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minus firmata est d'uciplina militaris periculo Quinti Mai suit, quam miterabili sujrplicio Titi Manlii. The discipline of war was no less established by the questioning of Quintus Maximus, than by the punishment of Titus Manlius. And the same reason is in the reformation of justice; for the questioning of men in eminent places hath the same terror, though not the same rigour with the punishment. But my cause stays not there; for my humble desire is, that his majesty would take the seal into his hands, which is a great downfall, and may serve, I hope, in itself for an expiation of my faults.

Therefore, if mercy and mitigation be in your lordships' power, and no way cross your ends, why should 1 not hope of your favour and commiseration I Your lordships will be pleased to bebold your chief pattern, the King our sovereign, a king of incomparable clemency, and whose heart is inscrutable for wisdom and goodness; and your lordships will remember, there sate not these hundred years before a prince in your house, and never such a prince, whose presence deserveth to be made memorable by records and acts mixed of mercy and justice. Yourselves are either nobles (and compassion ever beateth in the veins of noble blood) or reverend prelates, who are the servants of him that would not break the bruised reed, nor quench the smoking flax. You all sit upon a high stage, and therefore cannot but be sensible of the change of human conditions, and of the fall of any from high place.

Neither will your lordships forget that there are vitia temporis, as well as ti<ia kominis, and the beginning of reformation hath the contrary power to the pool of Bethesda; for that had strength to cure him only that was first cast in, and this hath strength to hurt him only that is first cast in; and for my part, 1 wish it may stay there, and go no further.

Lastly, I assure myself, your lordships have a noble feeling of me, as a member of your own body, and one that, in this very session, had some taste of your loving affections, which, I hope, was not a lightning before the death of them, but rather a spark of that grace, which now in the conclusion will more appear: and therefore my humble suit to your lordships is, that my penitent submission may be my sentence, the loss of the seal my punishment, and that your lordships would recommend me to his majesty's grace and pardon for all that is past. God's holy spirit be among you.

[From the Journals.]

Die Jovis, videlicet, 3" die Maii, Domini tam spirituales quam temporales, quorum nomina subscribuntur, praesentes fuerunt:

p. Carolus Princeps Walliae, etc. p. Archiepus. Cant. p. Jac. Ley, Miles et Bar. Ds.

p. Archiepus. Eborum. Capit. Justic. Locum tenens.

The gentleman usher and the serjeant at arms attending this house reported, that (according to the appointment of their lordships yesterday) they repaired last night unto the Lord Chancellor, whom they found sick in bed; and they signified unto him their lordships' pleasure; and said they were sent to summon him to appear here before their lordships this morning, by nine of the clock; who answered, that he is sick, and protested he feigned not this for an excuse; for, if he had been well, he would willingly have come.

The lords resolved to proceed notwithstanding against the Lord Chancellor; and the King's Attorney having read the charge and confession, it was put to the question whether the Lord Chancellor be guilty of the matters wherewith he is charged or no; and it was agreed by all, vemine dissentieme, that he was thereof guilty.

And, to the end the lords might the more freely dispute and resolve what sentence to pass upon the Lord Chancellor for his said offences, the court was adjourned ad libitum.

The house being resumed, and the Lord Chief Justice returned to his pi ice, it was put to the question, whether the Lord Viscount St. Alban (Lord Chancellor) shall be suspended of all his titles of nobility during his life, or no; and it was agreed per plures, that he should not be suspended thereof.

The lords having agreed upon the sentence to be given against the Lord Chancellor, did send a message to the House of Commons, by Mr. Serjeant Crewe and Mr. Serjeant Hitcham, that the lords are ready to give judgment against the Lord Viscount St. Alban, Lord Chancellor, if they, with their Speaker, will come to demand it.

