1. First I observe the danger and consequence of the offence : for if it be suffered that the learned counsel shall practise the art of multiplication upon their warrants, the crown will be destroyed in small time. The great seal, the privy seal, signet, are solemn things; but they follow the King's hand. It is the bill drawn by the learned counsel and the docket, that leads the King's hand.

2. Next I note the nature of the defence. As first that it was error in judgment; for this surely if the offence were small though clear, or great but doubtful, I should hardly sentence it. For it is hard to draw a straight line by steadiness of hand; but it could not be the swerving of the hand. And herein I note the wisdom of the law of England, which termeth the highest contempts and excesses of authority, Misprisions; which (if you take the sound and derivation of the words) is but mistaken: but if you take the use and acception1 of the word, it is high and hainous contempts and usurpations of authority; whereof the reason I take to be, and the name excellently imposed, for that main mistaking, it is ever joined with contempt; for he that reveres will not easily mistake; but he that slights, and thinks more of the greatness of his place than of the duty of his place, will soon commit misprisions.

The cause came on upon the day appointed; but "on that day," says a reporter who though not present on this occasion has left us the fullest account of the trial,-2

'only the bill was opened by Sir Randall Crew, the King's Sergeant, briefly, with tears in his eyes. And Mr. Attorney's submissive answer by John Finch: Mr. Attorney himself being there present, standing at the bar among the ordinary counsellors, where with dejected looks, weep ing tears, and a brief, eloquent, and humble oration, he made a submission, acknowledging his error, but denying the corruption; and in the end, after solemn debate of all the Lords, procured the cause to be put off till his Majesty were made acquainted with his public acknowledgment, and his further pleasure known, whether any further proceedings should be had in this cause."

It is to this proceeding that Bacon refers in the next letter.

1620.]

YELVERTON'S CASE DEFERRED.

TO THE MARQUIS OF BUCKINGHAM.1

My very good Lord.

135

It may be your Lordship will expect to hear from me what passed yesterday in the Star-Chamber touching Yelverton's cause; though we desired Secretary Calvert to acquaint his Majesty therewith.

To make short, at the motion of the Attorney, in person at bar, and at the motion of my Lord Steward in court, the day of proceeding is deferred till the King's pleasure known. This was against my opinion, then declared plain enough; but put to votes, and ruled by the major part; though some concurred with

me.

I do not like of this course, in respect that it puts the King in a strait; for either the note of severity must rest upon his Majesty, if he go on; or the thanks of clemency is in some part taken away, if his Majesty go not on.

I have cor unum et via una; and therefore did my part as a Judge and the King's Chancellor. What is further to be done I will advise the King faithfully when I sce his Majesty and your Lordship. But before I give advice, I must ask a question first. God ever preserve and prosper you.

Your Lordship's most obliged friend,

and faithful servant,

FR. VERULAM, Сanc.

October 28, 1620.

I do not find any account of the advice which Bacon gave when he had got the answer to his question; but I presume that, the case being the same as it was in June, his advice would be the same-namely that the public hearing could not be dispensed with: and it was ultimately fixed for the 8th of November.

In the meantime Bacon sent another copy of the Novum Organum to the Cambridge University Library with the following letter::

ALME MATRI ACADEMIE CANTABRIGIENSI.2

Cum vester filius sim et alumnus, voluptati mihi erit, partum meum nuper editum vobis in gremium dare: aliter enim

1 Gibson Papers, vol. viii. f. 134. Copy by Meautys. No fly-leaf. Indorsed, "To L. Marqs Buck touching what passed in Star-Chamber at the hearing of Mr. Attorney's Cause."

2 From a facsimile of the orginal in the University Library.

velut pro exposito eum haberem. Nec vos moveat, quod via nova sit. Necesse est enim talia per ætatum et sæculorum circuitus evenire. Antiquis tamen suus constat honos; ingenii scilicet: nam fides Verbo Dei et Experientiæ tantùm debetur. Scientias autem ad experientiam retrahere, non conceditur: at easdem ab experientiâ de integro excitare, operosum certè sed pervium. Deus vobis et studiis vestris faveat.

Apud Ædes
Eboracenses,

31 Oct. 1620.

Filius vester amantissimus,

7.

FR. VERULAM, Canc.1

On the 8th of November, when Yelverton appeared before the Star Chamber to answer the charge against him, "the Lords" (says the same reporter, now an eye-witness) "being assembled again, my Lord Chancellor began the work of the day thus:

My Lords, it rests in your remembrance how by the discretion of this Court this cause was referred to the King and by his pleasure is again remitted to the Court. His Majesty distinguishes of the times of justice and of mercy, which he would have keep order; and this he does upon three grounds, which he would have to be published here.

