not to expatiate, nor digresse upon any other points, that maye not serve clearlie for probation or inducement

of that point, quhairof he is accused.

The first to prove the malice, which Somerset bore to Overbury, which was the motive and ground of the impoisonment.

The second is to prove the preparations unto the impoisonment, by plotting his imprisonment, placing his keepers, stopping access of friends, etc.

| carried himself insolently, both towards the queen, and towards the late prince: that he was a man, that carried Somerset on in courses separate and opposite to the privy council: that he was a man of nature fit to be an incendiary of a state: full of bitterness and wildness of speech and project: that he was thought also lately to govern Somerset, insomuch that in his own letters he vaunted, that from him proceeded Somerset's fortune, credit, and understanding."

This course I mean to run in a kind of geneThe third is the acts of the rality, putting the imputations rather upon Overimpoisonments themselves. bury than Somerset; and applying it, that such And the fourth is acts sub-a nature was like to hatch dangerous secrets and sequent, which do vehement-practices. I mean to show likewise what jargons ly argue him to be guilty of there were and ciphers between them, which are the impoisonment. great badges of secrets of estate, and used either by princes and their ministers of state, or by such as practise against princes. That your majesty was called Julius in respect of your empire; the queen Agrippina, though Somerset now saith it was Livia, and that my Lady of Suffolk was Agrippina; the Bishop of Canterbury Unclius ; Northampton, Dominic; Suffolk, first Lerma, after Wolsey; and many others; so as it appears they made a play both of your court and kingdom; and that their imaginations wrought upon the greatest men and matters.

For the first two heads, upon conference, whereunto I called Serjeant Montagu and Serjeant Crew, I have taken them two heads to myself; the third I have allotted to Serjeant Montagu; and the fourth to Serjeant Crew.

In the first of these, to my understanding, is the only tenderness: for on the one side, it is most necessary to lay a foundation, that the malice was a deep malice, mixed with fear, and not only matter of revenge upon his lordship's quarrel; for "periculum periculo vincitur;" and the malice must have a proportion to the effect of it, which was the impoisonment; so that if this foundation be not laid, all the evidence is weakened.

On the other side, if I charge him, or would charge him, by way of aggravation, with matters tending to disloyalty or treason, then he is like to grow desperate.

Therefore I shall now set down perspicuously what course I mean to hold, that your majesty may be pleased to direct and correct it, preserving the strength of the evidence: and this I shall now do, but shortly and without ornament.

First, I shall read some passages of Overbury's letters, namely these: "Is this the fruit of nine years' love, common secrets, and common dangers?" In another letter: "Do not drive me to extremity to do that, which you and I shall be sorry for." In another letter: "Can you forget him, between whom such secrets of all kinds have passed?" etc.

Then will I produce Simcock, who deposeth from Weston's speech, that Somerset told Weston, that, “if ever Overbury came out of prison, one of them must die for it."

Neither will I omit Somerset's breach of trust to your majesty, in trusting Overbury with all the despatches, things, wherewith your council of estate itself was not many times privy or acquainted; and yet, this man must be admitted to them, not cursorily, or by glimpses, but to have them by him, to copy them, to register them, to table them, etc. Apostyle of the king.

This evidence cannot be given in without making me his accuser, and that upon a very slight ground. As for all the subsequent evidences, they are all so little evident, as una litura may serve thaime all.

Then I will say what these secrets were. I mean not to enter into particulars, nor to charge him with disloyalty, because he stands to be tried for his life upon another crime. But yet by some taste, that I shall give to the peers in general, they may conceive of what nature those secrets may be. Wherein I will take it for a thing notorious, that Overbury was a man, that always merset, and de

Nothing to So

I shall also give in evidence, in this place, the slight account of that letter, which was brought to Somerset by Ashton, being found in the fields soon after the late prince's death, and was directed to Antwerp, containing these

words, "that the first branch was cut from the tree, and that he should, ere long, send happier and joyfuller news."

Which is a matter I would not use, but that my Lord Coke, who hath filled this part with many frivolous things, would think all lost, except he hear somewhat of this kind. But, this it is to come to the leavings of a business.

