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
March 30. 1663. Let this Collection of Letters and other Discourses be Printed HENRY BENNET SCRINIA CECILIANA MYSTERIES OF State Government IN LETTERS Of the late Famous Lord Burghley And other Grand Ministers of STATE In the Reigns of Queen ELIZABETH and King JAMES Being a further Additional Supplement of the CABALA AS ALSO Many Remarkable Passages faithfully Revised and no where else Published With two exact Tables The one of the Letters The other of Things most Observable LONDON Printed for G. Bedel and T. Collins and are to be sold at their Shop at the Middle-Temple-gate in Fleetstreet 1663. The Stationers To the READER Courteous Reader ALthough it be a received Position That Merit is worthier than Fame yet duly considered they ought to be inseparable the one being the just Guerdon of the other Upon that account we have presumed to make Publick these ensuing Memorials or Letters being Monuments of some late Eminent Patriots and Hero's of this Nation Who whilst they were Actors in such grand Affairs as suited with their high Service under their Sovereigns were deservedly Dignified here and Renowned abroad The first of these Worthies being Sir William Cecil Lord Burghley who was an unparallel'd Minister of State And as we conceive of the longest continuance that any Prince then or ever since with such Success enjoyed a person alwayes peaceable and moderate free from Covetousness or Ambition in the course of his Service rather willing to endure the Burthen than desiring the fruition of Honour or Profit profound in Judgment assisted with great Experience and therefore worthily celebrated both here and abroad as Pater Patriae and an indefatigable Votary to the Crown And for the matters and designs in the Letters themselves we shall be silent hoping the Fame of the person will be motive sufficient for you to purchase this Jewel Concerning the Times they were wheeled about with new and great Revolutions and Divisions not only at Home but also in France Scotland the Low Countries and generally in most of the other Kingdoms and States abroad Forâs Pugnae intus Timores Conspiracies Invasions and Insurrections amongst our selves War Devastations and Massacres amongst our Neighbours for the most part shadowed with the Vaile of Religion many Princes of the Blood and persons of great Authority being sacrificed on either part turbulent Times and of great mutations proper to try the Ability and Fidelity of a State Atlas wherein with what Wisdom he acquitted himself is referred to you to determine The next is Sir Nicholas Throckmorton Ambassador in France for Queen Elizabeth in the Infancy of her Reign we have nothing here of his remains but only his Letter to Her Majesty touching a free passage for the Queen of Scots through England wherein you will find variety of Politick Reasons pressed on each part with smart Judgment In the third place is Sir Philip Sidney that choice Darling of the Muses whom we suppose you will freely grant to have been Tam Marti quam Mercurio in whom England Netherland the Heavens and the Arts the Souldiers and the World did emulate a share here we have only a dissuasive Letter to the Queen touching Her Marriage with Mounsieur of France fortified with many pressing and effectual Reasons against that match and penned with a Politick and Ingenuous Stile And in the last place we present you with some Pieces of the inimitable Viscount St. Alban some in the Reign of the late glorious Queen and others in the Halcyon dayes of the late King James never before to our best knowledge made Publick deck't with many grateful Flowers of Philosophy History and Policy the Fall of the Earl of Somerset and the immediate Advance of the Duke of Buckingham with many other passages of moment and here you may observe the memorials of other worthy persons although the Title point only at Sir William Cecil for we conceive it not imaginable That such experienced and sure Masters of Knowledge would employ their thoughts in any thing sleight or superficial However we dare not assume that boldness as to write Encomiasticks of such great Personages that Right we suppose is much better performed by