11.
v Haynes, p 196.

See further, La Boderie, vol.i.p.

211.
There cannot be a stronger proof how lightly the rack was employed than the following story, told by Lord Bacon.

We shall give it in his own words: "The queen was mightily incensed against Haywarde, on account of a book he dedicated to Lord Essex, being a story of the first year of Henry IV., thinking it a seditious prelude to put into the people's heads boldness and faction:[*] she said, she had an opinion that there was treason in it, and asked me if I could not find any places in it that might be drawn within the case of treason?
Whereto I answered, For treason, sure I found none; but for felony, very many: and when her majesty hastily asked me, Wherein?
I told her, the author had committed very apparent theft; for he had taken most of the sentences of Cornelius Tacitus, and translated them into English, and put them into his text.
And another time, when the queen could not be persuaded that it was his writing whose name was to it, but that it had some more mischievous author, and said with great indignation, that she would have him racked to produce his author; I replied, Nay, madam, he is a doctor; never rack his person, but rack his style: let him have pen, ink, and paper, and help of books, and be enjoined to continue the story where it breaketh off, and I will undertake, by collating the styles, to judge whether he were the author or no."[**] Thus, had it not been for Bacon's humanity, or rather his wit, this author, a man of letters, had been put to the rack for a most innocent performance.

His real offence was his dedicating a book to that munificent patron of the learned, the earl of Essex, at a time when this nobleman lay under her majesty's displeasure.
* To our apprehension, Haywarde's book seems rather to have a contrary tendency.