which is to stay every one whom we see falling, and reduce the errant. What prosperity can there be expected to befall either our King or Nation, when the King shall, haply of ignorance or (as I hope) out of forgetfulness and unheediness, commit so great a sin against his God as is the violating of his great and solemn oath taken at his Coronation, for the maintaining of the laws, liberties, and customs of this noble realm: and his subjects, some for fear, some in pride, some to please others, shall join hands to forward so unhappy an achievement? Can he any way more highly offend the Divine Majesty whom he then invocated? As also can he give to another Hen. 4 if such an one should rise up (which God forbid) a greater advantage? Let his articles put up against R. 2. be looked on, it will appear that the breach of the laws, infringing the liberties, and failing in this his oath, were the main blemishes wherewith he could distain and spot the honour of that good and gentle Prince, who indeed was rather abused by other than of himself mischievously any way disposed.

Secondly, as very irreligiously and uncharitably we help forward the King's Majesty in that grievous sin of perjury, so into what an hellish danger we plunge ourselves, even so many of us as do contribute, is to be learned out of the several curses and sentences of excommunication given out against all such givers, and namely the two following, viz: the great Curse given out the 51 of H. 3. against all breakers of the liberties and customs of the realm of England with their abettors, counsellors, and executioners, wherein by the sentence of Boniface, Archbishop of Canterbury, and the chief part of all the then Bishops of this land, they are ipso facto excommunicated. And that of 25 Ed. I. denounced immediately upon the acts made against such Benevolences, or free grants and impositions, had and taken without common assent: which because it is not so long as that former, I will set down as our books deliver the same.

In the name of the Father, the Son, and the Holy Ghost, Amen. Whereas our Sovereign Lord the King, to the honour of God and of holy church, and for the common profit of the realm, hath granted for him and his heirs for ever these articles above written. Robert Archbishop of Canterbury, Primate of all England, admonished all his province once twice and thrice. Because that shortness will not suffer so much delay as to give knowledge to all the people of England of these presents in writing; We therefore enjoin all persons of what estate soever they be, that they and every of them, as much as in them is, shall uphold and maintain these articles granted by our Sovereign Lord the King in all points. And all those that in any point do resist or break, or in any manner hereafter procure, counsel or in any ways assent to resist or break those ordinances, or go about it by word or deed, openly or privily, by any manner of pretence or colour; we the foresaid Archbishop, by authority in this writing expressed, do excommunicate and accurse and from the body of our Lord Jesus Christ and from the company of Heaven, and from all the sacraments of the Holy Church, do sequester and exclude.

Sir, hearing that tomorrow the Justices will be here about this busy

work of Benevolence, wherein you have both sent unto and talked with me, and thinking that it may be you will deliver up the names of the not givers; Forasmuch as I think I shall be scarcely at home to make my further answer, if I should be called for, I pray you both hereby to understand my mind yourself, and if cause so require, to let the Justices perceive as much. So leaving others to their own consciences, whereby in that last dreadful day they shall stand or fall before him who will reward every man according to his deeds, I commend you unto the grace of the Almighty, and rest

Your loving neighbour and friend,
OLIVER ST. JOHN.1

Whatever may be thought of the arguments in this letter,—and it seems to me that if good for anything they are good to prove that a Queen's letter in aid of a Church collection is a violation of the coronation oath, and every member of the congregation an accessary who contributes,—it will not be disputed that it more than fulfilled Bacon's description of an offence deserving severe punishment. It was at least a deliberate attempt to "dissuade, defeat and divert” the disposition of the King's subjects to contribute. But it was more than this. In arguing that the proceeding was contrary to Magna Charta, the writer might be merely stating his own reason for refusing to give any thing himself. But in declaring in express terms that the King was ipso facto guilty of perjury—the highest offence against God; that for such acts Richard II. lost his crown; and that every subject who should lend his help would be accessary to the King's sin and in danger of excommunication, he surely committed what even at this day, in a case between one subject and another involving money, would be called an actionable offence. What it must have seemed in those days to those against whom it was committed, we may best conceive by imagining a like imputation cast upon the House of Commons, and calling to mind the cases of Dr. Cowell and the two Bishops. And certainly if any attempt was to be made for the preservation of reasonable decorum and the common forms of respect in the demeanour of the subject to the sovereign, and if there was any Court in the land legally authorized to take notice of gross breaches of the same, I do not myself see how such a case as this could have been properly passed over. The Star Chamber was such a Court. And about the end of 1614 or beginning of 1615, Oliver St. John was sent for, and order given to bring his case before that tribunal.

1 S. P. Dom. James I. vol. lxxviii. no. 23.

2 "There is a gentleman of Wiltshire commonly called the black Oliver St. John, committed for writing a letter to the town of Marlborough (where he was a neighbour), wherein he dissuaded them from giving any benevolence." Chamberlain to Carleton, 5 Jan. 1614-5.

The cause, which had been appointed for the 10th of February, was put off (as we have seen) in consequence of the illness of the Lord Chancellor, till the beginning of the next term, in which Friday the 28th of April was the first Star Chamber day. On the 29th, Bacon reported the result to the King in the following letter, the original of which may now be seen in the British Museum, set out for inspection among the autographs of distinguished persons. The heading which I have inserted is taken from the docket of the copy preserved at Lambeth, which is in Bacon's own hand.

