express, and they understand nothing of his long as he stood upon his innocency and trial, majesty's pleasure of the manner of carrying the your majesty was tied in honour to proceed acevidence, more than they may guess by observa-cording to justice; and, that he little understood, tion of my example, which they may ascribe as being a close prisoner, how much the expectation much to my nature, as to direction; therefore, of the world, besides your love to justice itself, that his majesty would be pleased to write some engaged your majesty, whatsoever your inclinafew words to us all, signed with his own hand, tions were: but, nevertheless, that a frank and that, the matter itself being tragical enough, clear confession might open the gate of mercy, bitterness and insulting be forborne; and that we and help to satisfy the point of honour. 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.

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 merey 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

TO THE KING, ABOUT SOMERSET'S EXAMI- mental to the former evidence; wherein either

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 prepar ing 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

PAPERS

RELATING TO

THE EARL OF ESSEX.

THE APOLOGY

OF

SIR FRANCIS BACON,

IN CERTAIN

IMPUTATIONS CONCERNING THE LATE EARL OF ESSEX.

TO THE RIGHT HONOURABLE HIS VERY GOOD LORD,

THE EARL OF DEVONSHIRE, LORD LIEUTENANT OF IRELAND.

Ir may please your good lordship, I cannot be | ceeding, was done in my duty and service to the 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

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

pricked him to write that apology, which is in many men's hands.

But this difference in two points so main and material, bred in process of time a discontinuance of privateness, as it is the manner of men seldom to communicate where they think their courses not approved, between his lordship and myself: so as I was not called nor advised with for some

with choice of good particulars to express it, the queen would be brought in time to Ahasuerus's question, to ask, "What should be done to the man that the king would honour?" Meaning, that her goodness was without limit, where there was a true concurrence: which I knew, in her nature, to be true. My lord, on the other side, had a settled opinion, that the queen could be brought to nothing, but by a kind of necessity | year and a half before his lordship's going into and authority; and, I well remember, when, by violent courses at any time, he had got his will, he would ask me, "Now, sir, whose principles be true?" And I would again say to him; "My lord, these courses be like to hot waters, they will help at a pang; but if you use them, you shall spoil the stomach, and you shall be fain still to make them stronger, and stronger, and yet in the end, they will lessen their operation;" with much other variety, where with I used to touch that string. Another point was, that I always vehemently dissuaded him from seeking greatness by a military dependence, or by a popular dependence, as that which would breed in the queen jealousy, in himself presumption, and, in the state, perturbation: and I did usually compare them to Icarus's two wings, which were joined on with wax, and would make him venture to soar too high, and then fail him at the height. And I would farther say unto him; "My lord, stand upon two feet, and fly not upon two wings: the two feet are the two kinds of justice, commutative, and distributive: use your greatness for advancing of merit and virtue, and relieving wrongs and burdens; you shall need no other art or finesse:" but he would tell me, that opinion came not from my mind, but from my robe. But it is very true, that I, that never meant to enthral myself to my Lord of Essex, nor any other man, more than stood with the public good, did, though I could little prevail, divert him by all means possible from courses of the wars and popularity: for I saw plainly, the queen must either live or die; if she lived, then the times would be as in the declination of an old prince; if she died, the times would be as in the beginning of a new; and that, if his lordship did rise too fast in these courses, the times might be dangerous for him, and he for them. Nay, I remember, I was thus plain with him upon his voyage to the islands, when I saw every spring put forth such actions of charge and provocation, that I said to him, My lord, when I came first unto you, I took you for a physician that desired to cure the diseases of the state; but now I doubt you will be like those physicians which can be content to keep their patients low, because they would always be in request." Which plainness, he, nevertheless, took very well, as he had an excellent ear, and was patientissimus veri," and assured me the case of the realm required it: and I think this speech of mine, and the like renewed afterwards,

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Ireland, as in former time; yet, nevertheless, touching his going into Ireland, it pleased him expressly, and in a set manner, to desire mine opinion and counsel. At which time I did not only dissuade, but protest against his going; telling him, with as much vehemency and asseveration as I could, that absence in that kind would exulcerate the queen's mind, whereby it would not be possible for him to carry himself so as to. give her sufficient contentment; nor for her to carry herself so as to give him sufficient countenance: which would be ill for her, ill for him, and ill for the state. And, because I would on it no argument, I remember, I stood also upon the difficulty of the action; setting before him, out of histories, that the Irish was such an enemy as the ancient Gauls, or Britons, or Germans were; and that we saw how the Romans, who had such discipline to govern their soldiers, and such donatives to encourage them, and the whole world in a manner to levy them; yet when they came to deal with enemies, which placed their felicity only in liberty, and the sharpness of their sword, and had the natural elemental advantages of woods, and bogs, and hardness of bodies, they ever found they had their hands full of them; and therefore concluded, that going over with such expectation as he did, and through the churlishness of the enterprise, not like to answer it, would mightily diminish his reputation: and many other reasons I used, so as, I am sure, I never in any thing in my lifetime, dealt with him in like earnestness by speech, by writing, and by all the means I could devise. For I did as plainly see his overthrow chained, as it were by destiny, to that journey, as it is possible for any man to ground a judgment upon future contingents. But, my lord, howsoever his ear was open, yet his heart and resolution was shut against that advice, whereby his ruin might have been prevented. After my lord's going, I saw then how true a prophet I was, in regard of the evident alteration which naturally succeeded in the queen's mind; and thereupon I was still in watch to find the best occasion, that, in the weakness of my power, I could either take or minister, to pull him out of the fire, if it had been possible: and not long after, methought I saw some overture thereof, which I apprehended readily; a particularity which I think to be known to very few, and the which I do the rather relate unto your lordship, because I hear it should be talked, that while my lord was in Ireland, I revealed