of his Majesty's state of revenue; where my Lord Chief Justice made some relation of his collections which he had made of that kind; of which I will only say this, that I heard nothing that was new to me; and I found my Lord Chancellor in divers particulars more ready than I had found him. We grew to a distribution both of times and of matters. For we agreed what to begin with presently, and what should follow; and also we had consideration what was to be holpen by law, what by equity, and what by parliament. Wherein I must confess, that in the last of these (of which my Lord Chief Justice made most account) I make most doubt. But the conclusion was, That upon this entrance I should advise and confer at large with my Lord Chief Justice, and set things in work. The particulars I refer till his Majesty's coming.

The Learned Counsel have attended me now twice at my chamber, to confer upon that which his Majesty gave us in commandment for our opinion upon the case set down by my Lord Chancellor, whether the statutes extend to it. Whereupon we are more and more edified and confirmed that they do not, and shall shortly send our report to his Majesty.

Sir, I hope you will bear me witness I have not been idle; but all is nothing to the duty I owe his Majesty for his singular favours past and present; supplying all with love and prayers, I rest,

Your true friend and devoted servant.

The passage in the last paragraph but three of this letter, about the re-examination of my Lady Somerset, may require explanation. While Overbury was in the Tower, the Countess (then Lady Essex) had written a letter to the Lieutenant, cautioning him as to the disposal of certain tarts, and one sentence ran thus: "If he should send this tart and jelly and wine to your wife, then you must take the tart from her, and the jelly, but the wine she may drink it if she will, for in that there are no letters, I know: but in the tart and jelly I know there is," etc. The word "letters" was known to be jargon for "poison." But who was "he"? If "he" was meant for Somerset (then Rochester), it was a strong piece of evidence against him for it was good proof that the Countess at that time thought him likely to send tarts which she knew to be poisoned. But though Coke noted in the margin that "He' is interpreted Rochester, for Rochester in truth sent it," there is nothing in the words or context that requires it to be interpreted so. "He" might

quite as well mean Overbury. It was thought expedient therefore to put the question to herself, aud on the 8th of January, being examined concerning the letter, she made two confessions which seemed to settle the matter conclusively. She confessed first, that by those words 'If he should send, etc.,'" she meant the Earl of Somerset, for he used to send many tarts and jellies to him;" and secondly, "that by these words in her letter 'Do this at night and all shall be right' she meant that the tart and jellies then sent, wherein were poisons, should be given to Overbury that night, and then all should be well."1 The letter thus interpreted formed a very important link in the chain of evidence, and Bacon was prepared to use it accordingly. But when the King came to examine the evidence for himself (which Coke had contrived-unfortunately in my opinion-to prevent him from doing during the first three months2) the interpretation of the first passage struck him as so improbable, that he referred the question again to the Commissioners for investigation. With what result we shall see as we go on.

The " case set down by my Lord Chancellor," which is alluded to in the penultimate paragraph, had reference to the dispute between the King's Bench and the Chancery; upon which Bacon with his fellows of the Learned Counsel were preparing an elaborate report -which will appear in its proper place.

The King's warrant for the delivery of Sir W. Monson's examinations was sent without delay and reached Bacon on Monday night, the 15th of April: whose first business the next morning was to write the following letter to Coke :

TO THE R. HON. ETC. THE LORD CHIEF JUSTICE OF THE KING'S BENCH.3

My Lord,

I received yesternight express commandment from his Ma1 S. P. Dom. James I., vol. lxxxvi. no. 6, as quoted by Gardiner, vol. ii. p. 387. 2 He appears to have invented a constitutional doctrine for the occasion: informing the King that if he insisted upon being "acquainted with any articles concerning blood"-meaning, I presume, articles of accusation in a capital case,— "before the party came to his public trial," he must resign his place. See Archæologia,' vol. xl. He did not however put the threat into execution. Perhaps it occurred to him that as the King was not to be judge and was to be prosecutor, it would be hard to explain why he should be kept in ignorance of the grounds of the prosecution. But it served in the meantime to keep all in his own hands till things had gone too far for reconsideration. "Whatever may be thought (says Mr. Gardiner) of the doctrine that the King had no right to know anything of the evidence in a case of blood, it is plain that Coke, knowing the King's extreme attachment to Somerset, was anxious even by inventing a little law on the spur of the moment to keep the investigation in the hands of the Commissioners." Ibid. vol. xli.

3 S. P. Dom. James I., vol. lxxxvi. no. 135.

jesty to require from your Lordship in his Majesty's name all and every such examinations as are in your Lordship's hands of Sir Wi. Monson for his Majesty's present service: Therefore I pray your Lordship either send them presently sealed up by your servant, or if you think it needful I will come to you myself and receive them with mine own hands. I rest

Your Lordship's loving friend

This Tuesday at 7 of

to command

FR. BACON.

the clock in the morning

16 April 1616.

The next letter reports the result of an examination of Somerset himself concerning Spanish matters. It is addressed to Villiers.

