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was wounded upon his back, and that Justice had her balance taken from her, which ever consisted of an accusation and defence; with many other quick and significant terms to that purpose: insomuch, that, I remember, I said, that my lord, "in foro famæ," was too hard for her: and, therefore, wished her, as I had done before, to wrap it up privately. And certainly I offended her at that time, which was rare with me; for I call to mind, that both the Christmas, Lent, and Easter term following, though I came divers times to her upon law business, yet, methought her face and manner was not so clear and open to me, as it was at the first. And she did directly charge me, that I was absent that day at the Star Chamber, which was very true; but I alleged some indisposition of body to excuse it: and during all the time aforesaid, there was "altum silentium" from her to me, touching my Lord of Essex's causes.

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But towards the end of Easter term her majesty brake with me, and told me, That she had found my words true; for that the proceedings in the Star Chamber had done no good, but rather kindled factious bruits, as she termed them, than quenched them; and, therefore, that she was determined now, for the satisfaction of the world, to proceed against my lord in the Star Chamber by an information "ore tenus," and to have my lord brought to his answer: how beit, she said, she would assure me, that whatsoever she did should be towards my lord "ad castigationem, et non ad destructionem;" as indeed she had often repeated the same phrase before: whereunto I said, to the end utterly to divert her, "Madam, if you will have me speak to you in this argument, I must speak to you as Friar Bacon's head spake, that said first,Time is,' and then Time was;' and Time will never be :' for certainly, said I, it is now far too late, the matter is cold, and hath taken too much wind." Whereat she seemed again offended, and rose from me; and that resolution for a while continued: and, after, in the beginning of midsummer term, I attending her, and finding her settled in that resolution, which I heard of also otherwise, she falling upon the like speech; it is true that, seeing no other remedy, I said to her slightly, "Why, madam, if you will needs have a proceeding, you were best have it in some such sort as Ovid spake of his mistress; 'est aliquid luce patente minus;' to make a council-table matter of it, and there an end:" which speech again she seemed to take in ill part; but, yet, I think it did good at that time, and helped to divert that course of proceeding by information in the Star Chamber. Nevertheless, afterwards it pleased her to make a more solemn matter of the proceeding; and some few days after, an order was given that the matter should be neard at York House, before an assembly of counsellors, peers, and judges, and some audience!

of men of quality to be admitted: and then did some principal counsellors send for us of the learned counsel, and notify her majesty's pleasure unto us; save that it was said to me openly by one of them, that her majesty was not yet resolved whether she would have me forborne in the business or no. And hereupon might arise that other sinister and untrue speech, that, I hear, is raised of me, how I was a suitor to be used against my Lord of Essex at that time: for it is very true, that I, that knew well what had passed between the queen and me, and what occasion I had given her, both of distaste and distrust, in crossing her disposition, by standing steadfastly for my Lord of Essex, and suspecting it also to be a stratagem arising from some particular emulation, I writ to her two or three words of compliment, signifying to her majesty, "That, if she would be pleased to spare me in my Lord of Essex's cause, out of the consideration she took of my obligation towards him, I should reckon it for one of her greatest favours: but otherwise desiring her majesty to think that I knew the degrees of duties; and, that no particular obligation whatsoever to any subject, could supplant, or weaken that entireness of duty, that I did owe and bear to her and her service." And this was the goodly suit I made, being a respect no man that had his wits could have omitted: but, nevertheless, I had a farther reach in it; for, I judged that day's work would be a full period of any bitterness, or harshness between the queen and my lord: and, therefore, if I declared myself fully according to her mind at that time, which could not do my lord any manner of prejudice, I should keep my credit with her ever after, whereby to do my lord service. Hereupon the next news that I heard, was, that we were all sent for again; and, that her majesty's pleasure was, we all should have parts in the business; and the lords falling into distribution of our parts, it was allotted to me, that I should set forth some undutiful carriage of my lord, in giving occasion and countenance to a seditious pamphlet, as it was termed, which was dedicated unto him, which was the book before-mentioned of King Henry IV. Whereupon I replied to that allotment, and said to their lordships, That it was an old matter, and had no manner of coherence with the rest of the charge, being matters of Ireland: and, therefore, that I having been wronged by bruits before, this would expose me to them more; and it would be said I gave in evidence mine own tales. It was answered again with good show, That because it was considered how I stood tied to my Lord of Essex, therefore, that part was thought fittest for me, which did him least hurt; for that, whereas all the rest was matter of charge and accusation, this only was but matter of caveat and admonition. Wherewith, though I was in mine own mind little satisfied, because I knew well a

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,

what should you tumble it? And, besides, 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 | 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 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."

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men; 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, 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, 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 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 intelligence with him. It is very true also, about that time, her majesty taking a liking of my pen, upon that which I formerly had done concerning the proceeding at York House, and likewise upon some other declarations, which in former times 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

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 terming 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.

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.

To conclude, therefore, I humbly pray your lordship to pardon me for troubling you with this long narration; and that you will vouchsafe to hold me in your good opinion, till you know I have deserved, or find that I shall deserve the contrary; and so ever I continue

At your lordship's honourable commandments, very humbly,

F. B.

252

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 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.

It 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 directions, yet kept that stay, as she commanded my lord only to his chamber in court, until his allegations might by her privy-council be questioned and heard; which account taken, and my lord's answers appearing to be of no defence, that shadow of defence which was offered consisted of two parts: the one his own conceit of some likelihood of good effects to ensue of the course held, the other a vehement and overruling persuasion of the council there, though he were indeed as absolutely freed from opinion of the council of Ireland, as he was absolutely tied to her majesty's trust and instructions. Nevertheless, her majesty, not unwilling to admit any extenuation of his offence; and considering the one point required advertisement out of Ireland, and the other further expectation of the event and sequel of the affairs there, and so both points asked time and protraction; her majesty proceeded still with reservation, not to any restraint of my lord according to the nature and degree of his offence, but to a commitment of him, "sub libera custodia,” in the lord keeper's house.

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

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