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towards me, there is much more in my present | which your sacred hand hath been so oft for new misery than in my past services; save that the same your majesty's goodness, that may give relief to the one, may give value to the other.

And, indeed, if it may please your majesty, this theme of my misery is so plentiful, as it need not be coupled with any thing else. I have been somebody, by your majesty's singular and undeserved favour, even the prime officer of your kingdom. Your majesty's arm hath been often over mine in council, when you presided at the table, so near I was. I have borne your majesty's image in metal, much more in heart. I was never, in nineteen years' service, chidden by your majesty, but, contrariwise, often overjoyed, when your majesty would sometimes say; "I was a good husband for you, though none for myself;" sometimes, “That I had a way to deal in business, 'suavibus modis,' which was the way which was most according to your own heart;" and other most gracious speeches of affection and trust, which I feed on till this day. But why should I speak of these things, which are now vanished, but only the better to express my downfall.

ornaments and additions. Unto this degree of compassion, I hope God above (of whose mercy towards me, both in my prosperity, and adversity, I have had great testimonies and pledges, though mine own manifold and wretched unthankfulness might have averted them) will dispose your princely heart, already prepared to all piety. And why should I not think, but that thrice noble prince, who would have pulled me out of the fire of a sentence, will help to pull me (if I may use that homely phrase) out of the mire of an abject and sordid condition in my last days? And that excellent favourite of yours (the goodness of whose nature contendeth with the greatness of his fortune, and who counteth it a prize, a second prize, to be a good friend, after that prize which he carrieth to be a good servant) will kiss your hands with joy, for any work of piety you shall do for me? And as all commiserating persons (specially such as find their hearts void of malice) are apt to think, that all men pity them; I assure myself, that the lords of the council (who out of their wisdom and nobleness cannot but be sensible For now it is thus with me; I am a year and a of human events) will, in this way which I go half old in misery, though (I must ever acknow- for the relief of my estate, further and advance ledge) not without some mixture of your majesty's your majesty's goodness towards me. For there grace and mercy. For I do not think it possible, is a kind of fraternity between great men that are, that any you once loved should be totally mise- and those that have been, being but the several rable. My own means, through mine own impro- tenses of one verb; nay, I do farther presume, vidence, are poor and weak, little better than my that both Houses of Parliament will love their father left me. The poor things which I have justice the better if it end not in my ruin. had from your majesty, are either in question, or have been often told by many of my lords, (as it at courtesy: my dignities remain marks of your were, in excusing the severity of the sentence,) past favour, but yet burdens withal of my present that they knew they left me in good hands. And fortune. The poor remnants which I had of my your majesty knoweth well, I have been all my former fortunes, in plate or jewels, I have spread life long acceptable to those assemblies, not by upon poor men, unto whom I owed, scarce leaving flattery, but by moderation, and by honest expressmyself bread. So as, to conclude, I must pouring of a desire to have all things go fairly and out my misery before your majesty, so far as to well. say, “Si deseris tu, perimus."

For I

But (if it may please your majesty) for saints, I shall give them reverence, but no adoration. My address is to your majesty, the fountain of goodness: your majesty shall, by the grace of God, not feel that in gift, which I shall extremely feel in help; for my desires are moderate, and my courses measured to a life orderly and reserved; hoping still to do your majesty honour in my way. Only I most humbly beseech your majesty, to give me leave to conclude with those words which necessity speaketh; help me, dear sovereign lord and master, and pity me so far, as I, that have borne a bag, be not now, in my age, forced in effect, to bear a wallet; nor I, that desire to live to study, may not be driven to study to live. I most humbly crave pardon of a long letter, after a long silence. God of heaven ever bless, preserve, and prosper your majesty.

