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A28024 Baconiana, or, Certain genuine remains of Sr. Francis Bacon, Baron of Verulam, and Viscount of St. Albans in arguments civil and moral, natural, medical, theological, and bibliographical now for the first time faithfully published ... Bacon, Francis, 1561-1626.; Tenison, Thomas, 1636-1715. 1679 (1679) Wing B269; ESTC R9006 137,175 384

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the means of some discreet Divines and the potent Charm of Justice together was cast out neither did this poisonous Adder stop his Ear to these Charms but relented and yeilded to his Trial. Then followed the other Proceedings of Justice against the other Offenders Turnor Helwisse Franklin But all these being but the Organs and Instruments of this Fact the Actors and not the Authors Justice could not have been crowned without this last Act against these great Persons else Weston's Censure or Prediction might have been verified when he said He hoped the small Flies should not be caught and the greater escape Wherein the King being in great straits between the defacing of his Houour and of his Creature hath according as he useth to do chosen the better part reserving always Mercy to himself The time also of Justice hath had its true Motions The time until this Ladies deliverance was due unto Honour Christianity and Humanity in respect of her great Belly The time since was due to another kind of Deliverance too which was that some Causes of Estate which were in the Womb might likewise be brought forth not for matter of Justice but for Reason of State Likewise this last Procrastination of Days had the like weighty Grounds and Causes But my Lords where I speak of a Stage I doubt I hold you upon the Stage too long But before I pray Judgment I pray your Lordships to hear the Kings Papers read that you may see how well the King was inspired and how nobly he carried it that Innocency might not have so much as Aspersion Frances Countess of Somerset hath been indicted and arraigned as accessary before the Fact for the Murder and Impoisonment of Sir Tho. Overbury and hath pleaded guilty and confesseth the Indictment I pray Judgment against the Prisoner The Charge of Sir Francis Bacon his Majesties Attourney General by way of Evidence before the Lord High Steward and the Peers against Robert Earle of Somerset concerning the poisoning of Overbury IT may please your Grace my Lord High Steward of England and you my Lords the Peers You have here before you Robert Earl of Somerset to be tried for his Life concerning the procuring and consenting to the Impoisonment of Sir Thomas Overbury then the King's Prisoner in the Tower of London as an Accessary before the Fact I know your Lordships cannot behold this Nobleman but you must remember his great favour with the King and the great Place that he hath had and born and must be sensible that he is yet of your Number and Body a Peer as you are so as you cannot cut him off from your Body but with grief and therefore that you will expect from us that give in the King's Evidence sound and sufficient matter of Proof to satisfy your Honours and Consciences And for the manner of the Evidence also the King our Master who among his other Vertues excelleth in that Vertue of the Imperial Throne which is Justice hath given us Commandment that we should not expatiate nor make Invectives but materially pursue the Evidence as it conduceth to the Point in question a matter that tho we are glad of so good a Warrant yet we should have done of our selves for far be it from us by any strains of Wit or Art to seek to play Prizes or to blazo● our Names in Blood or to carry the Day otherwise than upon just Grounds We shall carry the Lanthorn of Justice which is the Evidence before your Eyes upright and be able to save it from being put out with any Winds of Evasions or vain Defences that is our part not doubting at all but that this Evidence in it self will carry that force as it shall little need Vantages or Aggravations My Lords The Course which I shall hold in delivering that which I shall say for I love Order is this First I will speak somewhat of the nature and greatness of the Offence which is now to be tried and that the King however he might use this Gentleman heretofore as the Signet upon his Finger to use the Scripture Phrase yet in this Case could not but put him off and deliver him into the hands of Justice Secondly I will use some few words touching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And lastly I will produce the Proofs either out of the Examinations and Matters in Writing or Witnesses viva voce For the Offence it self it is of Crimes next unto High-Treason the greatest it is the foulest of Fellonies And take this Offence with the Circumstances it hath three Degrees or Stages that it is Murder that it is Murder by Impoisonment that it is Murder committed upon the Kings Prisoner in the Tower I might say that it is Murder under the Colour