The works of Francis Bacon, lord chancellor of England.

THE CHARGE OF OWEN,
INDICTED OF HIGH TREASON, IN THE KING'S BENCII,
BY SIR FRANCIS BACON, KNIGHT,
HIS MIAJESTY'S ATTORNEY-GENERAL.
THE treason wherewith this man standeth For the king's clemency, I have said it of lato
charged, is, for the kind and nature of it, ancient, upon a good occasion, and I still speak it with
as ancient as there is any law of England; but in comfort: I have now served his majesty's solithe particular, late and upstart: and, again, in the citor and attorney eight years and better; yet,
manner and boldness of the present case, new, this is the first time that ever I gave in evidence
and almost unheard of till this man. Of what against a traitor at this bar, or any other. There
mind he is now, I know not; but I take him as hath not wanted matter in that party of the subhe was, and as he standeth charged. For, high jects whence this kind of offence floweth, to
treason is not written in ice; that when the body irritate the king: he hath been irritated by the
relenteth, the impression should go away. powder of treason, which might have turned
In this cause the evidence itself will spend judgment into fury. He hath been irritated by
little time: time, therefore, will be best spent in wicked and monstrous libels; irritated by a geneopening fully the nature of this treason, with the ral insolency and presumption in the Papists
circumstances thereof; because the example is throughout the land; and, yet, I see his majesty
more than the man. I think good, therefore, by keepeth Cuesar's rule:, Nil malo, quam eos esse
way of inducement and declaration in this cause, similes sui, et me mei." Hie leaveth them to he
to open unto the court, jury, and hearers, five like themselves; and he remaineth like himself,
things. and striveth to overcome evil with goodness. A
The first is, the clemency of the king; because strange thing, bloody opinions, bloody doctrines,
it is news, and a kind of rarity to have a pro- bloody examples, and yet, the government still
ceeding in this place upon treason: and, perhaps, unstained with blood. As for this Owen that is
it may be marvelled by some, why, after so long brought in question, though his person be in his
an intermission, it should light upon this fellow; condition contemptible; yet, we see by miserable
being a person but contemptible, a kind of veno- examples, that these wretches, which are but the
mous fly, and a hangby of the seminaries. scum of the earth, have been able to stir earthThe second is, the nature of this treason, as quakes by murdering princes; and, if it were in
concerning the fact, which, of all kinds of com- case of contagion, as this is a contagion of the
passing the king's death, I hold to be the most heart and soul, a rascal may bring in a plague
perilous, and as much differing from other con- into the city, as well as a great man: so, it is not
spiracies, as the lifting up of a thousand hands the person, but the matter that is to be consiagainst the king, like the giant Briareus, differs dered.
from lifting up one or a few hands. For the treason itself, which is the second
The third point that I will speak unto is, the point, my desire is to open it in the depth thereof,
doctrine or opinion, which is the ground of this if it were possible; but, it is bottomless: I said
treason; wherein I will not argue or speak like a in the beginning, that this treason, in the nature
divine or scholar, but as a man bred in a civil of it, was old. It is not of the treasons whereof
life; and, to speak plainly, I hold the opinion to it may be said, from the beginning it was not so.
be such, that deserveth rather detestation than You are indicted, Owen, not upon any statute
contestation. made against the pope's supremacy, or other matThe fourth point is, the degree of this man's ters, that have reference to religion; but merely
offence, which is more presumptuous, than I have upon that law which was born with the kingoom,
known any other to have fallen into in this kind, and was law even in superstitious times, when
and hath a greater overflow of malice and treason. the pope was received. The compassing and
And, fifthly, I will remove somewhat that may imagining of the king's death was treason. The
seem to qualify and extenuate this man's offence; statute of 25 Edw. III., which was but deciarain that he hath not affirmed simply that it is law- tory, begins with this article as the capital of
ful to kill the king, but conditionally; that, if the capitals in treason, and of all others the mnost
king be excommunicated, it is lawful to kill him: odious, and the most perilous: and so the civil
which maketh little difference either in law or peril. law saith, " Conjurationes omnium proditionuml
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