man were better to be charged with some faults, than admonished of some others: yet, the conclusion binding upon the queen's pleasure directly, "volens nolens," I could not avoid that part that was laid upon me: which part, if in the delivery I did handle not tenderly, though no man before me did in so clear terms free from my lord from all disloyalty, as I did, that, your lordship knoweth, must be ascribed to the superior duty I did owe to the queen's fame and honour in a public proceeding, and partly to the intention I had to uphold myself in credit and strength with the queen, the better to be able to do my lord good offices afterwards: for, as soon as this day was past, I lost no time; but, the very next day following, as I remember, I attended her majesty, fully resolved to try and put in ure my utmost endeavour, so far as in my weakness could give furtherance, to bring my lord again speedily into court and favour; and knowing, as I supposed at least, how the queen was to be used, I thought that to make her conceive that the matter went well then, was the way to make her leave off there: and I remember well, I said to her, "You have now, madam, obtained victory over two things, which the greatest princes in the world cannot at their wills subdue; the one is, over fame; the other is, over a great mind: for, surely, the world is now, I hope, reasonably well satisfied; and for my lord, he did show that humiliation towards your majesty, as I am persuaded he was never in his lifetime more fit for your majesty's favour than he is now: therefore, if your majesty will not mar it by lingering, but give over at the best, and now you have made so good a full point, receive him again with tenderness, I shall then think, that all that is past is for the best." Whereat, I remember, she took exceeding great contentment, and did often iterate and put me in mind, that she had ever said, That her proceedings should be "ad reparationem," and not ad ruinam;" as who saith, that now was the time I should well perceive, that that saying of hers should prove true. And, farther, she willed me to set down in writing all that passed that day. I obeyed her commandment, and within some few days after brought her again the narration, which I did read unto her in two several afternoons: and when I came to that part that set forth my lord's own answer, which was my principal care, I do well bear in mind, that she was extraordinarily moved with it, in kindness and relenting towards my lord; and told me afterwards, speaking how well I had expressed my lord's part, That she perceived old love would not easily be forgotten: whereunto I answered suddenly, that I hoped she meant that by herself. But in conclusion I did advise her, That now she had taken a representation of the matter to herself, that she would let it go no farther: "For, madam," said I, "the fire blazeth well already, And, besides, it what should you tumble it? may please you to keep a convenience with yourself in this case; for, since your express direction was, there should be no register nor clerk to take this sentence, nor no record or memorial made up of the proceeding, why should you now do that popularly, which you would not admit to be done judicially?" Whereupon she did agree that that writing should be suppressed; and I think there were not five persons that ever saw it. But from this time forth, during the whole latter end of that summer, while the court was at Nonesuch and Oatlands, I made it my task and scope to take and give occasions for my lord's redintegration in his fortunes: which my intention, I did also signify to my lord as soon as ever he was at his liberty; whereby I might, without peril of the queen's indignation, write to him: and having received from his lordship a courteous and loving acceptation of my good will and endeavours, I did apply it in all my accesses to the queen, which were very many at that time; and purposely sought and wrought upon other variable pretences, but only and chiefly for that purpose. And, on the other side, I did not forbear to give my lord from time to time faithful advertisement what I found, and what I wished. And I drew for him, by his appointment, some letters to her majesty; which though I knew well his lordship's gift and style was far better than mine own, yet, because he required it, alleging, that by his long restraint he was grown almost a stranger to the queen's present conceits, I was ready to perform it: and, sure I am, that for the space of six weeks or two months, it prospered so well, as I expected continually his restoring to his attendance. And I was never better welcome to the queen, nor more made of, than when I spake fullest and boldest for him: in which kind the particulars were exceeding many; whereof, for an example, I will remember to your lordship one or two. As, at one time, I call to mind, her majesty was speaking of a fellow that undertook to cure, or, at least, to ease my brother of his gout, and asked me how it went forward: and I told her majesty, That