of Friendship but that is a Circumstance moral I leave that to the Evidence it self For Murder my Lords the first Record of Justice which was in the World was a Judgment upon Murder in the person of Adam's first born Cain And though it were not punished by Death but with Banishment and mark of Ignominy in respect of the primogeniture or of the population of the World or other points of God's secret Will yet it was adjudged and was as I said the first Record of Justice So it appeareth likewise in Scripture that the murder of Abner by Ioab though it were by David respited in respect of great Services past or Reason of State yet it was not forgotten But of this I will say no more It was ever admitted and so ranked in God's own Tables that Murder is of offences between Man and Man next to Treason and Disobedience of Authority which some Divines have referred to the First Table because of the Lieutenancy of God in Princes and Fathers the greatest For Impoisonment I am sorry it should be heard of in this Kingdom It is not nostri generis nec sanguinis It is an Italian Crime fit for the Court of Rome where that Person that intoxicateth the Kings of the Earth with his Cup of Poison in Heretical Doctrine is many times really and materially intoxicated and impoisoned himself But it hath three Circumstances which make it grievous beyond other Murders Whereof the first is That it takes a Man in full Peace in God's and the King's Peace He thinks no harm but is comforting Nature with Refection and Food So that as the Scripture saith His Table is made a Snare The second is That it is easily committed and easily concealed and on the other side hardly prevented and hardly discovered For Murder by violence Princes have Guards and private Men have Houses Attendants and Arms Neither can such Murders be committed but cum sonitu and with some overt and apparent Act that may discover and trace the Offender But for Poison the said Cup it self of Princes will scarce serve in regard of many Poisons that neither discolour nor distast and so passeth
of saying things The Vnderstanding f Nov. Organ l. 1. Aph. 49. p. 44 45. is not only made up of dry Light but it receives an infusion from the Will and Affections And that begets such Sciences as the Heart desireth For a Man soonest believes that which he would have to be true Wherefore he rejects difficult Truths through impatience in inquiring and sober Truths because they restrain his hope or desire and the deeper Natural Truths by reason of Superstition and the Light of Experiments by reason of Arrogance and Pride lest the Mind should seem to be conversant in mean and transitory Things and Paradoxes out of respect to the opinion of the Vulgar In sum the Will seasons and infects the Mind by innumerable Ways and by such as are sometimes not at all perceived Now how think you doth Spinoza shew this opinion to be a gross and fundamental Mistake Why by denying that there is any such thing in Man as a Will as if that general name was ever used to signifie a particular Act and not rather to express the general notion of that Power By telling us that all Volitions are particular Acts and as fatally determin'd by a Chain of Physical Causes as any effects whatsoever of Natural Bodies So that we are like to learn well from his Philosophy how to amend our Erroneous Assent whilst it teacheth us that it is necessary and not to be mended unless Men could have other Bodies and there were another Scheme of Nature It must be confess'd that the Lord I write of was not without Infirmities Intellectual or Moral And the latter of these have made the greater Noise from the greatness of his Fall I do not here pretend to speak of an Angel but of a Man And no Man great in Wit and high in Office can live free from suspicion of both kinds of Errors For that Heat which is instrumental in making a great Wit is apt to disorder the attention of the Mind and the stability of the Temper And High Place because it giveth power to Opportunity though no Athority to offend is ever look'd on with a jealous Eye And corrupt Men who mete by their own Measures think no Man can be Great and Innocent too His Lordship own'd it under his Hand g In his Letter to King James March 25. 1620. In the Cab. that He was frail and did partake of the Abuses of the Times And surely he was a partaker of their Severities also though they proved by accident happy Crosses and Misfortunes Methinks they are resembled by those of Sir George Sommers who being bound by his Employment to another Coast was by Tempest cast upon the Barmudas And there a Shipwrack'd Man made full discovery of a new temperate fruitful Region which none had before inhabited and which Mariners who had only seen its Rocks had esteemed an inaccessible and enchanted Place The great cause of his Suffering is to some a secret I leave them to find it out by his words to King Iames h See Mr. Bushels Extract p. 19. I wish said he that as I am the first so I may be the last of Sacrifices in