more quaint Pens already Lunae Radiis non maturescit Botrus And their Names and Honour still live in fresh memory Here you may safely turn Necromancer and consult with the dead or rather with the living for such Monuments as these survive Marble Dignum laude virum Musa vetat mori These are not like Augustus his two infamous Daughters or his unworthy Nephew Posthumus Agrippa Impostumes as he termed them that broke from him but pure and legitimate Issue of the nobler part which is with care exposed to publick View for the better accomodation of those that have been pleased to purchase the two former Volumes of the like Nature and Quality Temple-gate June 18. 1663. G. B. T. C. A TABLE of the LETTERS contained in this COLLECTION B. SIR Francis Bacon to the Lord Treasurer Burghley Pag. 1. Sir Francis Bacon to the Lord Treasurer Burghley p. 2. Sir Francis Bacon in recommendation of his Service to the Earl of Northumberland a few dayes before Queen Elizabeths death p. 4. Sir Francis Bacon to Mr. Robert Kempe upon the death of Queen Elizabeth p. 5. Sir Francis Bacon to Mr. David Foules in Scotland upon the entrance of His Majesties Reign ibid. Sir Francis Bacon to the King upon presenting his Discourse touching the Plantation of Ireland p. 6. Sir Francis Bacon to the Lord Chancellor touching the History of Britain p. 7. Sir Francis Bacon to the King upon the sending unto him a beginning of a History of His Majesties time p. 9. Sir Francis Bacon to the Earl of Salisbury upon sending him one of his Books of Advancement of Learning ibid. Sir Francis Bacon to the Lord Treasurer Buckhurst upon the same occasion of sending his Book of Advancement of Learning p. 10. A Letter of the like Argument to the Lord Chancellor ibid. Sir Francis Bacon of like Argument to the Earl of Northampton with Request to present the Book to His Majesty p. 11. Sir Francis Bacon his Letter of Request to Dr. Plafer to Translate the Book of Advancement of Learning into Latine ibid. Sir Francis Bacon to Sir Thomas Bodley upon sending him his Book of the Advancement of Learning p. 13. Sir Francis Bacon to the Bishop of Ely upon sending his Writing intituled Cogitata visa ibid. Sir Francis Bacon to Sir Thomas Bodley after he had imparted to him a Writing intituled Cogitata visa p. 14. Sir Francis Bacon to Mr. Matthew upon sending him part of Instauratio Magna p. 15. Sir Francis Bacon to Mr. Matthew touching Instauratio Magna p. 16. A Letter to Mr. Matthew upon sending his Book De Sapientia Veterum p. 17. Sir Francis Bacon to Mr. Savill ibid. Sir Francis Bacon to the King touching the Sollicitors place p. 18. Sir Francis Bacon to the King his Suit to succeed in the
Attorneys place p. 20. Sir Francis Bacon to Sir George Cary in France upon sending him his Writing In foelicem memoriam Elizabethae p. 21. A Letter to Sir George Villiers touching the difference between the Courts of Chancery and Kings Bench. p. 22. Sir Francis Bacon to the King concerning the Praemunire in the Kings Bench against the Chancery p. 23. A Letter to the King touching matter of Revenue and Profit p. 27. Sir Francis Bacon the Kings Attorney to the King touching the proceeding with Somerset p. 28. Sir Francis Bacon the Kings Attorney to Sir George Villiers concerning the proceeding with Somerset p. 30. Sir Francis Bacon the Kings Attorney giving account of an Examination taken of Somerset at the Tower p. 32. Sir Francis Bacon the Kings Attorney to Sir George Villiers touching the proceeding with Somerset p. 34. Sir Francis Bacon the Kings Attorney to Sir George Villiers of Account and Advice to His Majesty touching Somerset's Arraignment p. 35. Sir Francis Bacon the Kings Attorney and some great Lords Commissioners concerning the perswasion used to the Lord of Somerset to a frank Consession p. 36. Sir Francis Bacon to the King upon some inclination of His Majesty signified to him for the Chancellors place p. 38. Sir Francis Bacon the Kings Attorney returned with Postils of the Kings own Hand p. 39. The Copy of a Letter conceived to be written to the late Duke of Buckingham when he first became a Favourite to King James by Sir Francis Bacon afterwards Lord Verulam and Viscount St. Alban Containing some