In the mean time the lords put on their robes; and answer being returned of this message, and the Commons come, the Speaker came to the bar, and making three low obeisances, said, " The knights, citizens, and burgesses of the Commons' house of parliament have made complaint unto your lordships of many exorbitant offences of bribery and corruption committed by the Lord Chancellor. We understand that your lordships are ready to give judgment upon him for the same. Wherefore I, their Speaker, in thetr name, do humbly demand and pray judgment against him the Lord Chancellor, as the nature of his offence and demerits do require."

The Lord Chief Justice answered: "Mr. Speaker, upon the complaint of the Commons, against the Lord Viscount St. Alban, Lord Chancellor, this high court hath thereby, and by his own confession, found him guilty of the crtmes and corruptions complained of by the Commons, and of sundry other crimes and corruptions of like nature.

"And therefore this high court, having ftrst summoned him to attend, and having received his excuse of not attending, by reason of infirmity and sickness, which he protested was not feigned, or else he would most willingly have attended, doth nevertheless think fit to proceed to judgment; and therefore this high court doth adjudge:

"1. That the Lord Viscount St. Alban, Lord Chancellor of England, shall undergo fine and ransom of forty thousand pounds.

"2. That he shall be imprisoned in the Tower during the King's pleasure.

"3. That he shall for ever be incapable of any office, place, or employment in the state or commonwealth.

"4. That he shall never sit in parliament, nor come within the verge of the court.

"This is the judgment and resolution of this high court."

The Prince his highness was entreated by the house, that accompanied with divers of the lords of this house, he would be pleased to present this sentence given against the Lord Chancellor unto his majesty. His highness was pleased to yield unto this request.

INDEX RAISONNEE TO THE NOTES.

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Number of

Subject of the note. the sheet of

the note.

York House, where Bacon was born... 1
Sir Anthony Cooke, father of Bacon's

mother 1

Sir Nicholas Bacon, Bacon's father ... I

Lady Bacon, Anne, wife of Bacon 1

Lady Jane Grey skilled in Greek 1

Bacon's weak constitution 1

Bacon's early developement of eminence 1

Bacon's juvenile productions 1

Universities I

Importance of knowledge and educa-
tion, Bacon's admonitions I

Extract from Bacon's will as to two

professorships in the universities 1

New Atlantis I

Bacon sent to France at the age of six-
teen 1

Bacon's tract at sixteen on the state of

Europe 2

Bacon's tract on universal justice and

others 2

Bacon's love of contemplation 2

Bacon's chambers at Giay's Inn Square 2

Keferences to Camden Styne Dugdale. 2

Observations on Spencer 2

Bacon's apology respecting Essex 2

Letter to Burghley from Bacon 2

Reversion of register's office 2

Preamble to parliamentary proceedings 2
Anthony Bacon member for Walling-

ford, and Francis for Middlesex 2

Speech on law reform 2

Bacon's suggestions on improvement of
the law, with analysis of Justitia

Universalis 2 and 3

Extract from Dewe's journal of the
House of Commons as to Bacon's
speech, which displeased Elizabeth,

upon the subsidies 3

Letters from Bacon to the I-ord Trea-
surer and Lord Keeper touching his

speech 3

On Bacon's opinion of the doctrine of

concealment and revelation 3

, , . Number of

Leteerof To what page rn Subject of the note. the .beet of

note. text rt refer.. the note.

il H ... xxx ... Three letters to the Lord Keeper from

Bacon respecting the solicitorship ... 3

I I ... xxx ... Letter from Essex to the Lord Keeper

concerning Bacon 3

K K ... xxx ... Letter from the Lord Treasurer to Ba-
con 3

L L ... xxx ... Letter from Bacon to the Lord Keeper. 3
M M ... xxx ... Letter from Bacon to Lord Burleigh ... 3