at the first he received good by it; but after, in the course of his cure, he found himself at a stay, or rather worse: the queen said again, “I will tell you, Bacon, the error of it: the manner of these physicians, and especially these empirics, is to continue one kind of medicine; which at the first is proper, being to draw out the ill humour; but, after, they have not the discretion to change the medicine, but apply still drawing medicines, when they should rather intend to cure and corroborate the part." "Good Lord! madam," said I, "how wisely and aptly can you speak and discern of physic ministered to the body, and consider not that there is the like occasion of physic ministered to the mind: as now in the case of my Lord of Essex, your princely word ever was, that you intended ever to reform his mind, and not ruin his fortune: I know well you cannot but think that you have drawn the humour sufficiently; and, therefore, it were more than time, and it were but for doubt of mortifying or exulcerating, that you did apply and minister strength and comfort unto him: for these same gradations of yours are fitter to corrupt, than correct any mind of greatness." And another time I remember she told me for news, That my lord had written unto her some very dutiful letters, and that she had been moved by them; and when she took it to be the abundance of his heart, she found it to be but a preparative to a suit for the renewing of his farm of sweet wines. Whereunto I replied, "O madam, how doth your majesty construe these things, as if these two could not stand well together, which, indeed, nature hath planted in all creatures! For there are but two sympathies, the one towards perfection, the other towards preservation; that to perfection, as the iron tendeth to the loadstone; that to preservation, as the vine will creep towards a stake or prop that stands by it; not for any love to the stake, but to uphold itself. And, therefore, madam, you must distinguish: my lord's desire to do you service is, as to his perfection, that which he thinks himself to be born for; whereas his desire to obtain this thing of you, is but for a sustentation." wheresoever she saw me; and at such time as I desired to speak with her about law-business, ever sent me forth very slight refusals, insomuch as it is most true, that immediately after Newyear's-tide I desired to speak with her, and being admitted to her, I dealt with her plainly; and said, "Madam, I see you withdraw your favour from me, and now I have lost many friends for your sake, I shall lose you too: you have put me like one of those that the Frenchmen call "enfans perdus," that serve on foot before horsemen; so have you put me into matters of envy without place, or without strength; and I know at chess a pawn before the king is ever much played upon; a great many love me not, because they think I have been against my Lord of Essex; and you love me not, because you know I have been for him; yet will I never repent me, that I have dealt in simplicity of heart towards you both, without respect of cautions to myself; and, therefore, vivus vidensque pereo;' if I do break my neck, I shall do it in a manner as Mr. Dorrington did it, which walked on the battlements of the church many days, and took a view and survey where he should fall. And, so, madam, said I, I am not so simple but that I take a prospect of mine overthrow; only I thought I would tell you so much, that you may know that it was faith, and not folly that brought me into it, and so I will pray for you." Upon which speeches of mine, uttered with some passion, it is true her majesty was exceedingly moved; and accumulated a number of kind and gracious words upon me, and willed me to rest upon this, "Gratia mea sufficit," and a number of other sensible and tender words and demonstrations, such as more could not be; but as touching my Lord of Essex, "ne verbum quidem." Whereupon I departed, resting then determined to meddle no more in the matter; as that that I saw would overthrow me, and not be able to do him any good. And thus I made mine own peace with mine own confidence at that time; and this was the last time I saw her majesty before the eighth of February, which was the day of my Lord of Essex his misfortune; after which time, for that I performed at the bar in my public service, your lordship knoweth, by the rules of duty, that I was to do it honestly, and without prevarication; but for my putting myself into it, I protest before God, I never moved either the queen, or any person living, concerning my being used in the service, either of evidence or examination; but it was merely laid upon me with the rest of my fellows. And for the time which passed, I mean between the arraignment and my lord's suffering, I well remember, I was but once with the queen, at what time, though I durst not deal directly for my lord as things then stood, And, not to trouble your lordship with many other particulars, like unto these, it was at the selfsame time that I did draw, with my lord's privity, and