Advices to the Duke for his better direction in that eminent place of the Favourite Drawn from him at the intreaty of the Duke himself by much importunity p. 43. Sir Francis Bacon to Sir George Villiers of Advice concerning Ireland from Gorambury to Windsor p. 67. Sir Francis Bacon the Kings Attorney General to the Master of the Horse upon the sending of his Bill for Viscount sc. p. 69. Sir Francis Bacon to Sir George Villiers upon the sending his Pattent for Uiscount Villiers to be Signed p. 70. Sir Francis Bacon to the King about a Certificate of my Lord Coke's p. 72. A Letter to the King touching the Lord Chancellors place ibid. A Letter to the King of my Lord Chancellors amendment and the difference begun between the Chancery and Kings Bench. p. 75. Sir Francis Bacon the Kings Attorney to the King giving some account touching the Commendams p. 76. 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 p. 78. Sir Francis Bacon to the King about the Pardon of the Parliaments Sentence p. 81. Sir Francis Bacon to King James of a Digest to be made of the Laws of England p. 82. Sir Francis Bacon to the Right Honourabl◠〈◊〉 very good Lord the Earl of Devonshire Lord Lieutenant of 〈◊〉 p. 87. A Discourse touching Helps for the intellectual Powers by Sir Francis Bacon p. 97. Sir Francis Bacon to the King p. 101. C. Certain Copies of Letters written by Sir William Cecil Knight Secretary of Estate to Queen Elizabeth to Sir Henry Norris Knight Ambassador for the said Queen Resident in France Beginning the 10th of February 1566. and ending the 26th of September 15â—0 p. 105. The Lord Coke to King James touching trial of Duels out of England p. 193. H. The History of the Reign of King Henry the Eighth King Edward the Sixth Queen Mary and part of the Reign of Queen Elizabeth p. 194. I. A Copy of a Letter from His Majesty to the Lords read at Board Nov. 21. 1617. touching the abatement of His Majesties Houshold Charge p. 198. A Copy of His Majesties second Letter p. 199. A Letter from the King to his Lordship by occasion of a Book It was the Organon p. 200. To Our Trusty and Well-beloved Thomas Coventry Our Attorney-General ibid. S. A Letter written by Sir Philip Sidney unto Queen Elizabeth touching her Marriage with Mounsieur p. 201. My Lord Sanquir 's Case p. 209. My Lady Shrewsburies Case p. 212. T. Sir Nicholas Throckmorton then Ambassador in France to Queen Elizabeth touching a free Passage for the Queen of Scots through England into Scotland p. 214. Books Printed for and sold by G. Bedell and T. Collins Folio's Compleat AMBASSADOR Letters and Negotiations of the Lord Burleigh and Sir Francis Walsingham in the Reign of Queen Elizabeth Collected by Sir Dudly Diggs Bishop Andrews Sermons Halls Politicks Lord Bacons History of King Henry 7th * D'Avila's Civil Wars of France * Bishop Ushers Annals of the World * Titus Livius Roman History in English * Dr. Hammond on the New Testament * Paraphrase on the Psalms * Howe 's Chronicle of England * Lord Hobarts Reports with a large Table by Sir H. Finch * Bulstrodes Reports in Three Parts * Crooks Reports in Three Volumes * Lord Cooks Pleadings in English * Wingats Maxims of the Law * Styles Reports * Leonards Reports Second Part. Quarto's Mountagues Essayes Sennault's Christian Man Potters Number of the Beast 666. Grand Seignieurs Seuaglio Ross against Coparnicus touching the Earths motion French Letters touching His Majesties stedfastness in the Protestant Religion in French and English Character of CHARLES II. Articles or Treaty of Peace betwixt France and Spain Discourse for a King and Parliament Fumi Fugium A Discourse of the Air and Smoak of London by John Evelin Esq Lord Cooks Reading and Denshalls Reading on the Statute of Fines The Judges Arguments on the Liberty of the Subject Three Readings on Wills Jointures and forcible Entry Mr. Durhams Assize Sermon Dr. Thomas his Assize Sermon Playes * D'avenant's Wits * Platonick Lovers * Faithful Shepherdess by Fletcher Marriage of the Arts by Barten Hollyday The Bastard A Tragedy The Martyr A Tragedy The Just General Horratius in English A Tragedy Michaelmas Term. Combate of Love and Friendship Octavo's Gosses Tragedies Lucretius in Latine and English