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 me thought 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 alledged 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 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 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 howbeit she said she would assure me that whatsoever she did should be towards my Lord ad castigationem 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 Frier Bacons head spake that said first Time is and then Time was and Time would 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 Tearm 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 Counsel-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 pleas'd her to make a more solemn matter of the proceeding and some few days after when order was given that the matter should be heard at York-house before an Assembly of Councellers Peers and Judges and some audience of men of quality to be admitted and then did some principal Councellers send for us of the learned Councel and notifie her Majesties 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 forborn 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 Suiter 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 distast 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 complement signifying to her Majesty that if she would be pleased to spare me in my Lord of Essex 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 suite I made being a respect no man that had his wits could have omitted but nevertheless I had a further reach in it for I judged that days work would be a full period of any bitterness or harshness between the Queen and my Lord and therefore if I declared my self 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 Majesties 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 carriages 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 the fourth Whereupon I replyed 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 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 shew that because it was considered how I stood tyed 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 one 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 Queens 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 tearms free my Lord from all disloyalty as I did that your Lordship knoweth must be ascribed to the superiour duty I did owe to the Queens fame and honour in a publick proceeding and partly to the intention I had to uphold my self 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
THE APOLOGY OF Sr. FRANCIS BACON Kt. In certain Imputations concerning the late Earl of Essex WRITTEN To the Right Honourable his very good Lord the Earl of Devonshire Lord Lieutenant of Ireland LONDON Printed by S. G. B. G. for William Lee and are to be sold at the sign of the Turks-Head in Fleet-street over against Fetter-Lane 1670. To the Right Honourable his very good Lord the Earl of Devonshire Lord Lieutenant of Ireland IT may please your good Lordship I cannot be ignorant and ought to be sensible of the wrong which I sustain in common speech as if I had been false or unthankful to that noble but unfortunate Earl the Earl of Essex and for satisfying the vulgar sort I do not so much regard it though I love a good name but yet as an handmaid and attendant of honesty and vertue For I am of his opinion that said pleasantly That it was a shame to him that was a Suiter to the Mistriss to make love to the Waiting woman and therefore to woe or court common fame otherwise then it followeth on honest courses I for my part find not my self fit nor disposed But on the other side there is no worldly thing that concerneth my self which I hold more dear than the good opinion of certain persons amongst which there is none I would more willingly give satisfaction unto then to your Lordship First because you loved my Lord of Essex and therefore will not be partial towards me which is part of that I desire next because it hath ever pleased you to shew your self to me an honorable friend and so no baseness in me to seek to satisfie you and lastly because I know your Lordship is exccellently grounded in the true rules and habits of duties and moralities which must be they which shall decide this matter wherein my Lord my defence needeth to be but simple and brief namely that whatsoever I did concerning that action and proceeding was done in my duty and service to the Queen and the State in which I would not shew my self false-hearted nor faint-hearted for any mans sake living For every honest man that hath his heart well planted will forsake his King rather than forsake God and forsake his friend rather than forsake his King and yet wil forsake any earthly commodity yea and his own life in some cases rather than forsake his friend I hope the world hath not forgotten these degrees else the heathen saying Amicus usque ad aras shall judge them And if any man shall say I did officiously intrude my self into that business because I had no ordinary place the like may be said of all the business in effect that passed the hands of the learned Councel either of State or Revenues these many years wherein I was continually used For as your Lordship may remember the Queen knew her strength so well as she looked her word should be a warrant and after the manner of the choisest Princes before her did not always tye her trust to place but did sometime divide private favour from office And I for my part though I was not so unseen in the world but I knew the condition was subject to envy and peril yet because I knew again she was constant in her favours and made an end were she began and especially because she upheld me with extraordinary access and other demonstrations of confidence and grace I resolved to indure it in expectation of better But my scope and desire is that your Lordship would be pleased to have the honourable patience to know the truth in some particularity of all that passed in this cause wherein I had any part that you may perceive how honest a heart I ever bear to my Soveraign and to my Country and to that Noble man who had so well deserved of me and so well accepted of my deservings whose fortune I cannot remember without much grief But for any action of mine towards him there is nothing that passed