by his appointment, two letters, the one written as from my brother, the other as an answer returned from my lord, both to be by me in secret manner showed to the queen, which it pleased my lord very strangely to mention at the bar; the scope of which were but to represent and picture forth unto her majesty my lord's mind to be such, as I knew her majesty would fainest have had it which letters whosoever shall see, for they cannot now be retracted or altered, being by reason of my brother's or his lordship's servants' delivery long since come into divers hands, let him judge, especially if he knew the queen, and do remember those times, whether they were not the labours of one that sought to bring the queen about for my Lord of Essex his good. The truth is, that the issue of all his dealing grew to this, that the queen, by some slackness of my lord's, as I imagine, liked him worse and worse, and grew more incensed towards him. Then she remembering belike the continual, and incessant, and confident speeches and courses that I had held on my lord's side, became utterly alienated from me, and for the space of, at least, three months, which was between Michaelmas and New-year's-tide following, would not so much as look on me, but turned away from me * Query conscience, but note that in the first edition it is with express and purpose-like discountenance confidence. so, as never secretary had more particular and express directions and instructions in every point, how to guide my hand in it; and not only so, but after that I had made a first draught thereof, and propounded it to certain principal counsellors by her majesty's appointment, it was perused, weighed, censured, altered, and made almost a new writing, according to their lordships' better consideration; wherein their lordships and myself both were as religious and curious of truth, as desirous of satisfaction: and myself indeed gave only words and form of style, in pursuing their direction. And after it had passed their allowance, it was again exactly perused by the queen herself, and some alterations made again by her appointment: nay, and after it was set to print, the queen, who, as your lordship knoweth, as she was excellent in great matters, so she was exquisite in small, and noted that I could not forget my ancient respect to my Lord of Essex, in terining him ever my Lord of Essex, my Lord of Essex, almost in every page of the book, which she thought not fit, but would have it made Essex, or the late Earl of Essex: whereupon of force it was printed "de novo," and the first copies suppressed by her peremptory commandment. yet generally I did both commend her majesty's mercy, terming it to her as an excellent balm that did continually distil from her sovereign hands, and made an excellent odour in the senses of her people; and not only so, but I took hardiness to extenuate, not the fact, for that I durst not, but the danger, telling her, that if some base or cruelminded persons had entered into such an action, it might have caused much blood and combustion: but it appeared well, they were such as knew not how to play the malefactors; and some other words which I now omit. And as for the rest of the carriage of myself in that service, I have many honourable witnesses that can tell, that the next day after my lord's arraignment, by my diligence and information, touching the quality and nature of the offenders, six of nine were stayed, which otherwise had been attainted, I bringing their lordships' letter for their stay, after the jury was sworn to pass upon them; so near it went: and how careful I was, and made it my part, that whosoever was in trouble about that matter, as soon as ever his case was sufficiently known and defined of, might not continue in restraint, but be set at liberty; and many other parts, which, I am well assured of, stood with the duty of an honest man. But, indeed, I will not deny for the case of Sir Thomas Smith of London, the queen demanding my opinion of it: I told her, I thought it was as hard as any of the rest. But what was the reason? Because, at that time, I had seen only his accusation, and had never been present at any examination of his; and the matter so standing, I had been very untrue to my service, if I had not delivered that opinion. But, afterwards, upon a re-examination of some that charged him, who weakened their own testimony, and especially hearing himself "viva voce," I went instantly to the queen, out of the soundness of my conscience, not regarding what opinion I had formerly delivered, and told her majesty, I was satisfied, and resolved in my conscience, that for the reputation of the action, the plot was to countenance the action farther by him in respect of his place, than they had indeed any interest or To conclude, therefore, I humbly pray your intelligence with him. It is very true also, about lordship to pardon me for troubling you with that time, her majesty taking a liking of my pen, this long narration; and that you will vouchsafe upon that which I formerly had