Declared by Franklin after condemnation. Nothing to So merset. Nothing to So merset. ticular, that Mrs. Turner did at Whitehall show to Franklin the man, who, as he said, poisoned the prince, which, he says, was a physician with a red beard. That there was a little picture of a young man in white wax, left by Mrs. Turner with Forman the conjurer, which my Lord Coke doubted was the prince. That the Viceroy of the Indies at Goa reported to an English factor, that Prince Henry came to an untimely death by a mistress of his. That Somerset with others, would have preferred Lowbell the apothecary to Prince Charles. That the countess laboured Forman and Gresham, the conjurers, to enforce the queen by witchcraft to favour the countess. That the countess told Franklin, that when the queen died, Somerset should have Somerset House. That Northampton said, the prince, if ever he came to reign, would prove a tyrant. That Franklin was moved by the countess to go to the Palsgrave, and should be furnished with money. The particular reasons, why I omit them, I have set in the margin; but the general is partly to do a kind of right to justice, and such a solemn trial, in not giving that in evidence, which touches not the delinquent, or is not of weight; and partly to observe your majesty's direction, to give Somerset no just occasion of despair or flushes. But, I pray your majesty to pardon me, that I have troubled your majesty with repeating them, lest you should hear hereafter, that Mr. Attorney hath omitted divers material parts of the evidence. Endorsed, time between the use of the little charm, or, as his majesty better terms it, "the evangile,”* and the day of his trial† notwithstanding his majesty's being so far off, as advertisement of success and order thereupon could not go and come between, was chiefly, for that his majesty, from whom the overture of that first moved, did write but a few hours, that this should be done, which I turned into days. Secondly, because the hope I had of effect by that mean, was rather of attempting him at his arraignment, than of confession before his arraignment. But I submit it to his majesty's better judgment. The person, by your first description, which was without name, I thought had been meant of Packer: but now perceive it is another, to me unknown, but, as it seemeth, very fit. I doubt not but he came with sufficient warrant to Mr. Lieutenant to have access. In this I have no more to do, but to expect to hear from his majesty how this worketh. The letter from his majesty to myself and the serjeants I have received, such as I wished; and I will speak with the commissioners, that he may, by the lieutenant, understand his majesty's care of him, and the tokens herein of his majesty's compassion towards him. I ever had a purpose to make use of that circumstance, that Overbury, the person murdered, was his majesty's prisoner in the Tower; which indeed is a strong pressure of his majesty's justice. For Overbury is the first prisoner murdered in the Tower, since the murder of the young princes by Richard the Third, the tyrant. I would not trouble his majesty with any points of preamble, nor of the evidence itself, more than that part nakedly, wherein was the tenderness, in which I am glad his majesty, by his postils, which he returned to me, approveth my judgment. Now I am warranted, I will not stick to say openly, I am commanded, not to exasperate, nor to aggravate the matter in question of the impoisonment with any other collateral charge of disloyalty, or otherwise; wherein, besides his majesty's principal intention, there will be some use to save the former bruits of Spanish matters. There is a direction given to Mr. Lieutenant by my lord chancellor and myself, that as yesterday Mr. Whitings the preacher, a discreet man, Somerset's business and charge, with his majesty's and one that was used to Helwisse, should preach before the lady, and teach her, and move her generally to a clear confession. That after the same preacher should speak as much to him at his going away in private: and so proof to be made, whether this good mean, and the last night's thoughts, will produce any thing. And that this day the lieutenant should declare to her the time of her trial, and likewise of his trial, and persuade her, not only upon Christian duty, but as good for them both, that she deal clearly touching him, whereof no use can be made, nor need to be made, for evidence, but much use may be made for their comfort. It is thought, at the day of her trial the lady will confess the indictment; which if she do, no evidence ought to be given. But because it shall not be a dumb show, and for his majesty's honour in so solemn an assembly, I purpose to make a declaration of the proceedings of this great work of justice, from the beginning to the end, where in, nevertheless, I will be careful no ways to prevent or discover the evidence of the next day. In this my lord chancellor and I have likewise used a point of providence: for I did forecast, that if in that narrative, by the connection of things, any thing should be spoken, that should show him guilty, she might break forth into passionate protestations for his clearing; which, though it may be justly made light of, yet it is better avoided. Therefore my lord chancellor and I have devised, that upon the entrance into that declaration she shall, in respect of her weakness, and not to add farther affliction, be withdrawn. It is impossible, neither is it needful, for me, God ever preserve and prosper you. I rest May 10, Friday, at 7 of the clock TO THE KING.+ MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, Frances, Countess of Somerset. For though it contain some matter of dislike, in which respect it hath grieved me more than any event, which hath fallen out in my life; yet because I know reprehensions from the best masters to the best servants are necessary; and that no chastisement is pleasant for the time, but yet worketh good effects; and for that I find intermixed some passages of trust and grace; and find also in myself inwardly sincerity of intention, and conformity of will, howsoever I may have erred; I do not a little comfort myself, resting upon your majesty's accustomed favour; and most humbly desiring, that any one of my particular notions may be expounded by the constant and direct course, which, your majesty knoweth, I have ever held in your service. And because it hath pleased your majesty, of your singular grace and favour, to write fully and freely unto me; it is duty and decorum in me not to write shortly to your majesty again, but with some length; not so much by way of defence or answer, which yet, I know, your majesty would always graciously admit; as to show, that I have, as I ought, weighed every word of your majesty's letter. First, I do acknowledge, that this match of Sir John Villiers is "magnum in parvo" in both senses, that your majesty speaketh. But your majesty perceiveth well, that I took it to be in a farther degree, "majus in parvo," in respect of your service. But since your majesty biddeth me to confide upon your act of empire, I have done. For, as the Scripture saith, "to God all things are possible;" so certainly to wise kings much is possible. But for that second sense, that your majesty speaketh of, "magnum in parvo," in respect of the stir; albeit it being but a most lawful and ordinary thing, I most humbly pray your majesty to pardon me, if I signify to you, that we here take the loud and vocal, and as I may call it, streperous carriage to have been far more on the other side, which indeed is inconvenient, rather than the thing itself. Now, for the manner of my affection to my Lord of Buckingham, for whom I would spend my life, and that which is to me more, the cares of my life; I must humbly confess, that it was in this a little parent-like, this being no other term, than his lordship hath heretofore vouchsafed to my counsels; but in truth, and it please your majesty, without any grain of disesteem for his lordship's discretion. For I know him to be naturally a wise man, of a sound and staid wit, as I ever said unto your majesty. And, again, I know he hath the best tutor in Europe. But yet I was afraid, that the height of his fortune might make him too secure; and as the proverb is, a looker-on sometimes seeth more than a gamester. answer to it, to have been written at Gorhambury, July 25, 1617. That printed with this date in his Works, should be + This letter appears, from the endorsement of the king's August 2, 1617, as I find by the original draught of it. For the particular part of a true friend, which your majesty witnesseth, that the earl hath lately performed towards me, in palliating some errors of mine; it is no new thing with me to be more and more bound to his lordship; and I am most humbly to thank, whatsoever it was, both your majesty and him; knowing well, that I may, and do commit many errors, and must depend upon your majesty's gracious countenance and favour for them, and shall have need of such a friend near your majesty. For I am not so ignorant of mine own case, but that I know I am come in with as strong an envy of some particulars, as with the love of the general. For my opposition to this business, which, it seemeth, hath been informed your majesty, I think it was meant, if it be not a thing merely feigned, and without truth or ground, of one of these two things; for I will dissemble nothing with your majesty. It is true, that in those matters, which, by your majesty's commandment and reference, came before the table concerning Sir Edward Coke, I was sometimes sharp, it may be too much; but it was with end to have your majesty's will performed; or else, when methought he was more peremptory than became him, in respect of the honour of the table. It is true also, that I dislike the riot or violence, whereof we of your council gave your majesty advertisement by our joint letter: and I disliked it the more, because he justified it to be law; which was his old song. But in that act of council, which was made thereupon, I did not see but all my lords were as forward as myself, as a thing most necessary for preservation of your peace, which had been so carefully and firmly kept in your absence. And all this had a fair end, in a reconcilement made by Mr. Attorney,* whereby both husband and wife and child should have kept together. Which, if it had continued, I am persuaded the match had been in better and fairer forwardness, than now it is. larly perceive an alteration in my carriage. And now that your majesty hath been pleased to open yourself to me, I shall be willing to further the match by any thing, that shall be desired of me, or that is in my power. And whereas your majesty conceiveth some dregs of spleen in me by the word "Mr. Bacon;" truly it was but to express in thankfulness the comparative of my fortune unto your majesty, the author of the latter, to show