offence, I will set before you, first, the occasion five points: I will number them, because other 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 a 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 I think I may truly say, "solo tempore lapsus amor." men may note them; and I will but touch them, because they shall not be drowned or lost in discourse, which I hold worthy the observation, for the honour of the state and confusion of slanderers; whereby it will appear most evidently what care was taken, that that which was then done might not have the effect, no, nor the show, no, nor so much as the shadow of a tax; and that it was so far from breeding or bringing in any ill precedent or example, as, contrariwise, it is a corrective that doth correct and allay the harshness and danger of former examples. The first is, that what was done was done immediately after such a parliament, as made general profession to give, and was interrupted by accident: so as you may truly and justly esteem it, "tanquam posthuma proles parliamenti," as an after-child of the parliament, and in pursuit, in some small measure, of the firm intent of a parliament past. You may take it also, if you will, as an advance or provisional help until a future parliament; or as a gratification simply, without any relation to a parliament; you can no ways take it amiss. The second is, that it wrought upon example, as a thing not devised or projected, or required; no, nor so much as recommended, until many that were never moved nor dealt with, "ex mero motu," had freely and frankly sent in their presents. So that the letters were rather like letters of news, what was done at London, than otherwise: and we know "exempla ducunt, non trahunt:" examples they do but lead, they do not draw nor drive. This accident happening thus beside 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 cheerful, to present the king, some with plate, some with money, as free-will offerings, a thing that God Almighty loves, a cheerful giver : what an evil eye doth I know not. And, my lords, let me speak it plainly unto you: God forbid anybody should be so wretched as to think that the obligation of love and duty, from the subject to the king, should be joint and not several. No, my lords, it is both. The subject petitioneth to the king in parliament. He petitioneth likewise out of parliament. The king on the other side gives graces to the subject in parliament: he gives them likewise, and poureth them upon his people out of parliament; and so, no doubt, the subject may give to the king in parliament, and out of parliament. It is true the parliament is "intercursus magnus," the great intercourse and main current of graces and donatives from the king to the people, from the people to the king: but parliaments are held but at certain times; whereas the passages are always open for particulars; The fourth is, that these letters had no manner even as you see great rivers have their tides, but of show of any binding act of state: for they particular springs and fountains run continually. | contain not any special frame or direction how the To proceed, therefore: As the occasion, which business should be managed; but were written was the failing of supply by parliament, did as upon trust, leaving the matter wholly to the awake the love and benevolence of those that industry and confidence of those in the country; were at hand to give; so it was apprehended and so that it was an "absque computo;" such a thought fit by my lords of the council to make a form of letters as no man could fitly be called to proof, whether the occasion and example both account upon. would not awake those in the country of the better sort to follow. Whereupon, their lordships devised and directed letters unto the sheriffs and justices, which declared what was done here above, and wished that the country might be moved, especially men of value. Now, my lords, I beseech you give me favour and attention to set forth and observe unto you The third is, that it was not done by commis sion under the great seal; a thing warranted by a multitude of precedents, both ancient, and of late time, as you shall hear anon, and no doubt warranted by law: so that the commissions be of that style and tenor, as that they be to move and not to levy: but this was done by letters of the council, and no higher hand or form. The fifth and last point is, that the whole carriage of the business had no circumstance compulsory. There was no proportion or rate set down, not so much as by way of a wish; there was no menace of any that should deny; no reproof of any that did deny; no certifying of the names of any that had denied. Indeed, if men could not content themselves to deny, but that they must censure and inveigh, not to excuse themselves, but they must accuse the state, that is another case. But I say, for denying, no man was apprehended, no, nor noted. So that I verily think, that there is none so subtle a disputer in the controversy of "liberum arbitrium," that can with all his distinctions fasten or carp upon the act, but that