The works of Francis Bacon, lord chancellor of England.

~OS308 CCHARGE AGAINST MR. LUMSDEN, ETC.
nocent or innocent; fortitude to prosecute and laid for the mother, and was taken up by the
execute; temperance, so to carry justice as it be child, and killed the child: and so in that notonot passionate in the pursuit, nor confused in rious case, whereupon the statute of 22 Henry
involving persons upon light suspicion, nor pre- VIII., chap. 9, was made, where the intent being
cipitate in time. For this his majesty's virtue of to poison but one or two, poison was put into a
justice, God hath of late raised an occasion, and little vessel of harm that stood in the kitchen of
erected, as it were, a stage or theatre, much to the Bishop of Rochester's house; of which barm
his honour, for him to show it, and act in the pottage or gruel was made, wherewith seventeen
pursuit of the untimely death of Sir Thomas of the bishop's family were poisoned: nay, divers
Overbury, and therein cleansing the land from of the poor that came to the bishop's gate, and
blood. For, my lords, if blood spilt pure doth had the broken pottage in alms, were likewise
cry to heaven in God's ears, much more blood poisoned. And, therefore, if any nian will comndefiled with poison. fort himself, or think with himself, Here is great
This great work of his majesty's justice, the talk of impoisonment, I hope I am safe; for I
more excellent it is, your lordships will soon have no enemies; nor I have nothing that any
conclude the greater is the offence of any that body should long for: Why, that is all one; for
have sought to affront it or traduce it. And, he may sit at table by one for whom poison is
therefore, before Ir descend unto the charge of prepared, and have a drench of his cup, or of his
these offenders, I will set before your lordships, pottage.
the weight of that which they have sought to And so, as the poet saith, 6"concidit infelix
impeach; speaking somewhat of the general alieno vulnere;" he may die another man's death.
crime of impoisonment, and then of the particular And, therefore, it was most gravely, and judicircumstances of this fact upon Overbury; and, ciously, and properly provided by that statute,
thirdly, and chiefly, of the king's great and worthy that impoisonment should be high treason; becare and carriage in this business. cause whatsoever offence tendeth to the utter
The offence of impoisonment is most truly subversion and dissolution of human society, is
figured in that device or description, which was in the nature of high treason.
made of the nature of one of the Roman tyrants, Lastly, it is an offence that I may truly say of
that he was 6 lutum sanguine maceratum," mire it, " non est nostri generis, nec sanguinis."' It is,
minoled or cemented with blood: for, as it is one thanks be to God, rare in the isle of Britain: it is
of the highest offences in guiltiness, so it is the neither of our country, nor of our church; you
basest of all others in the mind of the offenders. may find it in Rome or Italy. There is a region,
Treasons " magnum aliquid spectant:" they aim or perhaps a religion for it: and if it should come
at great things; but this is vile and base. I tell amongst us, certainly it were better living in a
your lordships what I have noted, that in all wilderness than in a court.
God's book, both of the Old and New Testament, For the particular fact upon Overbury. First,
I find examples of all other offences and offenders for the person of Sir Thomas Overbury: I knew
in the world, but not any one of an impoisonment the gentleman. It is true, his mind was great,
or an impoisoner. I find mention of fear of but it moved not in any good order; yet, certainly
casual impoisonment: when the wild vine was it did commonly fly at good things; and the
shred into the pot, they came complaining in a greatest fault that I ever heard of him, was, that
fearful manner; Master, " mors in olla." And I he made his friend his idol. But I leave him as
find mention of poisons of beasts and serpents; Sir Thomas Overbury.
"t the poison of asps is under their lips." But I But take him as he was, the king's prisoner in
find no example in the book of God of impoison- the tower; and then see how the case stands. In
mnent. I have sometimes thought of the words in that place the state is as it were respondent to
the psalm, " let their table be made a snare." make good the body of a prisoner. And, if any
Which certainly is most true of impoisonment; thing happen to him there, it may, though not in
for the table, the daily bread, for which we pray, this case, yet in some others, make an aspersion
is turned to a deadly snare: but, I think rather, and reflection upon the state itself. For the perthat that was meant of the treachery of friends son is utterly out of his own defence; his own
that were participant of the same table. care and providence can serve him nothing. He
But let us go on. It is an offence, my lords, is in custody and preservation of law; and we
that hath the two spurs of offending; "spes have a maxim in our law, as my lords the judges
perficiendi," and'" spes celandi:" it is easily know, that when a state is in preservation of law,
committed, and easily concealed. nothing can destroy it, or hurt it. And God
It is an offence that is 6" tanquam sagitta nocte forbid but the like should be for the persons of
volans;" it is the arrow that flies by night.. It those that are in custody of law; and therefore
discerns not whom it hits: for many times the this was a circumstance of great aggravation.
poison is laid for one, and the other takes it; as Lastly, to have a man chased to death in such
in Sanders's case, where the poisoned apple was manner, as it appears now by matter of record;