The works of Francis Bacon, lord chancellor of England.

CHARGE AGAINST ROBERT, EARL OF SOMERSET. 321
for matter of justice, but for reason of state. he carried it, that innocency might not have so
Likewise this last procrastination of days had the much as aspersion.
like weighty grounds and causes. Frances, Countess of Somerset, hath been
But, my lords, where I speak of a stage, I indicted and arraigned, as accessary before the
doubt I hold you upon the stage too long. But, fact, for the murder and impoisonment of Sir
before I pray judgment, I pray your lordships to Thomas Overbury, and hath pleaded guilty, and
hear the king's papers read, that you may see confesseth the indictment: I pray judgment
how well the king was inspired, and how nobly against the prisoner.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
HIS MAJESTY'S ATTORNEY-GENERAL,
BY WAY OF EVIDENCE,
BEFORE THE LORD HIGH STEWARD, AND THE PEERS,
AGAINST ROBERT, EARL 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 your eyes upright, and to be able to save it from
Somerset, to be tried for his life, concerning the being put out with any winds of evasion or vain
procuring and consenting to the impoisonment of defences, that is our part; and within that we
Sir Thomas Overbury, then the king's prisoner shall contain ourselves, not doubting at all, but
in the Tower of London, as an accessary before that the evidence itself will carry such force as it
the fact. shall need no vantage or aggravation.
I know your lordships cannot behold this My lords, the course which I will hold in delinoblealan, but you must remember his great vering that which I shall say, for I love order,
favour with the king, and the great place that he shall be this:
hath had and borne, and must be sensible that he First, I will speak somewhat of the nature and
is yet of your number and body, a peer as you greatness-of the offence which is now to be tried;
are; so that you cannot cut him off from your not to weigh down my lord with the greatness of
body but with grief; and, therefore, that you will it, but, contrariwise, to show that a great offence
expect from us, that give in the king's evidence, deserveth a great proof, and that the king, howsound and sufficient matter of proof to satisfy ever he inight esteem this gentleman heretofore,
your honours and consciences. as the signet upon his finger, to use the ScripAs for the manner of the evidence, the king our ture phrase, yet in such case as this lie was to
master, who among his other virtues excelleth in put him off.
that virtue of the imperial throne, which is justice, Secondly, I will use some few words touching
hath given us in commandment that we should the nature of the proofs, which in such a case are
not expatiate, nor make invectives, but materially competent.
pursue the evidence, as it conduceth to the point Thirdly, I will state the proofs.
in question; a matter that, though we are glad Fourthly and lastly, I will produce the proofs,
of so good a warrant, yet, we should have done either out of examinations and matters in writing,
of ourselves: for far be it from us, by any strains or witnesses, "viva voce."
of wit or art, to seek to play prizes, or to blazon For the offence itself, it is of crimes, next unto
our names in blood, or to carry the day otherwise high treason, the greatest; it is the foulest of
hilan upon just grounds. We shall carry the felonies. And, take this offence with the circumlantern of justice, which is the evidence, before stances, it hath three degrees or stages; that it is
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