there was free-will in it. more sorry they should be passed without severe punishment: "Non tradite factum," as the verse says, altered a little, "aut si traditis, facti quoque tradite pœnam." If any man have a mind to discourse of the fact, let him likewise discourse of the punishment of the fact. In this writing, my lords, there appears a monster with four heads, of the progeny of him that is the father of lies, and takes his name from slander. The first is a wicked and seditious slander; or, if I shall use the Scripture phrase, a blaspheming of the king himself; setting him forth for a prince perjured in the great and solemn oath of his coronation, which is as it were the knot of the diadem; a prince that should be a violator and infringer of the liberties, laws, and customs of the kingdom; a mark for a Henry the Fourth; a The second is a slander and falsification, and wresting of the law of the land gross and palpable: it is truly said by a civilian, “Tortura legum pessima," the torture of laws is worse than the torture of men. The third is a slander and false charge of the parliament, that they had denied to give to the king; a point of notorious untruth. I conclude, therefore, my lords, that this was a true and pure benevolence; not an imposition I called a benevolence; which the statute speaks of; as you shall hear by one of my fellows. There is a great difference, I tell you, though Pilate would not see it, between "Rex Judæorum" and "se dicens Regem Judæorum." And there is a great difference between a benevolence and an exaction called a benevolence, which the Duke of Buckingham speaks of in his oration to the city; and defineth it to be not what the sub-match for a Richard the Second. ject of his good-will would give, but what the king of his good-will would take. But this, I say, was a benevolence wherein every man had a prince's prerogative, a negative voice; and this word, "excuse moy," was a plea peremptory. And, therefore, I do wonder how Mr. I. S. could foul or trouble so clear a fountain; certainly it was but his own bitterness and unsound humours. Now to the particular charge: Amongst other And the last is a slander and a taunting of an countries, these letters of the lords came to the infinite number of the king's loving subjects, that justices of D-shire, who signified the contents have given towards this benevolence and free thereof, and gave directions and appointments contribution; charging them as accessary and cofor meetings concerning the business, to seve-adjutors to the king's perjury. Nay, you leave ral towns and places within that county: and amongst the rest, notice was given unto the town of A. The Mayor of A. conceiving that this Mr. I. S. being a principal person, and a dweller in that town, was a man likely to give both money and good example, dealt with him to know his mind: he intending, as it seems, to play prizes, would give no answer to the mayor in private, but would take time. The next day then being an appointment of the justices to meet, he takes occasion, or pretends occasion to be absent, because he would bring his papers upon the stage: and thereupon takes pen in hand, and, instead of excusing himself, sits down and contriveth a seditious and libellous accusation against the king and state, which your lordships shall now hear, and sends it to the mayor: and, withal, because the feather of his quill might fly abroad, he gives authority to the mayor to impart it to the justices, if he so thought good. And now, my lords, because I will not mistake or misrepeat, you shall hear the seditious libel in the proper terms and words thereof. (Here the papers were read.) My lords, I know this paper offends your ears much, and the ears of any good subject; and sorry I am that the times should produce offences of this nature: but since they do, I would be VOL. II.-39 us not there, but you take upon you a pontifical habit, and couple your slander with a curse; but, thanks be to God, we have learned sufficiently out of the Scripture, that "as the bird flies away, so the causeless curse shall not come." For the first of these, which concerns the king, I have taken to myself the opening and aggravation thereof; the other three I have distributed to my fellows. My lords, I cannot but enter into this part with some wonder and astonishment, how it should come into the heart of a subject of England to vapour forth such a wicked and venomous slander against the king, whose goodness and grace is comparable, if not incomparable, unto any of the kings his progenitors. This, therefore, gives me a just and necessary occasion to do two things: The one, to make some representation of his majesty; such as truly he is found to be in his government, which Mr. I. S. chargeth with violation of laws and liberties: The other, to search and open the depth of Mr. I. S. his offence. Both which I will do briefly; because the one, I cannot express sufficiently; and the other, I will not press too far. My lords, I mean to make no panegyric or laudative; the king delights not in it, neither am I fit for it: but if it were but