And, for the rest of that kind, as to speak of that par

ticular, that Mrs. Turner did | time between the use of the little charm, or, as
at Whitehall show to Franklin his majesty better terms it, "the evangile,”* and
the man, who, as he said, poi- the day of his trialf notwithstanding his majesty's
soned the prince, which, he being so far off, as advertisement of success and
says, was a physician with a order thereupon could not go and come between,
red beard.
was chiefly, for that his majesty, from whom the
overture of that first moved, did write but a few
hours, that this should be done, which I turned
into days. Secondly, because the hope I had of
effect by that mean, was rather of attempting him
at his arraignment, than of confession before his
arraignment. But I submit it to his majesty's
better judgment.

Somerset's business and charge, with his majesty's and one that was used to Helwisse, should preach

before the lady,* and teach her, and move her generally to a clear confession. That after the same preacher should speak as much to him at his going away in private: and so proof to be made, whether this good mean, and the last night's thoughts, will produce any thing. And that this day the lieutenant should declare to her the time of her trial, and likewise of his trial, and persuade her, not only upon Christian duty, but as good for them both, that she deal clearly touching him, whereof no use can be made, nor need to be made, for evidence, but much use may be made for their comfort.

It is thought, at the day of her trial the lady will confess the indictment; which if she do, no evidence ought to be given. But because it shall not be a dumb show, and for his majesty's honour in so solemn an assembly, I purpose to make a declaration of the proceedings of this great work of justice, from the beginning to the end, wherein, nevertheless, I will be careful no ways to prevent or discover the evidence of the next day. In this my lord chancellor and I have likewise used a point of providence: for I did forecast, that if in that narrative, by the connection of things, any thing should be spoken, that should show him guilty, she might break forth into passionate protestations for his clearing; which, though it may be justly made light of, yet it is better avoided. Therefore my lord chancellor and I have devised, that upon the entrance into that declaration she shall, in respect of her weakness, and not to add farther affliction, be withdrawn.

It is impossible, neither is it needful, for me, to express all the particulars of my care in this business. But I divide myself into all cogitations as far as I can foresee; being very glad to find, that his majesty doth not only accept well of my care and advices, but that he applieth his directions so fitly, as guideth me from time to time.

I have received the commissions signed.
I am not forgetful of the goods and estate of
Somerset, as far as is seasonable to inquire at this
time. My Lord Coke taketh upon him to answer
for the jewels, being the chief part of his move-
able value and this, I think, is done with his
majesty's privity. But my Lord Coke is a good
man to answer for it.

God ever preserve and prosper you. I rest
Your true and devoted servant,
FR. BACON.

May 10, Friday, at 7 of the clock
in the morning, [1616.]

TO THE KING.†

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,
I do very much thank your majesty for your
Jetter, and think myself much honoured by it.

For though it contain some matter of dislike, in which respect it hath grieved me more than any event, which hath fallen out in my life; yet because I know reprehensions from the best masters to the best servants are necessary; and that no chastisement is pleasant for the time, but yet worketh good effects; and for that I find intermixed some passages of trust and grace; and find also in myself inwardly sincerity of intention, and conformity of will, howsoever I may have erred; I do not a little comfort myself, resting upon your majesty's accustomed favour; and most humbly desiring, that any one of my particular notions may be expounded by the constant and direct course, which, your majesty knoweth, I have ever held in your service.

And because it hath pleased your majesty, of your singular grace and favour, to write fully and freely unto me; it is duty and decorum in me not to write shortly to your majesty again, but with some length; not so much by way of defence or answer, which yet, I know, your majesty would always graciously admit; as to show, that I have, as I ought, weighed every word of your majesty's letter.

First, I do acknowledge, that this match of Sir John Villiers is "magnum in parvo" in both senses, that your majesty speaketh. But your majesty perceiveth well, that I took it to be in a farther degree, "majus in parvo," in respect of your service. But since your majesty biddeth me to confide upon your act of empire, I have done. For, as the Scripture saith, "to God all things are possible;" so certainly to wise kings much is possible. But for that second sense, that your majesty speaketh of, "magnum in parvo," in respect of the stir; albeit it being but a most lawful and ordinary thing, I most humbly pray your majesty to pardon me, if I signify to you, that we here take the loud and vocal, and as I may call it, streperous carriage to have been far more on the other side, which indeed is inconvenient, rather than the thing itself.

