of Praemunire preferred into the Kings Bench but not found is not so much as is noised abroad though I must say it was Omni tempore nimium hoc tempore alienum And therefore I beseech Your Majesty not to give any believing ear to Reports but to receive the Truth from me that am Your Attorney General and ought to stand indifferent for Jurisdictions of all Courts which account I cannot give Your Majesty now because I was then absent and some are now absent which are properly and authentically to inform me touching that which passed Neither let this any way disjoint Your other business for there is a time for all things and this very accident may be turned to good not that I am of opinion that that same cunning Maxim of Separa Impera which sometimes holdeth in persons can well take place in Jurisdictions but because some good occasion by this excess may be taken to settle that which would have been more dangerous if it had gone on by little and little God preserve Your Majesty Your Majesties most humble Subject and most bounden Servant Febr. 15. 1615. Sir Francis Bacon the Kings Attorney to the King giving some Account touching the Commendams It may please Your most Excellent Majesty I Am not swift to deliver anything to your Majesty before it be well weighed But now that I have informed my self of as much as is necessary touching this proceeding of the Judges to the Argument of the Commendams notwithstanding your Majesties pleasure signified by me upon your Majesties Commandment in presence of my Lord Chancellor and the Bishop of Winchester to the contrary I do think it fit to advertise your Majesty what hath passed the rather because I suppose the Judges since they performed not your Commandment have at least given Your Majesty their reasons of their failing therein I begin to answer for the doing of Your Majesties Commandment and they for the not doing I did conceive that in a cause that concern'd Your Majesty and your Royal power the Judges having heard your Attorney General argue the Saturday before would of themselves have taken further time to be advised And if I fail not in memory my Lord Coke received from Your Majesties self as I take it a precedent commandment in Hillary term That both in the Rege inconsulto and in the Commendams your Attorney should be heard to speak and then stay to be made of further proceeding till my Lord had spoken with your Majesty Nevertheless hearing that the day appointed for the Judges Argument hâ—ld contrary to my expectation I sent on Thursday in the evening having received Your Majesties Commandment but the day before in the afternoon a Letter to my Lord Coke whereby I let him know that upon some Report of my Lord of Winchester who by Your Commandment was present at my Argument of that which passed it was Your Majesties express Pleasure that no further proceeding should be until Your Majesty had confer'd with Your Judges which Your Majesty thought to have done at Your being now last in Town but by reason of Your many and weighty occasions Your Princely times would not serve and that it was Your Pleasure he should signifie so much to the rest of the Judges whereof his Lordship might not fail His answer by word to my Man was That it were good the rest of the Judges understood so much from my self Whereupon I that cannot skill in scruples in matter of Service did write on Friday three several Letters of like Content to the Judges of the Common Pleas and the Barons of the Exchequer and the other three Judges of the Kings Bench mentioning in that last my particular Letter to my Lord Chief Justice This was all I did and thought all had been sure insomuch as the same day being appointed in Chancery for Your Majesties great Cause followed by my Lord Hunsdon I writ two other Letters to both the Chief Justices to put them in mind of assisting my Lord Chancellor at the hearing And when my Lord Chancellor himself took some notice upon that occasion openly in the Chancery that the Commendams could not hold presently after I heard the Judges were gone about the Commendams which I thought at first had been only to adjourn the Court But I heard after that they proceeded to Argument In this their doing I conceive they must either except to the nature of the Commandment or to the credence thereof both which I assure my self Your Majesty will maintain For if they should stand upon the general ground Nulli negabimus nulli differemus Justitiam it receiveth two Answers The one that reasonable and mature advice may not be confounded with delay and that they can well alledge when it pleaseth them The other that there is a great difference between a Case meerly between Subject and Subject and where the Kings interest is in question directly or by consequence At for the Attorneys Place and Commission it is as proper for him to signifie the Kings Pleasure to the Judges as for the Secretary to signifie the same to the Privy Councel and so hath it ever been These things were a little strange if there came not so many of them together as the one maketh the other seem less strange But Your Majesty hath fair occasions to remedy all with small aid I say no more for the present I was a little plain with my Lord Coke in these matters and when his answer was That he knew all these things I said he could never profit too much in knowing himself and his duty Sir Francis Bacon his Advertisement touching an Holy War to the Right Reverend Father in God Lancelot Andrews Lord Bishop of Winchester and Councellor of Estate to His Majesty My Lord AMongst consolations it is not the least to represent a mans self like examples of calamity in others For Example gives a quicker impression then Arguments and besides they certifie us of that which the Scripture also tendereth for satisfaction That no new thing is happened unto us This they do the better by how much the Examples are liker in circumstances to our own case and more especially if they fall upon persons that are greater and worthier then our selves For as it savoureth of vanity to match our selves highly in our own conceit so on the other side it is a good sound conclusion That if our betters have sustained the like events we have the less cause to be grieved In this kind of consolation I have not been wanting to my self though as a Christian I have tasted through Gods great goodness of higher remedies Having therefore through the variety of my reading set before me many examples both of ancient and latter times my thoughts I confess have chiefly stayed upon three particulars as the most eminent and the most resembling all three persons that had held chief place of Authority in their Countreys all three ruined not by war or by any other disaster
of that fame and diligence saw it chiefly because I know not whether it may not serve him for some use in his Story wherein I would be glad he did right to the truth and to the memory of that Lady as I perceive by that he hath already written he is well inclined to do I would be glad also it were some occasion such as absence may permit of some acquaintance or mutual notice between us For though he hath many ways the precedence chiefly in worth yet this is common to us both that we serve our Sovereigns in places of Law eminent and not our selves only but that our Fathers did so before us and lastly that both of us love Learning and Liberal Sciences which was ever a bond of Friendship in the greatest distances of places But of this I make no farther request then your own occasions and respects to me unknown may further or limit my principal purpose being to salute you and to send you this Token whereunto I will add my very kind commendations to my Lady And so commit you both to Gods holy protection A Letter to Sir Geo. Villiers touching the difference between the Courts of Chancery and Kings Bench. Sir I Received this morning from you two Letters by the same bearer the one written before the other both after his Majesty had received my last In this difference between the two Courts of Chancery and Kings Bench for so I had rather take it at this time then between the persons of my Lord Chancellor and my Lord Chief Justice I marvaile not if rumour get way of true Relation for I know Fame hath swift wings specially that which hath black feathers but within these two days for sooner I cannot be ready I will write to his Majesty both the Narrative truly and my opinion sincerely taking much comfort that I serve such a King as hath Gods property in discerning truly of mens hearts I purpose to speak with my Lord Chancellor this day and so to exhibit that Cordial of his Majesties grace as I hope this other accident will rather rowse and raise his spirits then deject him or incline him to a relapse Mean while I commend the wit of a mean man that said this other day Well saith he next Term you shall have an old man come with a besom of Worm-wood in his hand that will sweep away all this For it is my Lord Chancellor his fashion especially towards the Summer to carry a posie of Worm-wood I writ this Letter in haste to return the Messenger with it God keep you and long and happily may you serve his Majesty Your true and affectionate servant Feb. 19. 