Faushawes La Fida Pastora Duke of Rohans Memoires and Discourses English Hyppolito Isabella Three Romances The Nuptial Lover Triumphant Lady Waterhouse his Apology for Learning Idem His Divine Tracts Idem His Discourse of Arms and Armory Botelers Sermons Compleat on several Subjects Instructions for a Library by Naudeus English Reliquiae Carolinae Dr. Taylors Offices or Liturgy Sheppard of Courts Of Corporations Lambords Archeion White of the Laws Parsons Law the last Edition Claytons Reports Fleetwoods Justice Stones Reading on the Statute of Bankrupts Wingats Body of the Law Noyes Maxims D'avenport's Abridgment of Cook on Littleton Abridgement of Acts. Twelves Compleat Justice Davis's Abridgement of Cooks Reports Tylenus Second Part against Baxter Jacksons Evangelical Temper Of Liberty and Servitude Haywards Edward 6th St. Chrysostom of Education Guuton of External Worship Supplementum Lucani per May. Thuan's Politick Maxims Mayerns Experiments Dr. Stuarts Sermons Ladies Cabinet Gees steps in four and twenties SIR FRANCIS BACON'S Letters c.
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
that Business 28. 29. 30 31 32 33 c. His advice to Sir George Villiers concorning Ireland wherein three Propositions are acutely scan'd 1. Touching the Recusant Magistrates of Towns there 2. About roducing the Number of the Council from Fifty to twenty 3. That a means may be found to re-enforce the Army by 500. or 1000. men without increase of Charge 67 68 69. From him to the Duke when he first became a Favourite with somo directions or his demeanor in that eminent place ranked into eight material Heads with an ample and quaint gloss upon each of them most elegantly pen'd 43 44. Again to him upon sending his Pattent for Viscount Villiers with several Avisoes and incidently a Censure of the Cecils the Father and the Son Pag. 70 71. Sends the King a Certificate from the Lord Coke 72. Sends to the King an Essay of History of His Majesties time 9. Desires the History of Brittain may be written for three Observations 7 8. Sixty four years old in Age and three years and five months in misery desires neither means place nor imployment but a total remission of the sentence of the Upper House by the example of Sir John Bennet 81. To the King touching the Plantation of Ireland as formerly of the Union as being Brother thereunto 6. To the Earl of Salisbury touching his Book of the advancement of Learning saying He is but like a Bell-ringer to awake better spirits 9 10. Several Letters to great Personages in sending unto them his Book of advancement of Learning and the presenting of it to the King 10 11. To Dr. Plafer touching the Translating of it into Latine with many excellent Reasons to that Inducement 11 12. To Sir Thomas Bodley upon sending the same Book 13. To divers Friends upon sending unto them some other of his Books 13. 14 15 16. To Mr. Savil touching the Education of Youth and the improving the Intellectual Powers Pag. 17. A Factious Book stiling the Queen Misera Faemina the addition of the Popes Bull. 21. The business of the Commendams and the carriage of the Judges therein related to the King 76 77. Three Examples of great Calamity Demosthenes Cicero and Seneca A Discourse concerning his own Books 78 79 80. A learned and ample Discourse touching a Digest to be made of the Laws of England from 82. to 86. To the Earl of Devonshire a Letter Apologetical touching a common fame as if he had been false or ungrateful to the Earl of Essex something long but exquisitely pen'd from 87. to 104. A discourse touching Helps for the Intellectual Powers by Sir Fran. Bacoa Faber quisque fortunae suae an insolent saying except it be interpreted as an hortative to correct slâ—th and not as it soundeth an high imagination for any man to fathom all Accidents Faber quisque Ingenii sui more true and more profitable Divers manner of instances in Improvements not only in the body of man but in his mind and spirit and therein not only in his Appetite and Affection but in his Powers of Wit and Reason The Will most manageable and admitteth most Medicines for Cure The first is Religion 2. Opinion and Apprehension 3. Example 4. When one affection is corrected by another