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which was dedicated to my lord of Essex, being a story of the first year of king Henry IV. thinking it a seditious prelude to put into the people's head boldness and faction, said, She had an opinion that there was treason in it, and asked me if I could not find any places in it that might be drawn within case of treason: whereto I answered; For treason surely I found none, but for felony very many. And when her Majesty hastily asked me, Wherein? I told her, the author had committed very apparent theft; for he had taken most of the sentences of Cornelius Tacitus, and translated them into English, and put them into his text. And another time when the queen would not be persuaded that it was his writing whose name was to it, but that it had some more mischievous author; and said with great indignation, That she would have him racked to produce his author: I replied; "Nay, madam, lie is a doctor, never rack his person, but rack his style; let him have pen, ink, and paper, and help of books, and be enjoined to continue the story where it breaketli off, and I will undertake by collating the styles to judge whether he were the author or no." But for the main matter, sure I am, when the queen at any time asked mine opinion of my lord's case, I ever in one tenour said unto her; That they were faults which the law might term contempts; because they were the transgressions of her particular directions and instructions: but then what defence might be made of them, in regard of the great interest the person had in her Majesty's favour; in regard of the greatness of his place, and the ampleness of his commission j in regard of the nature of the business, being action of war, which in common cases cannot be tied to strictness of instructions; in regard of the distance of the place, having also a sea between, that his demands and her commands must be subject to wind and weather; in regard of a council of state in Ireland, which he had at his back to avow his actions upon; and lastly, in regard of a good intention that he would allege for himself; which, I told her, in some religions was held to be a sufficient dispensation for God's commandments, much more for princes: in all these regards, I besought her Majesty to be advised again and again, how she brought the cause into any public question. Nay, I went farther; for I told her, my lord was an eloquent and well-spoken man; and besides his eloquence of nature or art, he had an eloquence of accident which passed them both, which was the pity and benevolence of his hearers; and therefore, that when he should come to his answer for himself, I doubted his words would have so unequal a passage above theirs that should charge him, as would not be for her Majesty's honour; and therefore wished the conclusion might be, that they might wrap it up privately between themselves; and that she would restore my lord to his former attendance, with some addition of honour to take away discontent But this I will never deny; that I did show no approbation generally of his being sent back again into Ireland, both because it would have carried a repugnancy with my former discourse, and because I was in mine own heart fully persuaded that it was

not good, either for the queen, or for the state, or for himself: and yet I did not dissuade it neither, but left it ever as locus lubricus. For this particularity I do well remember, that after your lordship was named for the place in Ireland, and not long before your going, it pleased her Majesty at Whitehall to speak to me of that nomination: at which time I said to her; "Surely, madam, if you mean not to employ my lord of Essex thither again, your Majesty cannot make a better choice;" and was going on to show some reason, and her Majesty interrupted me with great passion: "Essex!" said she; "whensoever I send Essex back again into Ireland, I will marry you, claim it of me." Whereunto I said; "Well, madam, I will release that contract, if his going be for the good of your state." Immediately after the queen had thought of a course, which was also executed, to have somewhat published in the Star-chamber, for the satisfaction, of the world, touching my lord of Essex his restraint, and my lord not to be called to it; but occasion to be taken by reason of some libels then dispersed: which when her Majesty propounded unto me, I was utterly against it: and told her plainly, That the people would say, that my lord 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 famie, 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 Starchamber, 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.

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 proceeding in the Starchamber had done no good, but rather kindled factions, 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: howbeit, 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 give that the matter should be heard 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 stedfastly 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 compliments, 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 j 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 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 I 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 life-time 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 yon, 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 mind,

and not ruin his fortune: I know well you cannot but think that you have drawn the humour sufficiently | and therefore it were more than time, and it were but for doubt of mortifying or exulcerating, that you did apply and minister strength and comfort unto him: for these same gradations of yours are fitter to corrupt than correct any mind of greatness." And another time I remember she told me for news, That my lord had written unto her some very dutiful letters, and that she had been moved by them; and whe« 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, "0 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."