But as I can offer to your majesty's compassion, little arising from myself to move you, except it be my extreme misery, which I have truly laid open; so looking up to your majesty yourself, I should think I committed Cain's fault, if I should despair: your majesty is a king, whose heart is as unscrutable, for secret motions of goodness, as for depth of wisdom. You are creator-like, factive, and not destructive; you are a prince in whom I have ever noted an aversion against any thing that savoured of a hard heart; as, on the other side, your princely eye was wont to meet with any motion that was made on the relieving part. Therefore, as one that hath had happiness to know your majesty near hand I have (most gracious sovereign) faith enough for a miracle, much more for a grace: that your majesty will not suffer your poor creature to be utterly defaced, nor blot that name quite out of your book, upon | man, VOL. III.-3

Your majesty's poor ancient servan and beads-
FR. ST. ALBan.

B 2

SIR FRANCIS BACON, THE KING'S ATTORNEY, RETURNED WITH POSTILS, OF THE KING'S 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 present them to your royal judgment, that in this action, which hath been carried with so great prudence, justice, and clemency, there may be (for that which remaineth) as little surprise as is possible, but that things duly foreseen may have their remedies and directions in readiness; wherein I cannot forget what the poet Martial saith; "O! quantum est subitis cassibus ingenium!" signifying, that accident is many times more subtle than foresight, and overreacheth expectation: and, besides, I know very well the meanness of my own judgment, in comprehending or forecasting what may follow.

It was your majesty's pleasure also, that I should couple the suppositions with my opinion. in every of them, which is a harder task; but yet your majesty's commandment requireth my obedience, and your trust giveth me assurance.

I will put the case which I wish; that Somerset should make a clear confession of his of fences, before he

be produced to

In this case, it seemeth your majesty will have a new consult. The points whereof will be (1) Whether your majesty will stay the trial, and so save them both from the stage, and that public ignominy. Or (2) Whether you will (or may fitly by law) have the trial proceed, and stay or reprieve the judgment, which saveth the lands from forfeiture, and the blood from corruption. Or (3) Whether you will have both trial and judgment proceed, and save the blood only, not from corrupting, but from

trial. REX. I say with Apollo, "Me dia tutius itur," if it may stand with law; and if it cannot, when I shall hear that he con- spilling.

fesseth, I am

to make choice

of the first, or the last.

These be the depths of your majesty's mercy which I may not enter into; but for honour and reputation, they have these grounds:

That the blood of Overbury is
already revenged by divers
executions.
That confession and penitency
are the footstools of mercy,
adding this circumstance
likewise, that the former

offenders did none of them make a clear confession. That the great downfall of so great persons carrieth, in itself, a heavy punishment, and a kind of civil death, although their lives should not be taken.

All which may satisfy honour, for sparing their lives.

But, if your majesty's mercy should extend to the first degree, which is the highest, of sparing the stage and the trial; then three things are to be considered. REX. This ar

ticle cannot be mended in point thereof.

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First, That they make such a submission or deprecation, as they prostrate themselves, and all that they have, at your majesty's feet, imploring your

mercy.

Secondly, That your majesty, in your own wisdom, do advise what course you will take, for the utter extinguishing of all hope of resuscitating of their fortunes and favour; whereof if there should be the least conceit, it will leave in men a great deal of envy and discontent.

And, lastly, Whether your majesty will not suffer it to be thought abroad, that there is a cause of farther examination of Somerset, concerning matters of estate, after he shall begin once to be a confessant; and so make as well a politic ground, as a ground of clemency, for farther stay.

And for the second degree of proceeding to trial, and staying judgment, I must better inform myself by precedents, and advise with my lord chancellor.

The second In this case, first, I suppose case is, if that your majesty will not think of fall out which is any stay of judgment, but that likest (as things the public process of justice stand, and which pass on. weexpect) which is, that the lady confess and that Somerset himself plead not guilty, and be found guilty. REX. If stay of judgment can stand with the

Secondly, for your mercy to be extended to both, for pardon of their execution, I have partly touched, in the considerations applied to the former case; whereunto may be added, that as there is ground of mercy for her, upon her peni tency and free confession, and will be much more upon his

law, I would even wish it in this case; in all the rest this article cannot be mended.