And lastly a Confirmation of all by custom and habit Five Rules for exercises Pag. 97 98 99 100 Sir Francis Bacon to the King modestly Apologetical intimating his former services and his present low condition after the sentence pronounced against him by the Lords Implores the King that he that hath born a bag may not in his age be forc'd to bear aWallet nor he that desired to live to study may not be driven to study to live 101 102 103 104 C. CEcil Sir William to Sir Henry Norris Ambassadour in France about his Entertainment there being Extraordinary and what the Reason should be Sha'ne Oneal sues to be received into the Queens favour 105 106. Taxes Mounsieur de Foix for breach of promise in not delivering Lestrille The News of the death of the King of Scots and the manner of it Earl Bothwell suspected 107 108. Callice demanded to be restored to the Queen according to the Treaty of Cambray More of the business of the murder of the King of Scots words which touch't that Queen but fit to be supprest Pag. 109 111. If Callice be not delivered 50000 l. is to be forfeited 110. Matters in Flanders go hard against the Protestants 111. Those of the Order of France if life or honour be touched to be tried by Kings and others of the same Order ibid. Marriage of the Queen of Scots to Bothwell the prime of the Nobility against it 112. The French Kings Letter touching Callice ill resented by the Queen The Queen of Scots married the 15th of May. 113. Bothwell prosecuted for the murder defended by the Queen and the Hambletons the Queen under restraint Sha'ne Oneal slain in Ireland by certain Scots 114. Sir Nicholas Throckmorton sent into Scotland to Negotiate a Pacification The two Factions of the Hambletons and Lenox's 115. The Prince of Scotland Crowned at Sterling the 29th of July 116. Queen Elizabeth offended with the Scotch Lords Murray like to be made Regent Advice to Sir Henry Norris touching his Expences 117. Murray made Regent my Lord of Sussex with the Emperour all Judges Officers c. At Antwerp compelled to attest the Catholick Faith 118. Bothwell reported to be taken at Sea 119 120. Dunbar rendred to the Regent the Keeper thereof adjudged to a new Punishment Pag. 120. Expectation of Marriage between the Queen and the Archduke Charles 121. Troubles in France between the Prince of Conde and the King 121 122. The Queen of Scots noted by the Parliament there to be privy to the murder of her husband 123. The Earl of Desmond and his brother in the Tower 125. Fishermen of Diepe taken at Rye with unlawful Nets 126. The Popes Ministers preferre the State of their corrupt Church before the Weal of any Kingdom 128. The Earl of Sussex his return The Prince of Orange his Son to be sent into Spain and doubted Egmond and Horn must follow ibid. Emanuel Tremelius sent into England by the Elector Palatine The Prince of Orange refuseth to be judged by the Duke of Alva The Hambletons continue their Faction The death of Sir Ambrose Cave 129. Beaton sent from Scotland into France for 1000. Harquebusiers Money and Ordnance 131. Devilish practice against the Queen The Scots Queen removed to Bolton Castle her demands of the Queen denied 133. The Queen of Scots submits her Cause to be heard and determined in England 134 135 136 c. What preparations in France intended for Scotland Great expectation of the success of matters in the Low Countries Pag. 137. Unhappy but incredible News out of Flanders The Duke of Norfolk the Earl of Sussex and Sir Walter Mildmay Commissioners in the North about the Queen of Scots business 138. She makes Arguile and Huntley Lieutenants and the
