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vating matters very far; for he having there found mention made of the discovery of your Majesty's secrets, of great sums of money bestowed upon your Majesty's principal ministers, of Spanish pensioners, of the selling of my despatches, etc., either conjectured these things to have been absolutely held back from your Majesty, or else, lighting upon them in the prosecution of the business concerning my Lord of Somerset, made a wrong application of them to him, whereas the truth is they had only a reference to times past, and I had formerly at large made your Majesty acquainted with them, and so shall again my Lord Chancellor, as far as your Majesty shall think it fit for your service.

Of all that I am able to say unto your Majesty concerning my Lord of Somerset, both of his careless manner of keeping those papers and secrets committed unto him by your Majesty, as likewise his treating with the Spanish ambassador in the business of the marriage, both without your Majesty's privity, and clear in a contrary manner to that which your Majesty had signified unto me was your pleasure should be held, I have in my former despatches given unto your Majesty a full account. But hereunto it is likely much may be added by the light that may be gathered from Sir R. Cotton, if he may be examined concerning all the particulars in which he was employed by my Lord of Somerset to the Spanish Ambassador; both how far he therein used your Majesty's name, as likewise what hopes and promises were given for the effecting of the said match, and especially whether by my Lord of Somerset's directions he discovered not certain propositions and demands in point of religion, which in great secrecy I had sent unto your Majesty; as likewise, what other advertisement of mine he acquainted the Spanish ambassador withal.'

In consequence of this letter the King directed the Lord Chancellor and Bacon to confer with Dighy as to the points on which Cotton should be examined; and a meeting took place accordingly on the 9th of April; of which the same evening Bacon sent the following report to Villiers :

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A LETTER FROM THE KING'S ATTORNEY TO SIR GEORGE VILLIERS, TOUCHING THE EXAMINATION OF SIR ROBERT COTTON UPON SOME INFORMATION GIVEN BY SIR JOHN DIGBY.2 Sir,

I received your letter yesterday towards the evening, being the 8th of this present, together with the interrogatories included, which his Majesty hath framed, not only with a great deal of judgment what to interrogate, but in a wise and apt order. For I do find that the degrees of questions are of great efficacy in examination. I received also notice and direction by your letter, that Sir Robert Cotton was first throughly to be examined; 1 Gardiner, vol. ii. p. 367. 2 Add. MSS. 5503, f. 91.

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LETTERS AND LIFE OF FRANCIS BACON. [CHAP. VIII. which indeed was a thing most necessary to begin with; and that for that purpose Sir John Digby was to inform my Lord Chancellor of such points as he conceived to be material; and that I likewise should take a full account from my Lord Chief Justice of all Sir Robert Cotton's precedent examinations. It was my part then to take care, that that which his Majesty had so well directed and expressed should be accordingly performed without loss of time.

For which purpose, having soon after the receipt of your letter received a letter from my Lord Chancellor, that he appointed Sir John Digby to be with him at two o'clock in the afternoon as this day, and required my presence, I spent the meantime, being this afternoon,' in receiving the precedent examinations of Sir Robert Cotton from my Lord Chief Justice, and perusing of them; and accordingly attended my Lord Chancellor at the hour appointed, where I found Sir John Digby.

At this meeting it was the endeavour of my Lord Chancellor and myself to take such light from Sir John Digby as might conduce first to the examination of Sir Robert Cotton, and then to the main examination of Somerset. Wherein we found Sir John Digby ready and willing to discover unto us what he knew; and he had also (by the Lord Chancellor's direction) prepared some heads of examination in writing for Sir Robert Cotton; of all which use shall be made for his Majesty's service, as is fit. Howbeit, for so much as did concern the practice of conveying the Prince into Spain, or the Spanish pensions, he was somewhat reserved; upon this ground, that they were things his Majesty. knew, and things which by some former commandment from his Majesty he was restrained to keep in silence, and that he conceived they could no ways be applied to Somerset. Wherefore it was not fit to press him beyond that which he conceived to be his warrant, before we had known his Majesty's further pleasure; which I pray you return unto us with all convenient speed. I for my part am in no appetite for secrets; but nevertheless seeing his Majesty's great trust towards me (wherein I shall never deceive him) and that I find the Chancellor of the same opinion, I do think it were good my Lord Chancellor chiefly and myself

So in MS. The copy printed by Birch (which professes to be taken "from an old manuscript in his possession, entitled, A Book of Letters of Sir Francis Bacon ") has "forenoon," which must apparently be the true reading.

