where so much as in us lies to â—oot out and extirpate and Hereticks so convict to punish with Condigâ— Punishment holding that such an Hâ—retick in the aforesaid Form Conviâ—â— and Condemned according to thâ— Laws and Customs of this our Kingdom of England in this part accustomed ought to be Burned with Fireâ— We command thee that thou cause the said Edward Wightman being iâ— thy Custody to be committed to the Fire in some publick and open Placeâ— below the City aforesaid for the Cause aforesaid before the People and the same Edward Wightman in the same Fire cause really to be Burned in the Detestation of the said Crime and for manifest Example of other Christians that they may not fall into the same Crime And this no ways omit under the Peril that shall follow thereon Witness c. Anno Dom. 1616. An. Reg. Jac. 14. â— Order of the King 's Privy Council sent to the Peers of the Realm for the Tryal of the Earl and Countess of Somerset Whitehall Apr. 24. 1616. AFter our very hearty Commendations to your Lordship â—hereas the King 's Majesty hath reâ—ved that the Earl of Somerset and â—e Countess his Wife lately indicted â—f Felony for the Murder and Poyâ—ning of Sir Thomas Overbury then â—s Majesties Prisoner in the Tower â—all now receive their Lawful and â—ublick Tryal by their Peers immeâ—ately after the end of this present â—aster Term. At the Tryal of which â—oble Personages your Lordship's â—resence as being a Peer of the Realm â—nd one of approved Wisdom and Inâ—grity is requisite to pass upon them â—hese are to let your Lordship understand that his Majesties Pleasure â—â— and so commandeth by these our Leâ—ters that your Lordship make youâ— repair to the City of London by thâ— Eleventh day of the Month of Mâ—â— following being some days before thâ— Tryal intended at which time youâ— Lordship shall understand more of hiâ— Majesties Pleasure So not doubtinâ— of your Lordships Care to observe hâ— Majesties Directions we commit yoâ— to God Your Lordships very loving Friends G. Cant. T. Ellesmere Canc. Fenton E. Wotton Tho. Lake Lo. Dare. C. Edmonds E. Worcester Lenox P. Herbert R. Winwood F. Grevyll J. Caesar â—he Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset the Countess having received the King's Pardon â—T may please your Grace my Lord High Steward of England and you â—y Lords the Peers You have here â—efore you Robert Earl of Somerset â—â— be Tried for his Life concerning â—e Procuring and Consenting to the â—oysoning of Sir Thomas Overbury â—â—en the King's Prisoner in the Tower â—f London as an Accessary before the â—act I know your Honours cannot beâ—old this Noble Man but you must â—emember the great Favours which â—he King hath conferred on him and â—ust be sensible that he is yet a Memâ—er of your Body and a Peer as you â—re so that you cannot cut him off â—â—om your Body but with grief and â—herefore you will expect from us that give in the King's Evidence sound â—nd sufficient matter of Proof to satisfie your Honours Consciences As for the manner of the Evidence the King our Master who amongst other his Vertues excelleth in that Vertue of the Imperial Throne which is Justice hath given us Command that we should not expatiate nor make Invectives but materially pursue the Evidence as it conduceth to the points in question A matter that though 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 Arts to seek to play Prizes or blazon our Names in Blood or to carry the Day other ways than on sure grounds We shall carry the Lanthorn of Justice which is the Evidence before your Eyes upright and so be able to save it from being put out with any grounds of Evasion or vain Defence not doubting at all but that the Evidence it self will carry that Force as it shall need no Advantage or Aggravation First My Lords The Course that will hold in delivery of that which shall say for I love Order is First I will speak something of the Nature and Greatness of the Offence which is now to be Tried not to weigh down my Lord with the greatâ—ess of it but rather contrariwise to â—ew that a great Offence needs a â—ood Proof And that the King howâ—ever he might esteem this Gentleâ—an heretofore as the Signeâ— upon his â—inger to use the Scripture Phrase â—et in such a Case as this he was to â—ut it off Secondly I will use some few words â—ouching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And Lastly I will produce the â—roofs either out of Examination â—nd matters of Writing or Witnesses â—iva voce For the Offence it self it is of Crimes â—ext unto High Treason the greatest is the foulest of Felonies It hath â—ree Degrees First It is Murder by Impoysonment Secondly It is Muâ—der committed upon the King's Prisoner in the Tower Thirdly I might say it is Murder under the colour â— Friendship but that it is a Circumstance Moral and therefore I leavâ— that to the Evidence it self For Murder my Lords the firâ—â— Record of Justice which was in thâ— World was Judgment