Duke of Chastillherault over all They raise Forces against the Regent are Routed 139. A Couragious Answer from Queen Elizabeth to the French Ambassadour and the Audience adjourned 140. She sends a Ring to Marshal Montmorancy his wife 141. The Bishop of Rhemes Ambassador from France is offended that the doctrine of Rome is said to be contrary to Christs deducing consequently that his Mr. should be reputed no Christian and how that Speech was salved The Cardinal Chastillons Wife comes over 141 142. The Reason of the Cardinals coming into England Ships sent by the Queen to preserve the Bourdeaux Fleet. The Queen of Scots Case not defensible and the Consequence thereof 144. Matters about the Queen of Scots Chastillion highly commended 144 145. The Cause of the Queen of Scots to be heard here 146. Passages touching the differences between the King and the Prince of Conde Pag. 147. Matters against the Queen of Scots very bad 148. Sir Henry Norris claims the Lord Dacres Lands 149. Three manner of wayes proposed for ending the Scottish differences 150. Spanish Treasure stayed ibid. 151 156. The Parliament of Scotland declares the Queen of Scots privy to the murder of her Husband 152. D'Assonvill comes over Without Commission and desires Conference with the Spanish Ambassadour but denied 153. Hawkins his Return to Mounts Bay from the Indies with Treasure The Queen of Scots at Tetbury under the charge of the Earl of Shrewsbury 153. The French Ambassadors Currier searched and the Reason of it 154. The Prince of Conde slain in Battel against the King 157. The 13th of March had two great Effects 158. Differences in Scotland accorded 159. But not observed 160. Sir William Cecil laments the misfortune of France means made to accord with the Low Countries Scottish Nobility reconciled 61. Original Letters intercepted by persons of credit in the FrenchCourt of advertisement concerning the Queen of Scots and the Duke of Anjou Pag. 161. That the said Queen should transfer her title on the said Duke to learn more truth hereof and advertise with speed The Queens Ships far excel others 162. The Queen of Scots excuseth her Transaction with the Duke of Anjou 163 164. A Rebellion in the West-part of Ireland and the Spaniards aid feared 164. My Lord of Shrewsbury strucken with a Palsie and a Phrensie 165. The Parisians execute two Merchants whom the King had pardon'd The English Ambassador taxed for dealing with the Kings Rebels 166. The Earl of Desmond's great Rebellion in Ireland but dispersed 167 168. An Italian sent hither upon a Devilish attempt An Insurrection in Suffolk Queen Elizabeth desires to be rid of the Queen of Scots 169. The Queen offended at the Duke of Norfolk about his Marriage Sir William Cecil his good Friend therein my Lords of Arundel and Pembroke confined to their Lodgings about it and so is the Lord Lumley My Lord of Huntington joined with the Earl of Shrewsbury in the custody of the Scots Queen 172. The King of Spains designs with the Irish. Pag. 173. The grand Rebellion in the North and the pretences thereof and their numbers and names 174 175. A Report of the death of the Count Nassau the Northern Rebellion scattered and their Ring-leaders fled 176. Extracts of Letters out of the north The two Rebellious Earls in Liddesdale but flee from thence The Countess of Northumberland and her attendants robbed in Scotland The Earls flee with about 50. horse Westmerland changeth his coat of plate sword and travails like a Scottish borderer many others taken 177 178 The Regent of Scotland takes the Earl of Northumberland and others The Lord Fernhurst and Bucklugh aiders of them p. 178 The Murther of the Regent of Scotland at Lithgo by Hambleton of Bothwell Hall The Earl of Sussex his wise and noble carriage The Hambletons strongly suspected for the murder and why 179 180 The French Embassador makes 3 demands of the Queen in behalf of the Queen of Scots p. 181 Sir William Cecil names to the Queen Mr. Francis Walsingham and Mr. Henry Killigrew to succeed Sir Henry Norris in France p. 182 The Earl of Sussex goes again into Scotland The Bishop of Ross writes a Book in defence of the Queen of Scots and dangerous against Queen Elizabeth Pag. 183. The Earls of Worcester and Huntington made Knights of the Order p. 184 The Earl of Sussex and the Lord Hunsdon enter Scotland with fire and sword 50. Castles and 300 Villages burnt p. 184 185 The Lord Scroop Warden of the West Marshes makes great devastation in Scotland The Castle of Hume surrendred to the Lords of Sussex and Hunsdon and well fortified for the Queens service A great part of the Scotish borderers obediently adhere to their King and offer dependance upon the Queens Majesty The contrary part act rebelliously A great meeting of Lords on both sides at Edenburgh in Armes to try who shall