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clared by Frank- ticular, that Mrs. Turner did time between the use of the little charm, or, as lin after

at Whitehall show to Franklin his majesty better terms it, " the evangile,"* and demnation.

the man, who, as he said, poi- the day of his trials notwithstanding his majesty's soned the prince, which, he being so far off, as advertisement of success and says, was a physician with a order thereupon could not go and come between, red beard.

was chiefly, for that his majesty, from whom the Nothing to So- That there was a little pic- overture of that first moved, did write but a few merset, and ture of a young man in white hours, that this should be done, which I turned loose conjecture.

wax, left by Mrs. Turner with into days. Secondly, because the hope I had of Forman the conjurer, which effect by that mean, was rather of attempting him my Lord Coke doubted was at his arraignment, than of confession before his the prince.

arraignment. But I submit it to his majesty's No better than That the Viceroy of the better judgment. a gazette, or pas- Indies at Goa reported to an The person, by your first description, which sage of Gallo English factor, that Prince was without name, I thought had been meant of Belgicus. Henry came to an untimely Packer :t but now perceive it is another, to me

death by a mistress of his. unknown, but, as it seemeth, very fit. I doubt Nothing yet That Somerset with others, not but he came with sufficient warrant to Mr. proved against would have preferred Lowbell Lieutenant to have access. In this I have no Lowbell.

the apothecary to Prince more to do, but to expect to hear from his majesty Charles.

how this worketh. Nothing to So- That the countess laboured The letter from his majesty to myself and the merset.

Forman and Gresham, the serjeants I have received, such as I wished; and conjurers, to enforce the queen I will speak with the commissioners, that he may, by witchcraft to favour the by the lieutenant, understand his majesty's care countess.

of him, and the tokens herein of his majesty's Declared by That the countess told compassion towards him. Franklin after Franklin, that when the queen I ever had a purpose to make use of that circondemnation. died, Somerset should have cumstance, that Overbury, the person murdered, Somerset House.

was his majesty's prisoner in the Tower; which Nothing to So

That Northampton said, indeed is a strong pressure of his majesty's merset.

the prince, if ever he came to justice. For Overbury is the first prisoner mur

reign, would prove a tyrant. dered in the Tower, since the murder of the young Nothing to So- That Franklin was moved princes by Richard the Third, the tyrant. merset.

by the countess to go to the I would not trouble his majesty with any points
Palsgrave, and should be fur- of preamble, nor of the evidence itself, more than
nished with

that part nakedly, wherein was the tenderness, in The particular reasons, why I omit them, I which I am glad his majesty, by his postils, which have set in the margin ; but the general is partly he returned to me, approveth my judginent. to do a kind of right to justice, and such a solemn Now I am warranted, I will not stick to say trial, in not giving that in evidence, which touches openly, I am commanded, not to exasperate, nor not the delinquent, or is not of weight; and partly to aggravate the matter in question of the impoito observe your majesty's direction, to give So-sonment with any other collateral charge of dismerset no just occasion of despair or flushes. loyalty, or otherwise ; wherein, besides his

But, I pray your majesty to pardon me, that I majesty's principal intention, there will be some have troubled your majesty with repeating them, use to save the former bruits of Spanish matters. lest you should hear hereafter, that Mr. Attorney There is a direction given to Mr. Lieutenant hath omitted divers material parts of the evidence. by my lord chancellor and myself, that as yesterEndorsed,

day 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 postiles.

* Cicero, Epist. ad Atticum, Lib. XIII. Ep. 40, uses this word, evayyénia; which signifies both good news, and the reward given to him who brings good news. See Lib. II. Epist. 3.

† The Earl of Somerset's.

† John, of whom there are several letters in Winwood's TO SIR GEORGE VILLIERS.

Memorials, vol. II. SIR,

Jolin Whiting, D. D. rector of St. Martin Vintry, in Lon.

đon, and Vicar of East-Ham in Essex, prebendary of EaldYour man made good haste; for he was with street in the church of St. Paul's, and chaplain to King James me yesterday about ten of the clock in the fore- 1. He attended Sir Gervase Helwisse, who had been Lieu.

tenant of the Tower, at his execution upon Tower-Hill, on noon. Since I held him.