how little I needed to fear, while I had your favour. For, I thank God, I was never vindictive nor implacable. As for my opinion of prejudice to your majesty's service, as I touched it before, I have done; I do humbly acquiesce in your majesty's satisfaction, and rely upon your majesty's judgment, who unto judgment have also power, so to mingle the elements, as may conserve the fabric. For the interest, which I have in the mother, I do not doubt but it was increased by this, that I in judgment, as I then stood, affected that which she did in passion. But I think the chief obligation was, that I stood so firmly to her in the matter of her assurance, wherein I supposed I did your majesty service, and mentioned it in a memorial of council-business, as half craving thanks for it. And sure I am now, that, and the like, hath made Sir Edward Coke a convert, as I did write to your majesty in my last. For the collation of the two spirits, I shall easily subscribe to your majesty's answer; for Solomon were no true man, if in matter of malice the woman should not be the superior. To conclude, I have gone through, with the plainness of truth, the parts of your majesty's letter: very humbly craving pardon for troubling your majesty so long; and most humbly praying your majesty to continue me in your grace and favour, which is the fruit of my life upon the root of a good conscience. And although time in this business have cast me upon a particular, which, I confess, may have probable show of passion or interest; yet God is my witness, that the thing, that most moved me, was an anxious and solicitous care of your majesty's state and service, out of consideration of the time past and present. Now, for the times of things, I beseech your majesty to understand that which my Lord of Buckingham will witness with me, that I never had any word of letter from his lordship of the business, till I wrote my letter of advice; nor again, after my letter of advice, till five weeks after, which was now within this sennight. So that although I did in truth presume, that the earl would do nothing without your majesty's privity; yet I was in some doubt, by this his silence of his own mind, that he was not earnest in it, but only was content to embrace the officious offers ADVICE TO THE KING FOR REVIVING THE and endeavours of others. But, to conclude this point, after I had received, by a former letter of his lordship, knowledge of his mind, I think Sir Edward Coke himself, the last time he was before the lords, might particu Sir Henry Yelverton. God ever preserve and bless your majesty, and send you a joyful return after your prosperous journey. COMMISSION OF SUITS. THAT, which for the present I would have spoken with his majesty about, as a matter wherein time may be precious, being upon the tenderest point of all others. For, though the particular occasion may be despised, and yet nothing ought to be despised in this kind, yet the counsel thereupon I conceive to be most sound and necessary, to avoid future perils. when judgment is given, there be a faithful report made of the reason thereof. The accounts of the summer-circuits, as well as that of the lent-circuit, shall be ready against his majesty's coming. They will also be ready with some account of their labours concerning Sir Edward Coke's Reports: wherein I told them his majesty's meaning was, not to disgrace the person, but to rectify the work, having in his royal contemplation rather posterity than the present. judges. The cause of the Egertons I have put off, and shall presently enter into the treaty of accord, according to his majesty's commandment, which is well tasted abroad, in respect of his compassion towards those ancient families. There is an examination taken within these few days, by Mr. Attorney, concerning one Baynton, or Baynham, for his name is not yet certain, attested by two witnesses, that the said Baynton, without any apparent show of being overcome with drink, otherwise than so as might make him less wary to keep secrets, said, that he had been lately with the king, to petition him for reward of service; which was denied him. The two points touching the peace of the middle Whereupon it was twice in his mind to have kill-shires, I have put to a consult with some selected ed his majesty. The man is not yet apprehended, and said by some to be mad, or half-mad; which, in my opinion, is not less dangerous; for such men commonly do most mischief; and the manner of his speaking imported no distraction. But the counsel I would out of my care ground hereupon is, that his majesty would revive the commission for suits, which hath been now for these three years, or more, laid down. For it may prevent any the like wicked cogitations, which the devil may put into the mind of a roarer York House, October 11, 1617. or swaggerer, upon a denial: and, besides, it will free his majesty from much importunity, and save his coffers also. For I am sure when I was a commissioner, in three whole years' space there passed scarce ten suits that were allowed. And I doubt now, upon his majesty's coming home from this journey, he will be much troubled with petitions and suits; which maketh me think this remedy more seasonable. It is not meant, that suits generally should pass that way, but only such suits as his majesty would be rid on. Endorsed, To revive the commission of suits. For the king. TO THE EARL OF BUCKINGHAM. MY VERY GOOD LORD, It may please your lordship to let his majesty understand, that I have spoken with all the judges, signifying to them his majesty's pleasure touching the commendams. They all "una voce" did reaffirm, that his majesty's powers, neither the power of the crown, nor the practised power by the archbishop, as well in the commendam "ad recipiendum," as the commendam ad retinendum," are intended to be touched; but that the judgment is built upon the particular defects and informalities of this commendam now before them. They received with much comfort, that his majesty took so well at their hands the former stay, and were very well content and desirous, that VOL. II.