these facts with the conversation at Royston, cited from Welden, and can there be any reasonable doubt, that of some horrible crime or other the King had a guilty connivance and participation evidence however there is,-evidence arising from the King's own conduct, still more pointed and insurmountable.

The last scene of this tragic history was now about to be performed. The inferior instruments of guilt had been punished, and now a more august and awful spectacle was to be exhibited. England was invited to behold the noble and consolatory example of a monarch, deaf to entreaties, and immoveable by affection, putting aside every motive that might ruffle the serene majesty of justice, or interfere with the punctual discharge of that duty, which he had bound himself by the most dreadful imprecations to fulfil; never, if the oaths and adjurations of Kings were not mere air and empty sounds; never had a bandage thicker and more impenetrable been placed over the eyes of justice; never had her sword been grasped by a hand firmer and more inexorable.

Then stood before the peers of England, Frances, Countess of Somerset, foul within from the leprosy of accumulated guilt, but still dazzling with outward loveliness; for whom, three short years before, judges had perverted law, prelates trampled on the Gospel, and the Church had sanctified adultery; the scandal of her ancient line, and the shame of womanhood itself, whose hate was death, and whose love was infamy. To the frightful charge alleged against her, she pleaded guilty. Care had been taken that she should. Sir Francis Bacon, then Attorney General, writes to Sir George Villiers, "There is a direction given to Mr. Lieutenant, by my Lord Chancellor and myself, that as yesterday Mr. Whiting, the preacher, a discreet man, and one that was used to Hetwiss, should preach before the lady, and teach her, and move her generally to confession." In the same letter Bacon says, "My Lord Chancellor and I have

used a point of providence, for I did forecast that if anything should be spoken that should shew him (Somerset) guilty, she might break out into passionate protestations for his clearing, which, though it may justly be made light of, is better avoided. Therefore the Chancellor and I have devised, that upon the entrance into that declaration she shall, in respect of her weakness and not to add to her former affliction, be withdrawn." In other words, if she attempted to shew that Somerset was no party to her crime, she was, on pretence of sympathy, to be hurried away. Moreover, so much did this anxiety weigh on Bacon's mind, that he prepared a question for the judges, "Whether, if the lady make any digression to clear his Lordship, she is not, by the Lord Steward, to be interrupted and silenced?" These fears were never realized. The Countess of Somerset complied at once with the suggestions that had been made to her; but scarcely were the words which branded her as the most cruel, as she was known to be the most licentious, of women, out of her lips, when the King fulfilled his part of the compact, and she received from the Lord Steward and the Attorney General, the latter making use of the characteristic phrase, "mercy and truth are met together,"-assurances of her impunity.

The Countess of Somerset had been submissive, but her husband was made of sterner stuff. Every artifice was employed to shake his courage and bend his resolution. Lord Bacon's letters, commented upon by James, prove that the terror of the King, lest this accused man should disclose some secret to his judges, was boundless. The passages concerning a "little charm," or "evangile" (good tidings); the bearer of this message, "a new man," because "what is ordinary worketh not so great impressions as what is new and extraordinary;" the time, "so as not to stay in the stomach too long;" and yet not to be too near the day of trial, lest the motive should be too palpable; the anxiety that Somerset should know the care the King had of him, and the tokens of

his Majesty's compassion for him; the softening of the arguments before the peers, lest Somerset "should grow desperate and tax the King," are trumpet tongued, and tend to but one conclusion. In order, however, to shew the full extent of the anguish and solicitude of James, I insert a passage which has received from the Losely Papers (b) the most authentic corroboration :

"And now, for the last act, enters Somerset himself on the stage, who [being told, as the manner is, by the Lieutenant, that he must provide to go next day to his trial] did absolutely refuse it, and said they should carry him in his bed; that the King had assured him he should not come to any trial, neither durst the King bring him to trial; this was an high straine, and in a language not well understood by Sir George Moore [then Lieutenant in alwaies his roome], that made Moore quiver and shake, and however he was accounted a wise man, yet he was neare at his wit's end.