N N ... xxx ... Bacon's discovery as to the Cecils and

Lord Keeper 3

O O ... xxxi ... Bacon's apology to Burleigh for his

credulity respecting Salisbury 3

PP ... xxxi ... Essex's letters to Bacon 3

Q Q ... xxxi ... Bacon's letter to Queen

R 11 ... xxxii ... Fulke Greville's to Bacon

SS ... xxxii ... On regal character

T T ... xxxiii ... Letter saying he is not a mere man of
letters

V V ... xxxiii ... Letter to Greville urging him to exert

himself with the Queen >

\V VV ... xxxiv ... Apology for Essex

XX ... xxxiv ... Letters upon his disappointment as soli-
citor

Y Y ... xxxiv ... His inventions during his disappoint-

ment

7, 7. ... xxxiv ... Letter to Queen on his disappointments

3 A ... xxxv ... Letter to Burleigh thanking him for
former obligations

3 B ... xxxv ... Baker's MSS. from Bedel Ingram's
Book, as to Bacon's being admitted
A.M

3C ... xxxv ... Various editions of elements of common
law, &c

3D ... xxxv ... Specimens of his law maxims

3E ... xxxv ... Preface to law maxims

3F ... xxxv ... Nature of his law maxims

3 G ... xxxv ... Every man a debtor to his profession,
&c. Different editions of his law
maxims and MSS

3H ... xxxvi ... Letter from Essex to Bacon upon going
to Ireland

3 1 ... xxxvii ... The various editions of the essays col-
lected with much labour, dedications,
letters to Prince of Wales, Sir John
Constable, and Mr. Toby Mathews,
to the Duke of Buckingham and Mar-
quis Fiat 4, 5, 6

3M ... xliii ... Letter to Essex upon wishing to marry

Lady Hatton, and Essex's answer... 6

3 N ... xliii ... Unhappy marriage of whom to Lady

Hatton 6

3 0 ... xliii ... Letter when arrested to Egerton 6

3P ... xliii ... History of alienation office 7

3Q ... xliii ... Chidley's case 7

3 11 ... xliii ... Statute of uses 7

3 S ... xliv ... Extracts from Dewe's Journal of the

[merged small][merged small][table]

Number of

Subject of the note. the sheet of

the note.

House of Commons upon various
speeches of Bacon's 7

Bacon's apology respecting Essex—
Alexander Hephestion and Craterus. 7

Essex's apology contained in a tract,
penued by himself, 1598; extract
from it 7

Notice of Lady Rich's letter to Queen
Elizabeth in favour of Essex 7

Bacon's opening of the charge against
Essex 7

Bacon's account of the distribution of
parts to the counsel against Essex ... 7

Double nature of good in every thing—
speech of Pompeius Magnus 7

Preferment a sacred trust—letter from
Bacon to Mr. Massey 7

Custom explained of counsel pleading
on both sides, extract from Harleian
MSS. Edinburgh Review, Boswell,
Lord Erskine, and Sir M. Hale 8

Account of the trial of Essex in the
Star Chamber from the Sydney pa-
pers, from Camden and Morrison ... 8

Letter from Bacon offering his services
to Essex, with his answer 9

Letters referred to by Essex on his ttial,
framed for him by Uacon 9

Extract from the Harleian MSS.—des-
cription of the arraignment of Essex
and Southampton, 19th Feb. 1600 —
Bacon's speeches 9

Extract from Birch—the Queen's con-
versation with the French ambassa-
dor—his letter to his royal master,
describing the Queen's last illness
and despondency 10

Letter to Sir George Carew respecting
hij work in Felicem Memoriam Eli-
zabetha e It)

Respecting the charge of bribery, various
letters, examination of charge 10

Advancement of Learning—letters re-
lating to and different editions of 15

Novum Organum—letters and different
editions lb'

Wrsdom of Ancients —letters and dif-
ferent edittons 17

Extent of business in chancery IH

Rytner—Latin note 19

Reform of the court—made lord keeper
—patent—falsehoods in circulation . 19

Letters to Buckingham, to Burleigh
and Essex, from Bacon, speaking of
his love of literary leisure 19

Lady Bacon, her birth, parentage, and

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