Monday the 20th of November, 1615, for the murder of Sir The reason, why I set so small a distance of Thomas Overbury

before the lady,* and teach her, and move her For though it contain some matter of dislike, in generally to a clear confession. That after the which respect it hath grieved me more than any bame preacher should speak as much to him at his event, which hath fallen out in my life; yet begoing away in private : and so proof to be made, cause I know reprehensions from the best masters whether this good mean, and the last night's to the best servants are necessary; and that no thoughts, will produce any thing. And that this chastisement is pleasant for the time, but yet day the lieutenant should declare to her the time worketh good effects; and for that I find interof her trial, and likewise of his trial, and persuade mixed some passages of trust and grace; and her, not only upon Christian duty, but as good find also in myself inwardly sincerity of intenfor them both, that she deal clearly touching him, tion, and conformity of will, howsoever I may whereof no use can be made, nor need to be have erred; I do not a little comfort myself, restmade, for evidence, but much use may be made ing upon your majesty's accustomed favour; and for their comfort.

most humbly desiring, that any one of my partiIt is thought, at the day of her trial the lady cular notions may be expounded by the constant will confess the indictment; which if she do, no and direct course, which, your majesty knoweth, evidence ought to be given. But because it shall I have ever held in your service. not be a dumb show, and for his majesty's honour And because it hath pleased your majesty, of in so solemn an assembly, I purpose to make a your singular grace and favour, to write fully and declaration of the proceedings of this great work freely unto me; it is duty and decorum in me not of justice, from the beginning to the end, where to write shortly to your majesty again, but with in, nevertheless, I will be careful no ways to some length; not so much by way of defence or prevent or discover the evidence of the next day. answer, which yet, I know, your majesty would

In this my lord chancellor and I have likewise always graciously admit; as to show, that I have, used a point of providence: for I did forecast, as I ought, weighed every word of your majesty's that if in that narrative, by the connection of letter. things, any thing should be spoken, that should First, I do acknowledge, that this match of Sir show him guilty, she might break forth into John Villiers is “magnum in parvo” in both passionate protestations for his clearing; which, senses, that your majesty speaketh. But your though it may be justly made light of, yet it is majesty perceiveth well, that I took it to be in a better avoided. Therefore my lord chancellor and farther degree, “majus in parvo,” in respect of I have devised, that upon the entrance into that your service. But since your majesty biddeth declaration she shall, in respect of her weakness, me to confide upon your act of empire, I have and not to add farther affliction, be withdrawn. done. For, as the Scripture saith, “to God all

It is impossible, neither is it needful, for me, things are possible ;" so certainly to wise kings to express all the particulars of my care in this much is possible. But for that second sense, that business. But I divide myself into all cogitations your majesty speaketh of, “ magnum in parvo," as far as I can foresee; being very glad to find, in respect of the stir; albeit it being but a most that his majesty doth not only accept well of my lawful and ordinary thing, 1 most humbly pray care and advices, but that he applieth his direc- your majesty to pardon me, if I signify to you, tions so fitly, as guideth me from time to time. that we here take the loud and vocal, and as I

I have received the commissions signed. may call it, streperous carriage to have been far

I am not forgetful of the goods and estate of more on the other side, which indeed is inconveniSomerset, as far as is seasonable to inquire at this ent, rather than the thing itself. time. My Lord Coke taketh upon him to answer Now, for the manner of my affection to my for the jewels, being the chief part of his move- Lord of Buckingham, for whom I would spend able value: and this, I think, is done with his my life, and that which is to me more, the cares majesty's privity. But my Lord Coke is a good of my life; I must humbly confess, that it was in man to answer for it.

this a little parent-like, this being no other term, God ever preserve and prosper you. I rest than his lordship hath heretofore vouchsafed to Your true and devoted servant,

my counsels; but in truth, and it please your

FR. Bacon. majesty, without any grain of disesteem for his May 10, Friday, at 7 of the clock

lordship's discretion. For I know him to be in the morning, (1616.)