me in my life time that cometh to my remembrance with more clearness and less check of conscience for it will appear to your Lordship that I was not only not opposite to my Lord of Essex but that I did occupy the utmost of my wits and adventure my fortune with the Queen to have reintegrated his and so continued faithfully and industriously till his last fatal impatience for so I will call it after which day there was not time to work for him though the same my affection when it could not work on the subject proper went to the next with no ill effect towards some others who I think do rather not know it than not acknowledge it And this I will assure your Lordship I will leave nothing untold that is truth for any enemy that I have to adde and on the other side I must reserve much which makes for me in many respects of duty which I esteem above my credit and what I have here set down to your Lordship I protest as I hope to have any part in God's favour is true It is well known how I did many years since dedicate my travels and studies to the use and as I may tearm it service of my Lord of Essex which I protest before God I did not making election of him as the likeliest mean of mine own advancement but out of the humor of a man that ever from the time I had any use of reason whether it were reading upon good books or upon the example of a good Eather or by nature I loved my Country more than was answerable to my fortune and I held at that time my Lord to be the fitter instrument to do good to the State and therefore I applied my self to him in a manner which I think hapneth rarely among men for I did not only labour carefully and industriously in that he set me about whether it were matter of advice or otherwise but neglecting the Queens service mine own fortune and in a sort my vocation I did nothing but advise and ruminate with my self to the best of my understanding propositions and memorials of any thing that might concern his Lordships honour fortune or service And when not long after I entred into this course my Brother Mr. Anthony Bacon came from beyond the Seas being a Gentleman whose ability the world taketh knowledge of for matters of State specially forraign I did likewise knit his service to be at my Lords disposing And on the other side I must and will ever acknowledge my Lords love trust and favour towards me last of all his liberality having infeofed me of land which I sold for eighteen hundred pounds to Master Reynold Nicholas and I think was more worth and that at such a time and with so kind and noble circumstances as the manner was as much as the matter which though it be but an idle digression yet because I am not willing to be short in commemoration of his benefits I will presume
and the sharpness of their sword and had the natural elemental advantages of woods and boggs and hardness of bodies they ever found they had their hands full of them and therefore concluded that going over with such expectation as he did and through the churlishness of the enterprise not like to answer it would mightily diminish his reputation and many other reasons I used so as I am sure I never in any thing in my life time dealt with him in like earnestness by speech by writing and by all the means I could devise For I did as plainly see his overthrow chained as it were by destiny to that journey as it is possible for a man to ground a judgement upon future contingents But my Lord howsoever his ear was open yet his heart and resolution was shut against that advise whereby his ruin might have been prevented After my Lords going I saw then how true a Prophet I was in regard of the evident alteration which naturally succeeded in the Queens mind and thereupon I was still in watch to find the best occasion that in the weakness of my power I could either take or minister to pull him out of the fire if it had been possible and not long after me thought I saw some overture thereof which I apprehended readily a particularity I think be known to very few and the which I do the rather relate unto your Lordship because I hear it should be talked that while my Lord was in Ireland I revealed some matters against him or I cannot tell what which if it were not a mear slander as the rest is but had any though never so little colour was surely upon this occasion The Queen one day at Nonesuch a little as I remember before Cuffes coming over I attending on her shewed a passionare distast of my Lords proceedings in Ireland as if they were unfortunate without judgment contemptuous and not without some private end of his own and all that might be and was pleased as she spake of it to many that she trusted least so to fall into the like speech with me whereupon I who was still awake and true to my grounds which I thought surest for my Lords good said to this effect Madam I know not the particulars of Estate and I know this that Princes actions must have no abrupt periods or conclusions but otherwise I would think that if you had my Lord of Essex here with a white staff in his hand as my Lord of Leicester had and continued him still about you for society to your self and for an honor and ornament to your Attendance and Court in the eyes of your people and in the eyes of forraign Ambassadors than were he in his right element for to dâ— content him as you do and yet to put arms and power into his hands may be a kind of temptation to make him prove combersome and unruly And therefore if you would â—mp nere bâ—nam clausulam and send for him and satisfie him with honour here near you if your affairs which as I have said I am not acquainted with will permit it I think were the best way Which course your Lordship knoweth if it had been taken then all had been well and no contempt in my Lords coming over nor continuance of these jealousies which that employment of Ireland bred and my Lord here in his former greatness Well the next news that I heard was that my Lord was come over and that he was committed to his Chamber for leaving Ireland without the Queens licence this was at Nonesuch where as my duty was I came to his Lordship and talked with him privately about a quarter of an hour and he asked mine opinion of the course was taken with him I told him My Lord Nubecula est cito transibit it is but a mist but shall I tell