-66 God ever preserve and prosper your lordship, according to the faithful and fervent wishes of Your lordship's true friend and devoted servant, FR. BACON. TO THE LORD KEEPER.* I have delivered the judges' advice, touching the middle shires, unto his majesty, who liketh it very well. As for the point of law, his majesty will consider of it at more leisure, and then send you his opinion thereof. And so I rest Your lordship's faithful friend and servant, Hinchinbroke, the 22d of Oct. 1617. TO THE LORD KEEPER.t MY HONOURABLE LORD, Understanding, that Thomas Hukeley, a merchant of London, of whom I have heard a good report, intendeth to bring before your lordship in chancery a cause depending between him, in right of his wife, daughter of William Austen, and one John Horsmendon, who married another daughter of the said Austen; I have thought fit to desire your lordship to give the said Thomas Hukeley a favourable hearing when his cause shall come before you; and so far to respect him for my sake, as your lordship shall see him grounded upon equity and reason; which is no more than, I as sure myself, your lordship will grant readily, as it is desired by Your lordship's faithful friend and servant, Endorsed, November 17, 1617. TO THE LORD CHANCELLOR.* MY HONOURABLE LORD, me in the cause, to treat of some concord in a rea- sonable moderation between the ministers and the mayor and the commonalty of London in behalf of the citizens; and to make some pact and transaction between them by consent, if it may be ; or otherwise to hear and certify their opinion touching the cause, that thereupon his majesty may take such farther order, by directing of a proceeding in chancery, or by some other course, as to his wisdom shall seem fit. You will have care to draw the commission I have heretofore recommended unto your lordship the determination of the cause between Sir Rowland Egerton and Edward Egerton,† who, I understand, did both agree, being before your lordship, upon the values of the whole lands. And as your lordship hath already made so good an entrance into the business, I doubt not but you will be as noble in furthering the full agreement between the parties: whereunto, I am informed, Sir Rowland Egerton is very forward, offering on his part that, which to me seemeth very reasonable, either to divide the lands, and his adverse party to choose; or the other to divide, and he to choose. Whereupon my desire to your lordship is, that you would accordingly make a final end between Jan. 19, 1617. them, in making a division, and setting forth the lands, according to the values agreed upon by the parties themselves. Wherein, besides the charitable work your lordship shall do in making an end of a controversy between those, whom name and blood should tie together, and keep in unity, I will acknowledge your favour as unto myself, and will ever rest Your lordship's faithful servant, Theobalds's, January 9, 1617. TO SIR HENRY YELVERTON, ATTORNEY- MR. ATTORNEY, Whereas, there dependeth before me in chancery a great cause of tithes concerning the benefices of London, though in a particular, yet, by consequence, leading to a general; his majesty, out of a great religious care of the state, both of church and city, is graciously pleased, that before any judicial sentence be pronounced in chancery, there be a commission directed unto me, the lord chancellor, the lord treasurer, the lord privy-seal, and the lord chamberlain; and likewise to the lord archbishop, the Lord Bishop of Winchester, and the Bishop of Ely, and also to the master of the rolls, the two lord chief justices,¶ Justice Dodderidge, and Justice Hutton, who formerly assisted Sir Francis Bacon had that title given him January 4. This was one of the causes mentioned in the charge of the House of Commons against the Lord Bacon; in his answer to which, he acknowledged, that some days after perfecting his award, which was done with the advice and consent of the Lord Chief Justice Hobart, and publishing it to the parties, he received 300!. of Mr. Edward Egerton, by whom, soon after his coming to the seal, he had likewise been presented with 4007. in a purse. Dr. James Montagu. Dr. Lancelot Andrews. Sir Julius Cæsar. Sir Henry Montagu of the king's bench, and Sir Henry Hobart of the common pleas. with some preface of honour to his majesty, and likewise to insert in the beginning of the commission, that it was "de advisamento cancellarii,” (as it was indeed,) lest it should seem to be taken from the court. So I commit you to God's, etc. FR. BACON, Canc. TO THE LORD CHANCELLOR.* George Tipping, in giving liberty unto him to Newmarket, Jan. 23, 1617. G. BUCKINGHAM. TO THE LORD CHANCELLOR.† MY HONOURABLE LORD, Understanding that there is a suit depending before your lordship, between Sir Rowland Cot *Harl. MSS. vol. 7006. + Harl. MSS. vol. 7006. |