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was wounded upon his back, and that Justice of men of quality to be admitted : and then did had her balance taken from her, which ever con- some principal counsellors send for us of the sisted of an accusation and defence; with many learned counsel, and notify her majesty's pleasure other quick and significant terms to that purpose: unto us; save that it was said to me openly by insomuch, that, I remember, I said, that my lord, one of them, that her majesty was not yet “in foro famæ," was too hard for her: and, resolved whether she would have me forborne in therefore, wished her, as I had done before, to the business or no. And hereupon might arise wrap it up privately. And certainly I offended that other sinister and untrue speech, that, I hear, her at that time, which was rare with me; for I is raised of me, how I was a suitor to be used call to mind, that both the Christmas, Lent, and against my Lord of Essex at that time: for it is Easter term following, though I came divers very true, that I, that knew well what had passed times to her upon law business, yet, methought between the queen and me, and what occasion I her face and manner was not so clear and open had given her, both of distaste and distrust, in to me, as it was at the first. And she did crossing her disposition, by standing steadfastly directly charge me, that I was absent that day for my Lord of Essex, and suspecting it also to at the Star Chamber, which was very true; but I be a stratagem arising from some particular emualleged some indisposition of body to excuse it: lation, I writ to her two or three words of comand during all the time aforesaid, there was pliment, signifying to her majesty, “ That, if she " altum silentium” from her to me, touching my would be pleased to spare me in my Lord of Lord of Essex's causes.

Essex's cause, out of the consideration she took But towards the end of Easter term her majesty of my obligation towards him, I should reckon it brake with me, and told me, That she had found for one of her greatest favours: but otherwise my words true; for that the proceedings in the desiring her majesty to think that I knew the Star Chamber had done no good, but rather degrees of duties; and, that no particular obligakindled factious bruits, as she termed them, than tion whatsoever to any subject, could supplant, quenched them; and, therefore, that she was or weaken that entireness of duty, that I did owe determined now, for the satisfaction of the world, and bear to her and her service.” And this was to proceed against my lord in the Star Chamber the goodly suit I made, being a respect no man by an information " ore tenus,” and to have my that had his wits could have omitted : but, neverlord brought to his answer: howbeit, she said, theless, I had a farther reach in it; for, I judged she would assure me, that whatsoever she did that day's work would be a full period of any should be towards my lord “ ad castigationem, et bitterness, or harshness between the queen and non ad destructionem ;” as indeed she had often my lord: and, therefore, if I declared myself repeated the same phrase before : whereunto I said, fully according to her mind at that time, which to the end utterly to divert her, Madam, if you could not do my lord any manner of prejudice, I will have me speak to you in this argument, I should keep my credit with her ever after, wheremust speak to you as Friar Bacon's head spake, by to do my lord service. Hereupon the next that said first, • 'Time is,' and then • Time was;' news that I heard, was, that we were all sent for and • Time will never be :' for certainly, said I, it again; and, that her majesty's pleasure was, we is now far too late, the matter is cold, and hath all should have parts in the business; and the taken too much wind.” Whereat she seemed lords falling into distribution of our parts, it was again offended, and rose from me; and that reso- allotted to me, that I should set forth some undulution for a while continued : and, after, in the tiful carriage of my lord, in giving occasion and beginning of midsummer term, I attending her, countenance to a seditious pamphlet, as it was and finding her settled in that resolution, which I termed, which was dedicated unto him, which heard of also otherwise, she falling upon the like was the book before-mentioned of King Henry speech; it is true that, seeing no other remedy, I IV. Whereupon I replied to that allotment, and said to her slightly, “Why, madam, if you will said to their lordships, That it was an old matter, needs have a proceeding, you were best have it and had no manner of coherence with the rest of in some such sort as Ovid spake of his mistress; the charge, being matters of Ireland : and, there« est aliquid luce patente minus;' to make a fore, that I having been wronged by bruits before, council-table matter of it, and there an end :" this would expose me to them more; and it would which speech again she seemed to take in ill be said I gave in evidence mine own tales. It part; but, yet, I think it did good at that time, was answered again with good show, That beand helped to divert that course of proceeding by cause it was considered how I stood tied to my information in the Star Chamber. Nevertheless, Lord of Essex, therefore, that part was thought afterwards it pleased her to make a more solemn fittest for me, which did him least hurt; for that, matter of the proceeding; and some few days whereas all the rest was matter of charge and after, an order was given that the matter should accusation, this only was but matter of caveat and be neard at York House, before an assembly of admonition. Wherewith, though I was in mine counsellors, peers, and judges, and some audiencel own mind little satisfied, because I knew well a