A LETTER FROM THE KING'S ATTORNEY GIVING ACCOUNT OF AN EXAMINATION TAKEN OF SOMERSET IN THE TOWER. 18° APR. 1616.1

Sir,

I received from you a letter of very brief and clear directions, and I think it a great blessing of God upon me and my labours, that my directions come by so clear a conduit, as they receive no tincture in the passage.

Yesterday my Lord Chancellor, the Duke of Lenox, and myself, spent the whole afternoon at the Tower, in examination of Somerset upon the articles sent from his Majesty, and some other additionals, which were in effect contained in the former, but extended to more particularity, by occasion of somewhat discovered by Cotton's examination and Mr. Vice-Chamberlain's information.

He is full of protestations, and would fain keep that quarter towards Spain clear: using but this for argument, that he had such fortunes from his Majesty, as he could not think of bettering his conditions from Spain, because as he said he was no military man. He cometh nothing so far on (for that which concerneth the treaty) as Cotton, which doth much aggravate suspicion against him. The further particulars I reserve to his Majesty's coming.

1 Add. MSS. 5503, f. 87. b.

In the end, tanquam obiter, but very effectually, my Lord Chancellor put him in mind of the state he stood in for the impoisonment; but he was little moved with it, and pretended carelessness of life, since ignominy had made him unfit for his Majesty's service. I am of opinion that the fair usage of him, as it was fit for the Spanish examinations, and for the questions touching the papers and dispatches, and all that, so it was no good preparative to make him descend into himself touching his present danger. And therefore my Lord Chancellor and myself thought not good to insist upon it at this time.

I have received from my Lord Chief Justice the examination of Sir William Mounson; with whom we mean to proceed to furder examination with all speed.

My Lord Chief Justice is altered touching the re-examination of the Lady, and desired me that we might stay till he spake with his Majesty, saying it could be no casting-back to the business; which I did approve.

Myself with the rest of my fellows, upon due and mature advice, perfected our report touching the Chancery. For the receiving whereof, I pray you put his Majesty in mind at his coming to appoint some time for us to wait upon him all together, for the delivery in of the same, as we did in our former certificate.

For the revenue matters, I reserve them to his Majesty's coming; and in the mean time I doubt not but Mr. Secretary Winwood will make some kind of report thereof to his Majesty.

For the conclusion of your letter concerning my own comfort, I can say but the Psalm of Quid retribuam? God that giveth me favour in his Majesty's eyes, will strengthen me in his Majesty's service. I ever rest

Your true and devoted servant.

To requite your postscript of excuse for scribbling, I pray you excuse that the paper is not gilt, I writing from WestminsterHall, where we are not so fine.

2.

This appears to have been the end of the inquiry into Somerset's

relations with Spain. He was not, and had never been, a pensioner ; and though he had had private dealings with the ambassador about matters of state, which at another time might perhaps have exposed him to a censure in the Star Chamber for contempt, they had nothing to do with the present charge, and were not fit to be mixed up with it. This interruption being removed, it was now time to prepare for the arraignment with as little delay as might be. But Coke being now no longer the sole manager of the prosecution,1 had leisure for other activities; and though no man could more earnestly desire the triumph of justice in the shape of a verdict of guilty against the persons accused, he saw no harm in preluding the trial with another public exhibition of the want of harmony between the Crown and the Judges. A living had been granted by the King to one of the Bishops in commendam, to be held along with the bishoprick. But the right of presentation had been disputed, and the claimants of the right had brought an action against the Bishop. The case being new and important had been adjourned into the Exchequer Chamber, to be heard before all the Judges assembled, and was to have come on in Hilary Term, when Bacon was prepared to argue. Owing however to the illness of one of the counsel on the other side, it had been put off till the first Saturday in the next Term, which was the 20th of April, on which day it seems that Bacon was heard, though no report of his argument has been preserved. Now there being two grounds upon which such an action might be sustained, informality in this particular grant, or incapacity in the Crown to grant Commendams at all,—the King, wishing to know how much was at issue, directed one of the Bishops who was of the Privy Council to attend the court and report to him the state of the question. It appeared upon his report that the dispute turned distinctly upon the extent of the ordinary Prerogative of the Crown, of which the doctrines maintained by the counsel imported a material curtailment. Whereupon the King directed Bacon to signify his pleasure to Coke that the day appointed for the Judges to deliver their arguments (which was Saturday the 27th) should be put off until he had had an opportunity of consulting with them. Bacon's letter to that effect was delivered on Thursday the 25th of April. But the Judges, resolving that it was contrary to law and that their oath bound them to disregard it, proceeded to their arguments on the day appointed notwithstanding.

1 "On Wednesday last and this day the L. Chancellor, the D. of Lenox and the Attorney-General have been at the Tower to examine the L. of Somerset, not contenting themselves with what the I. Coke had done before, who meddles no more since he delivered his papers and examinations to the Attorney to draw the process and inform thereupon." Chamberlain to Carleton, 20 April 1616.