present; whereby your majesty may perceive, SUPPLEMENT OF TWO PASSAGES OMITTED IN THE EDITION OF SIR FRANCIS BACON'S After the words [it is bottomless] in the paragraph [I said in the beginning, that this treason, in the nature of it, was old. It is not of the treasons, whereof it may be said, "from the beginning it was not so." You are indicted, Owen, not upon any statute made against the pope's supremacy, or other matters, that have reference to religion; but merely upon that law, which was born with the kingdom, and was law even in superstitious times, when the pope was received. The compassing and imagining of the king's death was that this miscreant wretch goeth back from all, and denieth his hand and all. No doubt, being fully of belief, that he should go presently down to his trial, he meant now to repeat his part, which he purposed to play in the country, which was to deny all. But your majesty in your wisdom perceiveth, that this denial of his hand, being not possible to be counterfeited, and to be sworn by Adams, and so oft by himself formerly confessed and admitted, could not mend his case before any jury in the world, but rather aggravateth it by his notorious impudency and falsehood, and will make him more odious. He never deceived me; for when others had hopes of discovery, and thought time well spent that way, I told your majesty "pereuntibus mille figuræ;" and that he now did but turn himself into divers shapes, to save or treason. The statute of the 25th of Edward III., delay his punishment. And, therefore, submitting myself to your majesty's high wisdom, I think myself bound in conscience to put your majesty in remembrance, whether Sir John Sydenham* shall be detained upon this man's impeaching, in whom there is no truth. Notwithstanding, that farther inquiry be made of this other Peacham, and that information and light be taken from Mr. Poulett and his servants, I hold it, as things are, rides the western circuit, can be drawn to jump with his col league, the chief baron, [Tanfield,] it is thought he shall be sent down to be tried, and trussed up in Somersetshire." In a letter of the 2d of March, 1614-5, Mr. Chamberlain writes, journey stayed, though Sir Randall Crew, the king's serjeant, and Sir Henry Yelverton, the solicitor, were ready to go to horse to have waited on him there." "Peacham, the minister, adds he in a letter of the 13th of July, 1615, that hath been this twelvemonth in the Tower, is sent down to be tried for treason in Somersetshire before the Lord Chief Baron, and Sir Henry Montagu, the recorder. The Lord Hobart gave "Peacham's trial at the western assizes is put off, and his over that circuit the last assizes. Sir Randall Crew and Sir Henry Yelverton, the king's serjeant and solicitor, are sent down to prosecute the trial." The event of this trial, which was on the 7th of August, appears from Mr. Chamberlain's letter of the 14th of that month, wherein it is said, that “seven knights were taken from the bench, and appointed to be of the jury. He defended himself very simply, but obstinately and doggedly enough. But his offence was so foul and scandalous, that he was condemned of high treason; yet not hitherto executed, nor perhaps shall be, if he have the grace to submit himself, and show some remorse." He died, as appears from another letter of the 27th of March, 1616, in the jail at Taunton, where he was said to have "left behind a most wicked and desperate writing, worse than that he was convicted for." He had been confronted about the end of February, or beginning of March, 1614-5, with Mr. Peacham, about certain speeches, which had formerly passed between them. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from London, March 2, 1614-5. + John Poulet, Esq.; knight of the shire for the county of Somerset, in the parliament which met April 5, 1614. He was created Lord Poulet of Henton St. George, June 23, 1627. which was but declaratory, begins with this article, as the capital of capitals in treason, and of all others the most odious and the most perilous.] And so the civil law, etc. At the conclusion of his speech, after the words, ["the Duke of Anjou and the Papists,"] add [As for subjects, I see not, or ever could discern, but that by infallible consequence, it is the case of all subjects and people, as well as of kings; for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the pope to do it towards a king; and for a bishop to absolve the son from duty to the father, as for the pope to absolve the subject from his allegiance to his king. And this is not my inference, but the very affirmative of Pope Urban the Second, who in a brief to Godfrey, Bishop of Luca, hath these very words, which Cardinal Baronius reciteth in his Annals, tom. xi. p. 802. "Non illos homicidas arbitramur, qui adversus excommunicatos zelo catholicæ matris ardentes eorum quoslibet trucidare contigerit," speaking generally of all excommunications.] TO THE KING.† IT MAY PLEASE YOUR EXCELLENT MAJESTY, tion, whereof God giveth you so many great I rest your majesty's most humble November 17, 1615. FR. BACON. Innovations introduced into the laws and government.