1620.] CASE OF SIR H. YELVERTON. 133 The invitation to contribute was addressed only to the wealthy classes; and it is plain that after this they must all have known perfectly well that the policy of the government was to defend the Palatinate, that the danger was near, and the need of money to meet it urgent. If the wealthy classes of the country, so appealed to, contributed little, the inference must surely be that their zeal was not much to be depended upon. The leaders of the war-party were zealous enough, and not too scrupulous; but the followers do not seem to have been overpowering either in numbers or devotion. For the time, however, which must necessarily pass before Parlia ment could meet-the announcement of which did not wait for the resuit of the circular-the money subscribed (amounting altogether to about half a subsidy) was no inconsiderable help: and if the progress of the contribution showed that the constituencies were not so eager in the cause as the politicians, it served for a warning not to rely too confidently upon the disposition of the House which they were to return. 6 We have seen that the Attorney-General was suspended from his office in June, for inserting unwonted clauses in the charter of the City of London; and that, though he offered to confess the error and make submission in writing, a public proceeding was considered necessary, and therefore he was to be called to his answer in the Star Chamber. The hearing was fixed for the 27th of October, and on the 24th Bacon set down the following note of what he intended to say-a copy of which was found among his papers. NOTES UPON MR. ATTORNEY'S CAUSE.1 Sorry for the person, being a gentleman that I lived with in Gray's Inn; served with him when I was attorney; joined with since in many services, and one that ever gave me more attributes in public than I deserved; and besides a man of very good parts; which with me is friendship at first sight; much more joined with so antient acquaintance. But, as a Judge, I hold the offence very great, and that without pressing measure; upon which I will only make a few ob servations, and so leave it. 1 Gibson Papers, vol. viii. f. 133. "Star-Chamber, October 24, 1620. Copy by Meautys. No fly-leaf. Indorsed 1. First I observe the danger and consequence of the offence: for if it be suffered that the learned counsel shall practise the art of multiplication upon their warrants, the crown will be destroyed in small time. The great seal, the privy seal, signet, are solemn things; but they follow the King's hand. It is the bill drawn by the learned counsel and the docket, that leads the King's hand. 2. Next I note the nature of the defence. As first that it was error in judgment; for this surely if the offence were small though clear, or great but doubtful, I should hardly sentence it. For it is hard to draw a straight line by steadiness of hand; but it could not be the swerving of the hand. And herein I note the wisdom of the law of England, which termeth the highest contempts and excesses of authority, Misprisions; which (if you take the sound and derivation of the words) is but mistaken: but if you take the use and acception1 of the word, it is high and hainous contempts and usurpations of authority; whereof the reason I take to be, and the name excellently imposed, for that main mistaking, it is ever joined with contempt; for he that reveres will not easily mistake; but he that slights, and thinks more of the greatness of his place than of the duty of his place, will soon commit misprisions. The cause came on upon the day appointed; but "on that day," says a reporter who though not present on this occasion has left us the fullest account of the trial, —2 only the bill was opened by Sir Randall Crew, the King's Sergeant, briefly, with tears in his eyes. And Mr. Attorney's submissive answer by John Finch: Mr. Attorney himself being there present, standing at the bar among the ordinary counsellors, where with dejected looks, weeping tears, and a brief, eloquent, and humble oration, he made a submission, acknowledging his error, but denying the corruption; and in the end, after solemn debate of all the Lords, procured the cause to be put off till his Majesty were made acquainted with his public acknowledgment, and his further pleasure known, whether any further proceedings should be had in this cause." It is to this proceeding that Bacon refers in the next letter. 1620.] YELVERTON'S CASE DEFERRED. TO THE MARQUIS OF BUCKINGHAM.1 My very good Lord. 135 It may be your Lordship will expect to hear from me what passed yesterday in the Star-Chamber touching Yelverton's cause; though we desired Secretary Calvert to acquaint his Majesty therewith. To make short, at the motion of the Attorney, in person at bar, and at the motion of my Lord Steward in court, the day of proceeding is deferred till the King's pleasure known. This was against my opinion, then declared plain enough; but put to votes, and ruled by the major part; though some concurred with me. I do not like of this course, in respect that it puts the King in a strait; for either the note of severity must rest upon his Majesty, if he go on; or the thanks of clemency is in some part taken away, if his Majesty go not on. I have cor unum et via una; and therefore did my part as a Judge and the King's Chancellor. What is further to be done I will advise the King faithfully when I see his Majesty and your Lordship. But before I give advice, I must ask a question first. God ever preserve and prosper you. Your Lordship's most obliged friend, and faithful servant, FR. VERULAM, Canc. October 28, 1620. I do not find any account of the advice which Bacon gave when he had got the auswer to his question; but I presume that, the case being the same as it was in June, his advice would be the same-namely that the public hearing could not be dispensed with: and it was ultimately fixed for the 8th of November. In the meantime Bacon sent another copy of the Novum Organum to the Cambridge University Library with the following letter - ALME MATRI ACADEMIE CANTABRIGIENSI.2 Cum vester filius sim et alumnus, voluptati mihi erit, partum meum nuper editum vobis in gremium dare: aliter enim 1 Gibson Papers, vol. viii. f. 134. Copy by Meautys. No fly-leaf. Indorsed, "To L. Marqs Buck" touching what passed in Star-Chamber at the hearing of Mr. Attorney's Cause." 