done concerning to hold me in your good opinion, till you know the proceeding at York House, and likewise upon I have deserved, or find that I shall deserve the some other declarations, which in former times contrary; and so ever I continue by her appointment I put in writing, commanded me to pen that book, which was published for the better satisfaction of the world; which I did, but And this, my good lord, to my farthest remembrance, is all that passed wherein I. had part; which I have set down as near as I could in the very words and speeches that were used, not because they are worthy the repetition, I mean those of mine own; but to the end your lordship may lively and plainly discern between the face of truth, and a smooth tale: and the rather, also, because, in things that passed a good while since, the very words and phrases did sometimes bring to my remembrance the matters: wherein I report me to your honourable judgment, whether you do not see the traces of an honest man: and had I been as well believed either by the queen or by my lord, as I was well heard by them both, both my lord had been fortunate, and so had myself in his fortune. At your lordship's honourable commandments, very humbly, F. B. 2F2 THE PROCEEDINGS* OF THE EARL OF ESSEX. The Points of Form worthy to be observed. majesty's mind prepared to a just and high disTHE fifth of June in Trinity term, upon Thurs-pleasure, in regard of that realm of Ireland set at day, being no Star Chamber day, at the ordinary hour when the courts sit at Westminster, were assembled together at the lord keeper's house in the great chamber, her majesty's privy-council, enlarged and assisted for that time and cause by the special call and associating of certain selected persons, viz. four earls, two barons, and four judges of the law, making in the whole a council or court of eighteen persons, who were attended by four of her majesty's learned counsel for charging the earl; and two clerks of the council, the one to read, the other as a register; and an auditory of persons, to the number, as I could guess, of two hundred, almost all men of quality, but of every kind or profession; nobility, court, law, country, city. The upper end of the table left void for the earl's appearance, who, after the commissioners had sat a while, and the auditory was quiet from the first throng to get in, and the doors shut, presented himself and kneeled down at the board's end, and so continued till he was licensed to stand up. The Names of the Commissioners. Lord Archbishop, Lord Keeper, &c. Ir was opened, that her majesty being imperial, and immediate under God, was not holden to render account of her actions to any; howbeit, because she had chosen ever to govern, as well with satisfaction as with sovereignty, and the rather, to command down the winds of malicious and seditious rumours, wherewith men's conceits may have been tossed to and fro, she was pleased to call the world to an understanding of her princely course held towards the Earl of Essex, as well in here-before protracting as in now proceeding. The earl repairing from his government into this realm in August last, contrary to her majesty's express and most judicial commandment, though the contempt were in that point visible, and her *At York House, in June, 1600, prepared for Queen Elizabeth by her command, and read to her by Mr. Bacon, but never published. hazard by his former disobedience to her royal Never After, when both parts of this defence plainly failed my lord, yea, and proved utterly adverse to him, for the council of Ireland in plain terms disavowed all those his proceedings, and the event made a miserable interpretation of them, then her majesty began to behold the offence in nature and likeness, as it was divested from any palliation or cover, and in the true proportion and magnitude thereof, importing the peril of a kingdom: which consideration wrought in her majesty a strange effect, if any thing which is heroical in virtue can be strange in her nature; for when offence was grown unmeasurably offensive, then did grace superabound; and in the heat of all the ill news out of Ireland, and other advertisements thence to my lord's disadvantage, her majesty entered into a resolution, out of herself and her inscrutable goodness, not to overthrow my lord's fortune irreparably, by public and proportionable justice: notwithstanding, inasmuch as about that time there did fly about in London streets and theatres divers seditious libels; and Paul's and ordinaries | spirit of bitterness, remonstrance, and representawere full of bold and factious discourses, where- tion is made to her majesty, as if my lord suffered by not only many of her majesty's faithful and under passion and faction, and not under justice zealous counsellors and servants were taxed, but mixed with mercy; which letter, though written withal the hard estate of Ireland was imputed to to her sacred majesty, and therefore unfit to pass any thing rather than unto the true cause, the in vulgar hands, yet was first divulged