a counsellor or nobleman, whose name had suffered, and were to 2c2 receive some kind of reparation in this high court, | so oft with his judges, as my lords that sit here I would do him that duty as not to pass his merits and just attributes, especially such as are limited with the present case, in silence: for it is fit to burn incense where evil odours have been cast and raised. Is it so that King James shall be said to be a violator of the liberties, laws, and customs of his kingdoms? Or is he not rather a noble and constant protector and conservator of them all? I conceive this consisteth in maintaining religion and the true church; in maintaining the laws of the kingdom, which is the subject's birthright: in temperate use of the prerogative; in due and free administration of justice, and conversation of the peace of the land. For religion, we must ever acknowledge, in the first place, that we have a king that is the principal conservator of true religion through the Christian world. He hath maintained it not only with sceptre and sword, but likewise by his pen; wherein also he is potent. He hath awaked and re-authorized the whole party of the reformed religion throughout Europe; which, through the insolency and divers artifices and enchantments of the adverse part, was grown a little dull and dejected: He hath summoned the fraternity of kings to enfranchise themselves from the usurpation of the see of Rome: He hath made himself a mark of contradiction for it. Neither can I omit, when I speak of religion, to remember that excellent act of his majesty, which, though it were done in a foreign country, yet the church of God is one, and the contagion of these things will soon pass seas and lands: I mean, in his constant and holy proceeding against the heretic Vorstius, whom, being ready to enter into the chair, and there to have authorized one of the most pestilent and heathenish heresies that ever was begun, his majesty by his constant opposition dismounted and pulled down. And I am persuaded there sits in this court one whom God doth the rather bless for being his majesty's instrument in that service. I cannot remember religion and the church, but I must think of the seed-plots of the same, which are the universities. His majesty, as, for learning amongst kings, he is incomparable in his person; so likewise hath he been in his government a benign or benevolent planet towards learning: by whose influence those nurseries and gardens of learning, the universities, were never more in flower nor fruit. For the maintaining of the laws, which is the hedge and fence about the liberty of the subject, I may truly affirm it was never in better repair. He doth concur with the votes of the nobles: "Nolumus leges Angliæ mutare." He is an enemy of innovation. Neither doth the universality of his own knowledge carry him to neglect or pass over the very forms of the laws of the land. Neither was there ever king, I am persuaded, that did consult know well. The judges are a kind of council of the king's by oath and ancient institution; but he useth them so indeed: he confers regularly with them upon their returns from their visitations and circuits; he gives them liberty, both to inform him, and to debate matters with him; and in the fall and conclusion commonly relies on their opinions. As for the use of the prerogative, it runs within the ancient channels and banks: some things that were conceived to be in some proclamations, commissions, and patents, as overflows, have been by his wisdom and care reduced; whereby, no doubt, the main channel of his prerogative is so much the stronger. For evermore overflows do hurt the channel. As for administration of justice between party and party, I pray observe these points. There is no news of great seal or signet that flies abroad for countenance or delay of causes: protections rarely granted, and only upon great ground, or by consent. My lords here of the council, and the king himself meddle not, as hath been used in former times, with matters of "meum" and "tuum," except they have apparent mixture with matters of estate, but leave them to the king's courts of law or equity. And for mercy and grace, without which there is no standing before justice, we see, the king now hath reigned twelve years in his white robe, without almost any aspersion of the crimson dye of blood. There sits my Lord Hobart, that served attorney seven years. I served with him. We were so happy, as there passed not through our hands any one arraignment for treason; and but one for any capital offence, which was that of the Lord Sanquhar; the noblest piece of justice, one of them, that ever came forth in any king's time. As for penal laws, which lie as snares upon the subjects, and which were as a "nemo scit" to King Henry VII.; it yields a revenue that will scarce pay for the parchment of the king's records at Westminster. And, lastly, for peace, we see manifestly his majesty bears some resemblance of that great name, "a prince of peace:" he hath preserved his subjects during his reign in peace, both within and without. For the