A LETTER TO THE KING REPORTING THE DAY OF HEARING OF ST. JOHN'S CAUSE IN THE STAR CHAMBER. 29 APR. 1615.

It may please your excellent Majesty,

St. John's day is past and well past; I hold it to be Janus bifrons; It hath a good aspect to that which is past, and to the future; and doth both satisfy and prepare. All did well; my Lord Chief Justice delivered the law for the benevolence strongly; I would he had done it timely. Mr. Chancellor of the Exchequer spake finely, somewhat after the manner of my late Lord Privy Seal; not all out so sharply, but as elegantly. Sir Thomas Lake (who is also new in that Court) did very well, familiarly and counsellor-like. My Lord of Pembroke (who is likewise a stranger there) did extraordinary well, and became himself well, and had an evident applause.

I meant well also; and because my information was the ground, having spoken out of a few heads which I had gathered (for I seldom do more), I set down as soon as I came home cursorily a frame of that I said; though I persuade myself I spake it with more life. I have sent it to Mr. Murray sealed; if your Majesty have so much idle time as to look upon it, it may give some light of the day's work: but I most humbly pray your Majesty to pardon the errors. God preserve you ever. I rest Your Majesty's most humble subject

and devoted servant,

FR. BACON.

The sentence was perpetual imprisonment, £5000 fine, and recognition of his offence in all the Courts at Westminster.

1 Gibson Papers, vol. viii. f. 19.

Of the report of Bacon's speech which accompanied this letter, I have not succeeded in finding either the original or any contemporary copy. It was printed by Rawley in the Resuscitatio, but with the names and localities disguised. For the name St. John, "I. S.” is substituted: for Marlborough, "the town of A.": for Wiltshire, "D-shire"; the object, I suppose, being to spare the feelings of the family, and not bring their name upon the stage in connexion with a transaction which was not then considered creditable. The disappearance of the manuscript may perhaps be accounted for in the same way. If it came into the hands of any of the St. John race, they would naturally wish to keep it out of sight. Since Rawley had a copy, it is probable that Bacon meant it to be included in the collection of his speeches, as being part of the history of the time, and a real vindication of the Government in a proceeding unjustly traduced. But as the value of it did not depend in any degree upon the name of the person by whom the offence had been committed, he might naturally-out of consideration for black Oliver's relatives, who continued to flourish in honour and loyalty, or even for black Oliver himself, as one who had repaired his fault as far as it could be repaired by public recantation and submission, and had also obtained leave upon earnest and formal petition to have the record of his punishment cancelled,-consent to remove from it whatever tended to identify the man or point attention to him. In another case, which occurred not long after, the same precaution has been taken, no doubt for a similar reason. A charge in the Star Chamber against Mr. Lumsden, Sir John Wentworth, and Sir John Hollis, appears in the Resuscitatio as against M. L. S. W. and H. I. The individual offenders had undergone their censure and received their pardon; nothing of interest to history turned upon their names; the offence was the same whether committed by A., B., C., or D., and the speech was against the offence.

THE CHARGE GIVEN BY SIR FRANCIS BACON, HIS MAJESTY'S ATTORNEY GENERAL, AGAINST MR. I. S., FOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS LETTERS SENT FROM THE LORDS OF THE COUNCIL TOUCHING THE BENEVOLENCE.1

My Lords,

I shall inform you, ore tenus, against this gentleman Mr. I. S. A gentleman (as it seems) of an ancient house and name; but 1 Rawley's Resuscitatio, p. 60.

for the present I can think of him by no other name than the name of a great offender. The nature and quality of his offence, in sum, is this. This gentleman hath, upon advice, not suddenly; by his pen, not by the slip of his tongue; not privately, or in a corner, but publicly, as it were, to the face of the King's ministers and justices; slandered and traduced the King our Sovereign; the Law of the land; the Parliament; and infinite particulars of his Majesty's worthy and loving subjects. Nay the slander is of that nature, that it may seem to interest the people in grief and discontent against the State; whence mought have ensued matter of murmur and sedition. So that it is not a simple slander, but a seditious slander; like to that the poet speaketh of Calamosque armare veneno. A venomous dart that hath both iron and poison.

To open to your Lordships the true state of this offence, I will set before you, first the occasion whereupon Mr. I. S. wrought: then the offence itself in his own words: and lastly, the points of his charge.

My Lords, you may remember that there was the last parliament an expectation to have had the King supplied with treasure, although the event failed. Herein it is not fit for me to give opinion of an house of parliament, but I will give testimony of truth in all places. I served in the Lower House, and I observed somewhat. This I do affirm, that I never could perceive but that there was in that House a general disposition to give, and to give largely. The clocks in the House perchance might differ; some went too fast, some went too slow; but the disposition to give was general: so that I think I may truly say, solo tempore lapsus amor.

This accident happening thus besides expectation, it stirred up and awaked in divers of his Majesty's worthy servants and subjects of the Clergy, the Nobility, the Court, and others here near at hand, an affection loving and chearful, to present the King some with plate, some with money, as a free-will offering, (a thing that God Almighty loves, a chearful giver : what an evil eye doth I know not). And, (my Lords,) let me speak it plainly unto you: God forbid any body should be so wretched as to think that the obligation of love and duty from the subject to

2 The printed copy has "not suddenly, by his Pen; nor by the slip of his Tongue."