These be the depths of your Majesty's mercy | astringed by necessity either to acquit or condemn ; which I may not enter into: but for honour and but grace is free and for my part, I think the reputation they have these grounds: evidence in this present case will be of such a

That the blood of Overbury is already revenged nature. 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 downfal 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 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

REX. This article cannot be mended in point thereof. REX. If stay of judgment can stand with the law, I culd even wish it in this case: in all the rest this article cannot be mended.

REX. That danger is well to be foreseen, lest he upon

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 never been 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, and that with speed, because the time cometh on. Well remembering who is the person whom your Majesty admitted to this secret, I have sent this letter open unto him, that he may take your Majesty's times to report it, or show it unto you; assuring myself that nothing is

the one part commit unpardonable errors, and I on the other
part seem to punish him in the spirit of revenge.
REX. This article cannot be mended.
REX. This is so also.

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caught hold of by me, and afterwards by his Ma- | him likewise to repent of his offence: that the conjesty's singular wisdom and conscience excepted to, and now is by her re-examination retracted, I have given order to sergeant 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 chancery-hand: 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,

May 5, 1616.

Your true and devoted servant,
FR. BACON.

CXLI. TO THE KING, ABOUT SOMERSET'S
EXAMINATION.*

fession 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 supplemental to the former evidence; wherein either 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.

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 CXLII. AN EXPOSTULATION TO THE LORD 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 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 caths and imprecations to the contrary, had nevertheless in the end, being touched with remorse, confessed; that she that led him to offend, might lead Stephens's First Collection, p. 124.

CHIEF JUSTICE COKE.†

MY VERY GOOD LORD,

THOUGH it be true, that " he who considereth the wind and the rain, shall neither sow nor reap;' yet "there is a season for every action," and so "there is a time to speak, and a time to keep silence." There is a time when the words of a poor simple man may profit; and that poor man in "The Preacher," which delivered the city by his wisdom, found that without this opportunity the owner both of wisdom and eloquence lose but their labour, and cannot charm the deaf adder. God therefore, before his Son that bringeth mercy, sent his servant the trumpeter of repentance to level every high hill, to prepare the way before him, making it smooth and straight: and as it is in spiritual things, where Christ never comes before his way-maker hath laid even the heart with sorrow and repentance, † Ibid. p. 126. Eccles. xi. 4.

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Besides, that other plot was scandalous to Rome, making popery odious in the sight of the whole world: this hath been scandalous to the truth of the whole gospel; and since the first nullity to this instant, when justice hath her hands bound, the devil could not have invented a more mischievous practice to our state and church than this hath been, is, and is like to be. God avert the evil.

crime was second to none, but the powder-plot: | towards land; learn of the steward to make friends that would have blown up all at one blow, a merci- of the unrighteous mammon. Those Spaniards in ful cruelty; this would have done the same by de- | Mexico who were chased of the Indians, tell us what grees, a lingering but a sure way; one might by one to do with our goods in our extremity; they being to be called out, till all opposers had been removed. pass over a river in their flight, as many as cast away their gold swam over safe; but some more covetous, keeping their gold, were either drowned with it, or overtaken and slain by the savages: you have received, now learn to give. The beaver learns us this lesson, who being hunted for his stones, bites them off: you cannot but have much of your estate, pardon my plainness, ill got; think how much of that you never spake for, how much by speaking unjustly or in unjust causes. Account it then a blessing of God, if thus it may be laid out for your good, and not left for your heir, to hasten the wasting of much of the rest, perhaps of all: for so we see God oftentimes proceeds in judgment with many hasty gatherers: you have enough to spare, being well laid, to turn the tide, and fetch all things again. But if you escape, I suppose it worthy of an If, since you know the old use, that none called in question must go away uncensured, yet consider that accusations make wounds, and leave scars; and though you see the toil behind your back, yourself free, and the covert before, yet remember there are stands trust not a reconciled enemy; but think the peace is but to secure you for farther advantage, or expect a second and a third encounter; the main battle, the wings are yet unbroken, they | may charge you at an instant, or Death before them; walk therefore circumspectly, and if at length, by means of our endeavours and yours, you recover the favour that you have lost, give God the glory in action, not in words only; and remember us with sense of your past misfortune, whose estate hath, and may hereafter lie in the power of your breath.

But herein you committed another fault: that as you were too open in your proceedings, and so taught them thereby to defend themselves; so you gave them time to undermine justice, and to work upon all advantages both of affections, and honour, and opportunity, and breach of friendship; which they have so well followed, sparing neither pains nor costs, that it almost seemeth a higher offence in you to have done so much indeed, than that you have done no more: you stopt the confessions and acensations of some, who perhaps, had they been suffered, would have spoken enough to have removed some stumbling-blocks out of your way; and that you did not this in the favour of any one, but of I know not what present unadvised humours, supposing enough behind to discover all; which fell not out so. Howsoever, as the apostle saith in another case," you went not rightly to the truth;" and therefore, though you were to be commended for what you did, yet you were to be reprehended for many circumstances in the doing; and doubtless God hath an eye in this cross to your negligence, and the briers are left to be pricks in your sides and thorns in your eyes. But that which we commend you for, are those excellent parts in nature, and knowledge in the law, which you are endowed withal; but these are only good in their good use. Wherefore we thank you heartily for standing stoutly in the commonwealth's behalf; hoping it proceedeth not from a disposition to oppose greatness, as your enemies say, but to do justice, and deliver truth indifferently without respect of persons; and in this we pray for your prosperity, and are sorry that your good actions should not always succeed happily. But in the carriage of this you were faulty; for you took it in hand in an evil time, both in respect of the present business which was interrupted, and in regard of his present sickness whom it concerned whereby you disunited your strength, and made a gap for the enemies to pass out at, and to return and assault you. But now since the case so standeth, we desire you to give way to power, and so to fight that you be not utterly broken, but reserved entirely to serve the commonwealth again, and to do what good you can, since you cannot do all the good you would; and since you are fallen upon this rock, cast out the goods to save the bottom; stop the leaks and make

My lord Bacon observes elsewhere, that the Scripture saith, there be that turn judgment into wormwood; and saith be, surely there be "also that turn it into vinegar; for injus

ness,

:

There is a great mercy in despatch, delays are tortures, wherewith by degrees we are rent out of our estates; do not you, if you be restored, as some others do, fly from the service of virtue to serve the time, as if they repented their goodor meant not to make a second hazard in God's house; but rather let this cross make you zealous in God's cause, sensible in ours, and more sensible in all; which express thus. You have been a great enemy to papists; if you love God be so still, but more indeed than heretofore: for much of your zeal was heretofore wasted in words: call to remembrance that they were the persons that prophesied of that cross of yours long before it happened; they saw the storm coming, being the principal contrivers and fartherers of the plot, the men that blew the coals, heat the iron, and made all things ready; they owe you a good turn, and will, if they can, pay it you; you see their hearts by their deeds, prove then your faith so to: the best good work you can do, is to do the best you can against them, that is, to see the law severely, justly, and diligently executed.

And now we beseech you, my lord, be sensible

tice maketh it bitter, and delays make it sour." Essay LVI. p. 304.