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man were better to be charged with some faults, | what should you tumble it? And, besides, it than admonished of some others : yet, the conclu- may please you to keep a convenience with yoursion binding upon the queen's pleasure directly, self in this case; for, since your express direction “volens nolens,” I could not avoid that part that was, there should be no register nor clerk to take was laid upon me: which part, if in the delivery this sentence, nor no record or memorial made up I did handle not tenderly, though no man before of the proceeding, why should you now do that me did in so clear terms free from my lord from popularly, which you would not admit to be done all disloyalty, as I did, that, your lordship know- judicially?" Whereupon she did agree that that eth, must be ascribed to the superior duty I did writing should be suppressed; and I think there owe to the queen's fame and honour in a public were not five persons that ever saw it. But from proceeding, and partly to the intention I had to this time forth, during the whole latter end of that uphold myself in credit and strength with the sunimer, while the court was at Nonesuch and queen, the better to be able to do my lord good Oatlands, I made it my task and scope to take and offices afterwards: for, as soon as this day was give occasions for my lord's redintegration in his past, I lost no time; but, the very next day fol- fortunes: which my intention, I did also signify lowing, as I remember, I attended her majesty, to my lord as soon as ever he was at his liberty ; fully resolved to try and put in ure my utmost whereby I might, without peri) of the queen's endeavour, so far as in my weakness could give indignation, write to him: and having received furtherance, to bring my lord again speedily into from his lordship a courteous and loving acceptacourt and favour; and knowing, as I supposed at tion of my good will and endeavours, I did apply least, how the queen was to be used, I thought it in all my accesses to the queen, which were that to make her conceive that the matter went very many at that time; and purposely sought and well then, was the way to make her leave off wrought upon other variable pretences, but only there: and I remember well, I said to her, “ You and chiefly for that purpose. And, on the other have now, madam, obtained victory over two side, I did not forbear to give my lord from time things, which the greatest princes in the world to time faithful advertisement what I found, and cannot at their wills subdue; the one is, over what I wished. And I drew for him, by his apfame; the other is, over a great mind: for, surely, pointment, some letters to her majesty; which the world is now, I hope, reasonably well satis- though I knew well his lordship’s gift and style fied; and for my lord, he did show that humilia- was far better than mine own, yet, because he tion towards your majesty, as I am persuaded he required it, alleging, that by his long restraint he was never in his lifetime more fit for your ma- was grown almost a stranger to the queen's prejesty's favour than he is now: therefore, if your sent conceits, I was ready to perform it: and, majesty will not mar it by lingering, but give sure I am, that for the space of six weeks or two over at the best, and now you have made so good months, it prospered so well, as I expected cona full point, receive him again with tenderness, 1 tinually his restoring to his attendance. And I shall then think, that all that is past is for the was never better welcome to the queen, nor more best.” Whereat, I remember, she took exceeding made of, than when I spake fullest and boldest great contentment, and did often iterate and put for him: in which kind the particulars were me in mind, that she had ever said, That her exceeding many; whereof, for an example, I will proceedings should be “ad reparationem,” and remember to your lordship one or two. As, at not "ad ruinam;" as who saith, that now was one time, I call to mind, her majesty was speaking the time I should well perceive, that that saying of a fellow that undertook to cure, or, at least, to of hers should prove true. And, farther, she ease my brother of his gout, and asked me how willed me to set down in writing all that passed it went forward : and I told her majesty, That at that day. I obeyed her commandment, and the first he received good by it; but after, in the within some few days after brought her again the course of his cure, he found himself at a stay, or narration, which I did read unto her in two several rather worse: the queen said again, “I will tell afternoons: and when I came to that part that set you, Bacon, the error of it: the manner of these forth my lord's own answer, which was my physicians, and especially these empirics, is to principal care, I do well bear in mind, that she continue one kind of medicine; which at the first was extraordinarily moved with it, in kindness is proper, being to draw out the ill humour; but, and relenting towards my lord; and told me after, they have not the discretion to change the afterwards, speaking how well I had expressed medicine, but apply still drawing medicines, my lord's part, That she perceived old love would when they should rather intend to cure and cornot easily be forgotten: whereunto I answered roborate the part.” “Good Lord ! madam,” said suddenly, that I hoped she meant that by herself. I, “ how wisely and aptly can you speak and But in conclusion i did advise her, That now she discern of physic ministered to the body, and had taken a representation of the matter to her- consider not that there is the like occasion of self, that she would let it go no farther: “ For, physic ministered to the mind : as now in the madam,” said I, “ the fire blazeth well already, I case of my Lord of Essex, your princely word. ever was, that you intended ever to reform his wheresoever she saw me; and at such time as I mind, and not ruin his fortune: I know well you desired to speak with her about law-business, cannot but think that you have drawn the humour ever sent me forth very slight refusals, insomuch sufficiently; and, therefore, it were more than as it is most true, that immediately after Newtime, and it were but for doubt of mortifying or year's-tide I desired to speak with her, and being exulcerating, that you did apply and minister admitted to her, I dealt with her plainly; and strength and comfort unto him: for these same said, “ Madam, I see you withdraw your favour gradations of yours are fitter to corrupt, than cor- from me, and now I have lost many friends for rect any mind of greatness.” And another time your sake, I shall lose you too: you have put I remember she told me for news, That my lord me like one of those that the Frenchmen call. had written unto her some very dutiful letters, “ enfans perdus,” that serve on foot before horseand that she had been moved by them; and when men; so have you put me into matters of envy she took it to be the abundance of his heart, she without place, or without strength; and I know found it to be but a preparative to a suit for the at chess a pawn before the king is ever much renewing of his farm of sweet wines. Where- played upon; a great many love me not, because unto I replied, “O madam, how doth your ma- they think I have been against my Lord of jesty construe these things, as if these two could Essex; and you love me not, because you know I not stand well together, which, indeed, nature have been for him; yet will I never repent me, hath planted in all creatures! For there are but that I have dealt in simplicity of heart towards two sympathies, the one towards perfection, the you both, without respect of cautions to myself; other towards preservation; that to perfection, as and, therefore, • vivus vidensque pereo;' if I do the iron tendeth to the loadstone; that to preserva- break my neck, I shall do it in a manner as Mr. tion, as the vine will creep towards a stake or Dorrington did it, which walked on the battleprop that stands by it; not for any love to the ments of the church many days, and took a view stake, but to uphold itself. And, therefore, ma- and survey where he should fall. And, so, madam, you must distinguish: my lord's desire to dam, said I, I am not so simple but that I take a do you service is, as to his perfection, that which prospect of mine overthrow; only I thought I he thinks himself to be born for; whereas his would tell you so much, that you may know that desire to obtain this thing of you, is but for a sus- it was faith, and not folly that brought me into it, tentation."