1615. POST-SCRIPT Sir I humbly thank you for your inward Letter I have burned it as you commanded but the flame it hath kindled in me will never be extinguished Sir Francis Bacon to the King concerning the Praemunire in the Kings Bench against the Chancery It may please your most Excellent Majesty I Was yesterday in the Afternoon with my Lord Chancellor according to Your Commandment which I received by the Master of the Horse and find the old man well comforted both towards God and towards the world And that same middle comfort which is a divine and humane proceeding from your Majesty being Gods Leiutenant on earth I am perswaded hath been a great cause that such a sickness hath been portable to such an age I did not faile in my conjecture that this business of the Chancery hath stirred him He sheweth to despise it but yet he is full of it and almost like a young Duelist that findeth himself behind hand I will now as your Majesty requireth give you a true relation of that which passed neither will I decline your Royall Commandment for delivering my opinion also though it be a tender subject to write on But I that account my being but an accident to my service will neglect no duty upon self-safety First it is necessary I let your Majesty know the ground of the difference between the two Courts that your Majesty may the better understand the Narrative There was a Statute made 27. Ed. 3. Cap. 1. which no doubt in the principal intention thereof was ordained against those that sued to Rome wherein there are words somewhat general against any that questioneth or impeacheth any judgement given in the Kings Courts in any other Courts Upon these doubtfull words other Courts the Controversie groweth For the founder interpretation taketh them to be meant of those Courts which though locally they were not held at Rome or where the Popes Chair was but here within the Realm yet in their jurisdiction had their dependency upon the Court of Rome as were the Court of the Legat here and the Courts of the Arch-bishops and Bishops which were then but subordinate judgement seats to that high Tribunal of Rome And for this Construction the opposition of the words if they be well observed between the Kings Courts and other Courts maketh very much For it importeth as if those other Courts were not the Kings Courts Also the main scope of the Statute sortifieth the same and lastly the practice of many ages The other interpretation which cleaveth to the letter expoundeth the Kings Courts to be the Courts of Law only and other Courts to be Courts of Equity as the Chancery Exchequer-Chamber Dutchy c. though this also flyeth indeed from the letter for that all these are the Kings Courts There is also another Statute which is but a simple Prohibition and not with a penalty of Praemunire as the other is That after judgements given in the Kings Courts the parties shall be in Peace except the judgments be undone by Error or Attaint which is a legall form of reversall And of this also I hold the sounder interpretation to be to settle possessions against disturbances and not to take away remedy in equity where those judgments are obtained ex rigore juris and against good Conscience But upon these two Statutes there hath been a late conceipt in some that if a judgement passe at the Common-Law against any he may not after sue for relief in Chancery and if he do both he and his Councel and his Solicitor yea and the Judge in Equity himself are within the danger of those Statutes There your Majesty hath the true state of the question which I was necessarily to shew you first because your Majesty calleth for this relation not as news but as business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to the Grand Jury offences of all natures to be presented within Middlesex where the said Court is and the manner is to enumerate them as it were in Articles This was done by Justice Crooke the Wednesday before the Term ended and that Article if any man after a judgement given had drawn the said judgement to a new examination in any other Court was by him
especially given in Charge which had not used to be given in Charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term and that which all men condemn the supposed last day of my Lord Chancellors life there were two Indictments preferred of Praemunire for suing in Chancery after judgement at Common-Law The one by Richard Glanvile the other by William Allen the former against Courtney the party in Chancery Gibb the Councellor and Deurst the Clerk The latter against Alderman Bowles and Humphry Smith parties in Chancery Serjeant Moor the Councellor Elias Wood Sollicitor in the Cause and Sir John Tindall Master of the Chancery and an Assessor to my Lord Chancellor For the Cases themselves it were too long to trouble Your Majesty with them but this I will say If they were set on that preferred them they were the worst Workmen that ever were that set them on for there could not have been chosen two such Causes to the honour and advantage of the Chancery for the justness of the Decrees and the foulness and scandal both of fact and person in those that impeach the Decrees The Grand Jury consisting as it seemeth of very substantial and intelligent persons would not find the Bills notwithstanding that they were much clamoured by the parties and twice sent back by the Court and in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that knew too much Your Majesty will pardon me if I be sparing in delivering to You some other circumstances of aggravation and concurrences of some like matters the same day as if it had been some fatal constellation They be not things so sufficiently tryed as I dare put them into Your ear For my opinion I cannot but begin with this Preface That I am infinitely sorry that Your Majesty is thus put to salve and cure not only accidents of time but errors of servants For I account this a kind of sickness of my Lord Cooke's that comes almost in as ill a time as the sickness of my Lord Chancellor And as I think it was one of the wisest parts that ever he plaid when he went down to Your Majesty to Royston and desired to have my Lord Chancellor joined with him So this was one of the weakest parts that ever he plaid to make all the World perceive that my Lord Chancellor is severed from him at this time But for that which may concern Your Service which is my end leaving other men to their own wayes First my opinion is plainly that my Lord Cooke at this time is not to be disgraced both because he is so well habituate for that which remaineth of these capital Causes and also for that which I find is in his breast touching Your Finances and matters of repair of Your Estate And if I might speak it as I think it were good his hopes were at an end in some kind so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well-deserving person of Your Chancellor and at a time when he was thought to lie a dying which was barbarous but to Your High-Court of Chancery which is the Court of Your absolute power may not in my opinion pass lightly nor end only in some formal atonement but use is to be made thereof for the setling of Your Authority and strengthning of Your Prerogative according to the true Rules of Monarchy Now to accommodate and reconcile these Advices which seem almost opposite First Your Majesty may not see it though I confess it be suspitious that my Lord Cooke was any way aforehand privy to that which was done or that he did set it or animate it but only took the matter as it came before him and that his Error was only that at such a time he did not divert it in some good manner Secondly If it be true as is reported that any of the puisne Judges did stir this business or that they did openly revile and menace the Jury for doing their Conscience as they did honestly and truly I think that Judge is worthy to lose his place And to be plain with Your Majesty I do not think there is any thing a greater Polycreston ad multa utile to Your Affairs than upon a just and fit occasion to make some example against the presumption of a Judge in Causes that concern Your Majesty whereby the whole body of those Magistrates may be contained in better awe and it may be this will light upon no unfit subject of a person that is rude and that no man cares for Thirdly If there be no one so much in fault which I cannot yet affirm either way and there must be a just ground God forbid else yet I should think that the very presumption of going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Serjeant Heale in Queen Elizabeth's time that the Judges should answer it upon their knees before Your Majesty or Your Councel and receive a sharp admonition at which time also my Lord Wrey being then Chief Justice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellows and turbulent I think there will be discovered and proved against them besides the preferring of the Bill such combination and contemptuous speeches and behaviour as there will be good ground to call them and perhaps some of their petty Councellors at Law into the Star-Chamber In all this which I have said Your Majesty may be pleased to observe That I do not engage you much in the main point of the Jurisdiction for which I have a great deal of reason which I now forbear But two things I wish to be done the one That Your Majesty take this occasion to redouble unto all Your Judges Your ancient and true Charge and Rule That You will endure no innovating in the point of Jurisdictions but will have every Court impaled within their own Presidents and not assume to themselves new Powers upon conceits and inventions of Law The other That in these high Causes that touch upon State and Monarchy Your Majesty give them strait charge That upon any occasions intervenient hereafter they do not make the vulgar party to their contestations by publick handling them before they have consulted with Your Majesty to whom the reglement of those things appertaineth To conclude I am not without hope That Your Majesties managing this business according to Your great wisdom unto which I acknowledge my self not worthy to be Card-holder or Candle-holder will make profit of this accident as a thing of Gods sending Lastly I may not forget to represent to Your Majesty That there is no thinking of Arraignments until these things be somewhat accommodated and some outward and superficial