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 TO THE KING.+

I was afraid, that the height of his fortune might MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, make him too secure; and as the proverb is, a

I do very much thank your majesty for your looker-on sometimes seeth more than a gamester. Jetter, and think myself much honoured by it.

answer to it, to have been written at Gorhambury, July 25, Frances, Countess of Somerset.

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 larly perceive an alteration in my carriage. And your majesty witnesseth, that the earl hath lately now that your majesty hath been pleased to open performed towards me, in palliating some errors yourself to me, I shall be willing to further the of mine; it is no new thing with me to be more match by any thing, that shall be desired of me, and more bound to his lordship; and I am most or that is in my power. humbly to thank, whatsoever it was, both your And whereas your majesty conceiveth some majesty and him; knowing well, that I may, and dregs of spleen in me by the word “ Mr. Bacon;" do commit many errors, and must depend upon truly it was but to express in thankfulness the your majesty's gracious countenance and favour comparative of my fortune unto your majesty, the for them, and shall have need of such a friend author of the latter, to show how little I needed near your majesty. For I am not so ignorant of to fear, while I had your favour. For, I thank mine own case, but that I know I am come in God, I was never vindictive nor implacable. with as strong an envy of some particulars, as As for my opinion of prejudice to your majeswith the love of the general.

ty's service, as I touched it before, I have done; For my opposition to this business, which, it I do humbly acquiesce in your majesty's satisfacseemeth, hath been informed your majesty, I tion, and rely upon your majesty's judgment, think it was meant, if it be not a thing merely who unto judgment have also power, so to mingle feigned, and without truth or ground, of one of the elements, as may conserve the fabric. these two things; for I will dissemble nothing For the interest, which I have in the mother, I with your majesty. It is true, that in those mat- do not doubt but it was increased by this, that I ters, which, by your majesty's commandment and in judgment, as I then stood, affected that which reference, came before the table concerning Sir she did in passion. But I think the chief obligaEdward Coke, I was sometimes sharp, it may be tion was, that I stood so firmly to her in the mattoo much; but it was with end to have your ter of her assurance, wherein I supposed I did majesty's will performed; or else, when me- your majesty service, and mentioned it in a methought he was more peremptory than be- morial of council-business, as half craving thanks came him, in respect of the honour of the for it. And sure I am now, that, and the like, table. It is true also, that I dislike the riot or hath made Sir Edward Coke a convert, as I did violence, whereof we of your council gave your write to your majesty in my last. majesty advertisement by our joint letter: and I For the collation of the two spirits, I shall disliked it the more, because he justified it to be easily subscribe to your majesty's answer; for Jaw; which was his old song. But in that act Solomon were no true man, if in matter of malice of council, which was made thereupon, I did not the woman should not be the superior. see but all my lords were as forward as myself, To conclude, I have gone through, with the as a thing most necessary for preservation of plainness of truth, the parts of your majesty's your peace, which had been so carefully and letter: very humbly craving pardon for troubling firmly kept in your absence. And all this had a your majesty so long; and most humbly praying fair end, in a reconcilement made by Mr. Attor- your majesty to continue me in your grace and ney, * whereby both husband and wife and child favour, which is the fruit of my life upon the should have kept together. Which, if it had root of a good conscience. And although time in continued, I am persuaded the match had been in this business have cast me upon a particular, better and fairer forwardness, than now it is. which, I confess, may have probable show of

Now, for the times of things, I beseech your passion or interest; yet God is my witness, that majesty to understand that which my Lord of the thing, that most moved me, was an anxious Buckingham will witness with me, that I never and solicitous care your majesty's state and had any word of letter from his lordship of the service, out of consideration of the time past and business, till I wrote my letter of advice; nor present. again, after my letter of advice, till five weeks God ever preserve and bless your majesty, and after, which was now within this sennight. So send you a joyful return after your prosperous that although I did in truth presume, that the earl journey. 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.