and so I will pray for you.” Upon which And, not to trouble your lordship with many speeches of mine, uttered with some passion, it is other particulars, like unto these, it was at the true her majesty was exceedingly moved; and selfsame time that I did draw, with my lord's accumulated a number of kind and gracious words privity, and by his appointment, two letters, the upon me, and willed me to rest upon this, one written as from my brother, the other as an “Gratia mea sufficit," and a number of other answer returned from my lord, both to be by me sensible and tender words and demonstrations, in secret manner showed to the queen, which it such as more could not be ; but as touching my pleased my lord very strangely to mention at the Lord of Essex, “ne verbum quidem.” Wherebar; the scope of which were but to represent upon I departed, resting then determined to medand picture forth unto her majesty my lord's mind dle no more in the matter; as that that I saw to be such, as I knew her majesty would fainest would overthrow me, and not be able to do him have had it: which letters whosoever shall see, any good. And thus I made mine own peace for they cannot now be retracted or altered, being with mine own confidence* at that time; and by reason of my brother's or his lordship’s ser- this was the last time I saw her majesty before vants' delivery long since come into divers hands, the eighth of February, which was the day of my let him judge, especially if he knew the queen, Lord of Essex his misfortune; after which time, and do remember those times, whether they were for that I performed at the bar in my public sernot the labours of one that sought to bring the vice, your lordship knoweth, by the rules of duty, queen about for my Lord of Essex his good. The that I was to do it honestly, and without prevatruth is, that the issue of all his dealing grew to rication; but for my putting myself into it, I this, that the queen, by some slackness of my protest before God, I never moved either the lord's, as I imagine, liked him worse and worse, queen, or any person living, concerning my being and grew more incensed towards him. Then she used in the service, either of evidence or examiremembering belike the continual, and incessant, nation; but it was merely laid upon me with the and confident speeches and courses that I had rest of my fellows. And for the time which held on my lord's side, became utterly alienated passed, I mean between the arraignment and my from me, and for the space of, at least, three lord's suffering, I well remember, I was but once months, which was between Michaelmas and with the queen, at what time, though I durst not New-year’s-tide following, would not so much deal directly for my lord as things then stood, 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.