And not to trouble your lordship with many other particulars like unto these, it was at the self-same time that 1 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, for they cannot now be retracted or altered, being by reason of my brother's or his lordship's servants' delivery long since come into divers hands, let him judge, especially if he knew the queen, and do remember those times, whether they were not the labours of one that sought to bring the queen about for my lord of Essex his good. The truth is, that the issue of all his dealing grew to this, that the queen, by some slackness of my lord's, as I imagine, liked him worse and worse, and grew more incensed towards him. Then she remembering belike the continual, and incessant, and confident speeches and courses that I had held on my lord's side, became utterly alienated from me, and for the space of, at least, three months, which was between Michaelmas and New-year's-tide following, would not so much as look on me, but turned away from me with express and purpose-like discountenance wheresoever she saw me; and at such time as I desired to speak with her about law-business, ever sent me forth very slight refusals, insomuch as it is most true, that immediately after New-year's-tide I desired to speak with her, and being admitted to her, 1 dealt with her plainly; and said, " Madam, I see you withdraw your favour from me, and now I have lost many friends for your sake, 1 shall lose you too: you have put me like one of those that the Frenchmen call enfans perdus, that serve on foot before horsemen; 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 *ivus vidensque pereo: if I do break my neck, I shall do it in a manner as Master Dorington 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 thus I made mine own peace with mine own confidence at that time; and this was the last time I saw her Majesty before the eighth of February, which was the day of my lord of Essex his misfortune; after which time, for that I performed at the bar in my public service, your lordship knoweth, by the rules of duty, that I was to do it honestly, and without prevarication; but for any putting myself into it, I protest before God, I never moved either the queen, or any person living, concerning my being used in the service, either of evidence or examination : but it was merely laid upon me with the rest of my fellows. And for the time which passed, I mean between the arraignment and my lord's suffering, I well remember I was but once with the queen, at what time, though I durst not deal directly for my lord as things then stood, 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 cruel-minded 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 at

tainted, 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 many of the rest. But what was the reason? Because at that time I had seen only hit 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 1 put in writing, commanded me to pen that book, which was published for the better satisfaction of the w-orld; 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 tale 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 verv humbly,

F. B.




And please you, Mr. Speaker, I must consider the time which is spent; but yet so, as I must consider also the matter, which is great. This great cause was, at the first, so materially and weightily propounded; and after, in such sort persuaded and enforced; and by him that last spake, so much time taken, and yet to good purpose; as I shall speak at a great disadvantage: but because it hath been always used, and the mixture of this house doth so require it, that in causes of this nature there be some speech and opinion, as well from persons of generality, as by persons of authority, I will say somewhat, and not much: wherein it shall not be fit for me to enter into, or to insist upon secrets, either of her Majesty's coffers, or of her council; but my speech must be of a more vulgar nature.

I will not enter, Mr. Speaker, into a laudative speech of the high and singular benefits, which by her Majesty's most politic and happy government we receive, thereby to incite you to a retribution; partly because no breath of man can set them forth worthily; and partly because I know her Majesty in her magnanimity doth bestow her benefits like her freest patents, absque aliquo inde reddendo; not looking for any thing again, if it were in respect only of her particular, but love and loyalty. Neither will I now at this time put the case of this realm of England too precisely; how it standelh with the subject in point of payments to the crown: though I could make it appear by demonstration, what opinion soever be conceived, that never subjects were partakers of greater freedom and ease; and that whether you look abroad into other countries at this present time, or look back to former times in this our own country, we shall find an exceeding difference in matter of taxes; which now I reserve to mention; not so much in doubt to acquaint your ears with foreign strains, or to dig up the sepulchres of buried and forgotten impositions, which in this

case, as by way of comparison, it is necessary you understand; but because speech in the house is fit to persuade the general point, and particularly is more proper and seasonable for the committee: neither will I make any observations upon her Majesty's manner of expending and issuing treasure; being not upon excessive and exorbitant donatives; nor upon sumptuous and unnecessary triumphs, buildings, or like magnificence; but upon the preservation, protection, and honour of the realm: for I dare not scan upon her Majesty's actions, which it becometh me rather to admire in silence, than to gloss or discourse upon them, though with never so good a meaning. Sure I am that the treasure that cometh from you to her Majesty is but as a vapour which riseth from the earth, and gathereth into a cloud, and stayeth not there long; but upon the 8ame earth it falleth again: and what if some drops of this do fall upon France or Flanders? It is like a sweet odour of honour or reputation to our nation throughout the world. But I will only insist upon the natural and inviolate law of preservation.

It is a truth, Mr. Speaker, and a familiar truth, that safety and preservation is to be preferred before benefit or increase, inasmuch as those counsels which tend to preservation seem to be attended with necessity: whereas those deliberations which tend to benefit, seem only accompanied with persuasion. And it is ever gain and no loss, when at the foot of the account there remains the purchase of safety. The prints of this are every where to be found: the patient will ever part with some of his blood to save and clear the rest: the sea-faring man will, in a storm, cast over some of his goods to save and assure the rest: the husbandman will afford some foot of ground for his hedge and ditch, to fortify and defend the rest. Why, Mr. Speaker, the disputer will, if he be wise and cunning, grant somewhat that seemeth to make against him, because

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