. The works of Francis Bacon . agging of mens mouths at their death ; but that they may fpeak freelyat the lalt hour ; but then it muft come from the free motion of the party, notby temptation of qucftions. The queftions that are to be afked, ought to tend tafarther revealing of their own or others guiltiriefs ; but to ufe a queftiort in thenature of a falfe interrogatory, to falfify that which is res jud:c:Ua, is that were to ereft a court or commiffion of review at Tyburn, againft theKings bench at Weftminfter. And befides, it is a thing vain and idle : for if thevanfwer acc
. The works of Francis Bacon . agging of mens mouths at their death ; but that they may fpeak freelyat the lalt hour ; but then it muft come from the free motion of the party, notby temptation of qucftions. The queftions that are to be afked, ought to tend tafarther revealing of their own or others guiltiriefs ; but to ufe a queftiort in thenature of a falfe interrogatory, to falfify that which is res jud:c:Ua, is that were to ereft a court or commiffion of review at Tyburn, againft theKings bench at Weftminfter. And befides, it is a thing vain and idle : for if thevanfwer according to the judgment paft, it adds no credit: or if it be contrary, itderogateth nothing : but yet it fubjefteth the majefty of juftice to popular and vul-gar talk and opinion. My lords, thefe are great and dangerous offences; for if we do ndt maintainjuftice, iaftice will not maintain us. But now your lordfliips fliall hear the examinations themfclves, upon which LfUall have occaiion to note fome particular things, etc. 599. r IT E [ 6oo ]THE CHARGE O F Sir FRANCIS BACON, Knight, His Majestys Attorney-General, AGAINST FRANCES Countefs of Somerset, Intended to have been fpoken by him at her arraignment, on Friday,May 24, 1616, in cafe (he had pleaded not guilty*. // may pleafe your grace, my lord High Steward of England f, and you my lordsthe peers : YOU have heard the indidment againft this lady well opened-, and likewifethe point in law, that might make Ibme doubt, declared and folved ; whereincertainly the policy of the law of England is much to be elleemed, which requirethand refpeiSeth form in the indiftment, and fubftance in the proof. This fcruple it may be hath moved this lady to plead not guilty, though for theproof I fliall not need much more than her own confeffion, which flie hath for-merly made, free and voluntary, and therein given glory to God and Juftice. Andcertainly confeffion, as it is the ftrongeft foundation of juftice, fo it is a kind ofcorner-ltone, whe
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