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For suffering his deputies and lieutenants in Bretagne to exact upon the towns and countries there divers sums of money, to the sum of 150,000 crowns.

For sharing with Rich. Lyons in his deceits of the King.

For enlarging, by his own authority, divers spies and felons; and divers other exorbitant offences.

Notwithstanding all this, his judgment was only to be committed to the Marshalsea, and to make Fine and Ransom at the King's will.

But after, at the suit of the Commons, in regard of those horrible and treasonable offences, he was displaced from his offices, and disabled to be of the King's council; but his honours not touched. And he was presently bailed by some of the Lords, and suffered to go at large.

50 Edw. 3.

JOHN LO. NEVILLE'S CASE.

His offences were, The not supplying the full number of the soldiers in Bretagne, according to the allowance of the King's pay. And the second was for buying certain debts, due from the King, to his own lucre, and giving the parties small recompence; and specially in a case of the lady Ravensholme.

And it was prayed by the Commons that he might be put out of office about the King. But there was no judgment given upon that prayer, but only of restitution to the lady, and a general clause of being punished according to his demerits.

Among these cases that of Sir William Thorpe seems to be most in point. But he was Lord Chief Justice, and I have already pointed out the difference which the law had left between a Justice and a Chancellor in the matter of receiving gifts. It had bound the one, but not the other, by a carefully worded oath, to take none. That the distinction was a material one in the eyes of a lawyer, I infer from Coke's commentary upon Fortescue's definition of Bribery (which he takes for his text), the most material words of which he represents as "warranted "-not by any act of Parliament or judicial decision or received doctrine of common law-but "by the oath ": and from his remark that Bribery, though only a misprision, is " a great misprision for that it is ever accompanied with perjury.”1 the difference came by accident and oversight, a court of law was not

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1 Inst. part 3, ch. 68.

Even if

1621.] PREPARATION FOR AN INTERVIEW WITH THE KING. 235

competent to remove it, and was bound to take it into account while it remained. But if the judgment in Thorpe's case was guarded with a special proviso that it should "not be drawn into example against any that had not taken the like oath," the difference could no longer be regarded as an oversight; being then deliberately recognized and allowed, and not removed by any amendment after. And if Bacon had thought it right to defend himself, it is easy to see how strong an argument in his own favour he might have extracted out of that precedent.

But before he decided what to do he desired to see and speak with the King: who after some hesitation, and consultation with those of his Council who were members of the Upper House, consented to admit him to a private interview the day before the Houses met again. Of the substance of what passed at this interview, which has been much misunderstood, and is important, we are fortunate in having unusually good means of judging,-Bacon's own notes of what he intended to say; the Lord Treasurer's report to the Lords of what he did say-which was of course the King's report; and a letter from Bacon to the King, written a few days after, reminding him of what he had said: which being all quite consistent with each other, it is not necessary to resort on this occasion to the reminiscences of Thomas Bushel, writing at 58 of things which happened when he was 18, and which then he could only have known by report. I have already disposed of them more conveniently by referring them to a similar occasion which had happened some weeks before1-a mistake easily made at that distance. But at any rate there is no room for them here: for they do not fit with what we know on better authority.

Of Bacon's notes of what he meant to say, two versions were found among his papers-of which I place first that which seems to have been first written. .

[NOTE PREPARED FOR AN INTERVIEW WITH THE KING.]2 There be three degrees or cases of bribery charged or supposed in a judge:

1. The first, of bargain or contract for reward to pervert justice, pendente lite.

2. The second, where the Judge conceives the cause to be at an end by the information of the party, or otherwise, and useth not such diligence as he ought to inquire of it. 1 Above, p. 199.

2 Gibson Papers, vol. viii. f. 146. Draft in Meautys's hand, probably written to dictation.

3. And the third, when the cause is really ended, and it is sine fraude without relation to any precedent promise. Now if I might see the particulars of my charge, I should deal plainly with your Majesty, in whether of these degrees every particular case falls.

But for the first of them, I take myself to be as innocent as any born upon St. Innocents day, in my heart.1

For the second, I doubt in some particulars I may be faulty. And for the last, I conceived it to be no fault, but therein I desire to be better informed, that I may be twice penitent, once for the fact, and again for the error. For I had rather be a briber, than a defender of bribes.

I must likewise confess to your Majesty that at new-years tides and likewise at my first coming in (which was as it were my wedding), I did not so precisely as perhaps I ought examine whether those that presented me had causes before me, yea or

no.

And this is simply all that I can say for the present concerning my charge, until I may receive it more particularly. And all this while, I do not fly to that, as to say, that these things are vitia temporis, and not vitia hominis.