your Lordship it is as mists are if it go upwards it may perhaps cause a snowre if downwards it will clear up And therefore good my Lord carry it so as you take away by all means all umbrages and distasts from the Queen and especially if I were worthy to advise you as I have been by your self thought and now your question imports the continuance of that opinion observe three points First make not this cessation or peace which is concluded with Tyrone as a service wherein you glory but as a shuffling up of a prosecution which was not very fortunate Next represent not to the Queen any necessity of estate whereby as by a coercion or wrench she should think her self inforced to send you back into Ireland but leave it to her Thirdly sâ—ck accesse importune opportunâ— seriously sportingly every way I remember my Lord was willing to hear me but spake very few words and shaked his head sometimes as if he thought I was in the wrong but sure I am he did just contrary in every one of these three points After this during the while since my Lord was committed to my Lord Keepers I came divers times to the Queen as I had used to do about causes of her revenue and law business as is well known by reason of which accesses according to the ordinary charities of Court it was given out that I was one of them that incensed the Queen against my Lord of Essex These speeches I cannot tell nor I will not think that they grew any way from her Majesties own speeches whose memory I will ever honour if they did she is with God and miserum est ab illis laedi de quibus non possis queri But I must give this testimony to my Lord Cecil that one time in his house at the Savoy he dealt with me directly and said to me Cousin I hear it but I believe it not that you should do some ill office to my Lord of Essex for my part I am meerly passive and not active in this action and I follow the Queen and that heavi y and I lead her not my Lord of Essex is one that in nature I could consent with as well as with any one living the Queen indeed is my Soveraign and I am her creature I may not lose her and the same course I would wish you to take whereupon I satisfied him how far I was from any such mind And as sometimes it cometh to pass that mens inclinations are opened more in a toy than in a serious matter A little before that time being about the midle of Michaelmas Term her Majesty had a purpose to dine at my lodge at Twicknam Park at which time I had though I profess not to be a Poet prepared a Sonnet directly tending and alluding to draw on her Majesties reconcilement to my Lord which I remember also shewed to a great person one of my Lords nearest friends who commended it this though it be as I said but a toy yet it shewed plainly in what spirit I proceeded and that I was ready not only to do my Lord
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 troth is that the issue of all his dealing grew to this that the Queen by some slackness of my Lords as I imagine liked him worse and worse and grew more incensed towards him Then she remembring belike the continual and incessant and confident speeches and courses that I had held on my Lords side became utterly alienated from me and for the space of at least three months which was between Michaelmas and New-years-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-years tide I desired to speak with her and being admitted to her I 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 I shall lose you too you have put me like one of those that the French-men 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 plaid 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 my self and therefore vivus vidensque pereo If I do break my neck I shall do it in a manner as Master 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 demonstrarions 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 eight 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 publick service your Lordship knoweth by the rules of duty that I was to do it honestly and without prevarication but for any putting my self into it I protest before God I never moved either the Queen or the person living concerning my being used in the service either of evidence or examination but it was meerly laid upon me with the rest of my fellows And for the time which passed I mean between the arraignment and my Lords 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 Majesties mercy terming it to her as an excellent balm that did continually distill from her Soveraign hands and made an excellent odour in the senses of her people and not only so but I took hardness 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 my self in that service I have many honorable witnesses that can tell that the next day after my Lords arraignment by my diligence and information touching the quality and nature of the offendors 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 assoon 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 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 weakned their own testimony and especially hearing himself viva voce I went instantly to the Queen out of the soundness of my conscience and not regarding what opinion I had formerly delivered told her Majesty I was satified and resolved in my conscience that for the reputation of the action the plot was to countenance the action further 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 had done before 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 Councellors by her Majesties appointment it was perused weighed censured altered and made almost anew writing according to their Lordships better consideration wherein their Lordships and my self both were as religious and curious of truth as desirous of satisfaction and my self indeed gave only words and form of stile in pursuing their direction And after it had passed their allowance it was again exactly perused by the Queen her self 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 furthest 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 honorable judgement 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 my self 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 finde that I shall deserve the contrary and even so I continue At your Lordships Honourable commandments very humbly