2 From a facsimile of the orginal in the University Library.. velut pro exposito eum haberem. Nec vos moveat, quod via nova sit. Necesse est enim talia per ætatum et sæculorum circuitus evenire. Antiquis tamen suus constat honos; ingenii scilicet: nam fides Verbo Dei et Experientiæ tantùm debetur. Scientias autem ad experientiam retrahere, non conceditur: at easdem ab experientiâ de integro excitare, operosum certè sed pervium. Deus vobis et studiis vestris faveat. Filius vester amantissimus, FR. VERULAM, Canc.1 Apud Edes 31 Oct. 1620. 7. On the 8th of November, when Yelverton appeared before the Star Chamber to answer the charge against him, "the Lords" (says the same reporter, now an eye-witness) "being assembled again, my Lord Chancellor began the work of the day thus: My Lords, it rests in your remembrance how by the discretion of this Court this cause was referred to the King and by his pleasure is again remitted to the Court. His Majesty distinguishes of the times of justice and of mercy, which he would have keep order; and this he does upon three grounds, which he would have to be published here. 1. First, Mr. Attorney's submission, being by us related to his Majesty, sounded well, and he seemed somewhat satisfied therewith yet it being sent for under Mr. Attorney's hand and looked into, it was found such as stands not with his honour to accept : for that there is a passage in it as if the King begged a submission from him, being formerly asked by his Majesty whether he would defend himself or submit to his mercy: whereby he implied as if there had been some covert promise; which is false. And he leaves not his fault great enough for this Court to censure; so as it were needless to show mercy where there is no cause of judgment. And God forbid I should live to "As your son and pupil, I desire to lay in your bosom my new-born child. Otherwise I should hold it for a thing exposed. Let it not trouble you that the way is new; for in the revolutions of time such things must needs be. Nevertheless the ancients retain their proper honour-that is, of wit and understanding ; for faith is due only to the Word of God and to Experience. Now to bring the sciences back to experience is not permitted; but to grow them anew out of experience, though laborious, is practicable. May God bless you and your studies. Your most loving son." 1620.] TRIAL OF YELVERTON. 137 1 punish errors in judgment, credulity, or faults crept in by error, not ushered in by consent. He says also he was resolved to submit, notwithstanding there was life and freedom in his defence, and a way left open by his Counsel to avoid censure: 2 which being thus (my Lords) it is not the King's grace to remit, but Mr. Attorney's grace to the King to submit. 2. The second ground is that, were the submission never so full, yet is it extra judicium. And Mr. Attorney doth rather justify himself; for he says he does not think there is anything in the charter that is not in effect in his warrant. 3. Lastly, his Majesty will not begin an example to interpose between hearing and judgment. But he bars none to inform him afterwards of his submissness either for matter or manner of favour: for mercy in its due place doth not cross but adorn justice. Now proceed." Then follows a report of the arguments and the judgments of the several Lords in order; into which (except Bacon's, which comes last) I need not enter; though as bearing upon the question of the character and composition of the Court, it may be worth while to add their names and offices, viz. Sir Edward Coke, late Lord Chief Justice; Sir Fulke Greville, Chancellor of the Exchequer; Sir Harry Hubbert, Chief Justice of the Common Pleas; Sir Julius Cæsar, Master of the Rolls; Sir Henry Montague, Chief Justice of the King's Bench; Secretary Calvert; Sir Thomas Edmunds, Treasurer of the Household; Dr. Andrewes, Bishop of Winchester; Earl of Arundel; Earl of Pembroke, Lord Chamberlain; Dr. Abbot, Archbishop of Canterbury; Lord Verulam, Lord Chancellor. Sir Edward Coke had to give his sentence first, and proposed a fine of 60007. but the rest were content with 40007. and Bacons' speech in conclusion is thus given by the same reporter-though apparently not with the same accuracy. It had been a long day's work; and it is not to be wondered at if the attention or the hand could not follow so well. 1 "I mistook many things, I was improvident in some things, and too credulous in all things." Yelverton's Speech to the Lords. S. P. Dom. vol. cxvii, no. 35. 2 "Though there was offered unto me and my counsel such a way of defence, as I might have escaped, yet I protest I did reject it because I would not distrust his Majesty's mercy." Ib. 3 S. P. Dom. vol. cxvii, no. 76. |