Reconciliation at least made between my Lord Chancellor and my Lord Chief Justice for this accident is a Banquet to all Somersets friends But this is a thing that falleth out naturally of it self in respect of the Judges going Circuit and my Lord Chancellors infirmity with hope of recovery And although this protraction of time may breed some doubt of mutability yet I have lately learned out of an excellent Letter of a certain King That the Sun sheweth sometimes watry to our eyes but when the Cloud is gone the Sun is as before God preserve Your Majesty Your Majesties most humble Subject and most bounden Servant Febr. 21. 1615. Your Majesties Commandment speaketh for pardon of so long a Letter which yet I wish may have a short continuance and be punished with fire A Letter to the King touching matter of Revenue and Profit It may please your Majesty I May remember what Tacitus saith by occasion that Tiberius was often and long absent from Rome In Urbe parva magna negotia Imperatorem simul premunt But saith he in recessu dimissis rebus minoris momenti summae rerum magnarum magis agitantur This maketh me think it shall be no incivility to trouble your Majesty with business during your aboad from London knowing your Majesties Meditations are the principal wheel of your estate and being warranted by a former commandment which I received from you I do now only send your Majesty these papers inclosed because I greatly desire so far forth to preserve my Credit with you as thus That whereas lately perhaps out of too much desire which induceth too much belief I was bold to say that I thought it as easie for your Majesty to come out of want as to go forth of your Gallery your Majesty would not take me for a dreamer or a projector I send your Majesty therefore some grounds of my hopes And for that paper which I have gathered of increasments sperate I beseech you to give me leave to think that if any of the particulars do fail it will be rather for want of workmanship in those that shall deal in them than want of materials in the things themselves The other paper hath many discarding cards and I send it chiefly that your Majesty may be the less surprized by projectors who pretend sometimes great discoveries and inventions in things that have been propounded and perhaps after a better fashion long since God Almighty preserve your Majesty Your Majesties most humble and devoted Servant and Subject April 25 1610. Sir Francis Bacon the Kings Attorney to the King touching the proceeding with Somerset It may please your most excellent Majesty AT my last access to your Majesty it was sit for me to consider the time and your journey which maketh me now trouble your Majesty with a remnant of that I thought then to have said besides your old Warrant and Commission to me to advertise your Majestie when you are aux champs of any thing that concern'd your service and my place I know your Majestie is Nunquam minus solus quam cum solus and I confess in regard of your great judgment unto 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 praesentem scripto adire much more in absence I said to your Majestie that which I do now repeat that the Evidence upon which my Lord of Somerset standeth indicted is of a good strong thred considering impoysoning is the darkest of offences but that the thred must be well spun and woven together For your Majestie 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 shallgive in evidence shall meet with somewhat considerable the one that the same things often open'd lose their freshness except there be an aspersion of somewhat that is new the other is the expectation raised which makes things seem less then they are because they are less then opinion Therefore I were not your Attorney nor my self if I should not be very careful that in this last part which is the pinacle of your former Justice all things may pass sine offendiculo sine scrupulo Hereupon I did move two things which having now more fully explained my self I do in all humbleness renew First That your Majesty will be careful to chuse 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 of the Evidence not only for the knitting but for the list and to use your Majesties own word the confining of it This to do if your Majestie vouchsafe to direct it your self that is the best if not I humbly pray you to require my Lord Chancellor that he together with my Lord Chief Justice will confer with my self and my sellows 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 strengthned by some such form of Commandment under Your Royal Hand as I send You here inclosed I most humbly pray Your Majesty to think that I understand my self 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 Majesties good health I rest Jan. 22. 1615. Sir Francis Bacon the Kings Attorney to Sir George Villiers concerning the proceeding with Somerset 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 further proceed My Lord Chancellor and my self spent Thursday and Yesterday the whole Forenoons of both dayes 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 Majesties 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 Chancellors
in the Evening after Councel Upon which Conference we find matter of further Examination for Sir Robert Cotton of some new Articles whereupon to examine Somerset and of entring 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 Majesties direction nor agreeable to His intention that we should proceed for that will want which should sweeten the Cup of Medicine he being his Countrey man and Friend Herein then we humbly crave His Majesties direction with all convenient speed whether we shall expect the Dukes recovery or proceed by our selves or that His Majesty will think of some other person qualified according to His Majesties just intention to be joined with us I remember we had speech with His Majesty of my Lord Hay and J 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 further to know His Majesties pleasure concerning the day For my Lord Chancellor and J conceived His Majesty to have designed the Monday and Tuesday aftet St. Georges 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 Dukes sickness and the cause we find of Sir William Mounsons Examination and that divers of the peers are to be sent for from remote places It may please His Majesty therefore to take into consideration whether the days may not well be put off till Wednesday and Thursday after the Term which endeth on the Munday being the Wednesday and Thursday before Whitsontide 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 Majesties absence from Town then to take Munday and Tuesday after Trinity-Sunday being the Munday and Tuesday before Trinity Term. Now for Sir William Mounson if it be His Majesties 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 examinations he took of Sir William Mounson that those joyned to the information which we have received from Mr. Vice-Chamberlain may be full instructions unto us for his examination Further I pray let His Majesty know that on Thursday in the evening my Lord Chief Justice and my self attended my Lord Chancellor at his house for the setling of that scruple which His Majesty most justly conceived in the Examination of the Lady Somerset at which time resting on His Majesties opinion That that Evidence as it standeth now unclear'd must Secundum leges sanae Conscientiae be laid aside the question was Whether we should leave it out or try what a Re-examination of my Lady Somerset would produce Whereupon 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 viz. That it was good Evidence in their opinions to convince my Lord of Somerser was not grounded upon this part of the Evidence now to be omitted as well as upon the rest Who answered confidently That no and they never saw the exposition of the Letter but only the Letter The same Thursday evening before we entred 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 Majesties 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 say only this that I heard nothing that was new to me and I found my Lord Chancellor in divers particulars more ready then I 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 accompt I make most doubt But the Conclusion was That upon this entrance I should advise and conferr at large with my Lord Chief Justice and set things on work The particulars I referr till His Majesties coming The learned Councel have attended me now twice at my Chamber to confer upon that which His Majesty gave us in Commandment for our opinions 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 April 13. 1616. Sir Francis Bacon the Kings Attorney giving account of an Examination taken of Somerset at the Tower SIR 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 my self 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 Cottons examination and Mr. Vice-Chamberlains 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 further particulars I reserve to his Majesties coming In the end tanquam obiter but very effectually my Lord Chancellor put him in minde of the state he stood in for the imprisonment but he was little moved with it and pretended carelesness of life