upon a 〈◊〉 therer in the Person of Adam's First born Cain and though it was not punished by Death but Banishment and marks of Ignominy in respect of the Primogenitors or the Population oâ— the World yet there was a severâ— Charge given that it should not gâ—â— unpunished So it appeareth likewise in Scripture that the Murder of Abner by Joab 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 because I will not discourse It was ever admitted and ranked in God's own Tables That Murder is of Offences between man and man next unto High Treason and Disobedience to Authority which sometimes have been referred to the first Table because of the Lieutenancy of God in Princes the greatest For Impoysonment I am sorry it should be heard of in our Kingdom It is not nostri generis nec sanguinis pecâ—atum it is an Italian Comfit fit for the Court of Rome where that person that intoxicateth the Kings of the Earth is many times really intoxicaâ—ed and poysoned himself but it hath three Circumstances which makes it grievous beyond other matters The First is That it takes a man away in full peace in God's and the King's peace that thinks no harm â—ut is comforting of Nature with Reâ—ection and Food so that as the Scripture saith his Table is made a Snare The Second is That it is easily committed and easily conceal'd and on â—he 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 Murder be committed but Cum sonitu with some
they assail me in my Strength and shall find my Deeds as ready and confident Justifications as my Words But it is not my Faith or Aspiring they here would bring in doubt they have a further Strain For as before they made my Name a Fume to disquiet the Head now they make it a Poyson to carry Infection into the Body For What is the Parliament but the Body of the Kingdom And why do they stain it with the hateful Name of Puritan but to make it odious to the King Indeed such Names help the Jesuits in Disputes of Religion when they are driven from all real Defences and would they practice this deploâ—able Art in the Matters of State if they were not in his Case that called Christ Galilean when he was vanquished by his Power For who knoweth not the Upper House of Parliament consisteth of all the Preâ—ates and Peers and the Nether House of near 500 Knights and Burgesses Elected and sent out of all Parts of â—he Kingdom And are all these Puâ—itans Do my Plots receive better Enâ—ertainment amongst them than with â—he Council of State And doth this reâ—roachful Comparison honour or disâ—onour those Able and Wise Men who are here presented to be well â—ffected to their Cause but their end â—as no Man's Honour It was to break â—he Parliament by setting Faction aâ—ongst the Members of both Houâ—es as well as with the Head and their â—and is most evident in misrepresenting the Case For where they say that almost every one of the Council both liked and allowed of the Propositions of the Catholick King and found therein no Cause to dissolve the Treaty They conceal that the Proposition was then made for the Palatinate alone supposing the Treaty of the Marriage should proceed And in that Case it mighâ— seem reasonable to very Wise Menâ— that the other Treaty should not bâ— broken off But in Parliament where both Parties come in Question together not one of those Able and Wise Men for they were all Memberâ— of the one House or the other dissented from the Council of dissolving them both The Altars of Provocation may then be objected to Worshippers of Saints or to them that appeal to their Idol at Rome and noâ— to Us who acknowledge no Sovereign upon Earth but our King to whom both Council of State and Parliament yield Odedience in all things How then may it be said thaâ— the Parliament is now above the King Or how can they hope that such shameless and impious Suggestions can make a prudent and good King jealous and doubtful of a most obsequious and dutiful People Especially at this time when it may truly be said That the Spirit of Wisdom in the Heart of the King hath wrought the Spirit of Unity in the Hearts of his Subjects which made the Success more happy than former Parliaments have had And this indeed is the matter which the Devil and they storm at For who can doubt that they and their Faction cannot endure without much trouble of Mind as they confess to see the weightiest Affairs and of greatest Moment to be now referred to the Censure of the Parliament when their fair Promises and Pretences can no longer prevail Yet let them tell us what greater and more Honourable Senate they have seen in Spain or elsewhere Besides Do not the very Writs for the Summons of Parliament express That is for the great and weighty Affairs of the Kingdom And have not our greatest and wisest Kings heretofore referred Treaties of Leagues of Marriages of Peace and War and of Religion it self to the Consultations of their Parliaments Those then that take upon them to undervalue this High Court do but