your Times And when from private Appetite it is resolv'd that a Creature shall be sacrific'd it is easie to pick up sticks enough from any Thicket whither it hath straid to make a Fire to offer it with But whatsoever his Errors were or the causes of his Misfortunes they are over-ballanc'd by his Vertues and will die with Time His Errors were but as some Excrescencies which grow on those Trees that are fit to build the Palaces of Kings For though they are not proper and natural Parts yet they do not very much deprive the Body of its use and value And further to express my self by a more decent Image a Comparison of his own His Fall will be to Posterity but as a little Picture of Night-work remaining amongst the Fair and Excellent Tables of his Acts and Works i Epist to Bishop Andrew● These I distinguish into two kinds His Mechanical Inventions and his Writings I doubt not but his Mechanical Inventions were many But I can call to mind but Three at this time and of them I can give but a very broken Account And for his Instruments and Ways in recovering deserted Mines I can give no account at all though certainly without new Tools and peculiar Inventions he would never have undertaken that new and hazardous Work Of the three Inventions which come now to my Memory the First was an Engine representing the motion of the Planets Of this I can say no more than what I find in his own words in one of his Miscellany Papers in Manuscript The words are these I did once cause to be represented to me by Wires the motion of some Planets in fact as it is without Theories of Orbs c. And it seemed a strange and extravagant Motion One while they moved in Spires forwards another while they did unwind themselves in Spires backwards One while they made larger Circles and higher another while smaller Circles and lower One while they mov'd to the North in their Spires another while to the South c. His Second Invention was a secret Curiosity of Nature whereby to know the Season of every Hour of the Year by a Philosophical Glass placed with a small proportion of Water in a Chamber This Invention I describe in the words of him from whom I had the notice of it Mr. Thomas Bushel k See his Extract p. 17. one of his Lordships Menial Servants a Man skilful in discovering and opening of Mines and famous for his curious Water-Works in Oxfordshire by which he imitated Rain Hail the Rain-bow Thunder and Lightning This secret cannot be that Instrument which we call Vitrum Calendare or the Weather-Glass the Lord Bacon in his Writings l Hist. of life and death p. 22. speaking of that as a thing in ordinary use and commending not Water ‖ In Form● Calid● ● 24. p. 176. Org. but rectifi'd Spirit of Wine in the use of it Nor being an Instrument made with Water is it likely to have shewed changes of the Air with so much exactness as the later Baroscope made with Mercury And yet it should seem to be a secret of high value by the Reward it is said to have procured For the Earl of Essex as he in his Extract pag. 17. reporteth when Mr. Bacon had made a Present of it to him was pleas'd to be very bountiful in his Thanks and bestow upon his Twicknam-Park and its Garden of Paradise as a place for his Studies I confess I have not Faith enough to believe the whole of this Relation And yet I believe the Earl of Essex was extremely Liberal and free even to Profuseness that he was a great lover of Learned Men being in some sort one of them himself m MS. Hist. of Q. Eli● p. 39. and that with singular Patronage he
Weston touching Overbury's state of Body or Health were ever sent up to the Court though it were in Progress and that from my Lady such a thirst and listening this Lord had to hear that he was dispatched Lastly There was a continual Negotiation to set Overbury's Head on work that he should make some recognition to clear the honour of the Lady and that he should become a good Instrument towards her and her Friends All which was but entertainment For your Lordships shall plainly see divers of my Lord of Northampton's Letters whose hand was deep in this Business written I must say it in dark Words and Clauses That there was one thing pretended and another intended That there was a real Charge and there was somewhat not real a main drift and a dissimulation Nay further there be some passages which the Peers in their wisdom will discern to point directly at the Impoisonment After this Inducement followed the Evidence it self The Lord Bacon's Letter to the University of Cambridg Rescriptum Procuratoris Regis Primarii ad Academiam Cantabrigiensem quando in Sanctius Regis Consilium cooptatus fuit GRatae mihi fuere Literae vestrae atque Gratulationem vestram ipse mihi gratulor Rem ipsam ita mihi Honori voluptati fore duco si in hâc mente maneam ut Publicis Utilitatibus studio indefesso perpetuis curis puro affectu inserviam Inter partes autem Reipublicae nulla Animo meo charior est quàm Academiae Literae Idque vita mea anteacta declarat scripta Itaque quicquid mihi accesserit