by law, have the trial proceed, and stay or reprieve the judgment, which saveth the lands from forfeiture, and the blood from corruption. 3. Or whether you will have both trial and judgment proceed, and save the blood only, not from corrupting, but from spilling.

These be the depths of your majesty's mercy, which I may not enter into: but for honour and reputation, they have these grounds:

That the blood of Overbury is already revenged by divers executions.

That confession and penitency are the footstools of mercy; adding this circumstance likewise, that the former offenders did none of them make a clear confession.

That the great downfall of so great persons carrieth in itself a heavy judgment, and a kind of civil death, although their lives should not be taken.

All which may satisfy honour for sparing their lives. But if your majesty's mercy should extend to the first degree, which is the highest, of sparing the stage and the trial; then three things are to be considered:

First, That they make such a submission or deprecation, as they prostrate themselves, and all that they have, at your majesty's feet, imploring

your mercy.

Secondly, That your majesty, in your own wisdom, do advise what course you will take, for the utter extinguishing of all hopes of resuscitating of their fortunes and favour; whereof if there should be the least conceit, it will leave in men a great deal of envy and discontent.

And, lastly; Whether your majesty will not suffer it to be thought abroad, that there is cause of farther examination of Somerset, concerning matters of estate, after he shall begin once to be a confessant, and so make as well a politic ground, as a ground of clemency, for farther stay. And for the second degree, of proceeding to trial, and staying judgment, I must better inform myself by precedents, and advise with my lord chancellor.

The second case is, if that fall out which is likest, as things stand, and which we expect, which is, that the lady confess; and that Somerset himself plead not guilty, and be found guilty: In this case, first, I suppose your majesty will not think of any stay of judgment, but that the public process of justice pass on.

Secondly, For your mercy to be extended to both for pardon of their execution, I have partly touched in the considerations applied to the former case; whereunto may be added, that as there is ground of mercy for her, upon her penitency and free confession, and will be much more upon his finding guilty; because the malice on his part will be thought the deeper source of the offence; so there will be ground for mercy on his part, upon the nature of the proof; and because it rests chiefly VOL. II.-42

upon presumptions. For certainly there may be an evidence so balanced, as it may have sufficient matter for the conscience of the peers to convict him, and yet leave sufficient matter in the conscience of a king upon the same evidence to pardon his life; because the peers are astringed by necessity either to acquit or condemn; but grace is free: and, for my part, I think the evidence in this present case will be of such a nature.

Thirdly, It shall be my care so to moderate the manner of charging him, as it might make him not odious beyond the extent of mercy.

Lastly, All these points of mercy and favour are to be understood with this limitation, if he do not, by his contemptuous and insolent carriage at the bar, make himself incapable and unworthy of them.

The third case is, if he should stand mute and will not plead, whereof, your majesty knoweth, there hath been some secret question.

In this case I should think fit, that, as in public, both myself, and chiefly my lord chancellor, sitting then as Lord Steward of England, should dehort and deter him from that desperation; so, nevertheless, that as much should be done for him, as was done for Weston; which was to adjourn the court for some days, upon a Christian ground, that he may have time to turn from that mind of destroying himself; during which time your majesty's farther pleasure may be known.

The fourth case is that which I should be very sorry it should happen, but it is a future contingent; that is, if the peers should acquit him, and find him not guilty.

In this case the lord steward must be provided what to do. For, as it hath been never seen, as I conceive it, that there should be any rejecting of the verdict, or any respiting of the judgment of the acquittal; so, on the other side, this case requireth, that because there be many high and heinous offences, though not capital, for which he may be questioned in the Star Chamber, or otherwise, that there be some touch of that in general at the conclusion, by my Lord Steward of England; and that, therefore, he be remanded to the Tower as close prisoner.

For the matter of examination, or other proceedings, my lord chancellor with my advice hath set down,

To-morrow, being Monday, for the re-examination of the lady:

Wednesday next, for the meeting of the judges concerning the evidence:

Thursday, for the examination of Somerset himself, according to your majesty's instructions: Which three parts, when they shall be performed, I will give your majesty advertisement with speed, and in the mean time be glad to receive from your majesty, whom it is my part to inform truly, such directions or significations of your pleasure as this advertisement may induce,

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express, and they understand nothing of his majesty's pleasure of the manner of carrying the evidence, more than they may guess by observation of my example, which they may ascribe as much to my nature, as to direction; therefore, that his majesty would be pleased to write some few words to us all, signed with his own hand, that, the matter itself being tragical enough, bitterness and insulting be forborne; and that we remember our part to be to make him delinquent to the peers, and not odious to the people. That part of the evidence of the lady's exposition of the pronoun, He, which was first caught hold of by me, and afterwards by his majesty's singular wisdom and conscience excepted to, and now is by her re-examination retracted, I have given order to Serjeant Montague, within whose part it falleth, to leave it out of the evidence. I do yet crave pardon, if I do not certify touching the point of law for respiting the judgment, for I have not fully advised with my lord chancellor concerning it, but I will advertise it in time.