expose their own Judgments to Censure and Contempt not knowing that Parliaments as they are the Honour and Support so they are the Hand-maids and Creatures of our Kings inspired formed and governed by their Power And if Charles the Fifth oâ— France by his Parliament of Paris recovered a great part of that Kingdom from this Crown and if Succeeding Kings there by the Assistance of that Court redeemed the Church from the Tyranny of the Pope We have no cause to doubt that our King by the Faithful Advice Assistance and Service of his Parliament shall be able both to recover the Palatinate which they here make so difficult and to protect our Neighbours and Allies and either to settle such a Peace as we really desire or to execute such Vengeance as God's Justice and their Sins shall for their Ambition assuredly draw upon them But they proceed and tell the King that it is said I have propounded many things to the Parliament in his Name without his Advice or Consent nay contrary to his Will And is not this to abuse the Ears and patience of a Prince to tell him many things are said and yet neither specifie the Matters nor the Men Or is not this to dally with my Name by Hear-says when with a harsh and incoherent Transition they suddenly fall upon â—he Prince who is the next true Mark their Malice shooteth at And when Malice it self cannot but acknowledge his Ingenuity and great Gifts and that in all things he shewâ—th himself an obedient and good â—on yet these Attributes they will â—eeds qualifie with a Nevertheless which cannot charge me as with a â—ault that I am confident in his Favour Or that I therefore despise all men to which Vice of all other my Nature is least inclin'd but indeed taxeth the Prince at least with participation of my ill Intentions by suffering me to make those persons subject to my Will which are most conformable to His. Whom they mean I know not but pray God that those Men they thus recommend to his Highness's neareâ— Trust prove not more dangerous to his Person than I have hitherto been refractory to his Will But having shot this Bolt they come back again to me as to their Stalking-horse to chuse a new Mark. And first for a preparative to the Prince Attention they wish that my Action were directed to his Good Then tâ— give at least some Varnish to theiâ— Work they tell him that good me believe meaning such as believe theâ— with an implicite Faith that I whâ— have imbroiled the Match with Spain will not be less able to break any other his Highness should affect iâ— which Speech if a Man will dive tâ— the Bottom of their Malice he must descend into Hell But for the Match with Spain can any man believe that his Majesty sent his Son that he went in Person that he both trusted Spain so far and did that Kingdom so much Honour and yielded to such Conditions or that I underwent that Hazard and Charge and pressed their King importuned his Favorite and Council and subjected my self to so many Indignities or that so great a Fleet even into their own Ports with Minds to interrupt or embroil or not rather to remove all Impediments to â—asten the Marriage and to bring â—ome
they made him a Confessor in Spain as their Faction long since made his Royal Father in his Honor a Martyr And for his Carriage he converseth with us daily and knoweth us much better than any stranger can and therefore we trust his own Experience and good Opinion of us against all they can suggest And for the Prince Palatine we love his Nation from which we were extracted and we love his Religion which was the Ground of the Alliance with him and we much esteem that Noble Princess by whom he participateth with that Duty and Affection which from the King as the Root in due proportion disperseth it self in all the Branches yet so as whensoever they shall divide from the Head or the Body they cannot but know that their Moisture will dry up And for Count Mansfield it is worth the observing how they labour to dissemble and divert that Fear of him which they cannot have for us but indeed for themselves least he who hath already so troubled them in Germany should disturb them elsewhere Now whereas they conjure King and Prince to foresee the Vengeance of God provoked by my Practises and the Fury of Parliament for Testimonies and Libels against the Honour of Spain How much more Cause have they both and we all to consider and praise God's Miraculous Goodness in preserving their Persons and blessing their Endeavours in so happy a Discovery and Prevention of those Dangers which the Treaties would have brought upon our Religion and State And thereby rest assured that he will still bless where they curse and establish the Scepters of the Defenders of his Faith and in powring his Vengeance upon the Beast and the Enemies of his Truth And if the Testimonies published against Spain and believed in Parliament were not true why do they not convince them and satisfie them and satisfie the World And for those bitter and