REX. That dan

ger is well to ger is well to be foreseen, lest he upon the one part commit unpardonable errors,

finding guilty, because the malice on his part will be thought the deeper source of the offence; so there will be ground for mercy, on his part, upon the nature of the proof, because it rests chiefly upon presumptions. For, certainly, there may be an evidence so balanced, as it may have sufficient matter for the conscience of the peers to convict him, and yet leave sufficient matter in the conscience of a king, upon the same evidence, to pardon his life; because the peers are astringed by necessity, either to acquit or condemn; but grace is free. And for my part, I think the evidence in this present case will be of such a nature.

Thirdly, It shall be my care so to moderate the manner of charging him, as it might make him not odious beyond the extent of mercy.

Lastly, all these points of mercy and favour, are to be mercy and favour, are to be understood with this limitation, if he do not, by his contemptuous and insolent carriage at the bar, make himself incapable and unworthy of

and I on the them.

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In this case, I should think fit, that, as in public, both myself and chiefly my lord chancellor, (sitting then as Lord Steward of England) should dehort and deter him from that

desperation; so, nevertheless,

be very sorry
should happen;
but, it is a future
contingent, that
is, if the peers
should acquit
him, and find
him not guilty.

seen (as I conceive it) that there should be any rejecting of the verdict, or any respiting of the judgment of the acquittal; so, on the other side, this case requireth, that because there be many high and henious offences (though not capital,) for which he may be questioned in the Star ChamREX. This is so ber, or otherwise, that there also. be some touch of that in general, at the conclusion, by my Lord Steward of England. And, that, therefore, he be remanded to the Tower, as close prisoner.

For matter of examination, or other proceedings, my lord chancellor, with my advice, hath set down

To-morrow, being Monday, for the re-examination of the lady.

Wednesday next, for the meeting of the judges, concerning the evidence.

Thursday, for the examination of Somerset himself, according to your majesty's instructions.

Which three parts, when they shall be performed, I will give your majesty advertisement with speed, and in the mean time be glad to receive from your majesty (whom it is my part to inform truly) such directions, or significations of your pleasure, as this advertisement may induce, and that with speed, because the time cometh on. Well remembering who is the person, whom your majesty admitted to this secret; I have sent this letter open unto him, that he may take your majesty's times to report it, or show it unto you, assuring myself that nothing is more firm than his trust, tried to your majesty's commandments;

Your majesty's most humble and most bounden subject and servant.

April 28, 1616.

that as much should be done SIR FRANCIS BACON, THE KING'S ATTORNEY

for him, as was done for Weston, which was to adjourn the court for some days, upon a Christian ground, that he may have time to turn from that mind of destroying himself; during which time your majesty's farther pleasure may be known.

In this case, the lord steward must be provided what to do. For, as it hath been never

GENERAL, TO THE MASTER OF THE HORSE, UPON THE SENDING OF HIS BILL FOR VISCOUNT, SC.

SIR,

I send you the bill for his majesty's signature, reformed according to his majesty's amendments, both in the two places (which I assure you, were altered with great judgment) and in the third place, which his majesty termed a question only. But he is an idle body, that thinketh his majesty asketh an idle question; and therefore his majesty's questions are to be answered, by taking away the cause of the question, and not by replying.

For the name, his majesty's will is a law in | but you may think your private fortunes establishthose things; and to speak the truth, it is a well-ed; and therefore it is now time, that you should sounding, and noble name, both here and abroad: and being your proper name, I will take it for a good sign, that you shall give honour to your dignity, and not your dignity to you. Therefore I have made it Viscount Villiers, and for your barony, I will keep it for an earldom: for though the other had been more orderly, yet that is as usual, and both alike good in law.