* prosecuted by my Lord Hunsdon* as your farmer. commission. cial councils. This later direction I acquainted my lord chan- 2. Against the provin- ence. Farther, I think fit to let your majesty know, that in my opinion I hold it a fit time to proceed in the business of the "Rege inconsulto," which is appointed for Monday. I did think these greater causes would have come to period or pause sooner: but now they are in the height, and to have so great a matter as this of the "Rege inconsulto" handled, when men do "aliud agere," I think it no proper time. Besides, your majesty in your great wisdom knoweth, that this business of Mr. Murray's is somewhat against the stream of the judge's inclination: and it is no part of a skilful mariner to sail on against a tide, when the tide is at strongest. If your majesty be pleased to write to my Lord Coke, that you would have the business of the "Rege inconsulto" receive a hearing, when he should be "animo sedato et libero," and not in the midst of his assiduous and incessant cares and industries 3. Against the Star in other practices, I think your majesty shall do 4. Against the admi- Thus praying God for your happy preserva 1617. John Carey, Baron of Hunsdon. He died in April, VOL. II.-65 ralty. In this he prevailed, and the commission was pared, and namely the point of alimony left out, whereby wives are left wholly to the tyranny of their husbands. This point, and some others, may require a review, and is fit to be restored to the commission. In this he prevaileth in such sort, as the prececents are continually suitors for the enlargement of the instructions, sometimes in one point, sometimes in another; and the jurisdictions grow into contempt, and more would, if the lord chancellor did not strengthen them by injunctions, where they exceed not their instructions. In this he was overruled by the sentence of the court; but he bent all his strength and wits to have prevailed; and so did the other judges by long and laborious arguments: and if they had prevailed, the authority of the court had been overthrown. But the plurality of the court toook more regard to their own precedents, than to the judges' opinion. In this he prevaileth, for prohibitions fly continually; and many times are cause of long This paper was evidently designed against the Lord Chief Justice Coke. 5. Against the court of the duchy of Lancaster prohibitions go; and the like may do to the court of wards and exchequer. 6. Against the court of requests. 7. Against the chancery for decrees after judg ment. 8. Præmunire for suits in the chancery. 9. Disputed in the common pleas, whether that court may grant a prohibition to stay suits in the chancery, and time given to search for precedents. 10. Against the new boroughs in Ireland. 11. Against the writs "Dom. Rege inconsulto." 12. Against contribution, that it was not This was but a brave- 14. Owen's case. ry, and dieth of itself, especially the authority of the chancery by his majesty's late proceedings being so well established. This in good time was overruled by the voice of eight judges of ten, after they had heard your attorney. And had it prevailed, it had overthrown the parliament of Ireland, which would have been imputed to a fear in this state to have proceeded; and so his majesty's authority and reputation lost in that kingdom. This is yet" sub judice:" but if it should prevail, it maketh the judges absolute over the patents of the king, be they of power and profit, contrary to the ancient and ever continued law of the crown, which doth call those causes before the king himself, as he is represented in chancery. In this he prevailed, and gave opinion, that 15. The value of bene fices not to be according to the tax in the king's book of taxes. 16. Suits for legacies ought to be in their proper dioceses, and not in the prerogative court; although the will be proved in the prerogative court upon "bona the king by his great seal could not so much as move any his subjects for benevolence. But this he retracted after in the Star Chamber; but it marred the benevolence in the mean time. In this, for as much as in him was, and in the court of king's bench, he prevailed, though it was holpen by the good service of others. But the opinion which he held, amounted in effect to this, that no word of scandal or defamation, importing that the king was utterly unable or unworthy to govern, were treason, except they disabled his title, etc. In this we prevailed with him to give opinion it was treason: but SIR FRANCIS BACON TO SIR GEORGE Touching the examination of Sir Robert Cotton may be again propoun- majesty's service, as is fit. Howbeit, for so much I RECEIVED your letter yesterday towards the evening, being the 8th of this present, together with the interrogatory included, which his majesty hath framed, not only with a great deal of judgment what to interrogate, but in a wise and apt order; for I do find that the degrees of questions are of great efficacy in examination. I received also notice and direction by your letter, that Sir Robert Cotton was first thoroughly to be examined; which indeed was a thing most necessary to begin with; and that for that purpose Sir John Digby was to inform my lord chancellor of such points, as he conceived to be material; and that I likewise should take a full account for my lord chief justice of all Sir Robert Cotton's precedent examinations. It was my part then to take care, that that, which his majesty had so well directed and expressed, should be accordingly performed without loss of time. For which purpose, having soon after the receipt of your letter received a letter from my lord chancellor, that he appointed Sir John Digby to be with him at two of the clock in the afternoon, as this day, and required my presence, I spent the mean time, being this forenoon, in receiving the precedent examinations of Sir Robert Cotton from my lord chief justice, and perusing of them; and accordingly attended my lord chancellor at the hour appointed, where I found Sir John Digby. At this meeting it was the endeavour of my lord chancellor and myself to take such light from Sir John Digby, as might evidence first the examination of Sir Robert Cotton; and then to the many examinations of Somerset; wherein we found Sir John Digby ready and willing