Now, for the manner of my affection to my Lord of Buckingham, for whom I would spend my life, and that which is to me more, the cares of my life; I must humbly confess, that it was in this a little parent-like, this being no other term, than his lordship hath heretofore vouchsafed to my counsels; but in truth, and it please your majesty, without any grain of disesteem for his lordship's discretion. For I know him to be naturally a wise man, of a sound and staid wit, as I ever said unto your majesty. And, again, I know he hath the best tutor in Europe. But yet I was afraid, that the height of his fortune might make him too secure; and as the proverb is, a looker-on sometimes seeth more than a gamester.

answer to it, to have been written at Gorhambury, July 25, Frances, Countess of Somerset. 1617. That printed with this date in his Works, should be This letter appears, from the endorsement of the king's August 2, 1617, as I find by the original draught of it.

For the particular part of a true friend, which your majesty witnesseth, that the earl hath lately performed towards me, in palliating some errors of mine; it is no new thing with me to be more and more bound to his lordship; and I am most humbly to thank, whatsoever it was, both your majesty and him; knowing well, that I may, and do commit many errors, and must depend upon your majesty's gracious countenance and favour for them, and shall have need of such a friend near your majesty. For I am not so ignorant of mine own case, but that I know I am come in with as strong an envy of some particulars, as with the love of the general.

For my opposition to this business, which, it seemeth, hath been informed your majesty, I think it was meant, if it be not a thing merely feigned, and without truth or ground, of one of these two things; for I will dissemble nothing with your majesty. It is true, that in those matters, which, by your majesty's commandment and reference, came before the table concerning Sir Edward Coke, I was sometimes sharp, it may be too much; but it was with end to have your majesty's will performed; or else, when methought he was more peremptory than became him, in respect of the honour of the table. It is true also, that I dislike the riot or violence, whereof we of your council gave your majesty advertisement by our joint letter: and I disliked it the more, because he justified it to be law; which was his old song. But in that act of council, which was made thereupon, I did not see but all my lords were as forward as myself, as a thing most necessary for preservation of your peace, which had been so carefully and firmly kept in your absence. And all this had a fair end, in a reconcilement made by Mr. Attorney, whereby both husband and wife and child should have kept together. Which, if it had continued, I am persuaded the match had been in better and fairer forwardness, than now it is.

larly perceive an alteration in my carriage. And
now that your majesty hath been pleased to open
yourself to me, I shall be willing to further the
match by any thing, that shall be desired of me,
or that is in my power.

dregs of spleen in me by the word "Mr. Bacon;"
And whereas your majesty conceiveth some
truly it was but to express in thankfulness the
comparative of my fortune unto your majesty, the
author of the latter, to show how little I needed
to fear, while I had your favour. For, I thank
God, I was never vindictive nor implacable.

As for my opinion of prejudice to your majes-
I do humbly acquiesce in your majesty's satisfac-
ty's service, as I touched it before, I have done;
tion, and rely upon your majesty's judgment,
who unto judgment have also power, so to mingle
the elements, as may conserve the fabric.

do not doubt but it was increased by this, that I
For the interest, which I have in the mother, I
in judgment, as I then stood, affected that which
she did in passion. But I think the chief obliga-
tion was, that I stood so firmly to her in the mat-
ter of her assurance, wherein I supposed I did
your majesty service, and mentioned it in a me-
morial of council-business, as half craving thanks
for it. And sure I am now, that, and the like,
hath made Sir Edward Coke a convert, as I did
write to your majesty in my last.

easily subscribe to your majesty's answer; for
For the collation of the two spirits, I shall
Solomon were no true man, if in matter of malice
the woman should not be the superior.

plainness of truth, the parts of your majesty's
To conclude, I have gone through, with the
letter: very humbly craving pardon for troubling
your majesty so long; and most humbly praying
your majesty to continue me in your grace and
favour, which is the fruit of my life upon the
root of a good conscience. And although time in
this business have cast me upon a particular,
passion or interest; yet God is my witness, that
which, I confess, may have probable show of
the thing, that most moved me, was an anxious
and solicitous care of your majesty's state and
service, out of consideration of the time past and
present.

Now, for the times of things, I beseech your majesty to understand that which my Lord of Buckingham will witness with me, that I never had any word of letter from his lordship of the business, till I wrote my letter of advice; nor again, after my letter of advice, till five weeks after, which was now within this sennight. So that although I did in truth presume, that the earl would do nothing without your majesty's privity; yet I was in some doubt, by this his silence of his own mind, that he was not earnest in it, but only was content to embrace the officious offers ADVICE TO THE KING FOR REVIVING THE and endeavours of others.

