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,

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.

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. therefore, before I descend unto the charge of And, 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 impoisonI have sometimes thought of the words in the psalm, "let their table be made a snare.' Which certainly is most true of impoisonment; for the table, the daily bread, for which we pray, is turned to a deadly snare: but, I think rather, that that was meant of the treachery of friends that were participant of the same table. But let us go on It is an offence, my lords, that hath the two spurs of offending; perficiendi," and "spes celandi:" it is easily spes committed, and easily concealed.

ment.

66

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 poison is laid for one, and the other takes it; as in Sanders's case, where the poisoned apple was

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 comtalk of impoisonment, I hope I am safe; for 1 fort himself, or think with himself, Here is great have no enemies; nor I have nothing that any body should long for: Why, that is all one; for prepared, and have a drench of his cup, or of his he may sit at table by one for whom poison is pottage.

alieno vulnere ;" he may die another man's death. And so, as the poet saith, "concidit infelix And, therefore, it was most gravely, and judiciously, and properly provided by that statute, that impoisonment should be high treason; besubversion and dissolution of human society, is cause whatsoever offence tendeth to the utter in the nature of high treason.

it, "non est nostri generis, nec sanguinis." It is, Lastly, it is an offence that I may truly say of 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 person of Sir Thomas Overbury: I knew For the particular fact upon Overbury. First, 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.

the tower; and then see how the case stands. In
But take him as he was, the king's prisoner in
that place the state is as it were respondent to
thing happen to him there, it may, though not in
make good the body of a prisoner. And, if any
this case, yet in some others, make an aspersion
and reflection upon the state itself.
son is utterly out of his own defence; his own
For the per-
care and providence can serve him nothing.
is in custody and preservation of law; and we
He
know, that when a state is in preservation of law,
have a maxim in our law, as my lords the judges
forbid but the like should be for the persons of
nothing can destroy it, or hurt it.
And God
those that are in custody of law; and therefore
this was a circumstance of great aggravation.

manner, as it appears now by matter of record;
Lastly, to have a man chased to death in such

for other privacy of the cause I know not, by think, I may truly affirm, that there was never in poison after poison; first roseaker, then arsenic, this kingdom, nor in any other kingdom, the then mercury sublimate, then sublimate again; it blood of a private gentleman vindicated "cum is a thing would astonish man's nature to hear it. tanto motu regni," or, to say better, "cum tanto The poets feign, that the Furies had whips, that plausu regni." If it had concerned the king or they were corded with poisonous snakes; and a prince, there could not have been greater nor man would think that this were the very case, to better commissioners to examine it. The term have a man tied to a post, and to scourge him to hath been almost turned into a "justitium," or death with snakes; for so may truly be termed vacancy; the people themselves being more diversity of poisons. willing to be lookers on in this business, than to follow their own. There hath been no care of discovery omitted, no moment of time lost. And, therefore, I will conclude this part with the saying of Solomon, "Gloria Dei celare rem, et gloria regis scrutari rem." And his majesty's honour is much the greater for that he hath showed to the world in this business, as it hath relation to my Lord of Somerset, whose case in no sort I do prejudge, being ignorant of the secrets of the cause, but taking him as the law takes him hitherto, for a subject, I say, the king hath to his great honour showed, that were any man, in such a case of blood, as the signet upon his right hand, as the Scripture says, yet would he put him off.

Now I will come to that which is the principal; that is, his majesty's princely, yea, and, as I may truly term it, sacred proceeding in this cause. Wherein I will speak of the temper of his justice, and then of the strength thereof.

First, it pleased my lord chief justice to let me know, that which I heard with great comfort, which was the charge that his majesty gave to himself first, and afterwards to the commissioners in this case, worthy certainly to be written in letters of gold, wherein his majesty did forerank and make it his prime direction, that it should be carried, without touch to any that was innocent; nay, more, not only without impeachment, but without aspersion: which was a most noble and princely caution from his majesty; for men's reputations are tender things, and ought to be, like Christ's coat, without seam. And it was the more to be respected in this case, because it met with two great persons; a nobleman that his majesty had favoured and advanced, and his lady, being of a great and honourable house: though I think it be true that the writers say, That there is no pomegranate so fair or so sound, but may have a perished kernel. Nay, I see plainly, that in those excellent papers of his majesty's own handwriting, being as so many beams of justice issuing from that virtue which doth shine in him; I say, I see it was so evenly carried, without prejudice, whether it were a true accusation of the one part, or a practice of a false accusation on the other, as showed plainly that his majesty's judgment was "tanquam tabula rasa," as a clean pair of tables, and his ear" tanquam janua aperta," as a gate not side open, but wide open to truth, as it should be by little and little discovered. Nay, I see plainly, that, at the first, till farther light did break forth, his majesty was little moved with the first tale, which he vouchsafeth not so much as the name of a tale; but calleth it a rumour, which Is a heedless tale.