since ignominy had made him unfit for his Majesties 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 my self thought not good to insist upon it at this time I have received from my Lord Chief Justice the examinations of Sir William Mounson with whom we mean to proceed to further examination with all speed My Lord Chief Justice is altered touching the re-examination 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 My self 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 all together for the delivery in of the same as we did in our former Certificate For the Revenue matters I reserve them to his Majesties coming and in the mean time I doubt not but Master Secretary Winwood will make some kind of Report thereof to his Majesty For the conclusion of your Letter concerning my own comfort I can say but the Psalm of Quid retribuam God that giveth me favour in his Majesties eyes will strengthen me in his Majesty service I ever rest Your true and devoted Servant April 18. 1616. To requite your Post-script of excuse for scribling I pray you excuse that the Paper is not gilt I writing from Westminster Hall where we are not so fine Sir Francis Bacon the Kings Attorney to Sir George Villiers touching the proceeding with Somerset 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 little Charm which may be secretly infused into Somersets ear some few hours before his Tryal 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 but to spare his blood he hath a kind of proud humour which may over-work the Medicine Therefore I could wish it were made a little stronger by giving him some hope that his Majesty will be good to his Lady and child and that time when Justice and his Majesties Honour is once salved and satisfied may produce further fruit of his Majesties compassio which was to be seen in the example of Southampton whom his Majesty after attainder restor d and Cobham and Gray to whom his Majesty notwithstanding they were offendors against his own person yet 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 Majesties favour may hope well if he hurt not himself by his publick misdemeanor For the person that should deliver this message I am not so well seen in the Religion of his friends as to be able to make choice of a particular my Lord Treasurer the Lord Knolles or any of his neerest friends should not be trusted with it for they may go too far and perhaps work contrary to His Majesties ends Those which occur to me are my Lord Hay my Lord Burghley of England I mean and Sir Robert Carr. My Lady of Somerset hath been re-examined and His Majesty is sound 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 Helwish's wife to be of Overbury and not of Somerset But for the person that should bid her she saith it was Northampton or Weston not pitching upon certainty which giveth some advantage to the evidence Yesterday being Wednesday I spent 4 or 5 houres with the Judges whom His Majesty designed to take consideration with the four Judges of the Kings Bench of the Evidence against Somerset They all concurre in opinion that the questioning him and drawing him on to tryal is most honourable and just and that the Evidence is fair and good His Majesties Letter to the Judges concerning the Commendams was full of magnanimity and wisdome I perceive His Majesty is never less alone then when he is alone for I am sure there was no body by him to informe him which made me admire it the more The Judges have given day over till the second Saturday of the next term so as that matter may indure further 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 infirmitie 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. Sir Francis Bacon the Kings Attorney to Sir George Villiers of Account and Advice to His Majesty touching Somerset's Arraignment SIR I Am far enough from opinion that the Redintegration or Resuscitation of Somersets fortune can ever stand with his Majesties honour and safety and therein I think I exprest my self 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 talke 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 Majesties Princely judgement 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 Ladies Arraignment For as His Majesty first conceived I would not have it stay in his stomack too long lest it sowre in the digestion and to be too neer 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 Majesties 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 Majesties 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 it self being Tragical enough bitterness and insulting be forborn and that
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 Attorneys place it was your own sole act more then that Somerset when he knew Your Majesty had resolved it thrust himself into the business for a Fee 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 which I think is honestly worth 16000 l. pound per annum and fourthly of my place of the Star-Chamber which is worth 1600 l. per annum and with the favuor and countenance of a Chancellor much more 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 in your Greatness then Queen Elizabeth had in her Model after my Fathers placing and chiefly because if the Chancellors place went to the Law it was ever conferred upon some of the Learned Councel and never upon a Judge For Audley was raised from K. Serjeant my Father from Attorney of the Wards Bromley from Sollicitor Puckering from Serjeant Egerton from Master of the Rolls having newly left the Attorneys place Now I beseech Your Majesty let me put you the present case truly If you take my Lord Coke this will follow first Your Majesty shall put an over-ruling nature into an over-ruling place which may breed an extream Next You shall blunt his industries in matter of financies which seemeth to aime at another place And lastly popular men are no sure Mounters for Your Majesties Saddle If you take my Lord Hubbart you shall have a Judge at the upper end of Your Councel-board and another at the lower end Whereby Your Majesty will find your Prerogative pent For though there should be emulation between them yet as Legists they will agree in magnifying that wherein they are best He is no States-man but an Occonomist wholly for himself So as Your Majesty more then an outward form will find little help in him for the business If you take my Lord of Canterbury I will say no more but the Chancellours place requires a whole man And to have both Jurisdictions Spiritual and Temporal in that height is sit but for a King 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 Fathers memory and that I have been alwayes gracious in the Lower House I have interest in the Gentlemen of England and shall be able to do some good effect in rectifying that Body of Parliament-men which is Cardo rerum For let me tell Your Majesty that that part of the Chancellors place which is to Judge in equity between party and party that same Regnum judiciale which since my Fathers time is but too much enlarged concerneth Your Majesty least more then the acquitting your Conscience for Justice But it is the other part of a Moderator amongst your Councel of an Overseer over your Judges of a planter of fit Justices and Governors in the Country that importeth your affairs and these times most I will add also that I hope by my care the inventive part of your Councel will be strengthned who now commonly do exercise rather their Judgements then their inventions And the inventive part cometh from projectors and private men which cannot be so well In which kinde my Lord of Salisbury had a good method if his ends had been upright To conclude if I were the man I would be I should hope that as Your Majesty hath of late wonne hearts by depressing you should in this leese no hearts by advancing For I see your people can better skill of Concretum then Abstractum and that the waves of their affections flow rather after persons then things So that acts of this nature if this were one do more good then twenty Bills of Grace If God call my Lord the Warrants and Commissions which are requisite for the taking the Seal and for the working with it and for the reviving of Warrants under his hand which dye with him and the like shall be in readiness And in this time presseth more because it is the end of a Term and almost the beginning of the Circuits So that the Seal cannot stand still But this may be done as heretofore by Commission till Your Majesty hath resolved of an Officer God ever preserve Your Majesty Your Majesties most humble Subject and bounden Servant Febr. 12. 1615. A Letter to the King of my Lord Chancellors amendment and the difference begun between the Chancery and Kings Bench. It may please your most Excellent Majesty I Do find God be thanked a sensible amendment in my Lord Chancellor I was with him yesterday in private Conference about half an hour and this day again at such time as he did seal which he endured well almost the space of an hour though the vapour of the wax be offensive to him He is free from a Feaver perfect in his powers of memory and speech and not hollow in his voice nor looks He hath no panting or labouring respiration neither are his Coughs dry or weak But whosoever thinketh his disease to be but Melancholy maketh no true judgment of it for it is plainly a formed and deep Cough with a pectoral surcharge so that at times he doth almost animam agere I forbear to advertise Your Majesty of the care I took to have Commissioners in readiness because Master Secretary Lake hath let me understand he signified as much to Your Majesty But I hope there shall be no use of them for this time And as I am glad to advertise Your Majesty of the amendment of Your Chancellors person so I am sorry to accompany it with an advertisement of the sickness of Your Chancery Court though by the Grace of God that cure will be much easier than the other It is true I did lately write to Your Majesty that for the matter of Habeas corpora which was the third matter in Law you had given me in charge I did think the communion of service between my Lord Chancellor and my Lord Chief Justice in the great business of examination would so join them as they would not square at this time But pardon me I humbly pray Your Majesty if I have too reasonable thoughts And yet that which happened the last day of the Term concerning certain Indictments in the nature