by copies earl's defaults, though this might have made any everywhere, that being, as it seemeth, the newest prince on earth to lay aside straightways the and finest form of libelling, and since committed former resolution taken, yet her majesty in her to the press: her majesty in her wisdom secing moderation persisted in her course of clemency, manifestly these rumours thus nourished had got and bethought herself of a mean to right her own too great a head to be repressed without some honour, and yet spare the earl's ruin; and there- hearing of the cause, and calling my lord to anfore taking a just and most necessary occasion swer; and yet, on the other side, being still inupon these libels, of an admonition to be given sea- formed touching my lord himself of his consonably, and as is oft accustomed; the last Star tinuance of penitence and submission, did in conChamber day of Michaelmas term, was pleased, clusion resolve to use justice, but with the edge that declaration should be made, by way of testi- and point taken off and rebated; for whereas mony, of all her honourable privy council, of her nothing leaveth that taint upon honour, which in majesty's infinite care, royal provisions, and pru- a person of my lord's condition is hardliest redent directions for the prosecutions in Ireland, paired, in question of justice, as to be called to wherein the earl's errors, by which means so great the ordinary and open place of offenders and care and charge was frustrated, were incidently criminals, her majesty had ordered that the heartouched. ing should be "intra domesticos parietes," and not " luce forensi." And whereas again in the Star Chamber there be certain formalities not fit in regard of example to be dispensed with, which would strike deeper both into my lord's fortune and reputation; as the fine which is incident to a sentence there given, and the imprisonment of the Tower, which in case of contempts that touch the point of estate doth likewise follow; her majesty turning this course, had directed that the matters should receive, before a great, honourable, and selected council, a full and deliberate, and yet, in respect, a private, mild, and gracious hearing. But as in bodies very corrupt, the medicine rather stirreth and exasperateth the humour than purgeth it, so some turbulent spirits laid hold of this proceeding in so singular partiality towards my lord, as if it had been to his disadvantage, and gave out that this was to condemn a man unheard, and to wound him on his back, and to leave Justice her sword and take away her balance, which consisted of an accusation and a defence; and such other seditious phrases: whereupon her majesty seeing herself interested in honour, which she hath ever sought to preserve as her eye, clear and without mote, was enforced to resolve of a judicial hearing of the cause, which was accordingly appointed in the end of Hilary term. At the which time warning being given to my lord to prepare himself, he falling, as it seemed, in a deep consideration of his estate, made unto her majesty by letter an humble and effectual submission, beseeching her that that bitter cup of justice might pass from him, for those were his words; which wrought such an impression in her majesty's mind, that it not only revived in her her former resolution to forbear any public hearing, but it fetched this virtue out of mercy by the only touch, as few days after my lord was removed to further liberty in his own house, her majesty hoping that these bruits and malicious imputations would of themselves wax old and vanish: but finding it otherwise in proof, upon taste taken by some intermission of time, and especially beholding the humour of the time in a letter presumed to be written to her majesty herself by a lady, to whom, though nearest in blood to my lord, it appertained little to intermeddle in matters of this nature, otherwise than in course of humility to have solicited her grace and mercy; in which letter, in a certain violent and mineral All this was not spoken in one undivided speech, but partly by the first that spake of the learned counsel, and partly by some of the commissioners; for in this and the rest I keep order of matter, and not of circumstance. The Matters laid to my Lord's Charge. The matters wherewith my lord was charged were of two several natures; of a higher, and of an inferior degree of offence. The former kind purported great and high contempts and points of misgovernance in his office of her majesty's lieutenant and governor of her realm of Ireland; and in the trust and authority thereby to him committed. The latter contained divers notorious errors and neglects of duty, as well in his government as otherwise. The great contempts and points of misgovernment and malversation in his office, were articulate into three heads. I. The first was the journey into Munster, whereby the prosecution in due time upon Tyrone in Ulster was overthrown: wherein he proceeded contrary to his directions, and the whole design of his employment: whereof |