form myself by precedents and advise with my Lord Chancellor. The second case is, if that fall out which is likest (as things stand) and which we expect; which is, that the Lady confess, and that Somerset himself plead not guilty, and be found guilty. If staye of judgment can stande with the lawe, I wold even wishe it in this cace; in all the reste, this article cannot be mendit. That danger is well to be forseene, leaste he upon the one pairt comit unpardonable errouris, and In this case, first I suppose your Majesty will not think of any stay of judgment, but that the public process of justice pass on. 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 penitency and free confession, and will be much more upon his finding guilty (because the malice on his part will be thought to be the deeper source of the offence), so there will be ground for mercy on his part upon the nature of the proof; because it resteth chiefly upon presumptions. For certainly there may be an evidence so balanced, as it may have sufficient matter for the consciences 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 make him not odious beyond the extent of mercy, Lastly, all these points of mercy and favour are to be understood with this limitation; if he do not by his contemptuous and insolent carriage at I upon the other pairt seeme to punishe him in the spirit of revenge. The third case is, if he should stand mute, and will not plead, whereof your Majesty knoweth there hath been some secret question. the bar, make himself uncapable and unworthy of them. 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 that as much should be done for him, as was done for Weston; which was to adjourn the Court for some days, upon a Chris This article cannot be tian ground, that he may have time amendit. The fourth case is that which I would be very sorry should happen; but it is a future contingent; That is, if the Peers should acquit him and find him not guilty. This is so also. to turn from that mind of destroying himself; during which time your Majesty's furder pleasure may be known. In this case the Lord Steward must be provided what to do. For as it hath been never 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 heinous offences (though not capital) for which he may be questioned in the starchamber or otherwise, that there be some touch of that in general at the conclusion by the Lord Steward of England; and that therefore he be remanded to the Tower, as close pri soner. For matter of examination, or other proceeding, 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 meantime would be glad to receive from your Majesty (whom it is my part only 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 third 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, tied to your Majesty's commandments. Your Majesty's most humble and most bounden subject and servant, FR. BACON. 28 of April, Sunday at noon, 1616. These marginal notes in which the King gave his opinion upon the several cases as put by Bacon appear to have been accompanied with a letter (probably from Villiers) in which the expediency was suggested of letting Somerset in some way understand that it would be better for him, if guilty, to make a confession. That he was guilty, though it may appear doubtful now, was not doubted then by anybody; but how far it could be proved that he was guilty, was a point which might be very well doubted even by those who were most convinced in their own minds of the fact. Nor could it be regarded as a matter of indifference. Justice as administered in Government prosecutions had not acquired authority enough in popular opinion to overrule strong popular prejudices, and in the still excited condition of the public mind an acquittal would have caused serious discontent. The public declarations of the Earl's guilt having been so strong, while the proofs appeared on inspection to be in some respects so weak, the result of a trial was a matter of just anxiety; and certainly if he could by any fair means be induced to remove the difficulty by a confession, it would have been the best thing that could happen. But what inducement had Somerset to confess, if ever so guilty? Suppose him to have been privy to the murder before it was done: still he knew that, having kept so carefully out of the way, the evidence to connect him with it could not be much or direct. He knew therefore that he had two chances of escape. The King-either upon some misgiving as to the force of the evidence, or some fear of meddling with so powerful a man, or some remnant of affection for one who had so lately and so long been his bosomfriend-might shrink from bringing him to trial. And again, if brought to trial he might be acquitted. Upon what motive should he throw away two such chances of escape? The only motive that could be presented to him was a hope that if he voluntarily confessed his guilt, he would have a better chance of mercy than if he stood upon his innocence and were found guilty upon the evidence. Now there can be no doubt that this was true. There can be no doubt that the King would really have been glad of an excuse for using his prerogative of mercy, and that he believed (as in those days most people did) that a clear, voluntary, and penitent confession furnished such an excuse. Could nothing be done then to inspire Somerset with such a hope? Of course a direct and explicit promise was not to be thought of; because a direct promise of pardon if he confessed would have seemed like a bargain and a bribe to purchase the confession. Upon such terms an innocent man, if appearances were against him, might think it prudent to confess himself guilty. But it occurred to the King that when the time came near such a hope might be put into his head by some friend who, though speaking without authority, might seem to speak from knowledge. That some suggestion to this effect accompanied the letter returned with the King's marginalia, appears from Bacon's next. A LETTER FROM THE KING'S ATTORNEY TO SIR GEORGE VILLIERS, TOUCHING THE PROCEEDING WITH SOMERSET. 2o Maii 1616.1 Sir, I have received my letter from his Majesty with his marginal notes, which shall be my directions, being glad to perceive I understand his Majesty so well. That same little charm which may be secretly infused into Somerset's ear some few hours before his trial, was excellently well thought of by his Majesty; and I do approve it both for matter and time; only if it seem good to his Majesty, I would wish it a little enlarged. For if it be no more but to spare his blood, he hath a kind of proud humour which may overwork the medicine. Therefore I could wish it were made a little stronger, by giving him some 1 Add. MSS. 5503, f. 83. b. hope that his Majesty will be good to his lady and child; and that time (when justice and his Majesty's honour is once saved and satisfied) may produce further fruit of his Majesty's compassion which was to be seen in the example of Southampton, whom his Majesty after attainder restored; and Cobham and Gray, to whom his Majesty (notwithstanding they were offenders against his own person) yet spared their lives. And for Gray, his Majesty gave him back some part of his estate, and was upon point to deliver him.1 Much more he, having been so highly in his Majesty's favour, may hope well, if he hurt not himself by his public misdemeanor. For the person that should deliver this message, I am not so well seen in the region of his friends, as to be able to make choice of a particular. My Lord Treasurer, the Lord Knowles, or any of his nearest friends, should not be trusted with it, for they may go too far, and perhaps work contrary to his Majesty's ends. Those which occur to me, are my Lord Hay, my Lord Burleigh (of England I mean), and Sir Robert Carre. My Lady Somerset hath been re-examined, and his Majesty is found both a true prophet and a most just king in that scruple he made; for now she expoundeth the word He, that should send the tarts to Helwisse's wife, to be of Overbury, and not of Somerset.2 But for the person that should bid her, she saith it was Northampton or Weston, not pitching upon certainty, which giveth some advantage to the evidence. Yesterday being Wednesday, I spent four or five hours with the Judges, whom his Majesty designed to take consideration with the four Judges of the King's Bench, of the evidence against Somerset. They all concur in opinion, that the questioning him, and drawing him on to trial is most honourable and just, and that the evidence is fair and good. His Majesty's letter to the Judges concerning the Commendams was full of magnanimity and wisdom. I perceive his Majesty is never less alone than when he is alone; for I am sure there was nobody by him to inform him; which made me admire it the more. The Judges have given day over, till the second Saturday of There is no stop after "deliver him" in the MS. But it is clear that the sentence was meant to end there. 2 See above, p. 268. 3 This was his reply to the Judge's letter in which they gave their reasons for not putting off the argument. It will appear in extenso in the Act of Council. |