to discover unto us what he knew; and he had also, by the lord chancellor's direction, prepared some heads of examination in writing for Sir Robert Cotton; of all which use shall be made for his Secretary Winwood, in a private letter to Sir Thomas Edmondes, printed in the Historical View of the Negotiations between the Courts of England, France, and Brussels, p. 392, mentions, that there was great expectation, that Sir John Digby, just then returned from Spain, where he had been ambassador, could charge the Earl of Somerset with some treasons and plots with Spain. "To the king," adds Sir Ralph, "as yet he hath used no other language, but that, having served in a place of honour, it would ill become him to be an accuser. Legally or criminally he can say nothing: yet this he says and hath written, that all his private despatches, wherein he most discovered the practices of Spain, and their intelligences, were presently sent into Spain; which could not be but by the treachery of Somerset." But herein no time is lost; for my lord chancellor, who is willing, even beyond his strength, to lose no moment for his majesty's service, hath appointed me to attend him Thursday morning for the examination of Sir Robert Cotton, leaving tomorrow for council-business to my lord, and to me for considering of fit articles for Sir Robert Cotton. 10 April, 1616. SIR FRANCIS BACON TO THE JUDGES. MY LORD, It is the king's express pleasure, that because his majesty's time would not serve to have conference with your lordship and his judges touch ing his cause of commendams at his last being in town, in regard of his majesty's other most weighty occasions; and for that his majesty holdeth it necessary, upon the report, which my Lord of Winchester, who was present at the last argument by his majesty's royal commandment, made to his majesty, that his majesty be first consulted with, ere there be any further proceeding by argument by any of the judges or otherwise: Therefore, that the day appointed for the farther proceeding by argument of the judges in that case be put off till his majesty's farther pleasure be known upon consulting him; and to that end, that your lordship forthwith signify his commandment to the rest of the judges; whereof your lordship may not fail. And so I leave your lord- and it may be he will be in the better temper, WHETHER the axe is to be carried before the prisoner, being in the case of felony ? Whether, if the lady make any digression to clear his lordship, she is not by the lord steward to be interrupted and silenced? 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 IT were good, that after he is come 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 Whether, if my Lord of Somerset should break tax the king,* that the justice of England is, that forth into any speech of taxing the king, he be he shall be taken away, and the evidence shall go not presently by the lord steward to be inter- on without him; and then all the people will cry rupted and silenced; and, if he persist, he be not away with him;" and then it shall not be in to be told, that if he take that course, he is to be the king's will to save his life, the people will 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 twelve votes to condemn, and twelve or thirteen to acquit, it be not a verdict for the king? 66 so set on fire. Endorsed, Memorial touching the course to be had in my THE HEADS OF THE CHARGE AGAINST ROBERT, QUESTIONS OF CONVENIENCE, WHEREUPON Apostyle of the HIS MAJESTY MAY CONFER WITH SOME OF WHETHER, if Somerset confess at any time before his trial, his majesty shall stay trial in respect of farther 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 confess the less crime, there is [no] 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 farther 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 lady will confess of this lord; 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; See ante, page 321. king. Ye will doe well to remember lykewayes in your præamble, that insigne, that the only zeal to justice maketh me take this course. I have commandit you FIRST it is meant, that Somerset shall not be charged with any thing by way of aggravation, otherwise than as conduceth to the proof of the impoisonment. For the proofs themselves, they are distributed into four: The king's apprehension of being taxed by the Earl of Somerset on his trial, though for what is not known, accounts in some measure for his majesty's extreme uneasiness of mind till that trial was over, and for the management used by prevail upon the earl to submit to be tried, and to keep him in temper during his trial, lest he, as the king expressed it in an apostile on Sir Francis's letter of the 28th of April, 1616, upon the one part commit unpardonable errors, and I on the other Sir Francis Bacon in particular, as appears from his letters, to seem to punish him in the spirit of revenge. See more on this subject in Mr. Mallet's Life of the Lord Chancellor Bacon, who closes his remarks with a reference to a letter of Somerset to the king, printed in the Cabala, and written in a high style of expostulation, and showing, through the affected obscurity of some expressions, that there was an important secret in his keeping, of which his majesty dreaded a discovery. The earl and his lady were released from their confinement in the Tower in January, 1621-2, the latter dying August 23, 1632, leaving one daughter, Anne, then sixteen years of age, afterwards married to William, Lord Russel, afterwards earl, and at last Duke of Bedford. The Earl of Somerset survived his lady several years, and died in July, 1645, being interred on the 17th of that month in the church of St. Paul's, Covent Garden. |