I send his majesty the lord steward's commission in two several instruments, the one to remain with my lord chancellor, which is that which is written in secretary-hand for his warrant, and is to pass the signet; the other, that whereunto the great seal is to be affixed, which is in chanceryhand his majesty is to sign them both, and to transmit the former to the signet, if the secretaries either of them be there; and both of them are to be returned to me with all speed. I ever rest Your true and devoted servant, May 5, 1616. FR. BACON.

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 inclinations were: but, nevertheless, that a 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, being touched with remorse, 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 farther 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 farther, 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 degree farther 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 have his trial.

Then did we proceed to examine him upon divers questions touching the impoisonment, which indeed were very material and supple

NATION.

IT MAY PLEASE YOUR MAJESTY,

We have done our best endeavours to perform your majesty's commission, both in matter and manner, for the examination of my Lord of Somerset; wherein that which passed, for the general, was to this effect; That he was to know his own case, for that his day of trial could not be far off; but that this day's work was that which would conduce to your majesty's justice little or nothing, but to your mercy much, if he did lay hold upon 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 most sad 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 needeth 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 ground whereon to work; that, as

his affirmatives gave some light, or his negatives do greatly falsify him in that which is apparently proved.

We made this farther 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 impoisonment very cold and modest. Thus, not thinking it necessary to trouble your majesty with any farther particulars, we end with prayer to God ever to preserve your majesty.

Your majesty's most loyal and faithful servant, FR. BACON.

Postscript. 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.

SIR,

TO SIR GEORGE VILLIERS.

I send you enclosed a warrant for my Lady of Somerset's pardon, reformed in that main and

material point, of inserting a clause [that she was not a principal, but an accessary before the fact, by the instigation of base persons.] Her friends think long to have it despatched, which I marvel not at, for that in matter of life moments are numbered.

I do more and more take contentment in his majesty's choice of Sir Oliver St. John, for his deputy of Ireland, finding, upon divers conferences with him, his great sufficiency; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time, shall work a good effect for his majesty's service.

It may please your good lordship, I cannot be ignorant, and ought to be sensible of the wrong which I sustain in common speech, as if I had been false or unthankful to that noble, but unfortunate earl, the Earl of Essex: and for satisfying the vulgar sort, I do not so much regard it; though I love a good name, but yet as a handmaid and attendant of honesty and virtue. For I am of his opinion that said pleasantly, "That it was a shame to him that was a suitor to the mistress, to make love to the waiting-woman;" and, therefore, to woo or court common fame, otherwise than it followeth on honest courses, I, for my part, find not myself fit or disposed. But, on the other side, there is no worldly thing that concerneth myself, which I hold more dear, than the good opinion of certain persons; among which, there is none I would more willingly give satisfaction unto, than to your lordship. First, because you loved my Lord of Essex, and, therefore, will not be partial towards me, which is part of that I desire: next, because it hath ever pleased you to show yourself to me an honourable friend, and so no baseness in me to seek to satisfy you: and, lastly, because I know your lordship is excellently grounded in the true rules and habits of duties and moralities, which must be they which shall decide this matter; wherein, my lord, my defence needeth to be but simple and brief; namely, that whatsoever I did concerning that action and pro

ceeding, was done in my duty and service to the queen and the state; in which I would not show myself false-hearted, nor faint-hearted, for any man's sake living. For every honest man that hath his heart well planted, will forsake his king, rather than forsake God, and forsake his friend, rather than forsake his king; and, yet, will forsake any earthly commodity, yea, and his own life, in some cases, rather than forsake his friend. I hope the world hath not forgotten these degrees, else the heathen saying, "Amicus usque ad aras," shall judge them.

And if any man shall say, I did officiously intrude myself into that business, because I had no ordinary place; the like may be said of all the business, in effect, that passed the hands of the learned counsel, either of state or revenues, these many years, wherein I was continually used. For, as your lordship may remember, the queen knew her strength so well, as she looked her word should be a warrant; and, after the manner of the choicest princes before her, did not always tie her trust to place, but did sometime divide private favour from office. And I, for my part, though I was not so unseen in the world, but I knew the condition was subject to envy and peril; yet, because I knew again she was constant in her favours, and made an end where she began; and, especially, because she upheld me with extraordinary access, and other demonstrations