peace with states abroad, we have it "usque ad satietatem :" and for peace in the lawyers' phrase, which count trespasses, and forces, and riots, to be "contra pacem;" let me give your lordships this token or taste, that this court, where they should appear, had never less to do. And, certainly, there is no better sign of "omnia bene," than when this court is in a still. But, my lords, this is a sea of matter: and therefore I must give it over, and conclude, that there was never king reigned in this nation that did better keep covenant in preserving the liberties and procuring the good of his people: so that I upon the block; and that he would sooner have must needs say for the subjects of England, "O fortunatos nimium sua si boni norint ;" as no doubt they do both know and acknowledge it; whatsoever a few turbulent discoursers may, through the lenity of the time, take boldness to speak. And as for this particular, touching the benevolence, wherein Mr. I. S. doth assign this breach of covenant, I leave it to others to tell you what the king may do, or what other kings have done: but I have told you what our king and my lords have done which I say and say again, is so far from introducing a new precedent, as it doth rather correct, and mollify, and qualify former precedents. Now, Mr. I. S., let me tell you your fault in few words: for that I am persuaded you see it already, though I woo no man's repentance; but I shall, as much as in me is, cherish it where I find it. Your offence hath three parts knit together: Your slander, Your menace, and Your comparison. For your slander, it is no less than that the king is perjured in his coronation oath. No greater offence than perjury; no greater oath than that of a coronation. I leave it: it is too great to aggravate. Your menace, that if there were a Bullingbroke, or I cannot tell what, there were matter for him, is a very seditious passage. You know well, that howsoever Henry the Fourth's act, by a secret providence of God, prevailed, yet it was but a usurpation; and if it were possible for such a one to be this day, wherewith it seems your dreams are troubled, I do not doubt, his end would be the ravens sit upon his head at London bridge, than the crown at Westminster. And it is not your interlacing of your "God forbid," that will salve these seditious speeches; neither could it be a forewarning, because the matter was past and not revocable, but a very stirring up and incensing of the people. If I should say to you, for example, "If these times were like some former times, of King Henry VIII., or some other times, (which God forbid!) Mr. I. S., it would cost you your life; I am sure you would not think this to be a gentle warning, but rather that I incensed the court against you. And for your comparison with Richard II., I see you follow the example of them that brought him upon the stage, and into print, in Queen Elizabeth's time, a most prudent and admirable queen. But let me entreat you, that when you will speak of Queen Elizabeth or King James, you would compare them to King Henry VII., or King Edward I., or some other parallels to which they are alike. And this I would wish both you and all to take heed of, how you speak seditious matter in parables, or by tropes or examples. There is a thing in an indictment called an inuendo; you must beware how you beckon or make signs upon the king in a dangerous sense; but I will contain myself, and press this no farther. I may hold you for turbulent or presumptuous; but I hope you are not disloyal: you are graciously and mercifully dealt with. And, therefore, having now opened to my lords, and, as I think, to your own heart and conscience, the principal part of your offence, which concerns the king, I leave the rest, which concerns the law, parliament, and the subjects that have given, to Mr. Serjeant and Mr. Solicitor. THE CHARGE OF SIR FRANCIS BACON, KNIGHT, THE KING'S ATTORNEY-GENERAL, AGAINST MR. LUMSDEN, SIR JOHN WENTWORTH, AND SIR JOHN HOLLES, FOR SCANDAL AND TRADUCING of the KING'S JUSTICE IN THE PROCEEDINGS AGAINST WESTON, IN THE STAR CHAMBER, TENTH NOVEMBER, 1615. THE offence wherewith I shall charge the three offenders at the bar, is a misdemeanor of a high nature, tending to the defacing and scandal of justice in a great cause capital. The particular charge is this: The king amongst many his princely virtues is known to excel in that proper virtue of the imperial throne, which is justice. It is a royal virtue, which doth employ the other three cardinal virtues in her service: wisdom to discover, and discern nocent or innocent; fortitude to prosecute and execute; temperance, so to carry justice as it be not passionate in the pursuit, nor confused in involving persons upon light suspicion, nor precipitate in time. For this his majesty's virtue of justice, God hath of late raised an occasion, and erected, as it were, a stage or theatre, much to his honour, for him to show it, and act in the pursuit of the untimely death of Sir Thomas Overbury, and therein cleansing the land from blood. For, my lords, if blood spilt pure doth cry