id etiam vobis accessisse existimare potestis Neque vero Pacrocinium meum vobis sublatum aut diminutum esse credere debetis Nam ea pars Patroni quae ad consilium in causis exhibendum spectat integra manet Atque etiam si quid gravius accideri● ipsum perorandi Munus licentiâ Regis obtentâ relict●m est Quodque Iuris Patrocinio deerit id auctiore potestate compensabitur Mihi in votis est ut quemadmodum à privatorum clientelarum negotiis ad Gube●nacula Reipublicae translatus jam sum Ita postrema Aetatis meae pars si vita suppetit etiam à publicis curis ad otium Literas devehi possit Quinetiam saepius subit illa Cogitatio ut etiam in tot tantis Negotiis tamen singulis annis aliquos dies apud vos deponam Vt ex majore vestrarum rerum notitiâ vestris utilitatibus melius consulere possim 5. Julij 1616. Amicus ves●er maximè Fidelis Benevolus Fr. Bacon The same in English by the Publisher The Answer of the Lord Bacon then Attorney General to the University of Cambridg when he was sworn of the Privy Council to the King YOur Letters were very acceptable to me and I give my self joy upon your Congratulation The thing it self will I suppose conduce to my Honour and Satisfaction if I remain in the mind I now am in by unwearied study and perpetual watchfulness and pure affection to promote the Publick Good Now among the Parts of the Common-wealth there are none dearer to me than the Vniversities and Learning And This my manner of Life hitherto and my Writings do both declare If therefore any good Fortune befalls me you may look upon it as an accession to your selves Neither are you to believe that my Patronage is either quite removed from you or so much as diminished For that part of an Advocate which concerneth the giving of Counsel in Causes remaineth entire Also if any thing more weighty urgent falleth out the very Office of Pleading the King's leave being obtained is still allow'd me And whatsoever shall be found wanting in my Juridical Patronage will be compensated by my more ample Authority My wishes are that as I am translated from the Business of private Men and particular Clients to the Government of the Common-wealth so the latter part of my Age if my Life be continued to me may from the Publick Cares be translated to leisure and study Also this thought comes often into my mind amidst so many Businesses and of such moment every year to lay aside some days to think on You That so having the greater insight into your Matters I may the better consult your Advantage Iuly the 5th 1616. Your most faithful and kind Friend Fr. Bacon Sir Francis Bacon's Letter to King Iames touching the Chancellors Place It may please Your most Excellent Majesty YOur worthy Chancellour * Chaenc Egerton I fear goeth his last day God hath hitherto used to weed out such Servants as grew not fit for Your Majesty But now He hath gather'd to Himself one of the choicer Plants in Your Majesties Garden But Your Majesties Service must not be mortal Upon this heavy Accident I pray your Majesty in all humbleness and sincerity to give me leave to use a few words I must never forget when I moved your Majesty for the Attorney's Place that it was your own sole Act and not my Lord of Somerset's who when he knew your Majesty had resolv'd it thrust himself into the Business to gain thanks And therefore I have no reason to pray to Saints I shall now again make Oblation to your Majesty first of my Heart then of my Service thirdly of my Place of Attorney and fourthly of my Place in the Star-Chamber I hope I may be acquitted of Presumption if I think of it both because my Father had the Place which is some civil inducement to my desire and I pray God your Majesty may have twenty no worse years than Queen Elizabeth had in her Model after my Father's placing and chiefly because the Chancellor's place after it went to the Law was ever conferred upon some of the Learned Counsel and never upon a Judg. For Audley was raised from King's Serjeant my Father from Attorney of the Wards Bromlie from Sollicitor Puckering from Queen's Serjeant Egerton from Master of the Rolls having newly left the Attorney's place For my self I can only present your Majesty with Gloria in Obsequio yet I dare promise that if I sit in that Place your Business shall not make such short turns upon you as it doth But when a Direction is once given it shall be pursued and performed And your Majesty shall only be troubled with the true Care of a King which is to think what you would have done in chief and not how for the Passages I do presume also in respect of my Father's Memory and that I have been always gracious in the Lower-House I have some interest in the Gentlemen of England and shall be able to do some good Effect in rectifying that Body of Parliament which is Cardo Rerum For let me tell your Majesty That that part of the Chancellor's place which is to judg in equity between Party and Party that same Regnum Iudiciale which since my Father's time is but too much enlarged concerneth your Majesty