay of judgment can stand with the

even wish

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 måke 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, as things stand, and which we expect, which is, that the lady confess; and that Somerset himself plead not guilty, and be found guilty:

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

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unto may be added, that as there is ground of mercy for her, upon her penitency and free confession, and will be much more upon his finding guilty; because the malice on his part will be thought the deeper source of the offence; so there will be ground for mercy on his part, upon the nature of the proof; and because it rests chiefly upon presumptions. For certainly there may be an evidence so balanced, as it may have sufficient måtter for the conscience of the peers to convict him, and yet leave sufficient matter in the conscience of a king upon the same evidence to pardon his life; because the peers are astringed by necessity either to acquit or condemn; but grace is free: and for my part, I think the evidence in this present case will be of such a nature.

not

Thirdly, It shall be my care so to moderate the manner of charging him, as it might make him odious beyond the extent of mercy.

REX. That dan

ger is well to be fore

seen, lest he

upon the

Lastly, All these points of mercy and favour are to be understood with this limitation, if he do not, by his one part contemptuous and insolent carriage at the bar, make commit un

himself incapable and unworthy of them.

pardonable errors, and I on the other part

The third case is, if he should stand mute and will not plead, whereof, your majesty knoweth, there hath seem to pu been some secret question.

nish him in the spirit of

REX.

be mended.

In this case I should think fit, that, as in public, both revenge. myself, and chiefly my lord chancellor, sitting then as This ar lord Steward of England, should dehort and deter him ticle cannot from that desperation; so nevertheless, that as much should be done for him, as was done for Weston; which was to adjourn the court for some days, upon a Christian ground, that he may have time to turn from that mind of destroying himself; during which time your majesty's farther pleasure may be known.

The fourth case is that which I should be very sorry it should happen, but it is a future contingent; that is, if the peers should acquit him and find him not guilty.

In this case the lord Steward must be provided what to do. For as it hath been never seen, as I conceive it, that there should be any rejecting of the verdict, or any

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