we remember our part to be to make him Delinquent to the Peers and not odions to the People That part of the Evidence of the Ladies Exposition of the Pronoun He which was first caught hold of by me and after by His Majesties 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 certifie 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 Stewards 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 May 5. 1616. Sir Francis Bacon the Kings Attorney and some great Lords Commissioners concerning the perswasion used to the Lord of Somerset to a frank Confession It may please Your Majesty WE have done our best endeavours to perform Your Majesties 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 dayes work was that which would conduce to Your Majesties 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 saddest 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 needed neither Confession nor supply of Examination But for Your Majesties 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 Tryal Your Majesty was tyed 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 it self engaged Your Majesty whatsoever Your inclination were but nevertheless that a frank and clear Confession might open the gate of Mercy and help to satisfie 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 been 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 further effect towards both And therefore in conclusion we wished him not to shut the gate of your Majesties mercy against himself by being obdurate any longer This was the effect of that which was spoken part by one of us part by another as it fell out adding further that he might well discern who spake in us in the course we held for that Commissioners of Examination might not presume so far of themselves Not to trouble Your Majesty with Circumstances of his Answers the sequel was no other but that we found him still not to come any degree further on to confess only his Behaviour was very sober and modest and mild differing apparently from other times but yet as it seem'd resolv'd to expect his Tryal Then did we proceed to examine him upon divers Questions touching the Impoysonment which indeed were very material and supplemental to the former Evidence wherein either his Affirmatives gave some light or his Negatives do greatly falsifie him in that which is apparently proved We made this further observation That when we asked him some Question that did touch the Prince or some Forrain practice which we did very sparingly at this time yet he grew a little stirred but in the Questions of the Impoysonment very cold and modest Thus not thinking it necessary to trouble Your Majesty with any further particulars we end with Prayer to God ever to preserve Your Majesty Your Majesties most Loyal and Faithful Servant c. If it seem good unto Your Majesty we think it not amiss some Preacher well chosen had access to my Lord of Somerset for his preparing and comfort although it be before his Tryal Sir Francis Bacon to the King upon some inclination of His Majesty signified to him for the Chancellors place It may please your most Excellent Majesty THe last day when it pleased Your Majesty to express your self towards me in favour far above that I can deserve or could expect I was surprised by the Princes coming in I most humbly pray Your Majesty therefore to accept these few lines of acknowledgement I never had great thoughts for my self further then 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 my self shall fall out about this who shall hold your Stirrup belt but were Your Majesty mounted and seated without difficulties and distastes in your business as I desire and hope to see you I should ex 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 politick vertues is the best pen of Kings and much more the best subject of a pen. God ever preserve Your Majesty Your Majesties most humble Subject and more and more obliged Servant April 1. 1616. Sir Francis Bacon the Kings Attorney returned with Postils of the Kings own Hand It may please Your most Excellent Majesty YOur Majesty hath put upon me 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 Judgement that in this action which hath been carried with so great Prudence Justice and Clemency there may be for that which remaineth as little surprize as is possible but that things duly foreseen may have their remedies
to mind you of which nearly concerns your self you serve a great and gracious Master and there is a most hopeful young Prince whom you must not desert it behoves you to carry your self wisely and evenly between them both adore not so the rising Son that you forget the Father who raised you to this height nor be you so obsequious to the Father that you give just cause to the Son to suspect that you neglect him But carry your self with that judgment as if it be possible may please and content them both which truly I believe will be no hard matter for you to do so may you live long beloved of both which is the hearty prayer of Your most obliged and devoted Servant Sir Francis Bacon to Sir George Villiers of Advice concerning Ireland from Gorambury to Windsor SIR BEcause I am uncertain whether His Majesty will put to a point some Resolutions touching Ireland now at Windsor I thought it my Duty to attend His Majesty by my Letter and thereby to supply my Absence for the renewing of some former Commissions for Ireland and the framing of a new Commission for the Wards and the Alienations which appertain properly to me as His Majesties Attorney and have been accordingly referred by the Lords I will undertake that they are prepared with a greater care and better application to His Majesties Service in that Kingdom than heretofore they have been and therefore of that I say no more And for the Instructions of the new Deputy they have been set down by the two Secretaries and read to the Board and being things of an ordinary nature I do not see but they may pass But there have been three Propositions and Councels which have been stirred which seem to me of very great importance wherein I think my self bound to deliver to His Majesty my Advice and Opinion if they should now come in question The first is touching the Recusant Magistrates of the Towns of Ireland and the Commonalties themselves and their Electors what shall be done which Consultation ariseth from the late Advertisements from the two Lord Justices upon the instance of the two Towns Limrick and Kilkenny in which Advertisements they represent the Danger only without giving any light for the Remedy rather warily for themselves than agreeable to their duties and places In this point I humbly pray His Majesty to remember that the refusal is not of the Oath of Allegiance which is not enacted in Ireland but of the Oath of Supremacy which cutteth deeper into matter of Conscience Also that His Majesty will out of the depth of His Excellent Wisdom and providence think and as it were calculate with himself whether time will make more for the Cause of Religion in Ireland and be still more and more propitious or whether differing remedies will not make the Case more difficult For if time give His Majesty the advantage what needeth precipitation of extream remedies but if the time will make the Case more desperate then His Majesty cannot begin too soon Now in my opinion time will open and facilitate things for Reformation of Religion there and not shut up or lock out the same For first the plantations going on and being principally of Protestants cannot but mate the other party in time Also His Majesties care in placing good Bishops and good Divines in amplifying the Colledge there and looking to the education of Wards and such like as they are the most natural means so are they like to be the most effectual and happy for the weeding out of Popery without using the temporal sword so that I think I may truly conclude that the ripeness of time is not yet come Therefore my advice is in all humbleness that this hazardous course of proceeding to tender the Oath to the Magistrates of Towns proceed not but die by degrees And yet to preserve the authority and reputation of the former Councel I would have somewhat done which is that there be a proceeding to seisure of liberties but not by any act of power but by quo Warranto or Scire Facias which is a legal course and will be the work of three or four Terms by which time the matter will be somewhat cool But I would not in no case that the proceeding should be with both the