The works of Francis Bacon, lord chancellor of England.

362 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
which had been indeed very great between them, tion of experience, which is the warranty of all
that he would declare the person; which he did reason. For, first, the civil law maketh this
presently, and said it was Mr. Comptroller. At judgment, that treason is nothing else but " criwhich speech Mr. Secretary straight took hold, men leesae majestatis," or 1" diminutte majestatis,"
and said, that he was glad to hear him named of making every offence which abridgeth or hurteth
all others; for howsoever some malicious person the power and authority of the prince, as an insult
might peradventure have been content to give or invading of the crown, and extorting the impecredit to so injurious a conceit of him, especially rial sceptre. And for common reason, it is not
such as were against the peace wherein he was possible that a subject should once come to that
employed, and for which the Earl of Essex had height as to give law to his sovereign, but what
ever hated him, being ever desirous to keep an with insolency of the change, and what with terror
army on his own dependency, yet he did think no of his own guiltiness, he will never permit the
inan of any understanding would believe that he king, if he can choose, to recover authority; nor,
could be so senseless as to pick out the Earl of for doubt of that, to continue alive. And, lastly,
Essex, his uncle, to lay open to him his affection for experience, it is confirmed by all stories and
to that nation, in a matter of so odious and per- examples, that the subject never obtained a supenicious consequence; and so did very humbly riority and command over the king, but ther:~
crave it at the hands of the lord steward, and all followed soon after the deposing and putting of
the peers, that Mr. Comptroller might be sent for, the king to death, as appeareth in our own chronito make good his accusation. cles, in two notable particulars of two unfortunate
Thereupon the lord steward sent a serjeant at kings: the one of Edward the Second, who, when
arms for Mr. Comptroller, who presently came he kept himself close for danger, was summoned
thither, and did freely and sincerely deliver, that he by proclamation to come and take upon him the
had only said, though he knew not well to whom, government of the realm: but as soon as he prethat Mr. Secretary and he, walking in the garden sented himself was made prisoner, and soon after
at court one morning about two years since, and forced to resign, and in the end tragically murtalking casually of foreign things, Mr. Secretary dered in Berkley Castle. And the other of King
told him, that one Doleman had maintained in a Richard the Second, who, though the Duke of
book, not long since printed, that the Infanta of Hereford,after Kinf Henry the Fourth, presented
Spain had a good title to the crown of England: himself before him with three humble reverences,
which was all, as Mr. Comptroller said, that ever yet in the end was deposed and put to death.
lie heard Mr. Secretary speak of that matter. Defence. To the point of not arming his men
And so the weak foundation of that scandal being otherwise than with pistols, rapiers, and daggers,
quickly discerned, that matter ended; all that it was replied:
could:' proved being no other, than that Mr. Reply. That that course was held upon cunComptroller had!old another, who had told the ning, the better to insinuate himself into the
Earl of Essex, that Mr. Secretary said to him that favour of the city, as coming like a friend with an
such a book said so; which every man could say All hail, or kiss, and not as an enemy, imaking
that hath read it, and no man better knew than full reckoning that the city would arm him, and
the earl himself, to whom it was dedicated. arm with him; and that he took the pattern of his
Defence. To the point of both their protestations, action from the day of the barricadoes at Paris,
that they intenlded no hurt to her majesty's person. where the Duke of Guise entering the city but
BReply. First, thejudges delivered their opinions with eight gentlemen, prevailing with the city of
for matter in law upon two points: the one, that Paris to take his part, as my Lord of Essex, thanks
in case where asubject attempteth to put himself be to God, failed of the city of London, made the
into such strength as the king shall not be able king, whom he thought likewise to have surprised,
to resist him, and to force and compel the king to to forsake the town, and withdraw himself into
govern otherwise than according to his own royal other places, for his farther safety. And it was
authority and direction, it is manifest rebellion. also urged against him, out of the confession ot
The other, that in every rebellion the law intend- the Earl of Rutland and others, that he cried out
eth as a consequent, the compassing the death to the citizens, ",That they did him hurt and no
and deprivation of the king, as foreseeing that good, to come without weapons;'" and provoked
the rebel will never suffer that king to live or them to arm: and finding they would not be
reign, which might punish or take revenge of his moved to arm with him, sought to arm his own
treason and rebellion. And it was enforced by troops.
the queen's counsel, that this is not only the wis- This, point by point, was the effect of the reply.
dom of the laws of the realm which so defineth Upon all which evidence both the earls were
of it, but it is also the censure of foreign laws, found guilty of treason by all the several voices
the conclusion of common reason, which is the of every one of the peers, and so received judg
ground of all laws, and the demonstrative asser- ment.