yet generally I did both commend her majesty's | so, as never secretary had more particular and mercy, terming it to her as an excellent balm that express directions and instructions in every point, did continually distil from her sovereign hands, how to guide my hand in it; and not only so, and made an excellent odour in the senses of her but after that I had made a first draught thereof, people; and not only so, but I took hardiness to and propounded it to certain principal counsellors extenuate, not the fact, for that I durst not, but by her majesty's appointment, it was perused, the danger, telling her, that if some base or cruel- weighed, censured, altered, and made almost a minded persons had entered into such an action, new writing, according to their lordships' better it might have caused much blood and combus- consideration; wherein their lordships and myself tion: but it appeared well, they were such as both were as religious and curious of truth, as knew not how to play the malefactors; and some desirous of satisfaction: and myself indeed gave other words which I now omit. And as for the only words and form of style, in pursuing their rest of the carriage of myself in that service, I direction. And after it had passed their allowhave many honourable witnesses that can tell, ance, it was again exactly perused by the queen that the next day after my lord's arraignment, by herself, and some alterations made again by her my diligence and information, touching the quality appointment: nay, and after it was set to print, and nature of the offenders, six of nine were the queen, who, as your lordship knoweth, as stayed, which otherwise had been attainted, I she was excellent in great matters, so she was bringing their lordships' letter for their stay, after exquisite in small, and noted that I could not forthe jury was sworn to pass upon them; so near get my ancient respect to my Lord of Essex, in it went: and how careful I was, and made it my terming him ever my Lord of Essex, my Lord of part, that whosoever was in trouble about that Essex, almost in every page of the book, which matter, as soon as ever his case was sufficiently she thought not fit, but would have it made known and defined of, might not continue in | Essex, or the late Earl of Essex: whereupon of restraint, but be set at liberty; and many other force it was printed “de novo," and the first parts, which, I am well assured of, stood with the copies suppressed by her peremptory commandduty of an honest man. But, indeed, I will not ment. deny for the case of Sir Thomas Smith of London, And this, my good lord, to my farthest rememthe queen demanding my opinion of it: I told her, brance, is all that passed wherein I had part; I thought it was as hard as any of the rest. But which I have set down as near as I could in the what was the reason ? Because, at that time, I very words and speeches that were used, not behad seen only his accusation, and had never been cause they are worthy the repetition, I mean those present at any examination of his; and the matter of mine own; but to the end your lordship may so standing, I had been very untrue to my ser- lively and plainly discern between the face of rice, if I had not delivered that opinion. But, truth, and a smooth tale: and the rather, also, beafterwards, upon a re-examination of some that cause, in things that passed a good while since, charged him, who weakened their own testimony, the very words and phrases did sometimes bring and especially hearing himself “viva voce,” I to my remembrance the matters: wherein I report went instantly to the queen, out of the soundness me to your honourable judgment, whether you do of my conscience, not regarding what opinion I not see the traces of an honest man: and had I had formerly delivered, and told her majesty, I been as well believed either by the queen or by was satisfied, and resolved in my conscience, that my lord, as I was well heard by them both, both for the reputation of the action, the plot was to my lord had been fortunate, and so had myself countenance the action farther by him in respect in his fortune. 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 At your lordship's honourable commandments, me to pen that book, which was published for the very humbly, better satisfaction of the world; which I did, but!

