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A28024 Baconiana, or, Certain genuine remains of Sr. Francis Bacon, Baron of Verulam, and Viscount of St. Albans in arguments civil and moral, natural, medical, theological, and bibliographical now for the first time faithfully published ... Bacon, Francis, 1561-1626.; Tenison, Thomas, 1636-1715. 1679 (1679) Wing B269; ESTC R9006 137,175 384

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the means of some discreet Divines and the potent Charm of Justice together was cast out neither did this poisonous Adder stop his Ear to these Charms but relented and yeilded to his Trial. Then followed the other Proceedings of Justice against the other Offenders Turnor Helwisse Franklin But all these being but the Organs and Instruments of this Fact the Actors and not the Authors Justice could not have been crowned without this last Act against these great Persons else Weston's Censure or Prediction might have been verified when he said He hoped the small Flies should not be caught and the greater escape Wherein the King being in great straits between the defacing of his Houour and of his Creature hath according as he useth to do chosen the better part reserving always Mercy to himself The time also of Justice hath had its true Motions The time until this Ladies deliverance was due unto Honour Christianity and Humanity in respect of her great Belly The time since was due to another kind of Deliverance too which was that some Causes of Estate which were in the Womb might likewise be brought forth not for matter of Justice but for Reason of State Likewise this last Procrastination of Days had the like weighty Grounds and Causes But my Lords where I speak of a Stage I doubt I hold you upon the Stage too long But before I pray Judgment I pray your Lordships to hear the Kings Papers read that you may see how well the King was inspired and how nobly he carried it that Innocency might not have so much as Aspersion Frances Countess of Somerset hath been indicted and arraigned as accessary before the Fact for the Murder and Impoisonment of Sir Tho. Overbury and hath pleaded guilty and confesseth the Indictment I pray Judgment against the Prisoner The Charge of Sir Francis Bacon his Majesties Attourney General by way of Evidence before the Lord High Steward and the Peers against Robert Earle of Somerset concerning the poisoning of Overbury IT may please your Grace my Lord High Steward of England and you my Lords the Peers You have here before you Robert Earl of Somerset to be tried for his Life concerning the procuring and consenting to the Impoisonment of Sir Thomas Overbury then the King's Prisoner in the Tower of London as an Accessary before the Fact I know your Lordships cannot behold this Nobleman but you must remember his great favour with the King and the great Place that he hath had and born and must be sensible that he is yet of your Number and Body a Peer as you are so as you cannot cut him off from your Body but with grief and therefore that you will expect from us that give in the King's Evidence sound and sufficient matter of Proof to satisfy your Honours and Consciences And for the manner of the Evidence also the King our Master who among his other Vertues excelleth in that Vertue of the Imperial Throne which is Justice hath given us Commandment that we should not expatiate nor make Invectives but materially pursue the Evidence as it conduceth to the Point in question a matter that tho we are glad of so good a Warrant yet we should have done of our selves for far be it from us by any strains of Wit or Art to seek to play Prizes or to blazo● our Names in Blood or to carry the Day otherwise than upon just Grounds We shall carry the Lanthorn of Justice which is the Evidence before your Eyes upright and be able to save it from being put out with any Winds of Evasions or vain Defences that is our part not doubting at all but that this Evidence in it self will carry that force as it shall little need Vantages or Aggravations My Lords The Course which I shall hold in delivering that which I shall say for I love Order is this First I will speak somewhat of the nature and greatness of the Offence which is now to be tried and that the King however he might use this Gentleman heretofore as the Signet upon his Finger to use the Scripture Phrase yet in this Case could not but put him off and deliver him into the hands of Justice Secondly I will use some few words touching the Nature of the Proofs which in such a Case are competent Thirdly I will state the Proofs And lastly I will produce the Proofs either out of the Examinations and Matters in Writing or Witnesses viva voce For the Offence it self it is of Crimes next unto High-Treason the greatest it is the foulest of Fellonies And take this Offence with the Circumstances it hath three Degrees or Stages that it is Murder that it is Murder by Impoisonment that it is Murder committed upon the Kings Prisoner in the Tower I might say that it is Murder under the Colour of Friendship but that is a Circumstance moral I leave that to the Evidence it self For Murder my Lords the first Record of Justice which was in the World was a Judgment upon Murder in the person of Adam's first born Cain And though it were not punished by Death but with Banishment and mark of Ignominy in respect of the primogeniture or of the population of the World or other points of God's secret Will yet it was adjudged and was as I said the first Record of Justice So it appeareth likewise in Scripture that the murder of Abner by Ioab though it were by David respited in respect of great Services past or Reason of State yet it was not forgotten But of this I will say no more It was ever admitted and so ranked in God's own Tables that Murder is of offences between Man and Man next to Treason and Disobedience of Authority which some Divines have referred to the First Table because of the Lieutenancy of God in Princes and Fathers the greatest For Impoisonment I am sorry it should be heard of in this Kingdom It is not nostri generis nec sanguinis It is an Italian Crime fit for the Court of Rome where that Person that intoxicateth the Kings of the Earth with his Cup of Poison in Heretical Doctrine is many times really and materially intoxicated and impoisoned himself But it hath three Circumstances which make it grievous beyond other Murders Whereof the first is That it takes a Man in full Peace in God's and the King's Peace He thinks no harm but is comforting Nature with Refection and Food So that as the Scripture saith His Table is made a Snare The second is That it is easily committed and easily concealed and on the other side hardly prevented and hardly discovered For Murder by violence Princes have Guards and private Men have Houses Attendants and Arms Neither can such Murders be committed but cum sonitu and with some overt and apparent Act that may discover and trace the Offender But for Poison the said Cup it self of Princes will scarce serve in regard of many Poisons that neither discolour nor distast and so passeth