But, to conclude this point, after I had received, by a former letter of his lordship, knowledge of his mind, I think Sir Edward Coke himself, the last time he was before the lords, might particu

* Sir Henry Yelverton.

send you a joyful return after your prosperous
God ever preserve and bless your majesty, and
journey.

COMMISSION OF SUITS.

spoken with his majesty about, as a matter
THAT, which for the present I would have
wherein time may be precious, being upon the
tenderest point of all others. For, though the
particular occasion may be despised, and yet

nothing ought to be despised in this kind, yet the counsel thereupon I conceive to be most sound and necessary, to avoid future perils.

when judgment is given, there be a faithful report made of the reason thereof.

The accounts of the summer-circuits, as well as that of the lent-circuit, shall be ready against his majesty's coming. They will also be ready with some account of their labours concerning Sir Edward Coke's Reports: wherein I told them his majesty's meaning was, not to disgrace the person, but to rectify the work, having in his royal contemplation rather posterity than the present:

The cause of the Egertons I have put off, and shall presently enter into the treaty of accord, according to his majesty's commandment, which is well tasted abroad, in respect of his compassion towards those ancient families.

There is an examination taken within these few days, by Mr. Attorney, concerning one Baynton, or Baynham, for his name is not yet certain, attested by two witnesses, that the said Baynton, without any apparent show of being overcome with drink, otherwise than so as might make him less wary to keep secrets, said, that he had been lately with the king, to petition him for reward of service; which was denied him. The two points touching the peace of the middle Whereupon it was twice in his mind to have kill-shires, I have put to a consult with some selected ed his majesty. The man is not yet apprehend- judges. ed, and said by some to be. mad, or half-mad; which, in my opinion, is not less dangerous; for such men commonly do most mischief; and the manner of his speaking imported no distraction. But the counsel I would out of my care ground hereupon is, that his majesty would revive the commission for suits, which hath been now for these three years, or more, laid down. For it may prevent any the like wicked cogitations, which the devil may put into the mind of a roarer York House, October 11, 1617. or swaggerer, upon a denial: and, besides, it will free his majesty from much importunity, and save his coffers also. For I am sure when I was a commissioner, in three whole years' space there passed scarce ten suits that were allowed. And I doubt now, upon his majesty's coming home from this journey, he will be much troubled with petitions and suits; which maketh me think this remedy more seasonable. It is not meant, that suits generally should pass that way, but only such suits as his majesty would

be rid on.

Endorsed,

September 21, 1617.

To revive the commission of suits. For the king.

TO THE EARL OF BUCKINGHAM.

MY VERY GOOD LORD,

It may please your lordship to let his majesty understand, that I have spoken with all the judges, signifying to them his majesty's pleasure touching the commendams. They all "una voce" did reaffirm, that his majesty's powers, neither the power of the crown, nor the practised power by the archbishop, as well in the commendam "ad recipiendum," as the commendam "ad retinendum," are intended to be touched; but that the judgment is built upon the particular defects and informalities of this commendam now before them. They received with much comfort, that his majesty took so well at their hands the former stay, and were very well content and desirous, that VOL. II.-66

God ever preserve and prosper your lordship, according to the faithful and fervent wishes of Your lordship's true friend and devoted servant, FR. BACON.

TO THE LORD KEEPER.*
MY HONOURABLE LORD,

I have delivered the judges' advice, touching the middle shires, unto his majesty, who liketh it very well. As for the point of law, his majesty will consider of it at more leisure, and then send

you his opinion thereof. And so I rest
Your lordship's faithful friend and servant,
G. BUCKINGHAM.

Hinchinbroke, the 22d of Oct. 1617.

TO THE LORD KEEPER.+

MY HONOURABLE LORD,

Understanding, that Thomas Hukeley, a merchant of London, of whom I have heard a good report, intendeth to bring before your lordship in chancery a cause depending between him, in right of his wife, daughter of William Austen, and one John Horsmendon, who married another daughter of the said Austen; I have thought fit to desire your lordship to give the said Thomas Hukeley a favourable hearing when his cause shall come before you; and so far to respect him for my sake, as your lordship shall see him grounded upon equity and reason; which is no more than, I as sure myself, your lordship will grant readily, as it is desired by

Your lordship's faithful friend and servant,
G. BUCKINGHAM.

Endorsed, November 17, 1617.