ignominious Libels they mention why can they not be read without Ignominy to our Nation as well as Pasquin's in Rome and like Libels in France Germany and other Nations with their Reproach Especially considering as the Spaniards of all People are most pursued with Writing of this kind so the English of all other do punish Libels with most Severity and Rigour But that which followeth is yet more remarkable It is apparent say they that the League is broken and Histories will witness it Surely those Histories must be of their Writing for true histories cannot record any breach on our part The Treaties are indeed dissolved First materially by them and then formally by us But are those Treaties any Articles of the League Or is it in the Power of any Subject be he never so willful to break the Leagues of Princes without due Justice demanded and refused But now the Ambassadors publick Ministers of State have made such Declaration How far that extendeth his Majesty may consider and wheâ—her it be not an Advantage cunningly â—ought to countenance the first blow And the rather because immediately after this peremptory Declaration which may seem a degree to a Denunciation of War they use all the Oratory to lull his Majesty asleep and to persuade both him and the Prince to prefer Peace and Quiet ever before their Kingdoms which thereby may be lost And what Confidence is this Do they think their Learning sufficient to teach my Master to understand his own Note who can much better teach them that Pacifici beati are not passive but Active And that the Sworâ— maketh Peace both in Governmenâ— and in War by supporting Justice wherein the happiness of all Society doth consist But whosoever construeth the Speeches of these men by the litteral sence cometh short oâ— their meaning For what are all these specious Adornings of his Majesty and the Prince in the Long Robes oâ— Peace but a Figurative menacing them with the Consequences of War And to see what the Love of the one or fear of the other may happily work by Peace i. e. by a quiet submitting the Marriage of the Palatinate and the safety of the Kingdoms and Allies to the Devotion of Spain First His Majesty may believe his Symbol as they say is verified in his Person and that he is extolled and admired through the World Or that otherwise he shall enjoy neither Happiness nor Honour And Secondly That the Prince can no other way succeed peaceably into the Hereditary Possession of these Kingdoms or the Honour of his Father or shew that he is indeed of his Blood or beareth him Love as if all these should be questioned if he do not entertain the same Peace with those Princes whose Alliances his Majesty hath so well procured and deserved meaning by giving them way to work out all their Ends And this being the sence clouded up in their unjointed Applications all they gain thereby is to give these due Acknowledgments to his Majesty and the Prince First That their Royal Dispositions and Endeavours ever tended to peace Secondly That of themselves they intended no alteration without violent Motions on the other part And Thirdly Those which force them if at the very Entrance into War they want a just Cause as the Jews called for Vengeance against themselves so these men truly prophesie that they shall have their Success Hitherto I have been brought upon the Stage to play other mens parts Now followeth my own Indictment in more particular Terms First Concerning my Carriage of the Negotiation in Spain And Secondly For my Personal Actions and Behaviour For the Spanish Business because greater Persons are still involved in their Censure they make their way as Poets do in Tragedies by raising me as a Ghost to possess King and Prince and to terrifie all men that oppose my Designs Surely I think they smiled when they writ this passage For they cannot think me so predominant nor so terrible a Creature But to satisfie the World in those four first Questions which contain the Substance of all the Business in Spain I will briefly as I can repeat the Proceedings which have been related in Parliament more at large and justified by Letters and Records and allowed not only by the most temperate men they speak of but by general and unanimons Votes from which no one did dissent But First having the honour to be of my Master 's inward Council in these things I must testifie to the Renown of his Wisdom and especially of his Goodness that as in the Marriage of his Daughter his chief Intention was to settle and corroborate the Party of our Religion where it is most improved so by the Marriage of his Son in some powerful House of the other Religion he sought not only the strengthening and assuring is own Peace and Succession but the Universal Good of all Christendome and a means to qualifie by the Cooperation of those Princes the Spiritual Usurpations whereby in time some better accord in the Differences of Religion might be made From these Intentions and that special