Towns which stand now in contempt but with one of them only choosing that which shall be most fit For if His Majesty proceed with both then all the Towns that are in the like case will think it a common Cause and that it is but their case to day and their own to morrow But if His Majesty proceed but with one the apprehension and terror will not be so strong for they may think it may be their case to be spared as well as prosecuted And this is the best Advice that I can give to His Majesty in this strait and of this opinion seemed my Lord Chancellor to be The second Proposition is this It may be His Majesty will be moved to reduce the number of His Councel of Ireland which is now almost fifty to twenty or the like number in respect that the greatness of the number doth both imbase the Authority of the Councel and divulge the business Nevertheless I hold this Proposition to be rather specious and solemn than needful at this time for certainly it will fill the State full of discontentment which in a growing and unsetled State ought not to be This I could wish that His Majesty would appoint a select number of Councellors there which might deal in the improvement of His Revenue being a thing not to pass through too many hands and the said selected number should have dayes of sitting by themselves at which the rest of the Councel should not be present which being once setled then other principal business of State may be handled at these sittings and so the rest begin to be disused and yet retain their countenance without murmur or disgrace The third Proposition as it is moved seemeth to be pretty if it can keep promise for it is this That a means may be found to re-enforce His Majesties Army by five hundred or a thousand men and that without any Penny increase of charge And the means should be That there should be a Commandment of a local removing and transferring some Companies from one Province to another whereupon it is supposed that many that are planted in House and Lands will rather lose their entertainment then remove and thereby new men may have their Pay yet the old be mingled in the Countrey for the strength thereof In this Proposition two things may be feared the one discontent of those that shall be put off the other that the Companies shall be stuffed with Novices Tirones instead of Veterani I wish therefore that this Proposition be well debated before it be admitted Thus having performed that which Duty binds me to I commend you to Gods best preservation Your most devoted and
Queens Service mine own Fortune and in a sort my Vocation I did nothing but devise and ruminate with my self to the best of my understanding Propositions and Memorials of any thing that might concern his Lordships Honour Fortune or Service And when not long after I entred into this course my Brother Mr. Anthony Bacon came from beyond the Seas being a Gentleman whose abilities the World taketh knowledge of for matter of State specially Forreign I did likewise knit his Service to be at my Lords disposing And on the other side I must and will ever acknowledge my Lords love trust and favour towards me and last of all his liberality having enfeoffed me of land which I sold for 1800 l. to Mr. Reynold Nicholas and I think was more worth and that at such a time and with so kind and noble circumstances as the manner was as much as the matter Which though it be but an idle digression yet because I will not be short in commemoration of his benefits I will presume to trouble your Lordship with the relating to you the manner of it After the Queen had denied me the Sollicitors place for the which his Lordship had been a long and earnest Suitor on my behalf it pleased him to come to me from Richmond to Twilknam Park and brake with me and said Mr. Bacon the Queen hath denied me the place for you and hath placed another I know you are the least part of your own matter but you fare ill because you have chosen me for your mean and dependance you have spent your time and thoughts in my matters I die these were the very words if I do not somewhat towards your Fortune you shall not deny to accept a piece of land which I will bestow upon you My answer I remember was That for my Fortune it was no great matter but that his Lordships offer made me call to mind what was wont to be said when I was in France of the Duke of Guise That he was the greatest Usurer in France because he had turned all his Estate into Obligations meaning that he had left himself nothing but only had bound numbers of persons to him Now my Lord said I I would not have you imitate this course nor turn your state thus by greatest gifts into obligations for you will find many bad Debtors He bade me take no care for that and pressed it whereupon I said I see my Lord that I must be your Homager and hold land of your gift but do you know the manner of doing Homage in Law alwayes it is with a saving of his faith to the King and his other Lords and therefore my Lord said I I can be no more yours than I was and it must be with the ancient savings and if I grow to be a rich man you will give me leave to give it back a gain to some of your un-rewarded followers But to return Sure I am though I can arrogate nothing to my self but that I was a faithful Remembrancer to your Lordship that while I had most credit with him his fortune went on best and yet in too many points we always directly and condradictorily differed which I will mention to your Lordship because it giveth light to all that followed The one was I alwayes set this down That the only course to be held with the Queen was by obsequiousness and observance and I remember I would usually gage confidently that if he would take that course constantly and with choice of good particulars to express it the Queen would be brought in time to Ahasuerus Question to ask What should be done to the man that the King would honour meaning that her goodness was without limit where there was a true concurrence which I knew in her nature to be true My Lord on the other side had a setled opinion that the Queen should be brought to nothing but by a kind of necessity and authority and I well remember when by violent Courses at any time he had got his Will he would ask me Now Sir whose Principles be true and I would again say to him My Lord these Courses be like to hot waters they will help at a pang but if you use them you shall spoil the stomack and you shall be fain still to make them stronger and stronger and yet in the end they will lose their operation with much other variety wherewith I used to touch that string Another point was That I alwayes vehemently perswaded him from seeking greatness by a Military dependance or by a Popular dependance as that which would breed in the Queen Jealousie in himself Presumption and in the State Perturbation and I did usually compare them to Icarus two wings which were joined on with wax and would make him venture to soar too high and then fail him at the height And I would further say unto him My Lord stand upon two feet and flie not upon two wings The two feet are the two kinds of Justice commutative and distributive use your greatness for advancing of merit and vertue and relieving wrongs and burthens you shall need no other art of sineness but he would tell me that opinion came not from my mind but from my robe But it is very true that I that never meant to enthrall my self to my Lord of Essex nor any other man more than stood with the publick good did though I could little prevail divert him by all means possible from Courses of the Wars and Popularity for I saw plainly the Queen must either live or dye if she lived then the times would be as in the declination of an old Prince if she died the times would be as in the beginning of a new and that if his Lordship did rise too fast in these Courses the times might be dangerous for him and he for them Nay I remember I was thus plain with him upon his Voyage to the Islands when I saw every spring put forth such actions of charge and provocation that I said to him My Lord when I came first to you I took you for a Physitian that desired to cure the diseases of the State but now I doubt you will be like to those Physitians which can be content to keep their Patients long because they would alwayes be in request which plainness he nevertheless took very well as he had an excellent care and was patientissimus veri and assured me the case of the Realm required it and I think this speech of mine and the like renewed afterwards pricked him to write that Apology which is in many mens hands But this dfference in two points so main and material bred in process of time a discontinuance of privateness as it is the manner of men seldom to Communicate where they think their courses not approved between his Lordship and my self so as I was not called nor advised with for some year and a half before his Lordships going into Ireland as in former time yet