For Roper's place, I would have it by all means despatched; and therefore I marvel it lingereth. It were no good manners, to take the business out of my lord treasurer's hands, and therefore I purpose to write to his lordship, if I hear not from him first, by Mr. Deckome; but if I hear of any delay, you will give me leave (especially since the king named me) to deal with Sir Joseph Roper myself; for neither I, nor my lord treasurers can deserve any great thanks in this business of yours, considering the king hath spoken to Sir Joseph Roper, and he hath promised; and, besides, the thing itself is so reasonable, as it ought to be as soon done as said. I am now gotten into the country to my house, where I have some little liberty, to think of that I would think of, and not of that which other men hourly break their head withal, as it was at London. Upon this you may conclude, that most of my thoughts are to his majesty, and then you cannot be far off. God ever keep you, and prosper you: I rest always,

Your true and most dutiful servant. The 5th of August, one of the happiest days.

SIR FRANCIS BACON TO SIR GEORGE VILLIERS, UPON THE SENDING HIS PATENT FOR VISCOUNT

VILLIERS TO BE SIGNED.

SIR,

I have sent you now your patent, creation of Lord Bletchly of Bletchly, and of Viscount Villiers. Bletchly is your own, and I liked the sound of the name better than Whaddon; but the name will be hid, for you will be called Viscount Villiers. I have put them in a patent, after the manner of the patent for earls, where baronies are

refer your actions to the good of your sovereign, and your country. It is the life of an ox or beast always to eat, and never exercise; but men are borr (and especially Christian men) not to cram in their fortunes, but to exercise their virtues; and yet the other hath been unworthy, and (thanks be to God) sometimes unlucky humour of great persons in our times. Neither will your future fortune be the farther off; for assure yourself, that fortune is of a woman's nature, and will sooner follow by slighting, than by too much wooing. And in this dedication of yourself to the public, I recommend unto you principally, that which I think, was never done since I was born; and which, because it is not done, hath bred almost a wilderness and solitude in the king's service; which is, that you countenance, and encourage, and advance able men, in all kinds, degrees, and professions. For in the time of the Cecils, the father and the son, able men were by design and of purpose suppressed: and though, of late, choice goeth better, both in church and commonwealth, yet money and turn-serving, and cunning canvasses and importunity, prevaileth too much. And in places of moment, rather make able and honest inen yours, than advance those that are otherwise, because they are yours. As for cunning and corrupt men, you must (I know) sometimes use them, but keep them at a distance; and let it appear rather, that you make use of them, than that they lead you. Above all depend wholly (next unto God) upon the king, and be ruled (as hitherto you have been) by his instructions, for that is best for yourself. For the king's care and thoughts for you are according to the thoughts of a great king; whereas your thoughts concerning yourself are, and ought to be, according to the thoughts of a modest man. But let me not weary you: the sum is, that you think goodness the best part of greatness, and that you remember whence your rising comes, and make return accordingly. God keep you.

Aug. 12, 1616.

TIFICATE OF MY LORD COKE'S.

Joined; but the chief reason was, because I would SIR FRANCIS BACON TO THE KING, ABOUT A CERavoid double prefaces, which had not been fit; nevertheless, the ceremony of robing, and otherwise, must be double.

And now, because I am in the country, I will send you some of my country fruits, which with me are good meditations; which, when I am in the city, are choked with business.

After that the king shall have watered your new dignities, with the bounty of the lands which he intends you, and that some other things concerning your means, which are now likewise in intention, shall be settled upon you, I do not see,

IT MAY PLEASE YOUR EXCELLENt Majesty,

I send your majesty enclosed, my Lord Coke's answers, I will not call them rescripts, much less oracles. They are of his own hand, and offered to me (as they are) in writing, not required by me to have them set down in writing, though I am glad of it, for my own discharge. I thought it my duty, as soon as I received them, instantly to send them to your majesty, and forbear, for the present, to speak farther of them. I, for my part, (though this Moscovia weather be a little too hard

for my constitution,) was ready to have waited | may say to your lordship, in the confidence of upon your majesty this day, all respects set aside; your poor kinsman, and a man by you advanced, but my lord treasurer, in respect of the season, "in idem fer opem qui spem dedisti:” for I am and much other business, was willing to save me. sure, it was not possible for a man living to have I will only conclude, touching these papers, with received from another more significant and coma text divided; I cannot say " Oportuit hæc fieri," fortable words of hope: your lordship being but I may say, "Finis autem nondum." God pleased to tell me, during the course of my last preserve your majesty. service, that you would raise me, and that, when you are resolved to raise a man, you were more careful of him than himself, and that what you had done for me in my carriage, was a benefit for me, but

Your majesty's most humble and
devoted subject and servant.