Now will I come to the particular charge of these gentlemen, whose qualities and persons I respect and love; for they are all my particular friends: but now I can only do this duty of a friend to them, to make them know their fault to the full.

And, therefore, first, I will by way of narrative declare to your lordships the fact, with the occasion of it; then you shall have their confessions read, upon which you are to proceed, together with some collateral testimonies by way of aggravation: and, lastly, I will note and observe to your lordships the material points which I do insist upon for their charge, and so leave them to their answer: and this I will do very briefly, for the case is not perplexed.

That wretched man, Weston, who was the actor or mechanical party in this impoisonment, at the first day being indicted by a very substantial jury of selected citizens, to the number of nineteen, who found "billa vera," yet, nevertheless, at the first stood mute: but after some days' intermission, it pleased God to cast out the dumb devil, and that he did put himself upon his trial; and was, by a jury also of great value, upon his confession, and other testimonies, found guilty: so as thirty-one sufficient jurors have passed upon As for the strength or resolution of his majesty's him. Whereupon judgment and execution was justice, I must tell your lordships plainly; I do awarded against him. After this, being in prenot marvel to see kings thunder out justice in paration for another world, he sent for Sir John cases of treason, when they are touched them- Overbury's father, and falling down upon his selves; and that they are "vindices doloris knees, with great remorse and compunction, asked proprii:" but that a king should, "pro amore him forgiveness. Afterwards, again, of his own justitiæ" only, contrary to the tide of his own motion, desired to have his like prayer of forgiveaffection, for the preservation of his people, take ness recommended to his mother, who was ab such care of a cause of justice, that is rare and sent. And at both times, out of the abundance of worthy to be celebrated far and near. For, I his heart, confessed that he was to die justly, and

that he was worthy of death. And after, again, at his execution, which is a kind of sealing-time of confessions, even at the point of death, although there were tempters about him, as you shall hear by-and-by, yet he did again confirm publicly, that his examinations were true, and that he had been justly and honourably dealt with. Here is the narrative, which induceth the charge. The charge itself is this.

ships, that this infusion of a slander into a king's ear, is of all forms of libels and slanders the worst. It is true, that kings may keep secret their informations, and then no man ought to inquire after them, while they are shrined in their breast. But where a king is pleased that a man shall answer for his false information; there, I say, the false information to a king exceeds in offence the false information of any other kind; being a kind, since we are in a matter of poison, of impoisonment of a king's ear. And thus much for the offence of M. L.

For the offence of S. W. and H. I., which I said was in consort, it was shortly this. At the time and place of the execution of Weston, to supplant his Christian resolution, and to scandal

Mr. L., whose offence stands alone single, the offence of the other two being in consort; and yet all three meeting in their end and centre, which was to interrupt or deface this excellent piece of justice; Mr. L., I say, meanwhile between Weston's standing mute and his trial, takes upon him to make a most false, odious, and libellous relation, containing as many untruths asize the justice already past, and perhaps to cut lines, and sets it down in writing with his own hand, and delivers it to Mr. Henry Gibb, of the bed-chamber, to be put into the king's hand; in which writing he doth falsify and pervert all that was done the first day at the arraignment of Weston; turning the pike and point of his imputations principally upon my Lord Chief Justice of England; whose name, thus occurring, I cannot pass by, and yet I cannot skill to flatter. But this I will say of him, and I would say as much to ages, if I should write a story; that never man's person and his place were better met in a business, than my Lord Coke and my lord chief justice, in the cause of Overbury.

Now, my lords, in this offence of M. L., for the particulars of these slanderous articles, I will observe them unto you when the writings and examinations are read; for I do not love to set the gloss before the text. But, in general, I note to your lordships, first, the person of M. L. I know he is a Scotch gentleman, and thereby more ignorant of our laws and forms: but I cannot tell whether this doth extenuate his fault in respect of ignorance, or aggravate it much, in respect of presumption; that he would meddle in that that he understood not: but I doubt it came not out of his quiver: some other man's cunning wrought upon this man's boldness. Secondly, I may note unto you the greatness of the cause, wherein he, being a private mean gentleman, did presume to deal. M. L. could not but know to what great and grave commissioners the king had committed this cause; and that his majesty in his wisdom would expect return of all things from them to whose trust he had committed this business. For it is the part of commissioners, as well to report the business, as to manage the business; and then his majesty might have been sure to have had all things well weighed, and truly informed: and, therefore, it should have been far from M. L. to have presumed to have put forth his hand to so high and tender a business, which was not to be touched but by employed hands. Thirdly, I note to your lord