COMMISSION OF SUITS. But, to conclude this point, after I had received, by a former letter of his lordship, knowledge of That, which for the present I would have his mind, I think Sir Edward Coke himself, the spoken with his majesty about, as a matter last time was before the lords, might particu- wherein time may be precious, being upon the

tenderest point of all others. For, though the Sir Henry Yelverton.

particular occasion may be despised, and yet nothing ought to be despised in this kind, yet the when judgment is given, there be a faithful report counsel thereupon I conceive to be most sound made of the reason thereof. and necessary, to avoid future perils.

The accounts of the summer-circuits, as well There is an examination taken within these as that of the lent-circuit, shall be ready against few days, by Mr. Attorney, concerning one Bayn- his majesty's coming. They will also be ready don, or Baynham, for his name is not yet certain, with some account of their labours concerning attested by two witnesses, that the said Baynton, Sir Edward Coke's Reports: wherein I told them without any apparent show of being overcome his majesty's meaning was, not to disgrace the with drink, otherwise than so as might make person, but to rectify the work, having in his him less wary to keep secrets, said, that he had royal contemplation rather posterity than the been lately with the king, to petition him for present. Teward 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 apprehend- judges. ed, and said by some to be mad, or half-mad; The cause of the Egertons I have put off, and which, in my opinion, is not less dangerous; for shall presently enter into the treaty of accord, acsuch men commonly do most mischief; and the cording to his majesty's commandment, which is manner of his speaking imported no distraction. well tasted abroad, in respect of his compassion But the counsel I would out of my care ground towards those ancient families. hereupon is, that his majesty would revive the God ever preserve and prosper your lordship, commission for suits, which hath been now for according to the faithful and fervent wishes of these three years, or more, laid down. For it Your lordship’s true friend and devoted servant, may prevent any the like wicked cogitations,

FR. Bacon. 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

TO THE LORD KEEPER. passed scarce ten suits that were allowed. And

MY HONOURABLE LORD, I doubt now, upon his majesty's coming home from this journey, he will be much troubled the middle shires, unto his majesty, who liketh it

I have delivered the judges' advice, touching with petitions and suits; which maketh me

well. As for the point of law, his majesty

very think this remedy more seasonable.

It is not

will consider of it at more leisure, and then send meant, that suits generally should pass that way, but only such suits as his majesty would you his opinion thereof. And so I rest

Your lordship's faithful friend and servant, be rid on.

Hinchinbroke, the 22d of Oct. 1617.

September 21, 1617.
To revive the commission of suits. For the


Understanding, that Thomas Hukeley, a mer-

chant of London, of whom I have heard a good

report, intendeth to bring before your lordship in MY VERY GOOD LORD,

chancery a cause depending between him, in right It may please your lordship to let his majesty of his wife, daughter of William Austen, and one understand, that I have spoken with all the judges, John Horsmendon, who married another daughter signifying to them his majesty's pleasure touch of the said Austen; I have thought fit to desire ing the commendams. They all « una voce" did your lordship to give the said Thomas Hukeley a Teaffirm, that his majesty's powers, neither the favourable hearing when his cause shall come power of the crown, nor the practised power by before you; and so far to respect him for my sake, the archbishop, as well in the commendam “ad as your lordship shall see him grounded upon recipiendum,” as the commendam . ad retinen- equity and reason; which is no more than, I as dum," are intended to be touched; but that the sure myself, your lordship will grant readily, as judgment is built upon the particular defects and it is desired by informalities of this cominendam now before them. Your lordship's faithful friend and servant, They received with much comfort, that his ma

G. BUCKINGHAM. jesty took so well at their hands the former stay,

Endorsed, November 17, 1617. and were very well content and desirous, that • Harl. M88. vol. 7006.