1. First, Mr. Attorney's submission, being by us related to his Majesty, sounded well, and he seemed somewhat satisfied therewith: yet it being sent for under Mr. Attorney's haud and looked into, it was found such as stands not with his honour to accept : for that there is a passage in it as if the King begged a submission from him, being formerly asked by his Majesty whether he would defend himself or submit to his mercy: whereby he implied as if there had been some covert promise; which is false. And he leaves not his fault great enough for this Court to censure; so as it were needless to show mercy where there is

no

cause of judgment. And God forbid I should live to

1 "As your son and pupil, I desire to lay in your bosom my new-born child. Otherwise I should hold it for a thing exposed. Let it not trouble you that the way is new; for in the revolutions of time such things must needs be. Nevertheless the ancients retain their proper honour-that is, of wit and understanding; for faith is due only to the Word of God and to Experience. Now to bring the sciences back to experience is not permitted; but to grow them anew out of experience, though laborious, is practicable. May God bless you and your studies.

Your most loving son."

1620.]

TRIAL OF YELVERTON.

137

punish errors in judgment, credulity, or faults crept in by error, not ushered in by consent. He says also he was resolved to submit, notwithstanding there was life and freedom in his defence, and a way left open by his Counsel to avoid censure: which being thus (my Lords) it is not the King's grace to remit, but Mr. Attorney's grace to the King to submit.

2

2. The second ground is that, were the submission never so full, yet is it extra judicium. And Mr. Attorney doth rather justify himself; for he says he does not think there is anything in the charter that is not in effect in his warrant.

3. Lastly, his Majesty will not begin an example to interpose between hearing and judgment. But he bars none to inform him afterwards of his submissness either for matter or manner of favour: for mercy in its due place doth not cross but adorn justice.

Now proceed."

Then follows a report of the arguments and the judgments of the several Lords in order; into which (except Bacon's, which comes last) I need not enter; though as bearing upon the question of the character and composition of the Court, it may be worth while to add their names and offices, viz. Sir Edward Coke, late Lord Chief Justice; Sir Fulke Greville, Chancellor of the Exchequer; Sir Harry Hubbert, Chief Justice of the Common Pleas; Sir Julius Cæsar, Master of the Rolls; Sir Henry Montague, Chief Justice of the King's Bench; Secretary Calvert; Sir Thomas Edmunds, Treasurer of the Household; Dr. Andrewes, Bishop of Winchester; Earl of Arundel; Earl of Pembroke, Lord Chamberlain; Dr. Abbot, Archbishop of Canterbury; Lord Verulam, Lord Chancellor. Sir Edward Coke had to give his sentence first, and proposed a fine of 60007. 3 but the rest were content with 40007. and Bacons ' speech in conclusion is thus given by the same reporter-though apparently not with the same accuracy. It had been a long day's work; and it is not to be wondered at if the attention or the hand could not follow so well.

1 "I mistook many things, I was improvident in some things, and too credulous in all things." Yelverton's Speech to the Lords. S. P. Dom. vol. exvii, no. 35. "Though there was offered unto me and my counsel such a way of defence, as I might have escaped, yet I protest I did reject it because I would not distrust his Majesty's mercy." 99 Ib.

3 S. P. Dom. vol. cxvii, no. 76.

SPEECH IN STAR CHAMBER, 10 NOVEMBER, 1620.

I clear the Recorder, and commend the City's discretion. The sentence rests on Mr. Attorney, of whom I shall tell you what my heart tells me,- that I am heartily sorry for him. He was one that served with me when I was attorney, and gave me many respects in my place, and I observed him then to be a man of great integrity and excellent judgment. His offence is great, and I am sorry for it. I will only deliver an observation or two, and so end. [First I observe] the danger and the consequence of his offence. For if the King's counsel be suffered to practise by multiplication on their warrant, the crown will be undone in a short time. The Signet, Privy Seal, Great Seal, all these follow the Attorney's hand.1 My Lord Chief Justice told of a fault in a Chancellor that was too forward to put to the Great Seal: But it is a greater in the Attorney that leads it. The Lord Chancellor deceased, when a strange pardon was brought him, gave this answer: if I should set the seal to this pardon, the next suit I would make to the King shall be to crave a pardon for myself. My Lords, because I take greater pleasure to admonish than punish, and because the lessons of this Court are as censures and judgments to others, I will give others that counsel which I received from the observation of the place. If a warrant be doubtful or too short, let him forbear to do anything upon it. But let him never take hold of a verbal warrant, nor of a pieced warrant, some made at one time, some at another; but let him cause them to make a fair warrant de novo. For the docket, let him deal fairly therein, and if he think the King will startle at anything, let him not smooth it. And be sure to involve nothing in general but matter of course. Nor to relate to the warrant, for that sometimes passes from the King upon credit, but the docket upon judgment: for the King always reads that. Much of the life blood of the crown breathes or beats in this vein. Nor is it fit for the attorney to move suits or tell others how to draw warrants. But I advise all suitors not to make a suit of two pieces, nor after they have moved one thing to slide into another; for this day may teach

1 So. in MS. But a clause must have dropped out. "All these follow [the King's hand: the Attorney's docket leads the King's] hand." See above, P. 134.