EARL OF SOMERSET. 231 



touched in the considerations applied to the former 

 case ; whereunto may be added, that as there is 

 ground of mercy for her, upon her penitency and 

 free confession, and will be much more upon his 

 finding guilty ; because the malice on his part will 

 be thought the deeper source of the offence ; so 

 there will be ground for mercy on his part, upon the 

 nature of the proof; and because it rests chiefly 

 upon presumptions. For certainly there may be an 

 evidence so balanced, as it may have sufficient mat 

 ter for the conscience of the peers to convict 

 him, and yet leave sufficient matter in the con 

 science of a king upon the same evidence to par 

 don his life ; because the peers are astringed by 

 necessity either to acquit or condemn ; but grace is 

 free : and for my part, I think the evidence in this 

 present case will be of such a nature. 



Thirdly, It shall be my care so to moderate the 

 manner of charging him, as it might make him not 

 odious beyond the extent of mercy. 



Lastly, All these points of mercy and favour are 

 to be understood with this limitation, if he do not, 

 by his contemptuous and insolent carriage at the 

 bar, make himself incapable and unworthy of them. 



The third case is, if he should stand mute and 

 will not plead, whereof, your majesty knoweth, there 

 hath been some secret question. 



In this case I should think fit, that, as in public, 

 both myself, and chiefly my lord chancellor, sitting 

 then as lord Steward of England, should dehort and 

 deter him from that desperation ; so nevertheless, 

 that as much should be done for him, as was done 