Feb. 14, at 12 o'clock.

I humbly pray your majesty, to keep the papers of no use to your lordship; and, therefore, I might safe.

SIR FRANCIS BACON TO MR. TOBY MATTHEWS. MR. MATTHEWS,

you

Do not think me forgetful, or altered towards you: but if I should say, I could do you any good, I should make my power more than it is. I do fear that which I am right sorry for, that grow more impatient and busy than at first, which makes me exceedingly fear the issue of that which seemeth not to stand at a stay. I myself am out of doubt, that you have been miserably abused, when you were first seduced; and that which I take in compassion, others may take in severity. I pray God, that understands us all better than we understand one another, continue you, as I hope he will, at least, within the bounds of loyalty to his majesty, and natural piety to your country. And I entreat you much, to meditate sometimes upon the effect of superstition in this last powdertreason, fit to be tabled and pictured in the chambers of meditation, as another hell above the ground; and well justifying the censure of the heathen, that "Superstition is far worse than Atheism," by how much it is less evil to have no good opinion of God at all, than such as are impious towards his divine majesty and goodness. Good Mr. Matthews, receive yourself back from these courses of perdition. Willing to have written a great deal more, I continue

Your, etc.

FR. BACON.

assure myself, you would not leave me there, with
many like speeches; which I know too well my
duty to take any other hold of, than the hold of a
thankful remembrance: and I know, and all the
world knoweth, that your lordship is no dealer of
holy water, but noble and real; and on my part,
on sure ground, that I have committed nothing
that may
observe you as I would, your lordship will impute
any alteration; and if I cannot
it to my want of experience, which I shall gather
better, when I am once settled.

deserve

And therefore my hope is, your lordship will finish a good work, and consider, that time groweth precious, and that I am now "vergentibus annis:" and although I know your fortune is not to want a hundred such as I am, yet I shall be and to supply, as much as in me lieth, a worthiever ready to give you my best and first fruits, ness by thankfulness.

FR. BACON.

LORD CHANCELLOR BACON TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT Majesty, I dare not presume any more to reply upon your majesty, but reserve my defence till I attend your majesty at your happy retnrn, when I hope verily to approve myself not only a true servant to your majesty, but a true friend to my Lord of Buckingham; and for the times also, I hope to give your majesty a good account, though distance of place may obscure them. But there is one part of your majesty's letter, that I could be sorry to take time to answer; which is, that your majesty conceives, that whereas I wrote that the height of my lord's fortune might make him secure, I mean, that he was turned proud, or unknowing of himself. Surely, the opinion I have ever had of my lord (whereof your majesty is best witness) is far from I am not ignorant how mean a thing I stand for, that. But my meaning was plain and simple, in desiring to come into the solicitor's place: for that his lordship might, through his great fortune, I know well, it is not the thing it hath been, time be the less apt to cast and foresee the unfaithfulhaving wrought an alteration, both in the profes-ness of friends, and the malignity of enemies, and sion, and in that special place. Yet, because I accidents of times. Which is a judgment (your think it will increase my practice, and that it may satisfy my friends, and because I have been voiced to it, I would be glad it were done. Wherein

SIR FRANCIS BACON TO THE EARL OF SALIS-
BURY.

IT MAY PLEASE YOUR GOOD LORDSHIP,

majesty knoweth better than I) that the best authors make of the best, and best tempered spirits "ut sunt res humanæ;" insomuch as Guicci

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