it; and therefore might do him good, but could do him no hurt. For as for your justice, there had been taken great and grave opinion, not only of such Judges as he may think violent, but of the saddest and most temperate of the kingdom, who ought to understand the state of the proofs, that the evidence was full to convict him, so as there needed neither confession nor supply of examination. But for your Majesty's mercy (although he were not to expect we should make any promise), we did assure him that your Majesty was compassionate of him if he gave you some good ground whereon to work. That as long as he stood upon his innocency and trial, your Majesty was tied in honour to proceed according to justice; and that he little understood (being a close prisoner) how much the expectation of the world, besides your love to justice itself, engaged your Majesty, whatsoever your inclination were. But nevertheless that frank and clear confession might open the gate of mercy, and help to satisfy the point of honour. That his Lady (as he knew), and that after many oaths and imprecations to the contrary, had nevertheless in the end been touched with remorse and confessed. That she that led him to offend, might lead him likewise to repent of his offence. That the confession of one of them could not fitly do either of them much good, but the confession of both of them might work some further effect towards both. And therefore, in conclusion, we wished him not to shut the gate of your Majesty's mercy against himself, by being obdurate any longer. This was the effect of that which was spoken, part by one of us, part by another, as it fell out; adding further, that he might well discern who spake in us in the course we held; for that commissioners for examination might not presume so far of themselves.

Not to trouble your Majesty with circumstances of his answers, the sequel was no other, but that we found him still not to come any de [gree further] on to confess; only his behaviour was very sober, and modest, and mild (differing apparently from other times), but yet, as it seemed, resolved to expect his trial.

Then did we proceed to examine him upon divers questions touching the empoisonment, which indeed were very material and supplemental to the former evidence; wherein either his affirmatives gave some light, [or] his negatives do greatly falsify him in that which is apparently proved.

We made this further observation; that when we asked him

some question that did touch the Prince or some foreign practice (which we did very sparingly at this time), yet he grew a little stirred, but in the questions of the empoisonment very cold and modest. Thus not thinking it necessary to trouble your Majesty with any further particulars, we end with prayer to God ever to preserve your Majesty.

Your Majesty's most loyal and faithful servant, etc.

If it seem good unto your Majesty, we think it not amiss some preacher (well chosen) had access to my Lord of Somerset for his preparing and comfort, although it be before his trial.

The suggestion of these hopes to Somerset may have done some of the good which Bacon anticipated, in "attempering him at his arraignment;" but of "confession before arraignment," which was the King's object, there was as yet no offer or symptom. The truth, I think, was that he did not yet believe that he would be arraigned at all; nor had he yet exhausted the resources which he thought he possessed in the well-known weaknesses of the King. He had tried many ways to work upon him. He began when first called in question with vehement upbraiding, against which he knew that James's soft and sensitive nature was seldom proof. When that failed, he tried to excite in him dislike and distrust of the Commissioners.1 Failing again in that, he addressed himself to his political anxieties and apprehensions, intimating that he had an important state secret to communicate. Being told to communicate it to the Commissioners, he refused: it was no business (he said) of theirs: he would tell it to Lord Knolles and Lord Hay if he might see them. This device was partly successful. With difficulty, and after considerable delay, he succeeded in getting a communication passed to the King without the intervention of the Commissioners; and the long lull which followed,-while Digby was expected from Spain, while the dispute between the Chancery and the King's Bench was at its height, and while the inquiry was diverted towards Spanish intrigues, a region in which he had nothing serious to fear,—may have deceived him into the hope that he had shaken the King's resolution; a hope which the King's undisguised anxiety to obtain a confession before trial would naturally confirm. Finding however by the last interview with the Commissioners that it was not so, and that unless he could find some new means of diverting the King from his purpose he would really be brought to the bar, he next tried to work upon

1 See the King's letter after the appointment of the Commissioners. 'Archæologia,' vol. xli. p. 90.

his personal timidity. Having got no good by his offer to impart information which it concerned him to possess, he now threatened to disclose something which it concerned him to keep secret. The particulars of the message are not known, but it seemed to import a threat that if brought to trial he would publicly charge the King with being himself accessary to the murder-a threat by which he hoped no doubt to deter him from proceeding further. Again however he was disappointed. The King, though alarmed and agitated, was not to be frightened from his purpose, but caused him to be informed that until he had either undergone his trial or confessed his crime, no private communication could pass between them.1

In the meantime counsel was taken, as we learn from the following memorial in Bacon's handwriting,-undated, but written certainly not less than three days before the trial,-what should be done in case he put his threat in execution.

MEMORIAL TOUCHING THE COURSE TO BE HELD IN MY LORD OF SOMERSET'S ARRAIGNMENT.2

Questions legal for the Judges.