have the authority p. 186 187 Simon Musgrage General of the horse routs the Lord Maxell is in some distress by him but is relieved by the Lord Scroop 's forces and the Maxwels and several other Lords escaped by flight Drumlangricks servants and tenants although pretended favorers of the King and Queen cruel to the English Dumfriese a Receptacle of English Rebels p. 187 188 The Queen of Scots desires cessation of Armes the Bishop of Ross plots against the Queen p. 189 Sir Henry Norris to be revoked and Mr. Walsingham to go in his place ibid. The Marshal of Berwick betray'd by the Bishop of St. Andrews and other Lords who under colour and treaty with him intended to have slain him he destroys the Hambletons Castles and houses Pag. 190. The Earl of Southampton for complyance with the Bishop of Ross is committed close prisoner to the Sheriff of London The fond Lord Morley withdraws to Lovain p. 191 The French King mediates for the Queen of Scots the Queen keeps some Castles in Scotland until her subjects of England should have satisfaction p. 191 192 Sir William Cecil and Sir Walter Mildmay are sent Commissioners to the Scotch Queen and they like not the message The Lord Coke to King James touching tryal of Duels out of England occasioned by putting to death of Doubty beyond the Seas by Sir Francis Drake that crime tryable only before the Constable and Marshal of England p. 193 194 H. THe History of the Reign of King Henry the 8th King Edward the 6th Queen Mary and part of Queen Eliz. p. 194 195 I. Exquisitely begun but left imprfect Two Copies of Letters from King James to the Lords touching abatement of his houshold charge and the means of redresse p. 198 199 From the King to the Lord Bacon in commendation of his book caled the Organon To Sir Thomas Coventry Atturney General commanding him to prepare a pardon of the whole sentence pronounc'd against my Lord Bacon p. 200 201 S. SIr Philip Sidney to the Queen diswading her from her marriage with Mounsieur most elegantly and judiciously penned p. 201 202 203 A most quaint Speech made by the Lord Bacon then Sollicitor General at the arraignment of the Lord Sanquir as well in extenuation as aggravation of the murder of Turner 209 210 c. The Countess of Shrewsburies Case touching the Marriage of the Lady Arabella and her refusal to be examined therein 212 213. T. SIR Nicholas Throckmorton Ambassador in France to Q. Elizabeth touching a free passage for the Q of Scots through England into Scotland several Politick Reasons urged on both sides between him the Queen of Scots and the Queen-Mother of France 214 215 216 c. FINIS ERRATA PAge 72. line 16. for bnt read but. p. 89. l. 22. for Twilknam r. Twitnam p. 97 l. 3. for fortunas suas r. fortunae suae p. 116. l. 3. for Moleneux r. Molineux p. 120. in fine for name r. named p. 130. l. 9. for what r. with and l. 7. for not r. now p. 137. l. 12. for to r. to be p 165. l. 6. for there r. here p. 173. l. 9. or 10. for over r. fromus p. 182. l. 14. for inferrior r. inferior p. 208. l. 18. for Holladour r. Hollander and in the same line for le r. he p. 211. l. 21. for Luedia r. Suedia p. 224. l. 26. for Abeville r. Abbeville 27 E. 3. Cap. 1. 4 H. 4. Cap. 23. These that follow are but indigested Notes Entertainment above ordinary To know the cause thereof Her Majestie much mislikes of the Prince of Conde and Thadnur Lords of France The Lords of the Council do all they can to cover the same Her Majesty being a Prince her self is doubtful to give comfort to subjects Our Ambassador to comfort them nevertheless as occasion serves Expectation of the Queens marrying with the Archduke Charles In Scotland all quiet the Scotish Queen still in Loughlevin and in health Murray ruleth quietly as Regent Original lettere intercepted by persons of credit in the French ourt of Advertisement concerning the Q of Scots and Duke of Anjou That the said Scotish Queen should transfer her Title on the said Duke To learn more truth hereof and advertise with speed This precisely denyed by the other side To send a trusty person to Marcells 19. Febr. 1616. Note before this Statute Criminal Causes were often adjudged in Parliament
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