F. B.

22

THE PROCEEDINGS

ОР

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 hazard by his former disobedience to her royal hour when the courts sit at Westminster, were directions, yet kept that stay, as she commanded assembled together at the lord keeper's house in my lord only to his chamber in court, until his the great chamber, her majesty's privy-council, allegations might by her privy-council be quesenlarged and assisted for that time and cause by tioned and heard ; which account taken, and my the special call and associating of certain selected lord's answers appearing to be of no defence, persons, viz. four earls, two barons, and four that shadow of defence which was offered conjudges of the law, making in the whole a council sisted of two parts: the one his own conceit or court of eighteen persons, who were attended of some likelihood of good effects to ensue of by four of her majesty's learned counsel for the course held, the other a vehement and overcharging the earl ; and two clerks of the council, ruling persuasion of the council there, though he the one to read, the other as a register; and an

were indeed as absolutely freed from opinion of auditory of persons, to the number, as I could the council of Ireland, as he was absolutely tied guess, of two hundred, almost all men of quality, to her majesty's trust and instructions. Neverbut of every kind or profession; nobility, court, theless, her majesty, not unwilling to admit any law, country, city. The upper end of the table extenuation of his offence; and considering the left void for the earl's appearance, who, after the one point required advertisement out of Ireland, commissioners had sat a while, and the auditory and the other further expectation of the event and was quiet from the first throng to get in, and the sequel of the affairs there, and so both points asked doors shut, presented himself and kneeled down time and protraction; her majesty proceeded still at the board's end, and so continued till he was with reservation, not to any restraint of my lord licensed to stand up.

according to the nature and degree of his offence,

but to a commitment of him, “sub libera custodia," The Names of the Commissioners.

in the lord keeper's house. Lord Archbishop,

After, when both parts of this defence plainly Lord Keeper, &c.

failed my lord, yea, and proved utterly adverse It was opened, that her majesty being imperial, to him, for the council of Ireland in plain terms and immediate under God, was not holden to disavowed all those his proceedings, and the event render account of her actions to any; how beit, made a miserable interpretation of them, then her because she had chosen ever to govern, as well majesty began to behold the offence in nature and with satisfaction as with sovereignty, and the likeness, as it was divested from any palliation or rather, to command down the winds of malicious cover, and in the true proportion and magnitude and seditious rumours, wherewith men's conceits thereof, importing the peril of a kingdom: which may have been tossed to and fro, she was pleased consideration wrought in her majesty a strange to call the world to an understanding of her effect, if any thing which is heroical in virtue can princely course held towards the Earl of Essex, be strange in her nature; for when offence was as well in here-before protracting as in now pro- grown unmeasurably offensive, then did grace ceeding.

superabound; and in the heat of all the ill news The earl repairing from his government into out of Ireland, and other advertisements thence to this realm in August last, contrary to her majesty's my lord's disadvantage, her majesty entered into express and most judicial commandment, though a resolution, out of herself and her inscrutable the contempt were in that point visible, and her goodness, not to overthrow my lord's fortune

irreparably, by public and proportionable justice : • At York House, in June, 1600, prepared for Queen Elizabeth by her command, and read to her by Mr. Bacon, but

notwithstanding, inasmuch as about that time never published.

there did fly about in London streets and theatres

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