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respiting of the judgment of the acquittal; so on the other side this case requireth, that because there be many high and hainous offences, though not capital, for which he may be questioned in the star-chamber, or otherwise, that there be some touch of that in general at the conclusion, by my lord Steward of England; and that therefore he be remanded to the Tower as close prisoner.

For the matter of examination, or other proceedings, my lord chancellor with my advice hath set down, To-morrow, being Monday, for the re-examination of the lady:

Wednesday next, for the meeting of the judges concerning the evidence:

am wit bus Thursday, for the examination of Somerset himself, according to your majesty's instructions:

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Which three parts, when they shall be performed, I will give your majesty advertisement with speed, and in the mean time be glad to receive from your majesty, whom it is my part to inform truly, such directions or significations of your pleasure as this advertisement may induce, and that with speed, because the time cometh on. Well remembering who is the person whom your majesty admitted to this secret, I have sent this letter open unto him, that he may take your majesty's times to report it, or shew it unto you; assuring myself that nothing is more firm than his trust, tied to your majesty's commandments.

Your majesty's most humble

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and most bounden subject and servant, FR. BACON.

April 28, 1616.

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

first collec.

tion,p.120.

Sir,

I HAVE received my letter from his majesty with his marginal notes, which shall be my directions, being glad to perceive I understand his majesty so well. That same little charm, which may be secretly infused into

Somerset's ear some few hours before his trial, was excellently well thought of by his majesty; and I do approve it both for matter and time; only if it seem good to his majesty, I would wish it a little enlarged: for if it be no more than to spare his blood, he hath a kind of proud humour which may overwork the medicine. Therefore I could wish it were made a little stronger, by giving him some hopes that his majesty will be good to his lady and child; and that time, when justice and his majesty's honour is once saved and satisfied, may produce farther fruit of his majesty's compassion: which was to be seen in the example of Southampton, whom his majesty after attainder restored; and Cobham and Gray, to whom his majesty, notwithstanding they were offenders against his own person, yet he spared their lives; and for Gray, his majesty gave him back some part of his estate, and was upon point to deliver him much more. He having been so highly in his majesty's favour, may hope well, if he hurt not himself by his public misdemeanor.

For the person that should deliver this message, Í am not so well seen in the region of his friends, as to be able to make choice of a particular; my lord treasurer, the lord Knollys, or any of his nearest friends, should not be trusted with it, for they may go too far, and perhaps work contrary to his majesty's ends. Those which occur to me, are my lord Hay, my lord Burleigh, of England I mean, and Sir Robert Carre.

My lady Somerset hath been re-examined, and his majesty is found both a true prophet and a most just king in that scruple he made; for now she expoundeth the word He, that should send the tarts to Elwys's wife, to be of Overbury, and not of Somerset ; but for the person that should bid her, she said it was Northampton or Weston, not pitching upon certainty, which giveth some advantage to the evidence.

Yesterday being Wednesday, I spent four or five hours with the judges whom his majesty designed to take consideration with, the four judges of the king's bench, of the evidence against Somerset: they all concur in opinion, that the questioning and drawing him on to 1

trial is most honourable and just, and that the evidence is fair and good.

His majesty's letter to the judges concerning the Commendams was full of magnanimity and wisdom. I perceive his majesty is never less alone, than when he is alone; for I am sure there was no body by him to inform him, which made me admire it the more.

The judges have given a day over, till the second Saturday of the next term; so as that matter may endure farther consideration, for his majesty not only not to lose ground, but to win ground.

To-morrow is appointed for the examination of Somerset, which by some infirmity of the duke of Lenox was put off from this day. When this is done, I will write more fully, ever resting

Your true and devoted servant,

May 2, 1616.

FR. BACON.

Stephens's CXL. To Sir GEORGE VILLIERS, of Somerset's

first collec.

tion,p.122.

SIR,

arraignment.

I AM far enough from opinion, that the redintegration or resuscitation of Somerset's fortune can ever stand with his majesty's honour and safety; and therein I think I expressed myself fully to his majesty in one of my former letters; and I know well any expectation or thought abroad will do much hurt. But yet the glimmering of that which the king hath done to others, by way of talk to him, cannot hurt, as I conceive; but I would not have that part of the message as from the king, but added by the messenger as from himself. This I remit to his majesty's princely judgment,

For the person, though he trust the lieutenant well, yet it must be some new man; for in these cases, that which is ordinary worketh not so great impressions as that which is new and extraordinary.

The time I wish to be the Tuesday, being the even of his lady's arraignment: for, as his majesty first con

ceived, I would not have it stay in his stomach too long, lest it sour in the digestion; and to be too near the time, may be thought but to tune him for that day. I send herewithal the substance of that which I purpose to say nakedly, and only in that part which is of tenderness; for that I conceive was his majesty's meaning.

It will be necessary, because I have distributed parts to the two serjeants, as that paper doth express, and they understand nothing of his majesty's pleasure of the manner of carrying the evidence more than they may guess by observation of my example, which they may ascribe as much to my nature as to direction; therefore that his majesty would be pleased to write some few words to us all, signed with his own hand, that, the matter itself being tragical enough, bitterness and insulting be forborn; and that we remember our part to be to make him delinquent to the peers, and not odious to the people. That part of the evidence of the lady's exposition of the pronoun, he, which was first caught hold of by me, and afterwards by his majesty's singular wisdom and conscience excepted to, and now is by her re-examination retracted, I have given order to serjeant. Montague, within whose part it falleth, to leave it out of the evidence. I do yet crave pardon, if I do not certify touching the point of law for respiting the judgment, for I have not fully advised with my lord chancellor concerning it, but I will advertise it in time.

I send his majesty the lord steward's commission in two several instruments, the one to remain with my lord chancellor, which is that which is written in secretary-hand for his warrant, and is to pass the signet; the other, that whereunto the great seal is to be affixed, which is in chancery-hand: his majesty is to sign them both, and to transmit the former to the signet, if the secretaries either of them be there; and both of them are to be returned to me with all speed. I ever rest, Your true and devoted servant, FR. BACON,

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Stephens's CXLI. To the KING, about Somerset's ex

first collection, p. 124.

amination.

It may please your Majesty,

We have done our best endeavours to perform your majesty's commission, both in matter and manner, for the examination of my lord of Somerset ; wherein that which passed, for the general, was to this effect; That he was to know his own case, for that his day of trial could not be far off; but that this day's work was that which would conduce to your majesty's justice little or nothing, but to your mercy much, if he did lay hold upon it; and therefore might do him good, but could do him no hurt. For as for your justice, there had been taken great and grave opinion, not only of such judges as he may think violent, but of the most sad and most temperate of the kingdom, who ought to understand the state of the proofs, that the evidence was full to convict him, so as there needeth neither confession, nor supply of examination. But for your majesty's mercy, although he were not to expect we should make any promise, we did assure him, that your majesty was compassionate of him if he gave you some ground whereon to work; that as long as he stood upon his innocency and trial, your majesty was tied in honour to proceed according to justice; and that he little understood, being a close prisoner, how much the expectation of the world, besides your love to justice itself, engaged your majesty, whatsoever your inclinations were: but nevertheless that a frank and clear confession might open the gate of mercy, and help to satisfy the point of honour.

That his lady, as he knew, and that after many oaths and imprecations to the contrary, had nevertheless in the end, being touched with remorse, confessed; that she that led him to offend, might lead him likewise to repent of his offence: that the confession of one of them could not fitly do either of them much good, but the confession of both of them might work some farther effect towards both and therefore, in conclusion, we

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