Whether the axe is to be carried before the prisoner, being in the case of felony.

Whether, if the La. make any digression to clear his L., she is not by the L. Steward to be interrupted and silenced.

Whether, if my Lord of Somerset should break forth into any speech of taxing the King, he be not presently by the Lord Steward to be interrupted and silenced, and if he persist he be not to be told that if he take that course he is to be withdrawn, and evidence to be given in his absence; and whether that may be; and what else to be done.

Whether if there should be xii votes to condemn, and xiii or xiiii to acquit, it be not a verdict for the King?

Questions of convenience, whereupon his M. may confer with some of his Counsel.

Whether if Somerset confess at any time before his trial, his Majesty shall stay trial in respect of further examination concerning practice of treason, as the death of the late Prince, the conveying into Spain of the now Prince, or the like. For till he

Losely Papers, p. 403.

2 Tenison MSS. 941, f. 113. This is the docket, which is in Meautys's hand; all but the first word, which is in Bacon's. The paper itself is all in Bacon's hand.

confess the less crime, there is [no1] likelihood of confessing the greater.

Whether if the trial upon that reason shall be put off, it shall be discharged privately by dissolving the commission, or discharging the summons, or whether it shall not be done in open court, the Peers being met and the solemnity and celebrity preserved, and that with some declaration of the cause of putting off the further proceeding.

Whether the days of her trial and his shall be immediate, as it is now appointed; or a day between, to see if after condemnation the La. will confess of the L.; which done, there is no doubt but he will confess of himself.

Whether his trial shall not be set first and hers after, because then any conceit which may be wrought by her clearing of him may be prevented, and it may be he will be in the better temper, hoping of his own clearing, and of her respiting.

What shall be the days; for Thursday and Friday can hardly hold in respect of the summons; and it may be as well Friday and Saturday, or Monday and Tuesday, (as London makes it already.)

A particular remembrance for his M.

It were good that after he is comen into the Hall (so that he may perceive he must go to trial), and shall be retired into the place appointed till the court call for him, then the Lieutenant should tell him roundly that if in his speeches he shall tax the King, that the justice of England is that he shall be taken away, and the evidence shall go on without him, and all the people will cry away with him, and then it shall not be in the King's will to save his life, the people will be so set on fire.

As this was written before some Thursday, and the trial of the Countess actually took place on Friday the 24th of May, it follows that Wednesday the 22nd of May is the very latest date that can be assigned to it. It may have been earlier; not only because Thursday need not have been the next day, but also because the day of the trial was put off more than once after being fixed, and the Thursday spoken of may have belonged to another week: but it cannot have been later. From which it follows that the occasion of Sir George More's midnight visit to the King at Greenwich the night before

1 Om. MS.

Somerset's trial, of which Weldon tells so picturesque a story, cannot have been this threat of "taxing the King;" for of that, as we see, he was aware some time before, and prepared for it. If there is any truth in that story, it must have had reference to another threat of a different kind; which will be noticed presently.

4.

The Lady's turn came first. At nine o'clock in the morning of the 24th of May, she was brought up to answer the charge in Westminster Hall, before a crowded and eager audience. Places to hear

were grown," says Chamberlain, "to so extraordinary a rate that four or five pieces (as they call them) was an ordinary price; and I know a lawyer that had agreed to give £10 for himself and his wife for the two days; and £50 were given for a corner that could hardly contain a dozen." The Countess pleaded guilty, as was expected. It was Bacon's business to pray judgment against her; which he did in the following speech.

THE CHARGE, BY WAY OF EVIDENCE, BY SIR FRANCIS BACON, KNIGHT, HIS MAJESTY'S ATTORNEY-GENERAL, BEFORE THE LORD HIGH STEWARD, AND THE PEERS, AGAINST FRANCES COUNTESS OF SOMERSET, CONCERNING THE POISONING OF SIR THOMAS OVERBURY.2

It may please your Grace, my lord High Steward of England, and you my Lords the Peers:

I am very glad to hear this unfortunate Lady doth take this course, to confess fully and freely, and thereby to give glory to God and to justice. It is, as I may term it, the nobleness of an offender to confess; and therefore those meaner persons, upon whom justice passed before, confessed not; she doth. I know your Lordships cannot behold her without compassion. Many things may move you, her youth, her person, her sex, her noble family; yea, her provocations, (if I should enter into the cause itself), and furies about her; but chiefly her penitency and confession. But justice is the work of this day; the mercy-seat was in the inner part of the temple; the throne is public. But since this Lady hath by her confession prevented my evidence, and your verdict, and that this day's labour is eased; there resteth, in the 1 Chamberlain to Carleton, 18 May 1616. 2 'Baconiana,' p. 3.