off the thread of that which is to come, these gentlemen, with others, came mounted on horseback, and in a ruffling and facing manner put themselves forward to re-examine Weston upon questions: and what questions? Directly cross to that that had been tried and judged. For what was the point tried? That Weston had poisoned Overbury. What was S. W.'s question? Whether Weston did poison Overbury or no? A contradictory directly: Weston answered only, that he did him wrong; and turning to the sheriff, said, You promised me I should not be troubled at this time. Nevertheless, he pressed him to answer; saying he desired to know it, that he might pray with him. I know not that S. W. is an ecclesiastic, that he should cut any man from the communion of prayer. And yet for all this vexing of the spirit of a poor man, now in the gates of death; Weston, nevertheless, stood con stant, and said, I die not unworthily; my lord chief justice hath my mind under my hand, and he is an honourable and just judge. This is S. W. his offence.

For H. I., he was not so much a questionist; but wrought upon the other's questions, and, like a kind of confessor, wished him to discharge his conscience, and to satisfy the world. What world? I marvel! it was sure the world at Ty burn. For the world at Guildhall, and the world at London, was satisfied before; "teste" the bells that rung. But men have got a fashion now-adays, that two or three busy-bodies will take upon them the name of the world, and broach their own conceits, as if it were a general opinion. Well, what more? When they could not work upon Weston, then H. I. in an indignation turned about his horse, when the other was turning over the ladder, and said, he was sorry for such a conclusion; that was, to have the state ho noured or justified; but others took and reported his words in another degree: but that I leave, seeing it is not confessed.

H. I., his offence had another appendix, before

this in time; which was, that at the day of the verdict given up by the jury, he also would needs give his verdict, saying openly, that if he were of the jury, he would doubt what to do. Marry, he saith, he cannot tell well whether he spake this before the jury had given up the verdict, or after; wherein there is little gained. For whether H. I. were a pre-juror or a post-juror, the one was to prejudge the jury, the other as to taint them. Of the offence of these two gentlemen in general, your lordships must give me leave to say, that it is an offence greater and more dangerous than is conceived. I know well that, as we have no Spanish inquisitions, nor justice in a corner; so we have no gagging of men's mouths at their death: but that they may speak freely at the last But now your lordships shall hear the exami. hour; but then it must come from the free motion nations themselves, upon which I shall have ocof the party, not by temptation of questions.casion to note some particular things, &c.

The questions that are to be asked ought to tend to farther revealing of their own or others guiltiness; but to use a question in the nature of a false interrogatory, to falsify that which is "res judicata," is intolerable. For that were to erect a court of commission of review at Tyburn, against the King's Bench at Westminster. And, besides, it is a thing vain and idle: for if they answer according to the judgment past, it adds no credit; or if it be contrary, it derogateth nothing: but yet it subjecteth the majesty of justice to popular and vulgar talk and opinion.

My lords, these are great and dangerous offences; for if we do not maintain justice, justice will not maintain us.

A CHARGE DELIVERED

BY SIR FRANCIS BACON, KNIGHT,

THE KING'S SOLICITOR-GENERAL,

AT THE

ARRAIGNMENT OF THE LORD SANQUHAR,

IN THE KING'S BENCH AT WESTMINSTER.

THE ARGUMENT.

The Lord Sanquhar, a Scotch nobleman, having, in private revenge, suborned Robert Carlile to murder John Turner, master of fence, thought, by his greatness, to have borne it out; but the king, respecting nothing so much as justice, would not suffer nobility to be a shelter for villany; but, according to law, on the 29th of June, 1612, the said Lord Sanquhar, having been arraigned and condemned, by the name of Robert Creighton, Esq., was, before Westminster-hall Gate, executed, where he died very penitent. At whose arraignment my Lord Bacon, then solicitor-general to King James, made this speech following:

In this cause of life and death, the jury's part | agree, in some sort extenuates it; for certainly, is in effect discharged; for after a frank and formal as even in extreme evils there are degrees; so confession, their labour is at an end: so that what hath been said by Mr. Attorney, or shall be said by myself, is rather convenient than ne

cessary.

My Lord Sanquhar, your fault is great, and cannot be extenuated, and it need not be aggravated; and if it needed, you have made so full an anatomy of it out of your own feeling, as it cannot be matched by myself, or any man else, out of conceit; so as that part of aggravation I leave. Nay, more, this Christian and penitent course of yours draws me thus far, that I will

this particular of your offence is such as, though it be foul spilling of blood, yet there are more foul: for if you had sought to take away a man's life for his vineyard, as Ahab did; or for envy, as Cain did; or to possess his bed, as David did; surely the murder had been more odious.

Your temptation was revenge, which the more natural it is to man, the more have laws both divine and human sought to repress it; "Mihi vindicta." But in one thing you and I shall never agree, that generous spirits, you say, are hard to forgive: no, contrariwise, generous and magna