For my fortune, summa summarum with me is, that I may not be made altogether unprofitable to do your Majesty service or honour. If your Majesty continue me as I am, I hope I shall be a new man, and shall reform things out of feeling, more than another can do out of example. If I cast part of my burden, I shall be more strong and delivré to bear the rest. And, to tell your Majesty what my thoughts run upon, I think of writing a story of England, and of re-compiling of your laws into a better digest.

But to conclude, I most humbly pray your Majesty's direction and advice. For as your Majesty hath used to give me the attribute of care of your business, so I must now cast the care of myself upon God and you.

The other sheet of notes I take to be the beginning of an improved version of these, but not carried beyond the four opening

1 The following sentence is crossed out " And yet perhaps in some two or three of them the proofs may stand pregnant to the contrary."

1621.] WHAT HE MEANT TO SAY TO THE KING.

237

paragraphs for which it may be considered as a substitution; the remainder of the last paper (from "Now if I might see") being to be added to make it complete.

MEMORANDA OF WHAT THE LORD CHANCELLOR INTENDED ΤΟ DELIVER TO THE KING, APRIL 16, 1621, upon HIS FIRST ACCESS TO HIS MAJESTY AFTER HIS TROUBLES.1

That howsoever it goeth with me, I think myself infinitely bound to his Majesty for admitting me to touch the hem of his garment. And that, according to my faith, so be it unto me.

That I ought also humbly to thank his Majesty for that, in that excellent speech of his which is printed, that speech of so great maturity, wherein the elements are so well mingled, by kindling of affection, by washing away aspersion, by establishing of opinion, and yet giving way to opinion, I do find some passages which I construe to my advantage.

And lastly, I have heard from my friends that notwithstanding these waves of information, his Majesty mentions my name with grace and favour.

In next place, I am to make an oblation of myself into his Majesty's hands: That as I wrote to him, I am as clay in his hands, his Majesty may make a vessel of honour or dishonour of me, as I find favour in his eyes, and that I submit myself wholly to his grace and mercy, and to be governed both in my cause and fortunes by his direction: knowing that his heart is inscrutable for good. Only I may express myself thus far, That my desire is that the thread or line of my life may be no longer than the thread or line of my service: I mean that I may be of use to your Majesty in one kind or another.

Now for any further speech, I would humbly pray his Majesty, that whatsoever the law of nature shall teach me to speak for my own preservation, your Majesty will understand it to be in such sort as I do nevertheless depend wholly upon your will and pleasure. And under this submission, if your Majesty will graciously give me the hearing, I will open my heart unto you, both touching my fault, and fortune.

1 Gibson Papers, vol. viii. f. 146. Draught in Meautys's hand. Docketed, "April 16, 1621. Memo. Rex. Upon my Lord's first access to the King after his troubles."

For the former of these, I shall deal ingenuously with your Majesty, without seeking fig-leaves or subterfuges.

There be three degrees or cases (as I conceive) of gifts and rewards given to a Judge:

The first is, of bargain, contract, or promise of reward, pendente lite. And this is properly called venalis sententia, or baratria, or corruptele munerum. And of this my heart tells me I am innocent; that I had no bribe or reward in my eye or thought, when I pronounced any sentence or order.

The second is, A neglect in the Judge to inform himself whether the cause be fully at an end or no, what time he receives the gift; but takes it upon the credit of the party, that all is done; or otherwise omits to enquire.

And the third is, when it is received sine fraude, after the cause ended; which, it seems by the opinion of the civilians, is no offence. Look into the case of simony, etc.

Of this interview and the result of it the Lords were duly informed the next day by the Lord Treasurer: from whose report we learn very distinctly the position taken both by Bacon and the King in the matter, at this stage of the proceeding.

The Lord Treasurer signified, that in the interim of this cessation, the Lord Chancellor was an humble suitor unto his Majesty, that he might see his Majesty and speak with him; and although his Majesty, in respect of the Lord Chancellor's person, and of the place he holds, might have given his Lordship that favour, yet, for that his Lordship is under the trial of this House, his Majesty would not on the sudden grant it.

That, on Sunday last, the King calling all the Lords of this House which were of his Council before him, it pleased his Majesty to shew their Lordships what was desired by the Lord Chancellor, demanding their Lordships advice therein.

The Lords did not presume to advise his Majesty; for that his Majesty did suddenly propound such a course as all the world could not advise a better; which was, that his Majesty would speak with him privately.

That yesterday, his Majesty admitting the Lord Chancellor to his presence, his Lordship desired that he might have a particular of those matters wherewith he is charged before the Lords of this House; for that it was not possible for him, who past so many orders and decrees in a year; to remember all things that fell out in them; and that, this being granted, his Lordship would desire two requests of his Majesty. 1. That, where his answers should be fair and clear to those things objected against him, his Lordship might stand upon his innocency. 2. Where his answer should not be so fair and clear, there his Lordship might be admitted to

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