"Yet away goes Moore to Greenwich, as late as it was [being twelve at night], bounseth at the back-staires, as if mad, to whom came Jo. Leveston, one of the groomes, out of his bed, enquires the reason of that distemper at so late a season; Moore tels him he must speake with the King; Leveston replyes, he is quiet, [which, in the Scottish dialect, is fast asleep]; Moore sayes, you must awake him. Moore was called in, [the chamber left to the King and Moore]; he tels the King those passages, and desired to be directed by the King, for he was gone beyond his owne reason to heare such bold and undutifull expressions from a faulty subject against a just Soveraigne. The King falls into a passion of teares: On my soule, Moore, I wot not what to doe; thou art a wise man, helpe me in this great straight, and thou shalt finde thou dost it for a thankfull Master,' with other sad expressions; Moore leaves the King in that passion, but assures him he will prove the utmost of his wit to serve his (b) Appendix (1).

Majesty; and was really rewarded with a suit worth to him 1500 pounds.

"Sir George Moore returnes to Somerset about three next morning, of that day he was to come to triall, enters Somerset chamber, tels him he had been with the King, found him a most affectionate Master unto him, and full of grace in his intentions towards him; but [said he], to satisfie justice, you must appeare, although returne instantly again, without any further proceedings-only you shall know your enemies, and their malice, though they shall have no power over you. With this tricke of wit he allayed his fury, and got him quietly, about eight in the morning, to the Hall, yet feared his former bold language might revert againe, and being brought by this tricke into the toile, might have more inraged him to fly out into some strange discovery, for prevention whereof he had two servants placed on each side of him, with a cloak on their armes, giving them withall a peremptory order, if that Somerset did anyway fly out on the King, they should instantly hoodwink him with that cloak, take him violently from the bar, and carry him away; for which he would secure them from any danger, and they should not want also a bountifull reward. But the Earle, finding himselfe over-reached, recollected a better temper, and went on calmly in his tryall, where he held the company untill seven at night. But who had seene the King's restlesse motion all that day, [sending to every boat he saw landing at the bridge, cursing all that came without tydings], would have easily judged that all was not right, and there had been some grounds for his feares of Somerset's boldnesse; but at last one bringing him word he was condemned, and the passages, all was quiet. This is the very relation from Moore's owne mouth, and this he told verbatim, in Wanstead Parke, to two gentlemen [of which the Author was one]."

In opening the proceedings on Somerset's trial, Lord Bacon laid down one manifestly false rule of evidence, namely, that

as Weston had been found guilty of poisoning Overbury, Somerset could not deny that Overbury was poisoned, and poisoned by him. The proceedings were carried on in the usual manner. Depositions were read,-some upon oath, some, Bell's for instance, not upon oath; and Lord Chief Justice Coke had the effrontery to tell the peers, that “when in their testimony people accuse themselves, it is the same as if they gave their testimony upon oath." Conversations between Elwes and Monson, stated in depositions, were also given in evidence. When Lord Bacon had concluded his share of the prosecution, Lord Ellesmere, the Lord Steward, (and it should be recollected that Bacon had recommended particular caution in the selection of the Lord Steward), thus addressed Somerset,

"My Lord, you have heard what has been urged against you, and may imagine that there rests much behind; and therefore you had best confess the truth; otherwise you will lose more and wind in yourself."

To which Somerset made the significant reply, "My Lord, I came here with a resolution to defend myself."

The subsequent evidence was still more grossly irregular. Weston's examination was read; Franklin's examination was read; Countess of Somerset's letter to Elwes was read; a powder was mentioned,-on which the counsel for the Crown, Serjt Montagu, remarked, "Four several juries have found that this powder was poison, and that of this poison Overbury died." Lord Bacon again endeavours to induce Somerset to confess. Serjt. Crew declares, "that his positive refusal to confess is an implicative confession." The Lord Steward tells him "that his wife has confessed, and that there is great hope of the King's mercy if he mars not that which she made." He then alludes to the fate of Biron, who had been executed in France, and says, that if he had confessed Henry the Fourth would have pardoned him;-" and I think there never is nor was a more merciful King than our Master. But Biron