to heaven in God's ears, much more blood defiled with poison. This great work of his majesty's justice, the more excellent it is, your lordships will soon conclude the greater is the offence of any that have sought to affront it or traduce it. And, therefore, before I descend unto the charge of these offenders, I will set before your lordships, the weight of that which they have sought to impeach; speaking somewhat of the general crime of impoisonment, and then of the particular circumstances of this fact upon Overbury; and, thirdly, and chiefly, of the king's great and worthy care and carriage in this business, The offence of impoisonment is most truly figured in that device or description, which was made of the nature of one of the Roman tyrants, that he was "lutum sanguine maceratum," mire mingled or cemented with blood: for, as it is one of the highest offences in guiltiness, so it is the basest of all others in the mind of the offenders. Treasons "magnum aliquid spectant:" they aim at great things; but this is vile and base. I tell your lordships what I have noted, that in all God's book, both of the Old and New Testament, I find examples of all other offences and offenders in the world, but not any one of an impoisonment or an impoisoner. I find mention of fear of casual impoisonment: when the wild vine was shred into the pot, they came complaining in a fearful manner; Master, "mors in olla." And I find mention of poisons of beasts and serpents; "the poison of asps is under their lips." But I find no example in the book of God of impoison ment. laid for the mother, and was taken up by the child, and killed the child and so in that notorious case, whereupon the statute of 22 Henry VIII., chap. 9, was made, where the intent being to poison but one or two, poison was put into a little vessel of barm that stood in the kitchen of the Bishop of Rochester's house; of which barm pottage or gruel was made, wherewith seventeen of the bishop's family were poisoned: nay, divers of the poor that came to the bishop's gate, and had the broken pottage in alms, were likewise poisoned. And, therefore, if any man will comfort himself, or think with himself, Here is great talk of impoisonment, I hope I am safe; for I have no enemies; nor I have nothing that any body should long for: Why, that is all one; for he may sit at table by one for whom poison is prepared, and have a drench of his cup, or of his pottage. And so, as the poet saith, "concidit infelix alieno vulnere ;" he may die another man's death. And, therefore, it was most gravely, and judiciously, and properly provided by that statute, that impoisonment should be high treason; because whatsoever offence tendeth to the utter subversion and dissolution of human society, is in the nature of high treason. Lastly, it is an offence that I may truly say of it, "non est nostri generis, nec sanguinis." It is, thanks be to God, rare in the isle of Britain: it is neither of our country, nor of our church; you may find it in Rome or Italy. There is a region, or perhaps a religion for it: and if it should come amongst us, certainly it were better living in a wilderness than in a court. For the particular fact upon Overbury. First, for the person of Sir Thomas Overbury: I knew the gentleman. It is true, his mind was great, but it moved not in any good order; yet, certainly it did commonly fly at good things; and the greatest fault that I ever heard of him, was, that he made his friend his idol. But I leave him as Sir Thomas Overbury. But take him as he was, the king's prisoner in the tower; and then see how the case stands. In I have sometimes thought of the words in that place the state is as it were respondent to the psalm, "let their table be made a snare." make good the body of a prisoner. And, if any Which certainly is most true of impoisonment; thing happen to him there, it may, though not in for the table, the daily bread, for which we pray, this case, yet in some others, make an aspersion is turned to a deadly snare: but, I think rather, and reflection upon the state itself. For the perthat that was meant of the treachery of friends son is utterly out of his own defence; his own that were participant of the same table. care and providence can serve him nothing. He But let us go on. It is an offence, my lords, is in custody and preservation of law; and we that hath the two spurs of offending; "spes have a maxim in our law, as my lords the judges perficiendi," and "spes celandi:" it is easily committed, and easily concealed. know, that when a state is in preservation of law, nothing can destroy it, or hurt it. And God forbid but the like should be for the persons of those that are in custody of law; and therefore It is an offence that is "tanquam sagitta nocte volans;" it is the arrow that flies by night. It discerns not whom it hits: for many times the this was a circumstance of great aggravation. poison is laid for one, and the other takes it; as Lastly, to have a man chased to death in such in Sanders's case, where the poisoned apple was manner, as it appears now by matter of record; |