Ibid. Vol. II.-66

2 x 2


me in the cause, to treat of some concord in a res.

sonable moderation between the ministers and the MY HONOURABLE LORD,

mayor and the commonalty of London in behalf I have heretofore recommended unto your lord of the citizens ; and to make some pact and transship the determination of the cause between Sir action between them by consent, if it may be ; or Rowland Egerton and Edward Egerton, who, I otherwise to hear and certify their opinion touchunderstand, did both agree, being before your ing the cause, that thereupon his majesty may Jordship, upon the values of the whole lands. take such farther order, by directing of a proceedAnd as your lordship hath already made so good ing in chancery, or by some other course, as to his an entrance into the business, I doubt not but you wisdom shall seem fit. will be as noble in furthering the full agreement

You will have care to draw the commission between the parties: whereunto, I am informed, Sir with some preface of honour to his majesty, and Rowland Egerton is very forward, offering on his likewise to insert in the beginning of the compart that, which to me seemeth very reasonable, mission, that it was de advisamento cancellarii,” either to divide the lands, and his adverse party to (as it was indeed,) lest it should seem to be taken choose; or the other to divide, and he to choose from the court. So I commit you to God's, etc. Whereupon my desire to your lordship is, that

Fr. Bacon, Canc. 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 chari

TO THE LORD CHANCELLOR." table work your lordship shall do in making an

MY HONOURABLE LORD, end of a controversy between those, whom name

I thank your lordship for your favour to Sir and blood should tie together, and keep in unity: George Tipping, in giving liberty unto him to I will acknowledge your favour as unto myself, make his appearance before you after the holyand will ever rest

days, at my request; who, as I understand by Your lordship's faithful servant,

some friends of mine, who moved me to recomG. BUCKINGHAM.

mend him to your lordship’s favour, is willing to Theobalds's, January 9, 1617.

conform himself in performance of the decree made in the chancery by your lordship's predecessor, but that he is persuaded, that presently,

upon the performance thereof, his son will make TO SIR HENRY YELVERTON, ATTORNEY- away the land that shall be conveyed unto him: GENERAL

which being come to Sir George from his ancesMR. ATTORNEY,

tors, he desireth to preserve to his posterity. I Whereas, there dependeth before me in chan- desire your lordship’s farther favour therefore unto cery a great cause of tithes concerning the bene- him, that you will find out some course, how he fices of London, though in a particular, yet, by may be exempted from that fear of the sale of his consequence, leading to a general; his majesty, lands, whereof he is ready to acknowledge a fine out of a great religious care of the state, both of to his son, and to his heirs by Anne Pigot; and, church and city, is graciously pleased, that before they failing, to his son's heirs males, and for any judicial sentence be pronounced in chancery, want thereof, to any of his son's or brethren's there be a commission directed unto me, the lord heirs males, and so to the heirs general of his chancellor, the lord treasurer, the lord privy-seal, father and himself, by lineal descent, and the reand the lord chamberlain; and likewise to the lord mainder to the crown. This offer, which seemeth archbishop, the Lord Bishop of Winchester, and very reasonable, and for his majesty's advantage, I the Bishop of Ely, and also to the master of the desire your lordship to take into your consideration, rolls,|| the two lord chief justices,f Justice Dod- and to show him what favour you may for my sake; deridge, and Justice Hutton, who formerly assisted which I will readily acknowledge, and ever rest

Your lordship's faithful servant, Sir Francis Bacon had that title given him January 4.

G. BUCKINGHAM. + This was one of the causes mentioned in the charge of

Newmarket, Jan. 23, 1617. the House of Commons against the Lord Bacon; in his an. swer to which, he acknowledged, that some days after per. fecting his award, which was done with the advice and consent of the Lord Chief Justice Hobart, and publishing it to

TO THE LORD CHANCELLOR. the parties, he reeeived 300!. of Mr. Edward Egerton, by whom, soon after his coming to the seal, he had likewise been MY HONOURABLE LORD, presented with 4001. in a purse.

Understanding that there is a suit depending Dr. James Montagu.

before your lordship, between Sir Rowland CotIl Sir Julius Cæsar.

Sir Henry Montagu of the king's bench, and Sir Henry Hobart of the common pleas.

+ Harl. MSS. vol. 7006.

Dr. Lancelot Andrews.

* Harl. MSS. vol. 7006.

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