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were made acquainted with the persons and the particulars; not only because it may import his Majesty's service otherwise, but also because to my understanding (for therein I do not much rely upon Sir John Digby's judgment) it may have a great connexion with the examination of Somerset. For I am sure no man was liker to be a pensioner than Somerset, considering his mercenary nature, his great undertaking for Spain in the match, and his favour with his Majesty. And therefore the circumstances of other pensions given cannot but help to discover and examine whether he were a pensioner or no.

But herein no time is lost; for my Lord Chancellor, who is willing even beyond his strength to lose no moment for his Majesty's service, hath appointed me to attend him on Thursday morning for the examination of Sir Robert Cotton, leaving tomorrow for council-business to my Lord and to me for considering of fit articles for Sir Robert Cotton.

This letter has no date in the MS. In Birch's copy it is dated the 10th of April. But as the 10th of April was a Wednesday, and it speaks of the 8th as "yesterday," and of " to-morrow" as coming between Thursday and the day of writing, we may conclude that it was written on the 9th. The examination took place as appointed on Thursday the 11th, and on Saturday Bacon again wrote to report the result and ask for further instructions. Sir William Monson, whose name has not occurred before in connexion with this business, was an old pensioner of Spain, and had been referred to by Digby as the person who could give the best information as to any negotiations which the Spanish ambassador may have had with the Countess of Somerset.1

A LETTER FROM THE KING'S ATTORNEY TO SIR GEorge VilLIERS, CONCERNING THE PROCEEDING WITH SOMERSET. 13o APR. 1616.2

Sir,

I thought it convenient to give his Majesty an account or 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 myself spent Thursday and yesterday, the whole forenoons of both days, in the examination of Sir 1 Gardiner, vol. ii. p. 363. 2 Add. MSS. 5503, f. 89.

Ro. Cotton; whom we find hitherto but empty, save only in the great point of the treaty with Spain.

This examination was taken before his Majesty's warrant came to Mr. Vice-Chamberlain for communicating unto us the secrets of the pensions. Which warrant I receiving yesterday morning being Friday, a meeting was appointed at my Lord Chancellor's in the evening after council. Upon which conference we find matter of further examination for Sir Robert Cotton, of some new articles whereupon to examine Somerset, and of entering into examination of Sir William Mounson.

Whereupon, 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 Majesty's direction, nor agreeable to his intention, that we should proceed. For that will want, which should sweeten the cup of medicine, he being his countryman and friend. Herein then we humbly crave his Majesty's direction with all convenient speed, whether we shall expect the Duke's recovery, or proceed by ourselves; or that his Majesty will think of some other person (qualified according to his Majesty's first intention) to be joined with us. I remember we had speech with his Majesty of my Lord Hay, and I 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 Majesty's pleasure concerning the day. For my Lord Chancellor and I conceived his Majesty to have designed the Monday and Tuesday after St. George's feast; and nevertheless we conceived also, that his Majesty understood it 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 Duke's sickness, and the cause we find of Sir William Mounson's 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 Monday, being the Wednesday and Thursday before Whitsuntide; 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 Majesty's absence from town,) then to take Monday and Tuesday after Trinity Sunday, being the Monday and Tuesday1 before Trinity term.

Now for Sir William Mounson, if it be his Majesty's pleasure that my Lord Chancellor and I shall proceed to the examination of him, (for 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, joined to the information which we have received from Mr. Vice-Chamberlain,3 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 myself attended my Lord Chancellor at his house, for the settling of that scruple which his Majesty most justly conceived in the examination of the Lady Somerset; at which time, resting on his Majesty's opinion that that evidence, as it standeth now uncleared, must secundum leges sana conscientiæ 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 of 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 convict my lord of Somerset, was not grounded upon this part of the evidence now to be omitted, as well as upon the rest: who answered positively, that No; and they never saw the exposition of the letter, but only the letter.

The same Thursday evening, before we entered 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

The words from "after" to "Tuesday phens's copy.

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2 So both in the MS. and in Stephens: but there is evidently something wrong. Instead of "differs we should probably read "presence," or some equivalent word. Stephens inserts "that" after "for," and puts the comma after "differs." 3 Sir John Digby. 4 "Convince" in MS.

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