Essex said she whensoever I send Essex back again into Ireland I will marry you claim it of me Whereunto I said well Madam I will release that Contract if his going be or the good of the State Immediately after the Queen had thought of a Course which was also executed to have somewhat published in the Star-Chamber for the satisfaction of the World touching my Lord of Essex his restraint and my Lord not to be called to it but occasion to be taken by reason of some Libels then dispersed which when her Majesty propounded unto me I was utterly against it and told her plainly That the People would say that my Lord was wounded upon his back and that Justice had her balance taken from her which ever consisted of an accusation and defence with many other quick and significant terms to that purpose insomuch that I remember I said that my Lord in foro famae was too hard for her and therefore wish'd her as I had done before to wrap it up privately And certainly I offended her at that time which was rare with me for I call to mind that both the Christmass Lent and Easter-Term following though I came divers times to her upon Law-businesses yet methought her face and manner was not so clear and open to me as it was at the first And she did directly charge me that I was absent that day at the Star-Chamber which was very true but I alledged some indisposition of body to excuse it and during all the time aforesaid there was altum silentium from her to me touching my Lord of Essex causes But towards the end of Easter Term Her Majesty brake with me and told me that she had found my words true for that the proceeding in the Star-Chamber had done no good but rather kindled factious bruits as she termed them then quenched them and therefore that she was determined now for the satisfaction of the world to proceed against my Lord in the Star-Chamber by an Information ore tenus and to have my Lord brought to his Answer howbeit she said she would assure me that whatsoever she did should be towards my Lord ad castigationem non ad destructionem as indeed she had often repeated the same phrase before Whereunto I said to the end utterly to divert her Madam if you will have me to speak to you in this Argument I must speake to you as frier Bacon's head spake that said first Time is and then Time was and Time would never be for certainly said I it is now farr too late the matter is cold and hath taken too much wind whereat she seemed again offended and rose from me and that resolution for a while continued and after in the beginning of Midsomer Term I attending her and finding her setled in that resolution which I heard of also otherwise she falling upon the like speech it is true that seeing no other remedy I said to her sleightly Why Madam if you will needs have a Proceeding you were best have it in some such sort as Ovid spake of his Mistress Est aliquid luce patente minus to make a Councel-table matter of it and end which speech again she seemed to take in ill part but yet I think it did good for that time and help't to divert that Cause of Proceeding by Information in the Star-Chamber Nevertheless afterwards it pleased her to make a more solemn matter of the Proceeding and some few dayes after when order was given that the matter should be heard at York-House before an Assembly of Councellors Peers and Judges and some Audience of men of Quality to be admitted then did some principal Councellors send for us of the learned Councel and notifie her Majesties Pleasure unto us save that it was said to me openly by some one of them That her Majesty was not yet resolved whether she would have me forborn in the business or no. And hereupon might arise that other sinister and untrue speech that I hear is raised of me how I was a Suitor to be used against my Lord of Essex at that time for it is very true that I that knew well what had passed between the Queen and me and what occasion I had given her both of distaste and distrust in crossing her disposition by standing stedfast for my Lord of Essex and suspecting it also to be a stratagem arising from some particular emulation I writ to her two or three words of Complement signifying to her Majesty That if she would be pleased to spare me in my Lord of Essex's Cause out of the Consideration she took of my obligation towards him I should reckon it for one of her highest Favours but otherwise desiring her Majesty to think that I knew the degrees of Duties and that no particular obligation whatsoever to any Subject could supplant or weaken that entireness of Duty that I did owe and bear to her and her Service and this was the goodly Suit I made being a respect no man that had his wits could have omitted but nevertheless I had a further reach in it for I judged that dayes work would be a full period of any bitterness or harshness between the Queen and my Lord and therefore if I declared my self fully according to her mind at that time which could not do my Lord any manner of prejudice I should keep my credit with her ever after whereby to do my Lord Service Hereupon the next news that I heard was that we were all sent for again and that her Majesties pleasure was we should have all parts in the business and the Lords falling into distribution of our parts it was allotted to me that I should set forth some undutiful carriage of my Lord in giving occasion and Countenance to a seditious Pamphlet as it was termed which was dedicated unto him which was the book before mentioned of King H. 4. Whereupon I replied to that allotment and said to their Lordships that it was an old matter and had no manner of Coherence with the rest of the Charge being matters of Ireland and therefore that I having been wronged by bruits before this would expose me to them more and it would be said I gave in evidence mine own tales It was answered again with good shew that because it was considered how I stood tied to my Lord of Essex therefore that part was thought fittest for me which did him least hurt for that whereas all the rest was matter of Charge and Accusation this only was but matter of Caveat and admonition wherewith though I was in mine own Conscience little satisfied because I knew well a man were better to be Charged with some faults then admonished of some others yet the Conclusion binding upon the Queens pleasure directly volens nolens I could not avoid that part that was laid upon me which part if in the delivery I did handle not tenderly though no man before me did in so clear terms free my Lord from
that we could not long suffer such attempts unrevenged and being somewhat amazed with the charge he denyed the things very flatly and promised to write very earnestly therein to the King his Master And for conclusion we said that we would write unto you to move the King to make restitution and to prohibit the going to the Seas of any other but of those that were good Merchants in this time of peace according to the Treaty of which our negotiation you shall hear more shortly by Letters from the Council although I thought it good by this my private Letter somewhat to touch it unto you This speech with the Ambassador was on Saturday the fourth of this present and upon importunity of the Ambassador he had Audience of the Queens Majesty this day to whom he shewed a Letter from the King that Percivall coming over with Letters of late thither was stayed at Deip and the King hearing that he had Letters from the Queens Majesty ordered to dismiss him and willed the Ambassador to pray the Queen to think no offence in it for the said Percivall was to be Arrested in France for great debts which he ow'd there besides that as the Ambassador saith he is to be charged there with a murther After he shewed this Letter to her Majesty she called the Lord Chamberlain and me to her in his presence being no more of her Council then and in very round speeches told the Ambassador that she did not take the French Kings answer for the matter of Callis in good part and so much the worse because the Queen Mother by her Letters sent by Mr. Smith wrote that her Son had given very benign Audience and so reasonable an answer as ought well to content her Majesty In which manner of speech she saith she is not well used considering the answer was altogether unjust and unreasonable and if hereof the Ambassador shall make any sinister report you may as you see cause well maintain the Queens answer to be very reasonable as having cause to mislike the manner of writing of the Queen thereon which nevertheless you may impute to the unadvisedness of the Secretaries for so the Queens Majesty here did impute it Upon Sunday last I received Letters from Barnaby your Secretary who therein did very well advertise me of the staying of Percival at Deip and indeed I do finde that the cause hath grown from the Ambassador here either of displeasure or of suspition that he hath against the State Ro. Condulphe for whom he knew Percival was specially sent and finding this day the Ambassador very earnest in private speech with my Lord of Leicester and my self that Percivall would be Arrested in France after that he had delivered the Queens Letters I advised him to write to the contrary for otherwise he might provoke us to do the like with his Messengers and surely if I may be suffered so will I use them I have no more to write unto you But I can assure you that the Queen of Scots was married the 15. of this May and the Nobility therewith so offended as they remain with the Prince and keep apart from her what will follow I know not My Lady your Wife is safely arrived and was long with the Queen on Sunday I thank you for the little French Book which she brought me the like whereof I had before Yours assuredly W. Cecil May 27. 1567. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR THe matters of Scotland grow so great as they draw us to be very careful thereof I think not but you do hear of them by the reports but briefly these they be The best part of the Nobility hath confederated themselves to follow by way of Justice the condemnation of Bothwell and his Complices for the murther of the King Bothwell defends himself by the Queens maintenance and the Hambletons so as he hath some party though it be not great The 15. of this moneth he brought the Queen into the field with her power which was so small as he escaped himself without fighting and left the Queen in the field and she yielding her self to the Lords flatly denyed to grant Justice against Bothwell so as they have restrained her in Lothleven untill they may come unto the end of their pursuit against Bothwell The French Ambassador and Villeroy who is there pretend to favour the Lords with very great offers and it may be they do as much on the other side At this time I send unto you certain Packets of Letters left here by Mr. Melvin who lately came hither from the Queen of Scots the sending of those to my Lord of Murray requireth great haste whereof you may not make the Scotish Ambassador privy but I think you may make Robert Steward privy with whom you may confer for the speedy sending away of the same letters His return into Scotland is much desired of them and for the Weal both of England and Scotland I wish he were here and for his manner of returning touching his safety I pray require Mr. Steward to have good care Our Wars in Ireland are come to a good pass for the Arch-Traytor Shane-Oneale is slain by certain Scots in Ireland of whom he sought aid one murtherer killed by many murtherers hereby the whole Realm I trust will become quiet I pray you of those things that our Ambassador in Spain by your letters may be advertised whereof I cannot at this time make anyspecial letter unto him for lack of leisure and so I pray advertise him from me I am pitifully overwhelmed with business Sir Nicholas Throckmorton is shortly to pass into Scotland to negotiate there for the pacification of those troubles Yours assuredly W. Cecil Richmond 26. June 1567. To the right honorable Sir Henry Norris Knight the Queens Majesties Ambassador Resident in France SIR THis your Lackquey brought me letters from you and also from your servant Mr. whom he left at Rye for such business asby his letter he hath certified me whereof I have informed the Queens Majesty wherein she also well alloweth of your circumspection and I wish all to succeed as you advise for otherwise the peril were great Sir Nicholas Throckmorton hath been somewhat long in going into Scotland and entred by Berwick on Munday last I think the two Factions of the Hambletons and the Lenox's shall better accord then your neighbors where you now live would if Bothwell might be apprehended I think the Queen there shall be at good liberty for the Nobility My Lord of Pembrooke perceiving likelihood of troubles there in that Country would gladly have his Son Mr. Edward Herbert to return home and so I pray with my hearty commendations to him declare my Lord his Fathers minde and if my Lord of Murray should lack credit for money my Lord Steward would have his Son give him such credit as he hath for my Lord alloweth well of his friendship I am
entertainments in Forrein parts It had been an easie thing for you to set Carlile or some other blood-hound on work when your person had been beyond the Seas and so this news might have come to you in a packet and you might have looked on how the storm would pass but God bereaved you of this fore-sight and bound you here under that hand of a King that though abundant in Clemenev vet is no less ze lons of Justice Again when you came in at Lambeth you might have persisted in the denial of the procurement of the fact Carlile a resolute man might perhaps have cleared you for they that are resolute in mischief are commonly obstinate in concealing their porcurers and so nothing should have been against you but presumption But then also God to take away all obstructions of Justice gave you the grace which ought indeed to be more true comfort to you than any device whereby you might have escaped to make a clear and plain Confession Other impediments there were not a few which might have been an interruption to this dayes Justice had not God in his Providence removed them But now that I have given God the Honour let me give it likewise where it is next due which is to the King our Sovereign This Murther was no sooner committed and brought to his Majesties ears but his just indignation wherewith he first was moved cast it self into a great deal of care and prudence to have Justice done First came forth his Proclamation somewhat of a rare Form and devised and in esfect dictated by his Majesty himself and by that he did prosecute the Offendors as it were with the breath and blast of his Mouth Then did his Majesty stretch forth his long Arms for Kings have long Arms when they will extend them one of them to the Sea where he took hold of Grey shipped for Luedia who gave the first light of Testimony the other Arm to Scotland and took hold of Carlile ere he was warm in his house and brought him the length of his Kingdom under such safe watch and custody as he could have no means to escape no nor to mischief himself no nor learn no lessons to stand mute in which case perhaps this dayes Justice might have received a stop so that I may conclude his Majesty hath shewed himself Gods true Lieutenant and that he is no Respecter of persons but English Scottish Noblemen Fencer are to him alike in respect of Justice Nay I must say further That his Majesty hath had in this a kind of Prophetical Spirit for what time Carlile and Grey and you my Lord your self were fled no man knew whether to the four winds the King ever spake in a confident and undertaking manner That wheresoever the Offenders were in Europe he would produce them forth to Justice of which noble word God hath made him Master Lastly I will conclude towards you my Lord That though your Offence hath been great yet your Confession hath been free and your behaviour and speech full of discretion and this shews That though you could not resist the Tempter yet you bear a Christian and generous spirit answerable to the noble Family of which you are descended This I commend in you and take it to be an assured Token of God smercy and favour in respect whereof all worldly things are but Trash and so it is fit for you as your state now is to account them and this is all I will say for the present My Lady Shrewsburies Cause Your Lordships do observe the Nature of this Charge MY Lady of Shrewsbury a Lady wise and that ought to know what duty requireth is charged to have refused and to have persisted in refusal to answer and to be examined in a High cause of State being examined by the Council-table which is a Representative body of the King The nature of the cause upon which she was examined is an essential point which doth aggravate and encrease this contempt and presumption and therefore of necessity with that we must begin How graciously and Parent-like His Majesty used the Lady Arbella before she gave him cause of Indignation the world knoweth My Lady notwithstanding extreamly ill-advised transacted the most weighty and binding part and action of her life which is her Marriage without acquanting His Majesty which had been a neglect even to a mean Parent But being to Our Sovereign and she standing so near to His Majesty as she doth and then choosing such a Condition as it pleased her to chuse all parties laid together how dangerous it was my Lady might have read it in the fortune of that house wherewith she is matched for it was not unlike the case of Mr. Seymers Grandmother The King nevertheless so remembred He was a King as He forgot not he was a Kinsman and placed her only sub libera custodia But now did my Lady accumulate and heap up this offence with a far greater than the former by seeking to withdraw her self out of the Kings Power into Forreign Parts That this flight or escape into Forreign Parts might have been seed of trouble to this State is a matter whereof the conceit of a Vulgar person is not capable For although my Lady should have put on a mind to continue her Loyalty as nature and duty did bind her yet when she was in another sphere she must have moved in the motion of that O b and not of the Planet it self And God forbid the Kings felicity should be so little as she should not have envy and enviers enough in Forreign Parts It is true if any forreigner had wrought upon this occasion I do not doubt but the intent would have been as the Prophet saith They have conceived mischief and brought forth a vain thing But yet your Lordships know that it is Wisdom in Princes and it is a watch they owe to themselves and to their people to stop the beginnings of evils and not to despise them Seneca saith well Non jam amplius levia sunt pericula si levia videantur dangers cease to be light because by delpâ—sing they grow and gather strength And accordingly hath been the practice both of the Wisest and stoutest Princes to hold for matter pregnant of peril to have any near them in blood flie into Forreign Parts Wherein I will not wander but take the example of King Hen. 7. a Prince uot unfit to be parallel'd with his Majesty I mean not the particular of Perkin Werbeck for he was but an idol or a disguise but the example I mean is that of the Earl of Suffolk whom that King extorted from Philip of Austria The story is memorable That Philip after the death of Isabella coming to take Possession of His Kingdom of Castilia which was but Matrimonial to His Father in Law Ferdinando of Arragon was cast by weather upon the Coast of Tamouth where the Italian story saith King Henry used him in all things else as