obtain some enlargement. This rigour of proceed- should be so much troubled with this matter of
ing (to tell your lordship and the rest, as my Peacham's, whose raging devil seemeth to be
good friends, my opinion plainly) tendeth not to turned into a dumb devil. But although we are
strengthen authority, which is best supported by driven to make our way through questions, (which
love and fear intermixed; but rather to make I wish were otherwise,) yet I hope well the end
people discontented and servile; especially, when will be good. But then every man must put to
such punishinent is inflicted for words, not by his helping hand; for else I must say to your
rule of law, but by a jurisdiction of discretion, majesty, in this and the like cases, as St. Paul
which would evermore be moderately used. And said to the centurion, when some of the mariners
I pray God, whereas, Mr. Recorder, when I was had an eye to the cock-boat, “ except these stay
with you, did well and wisely put you in mind in the ship, ye cannot be safe." I find in my
of the admonitions you often received from my lords great and worthy care of the business.
lords that you should bridle unruly tongues ; that And, for my part, I hold my opinion and am
those kind of speeches and rumours whereunto strengthened in it, by some records that I have
those admonitions do refer, which are concerning found. God preserve your majesty.
the state and honour thereof, do not pass too Your majesty's most humble, and devoted
licentiously in the city unpunished; while these

subject and servant.
words which concern your particular are so
straightly inquired into, and punished with such
extremity. But these things, your own wisdom
(first or last) will best represent unto you. My

A LETTER TO THE KING, TOUCHING PEACHAM'S writing unto you at this time is, to the end, that

CAUSE, JANUARY 27, 1014. howsoever I do take it somewhat unkindly, that my mediation prevailed no more; yet I might Ir MAY PLEASE YOUR EXCELLENT MAJESTY, preserve that further respect that I am willing to This day, in the afternoon, was read, your use unto such a state, in delivering my opinion majesty's letters of direction touching Peacham; unto you freely, before I would be of counsel, or which, because it concerneth properly the duty move any thing that should cross your proceed- of my place, I thought it fit for me to give your ings; which, notwithstanding, (in case my client majesty both a speedy and private account can receive no relief at your hands,) I must and thereof; that your majesty, knowing things will do. Continuing, nevertheless, in other clearly how they pass, may have the true fruit of things, my wonted good affection to yourselves, your own wisdom and clear-seeing judgment in and your occasions.

governing the business.

First, for the regularity which your majesty (as

a master in business of estate) doth prudently preA LETTER TO MY LORD TREASURER SALISBURY, scribe in examining, and taking examinations, I

subscribe to it; only I will say for myself, that I

was not at this time the principal examiner. IT MAY PLEASE YOUR GOOD LORDSHIP, I would entreat the new year to answer for the commandeth, for the feeling of the judges of the

For the course your majesty directeth and old, in my humble thanks to your lordship; both King's Bench, their several opinions by distrifor many your favours, and chiefly that, upon the buting ourselves and enjoining secrecy, we did occasion of Mr. Attorney's infirmity, I found your first find an encounter in the opinion of my Lord lordship even as I could wish. This doth increase Coke; who seemed to aflirm, that such particua desire in me to express my thankful mind to lar and (as he called it) auricular taking of opiyour lordship; hoping that though I find age, and nions, was not according to the custom of this decays grow upon me, yet I may have a flash or

realm ; and seemed to divine that his brethren two of spirit left to do you service. And I do would never do it. But when I replied, that it protest before God, without compliment or any was our duty to pursue your majesty's directions ; light vanity of mind, that if I knew in what and it were not amiss for his lordship to leave his course of life to do you best service, I would take brethren to their own answers, it was so conit, and make my thoughts, which now fly to many cluded ;) and his lordship did desire, that I might pieces, to be reduced to that centre. But all this, confer with himself; and Mr. Serjeant Montague is no more than I am, which is not much; but yet was named to speak with Justice Crooke; Mr. the entire of nim, that is, etc.

Serjeant Crew with Justice Houghton; and Mr.
Solicitor with Justice Dodderidge. This done, I

took my fellows aside, and advised that they A LETTER TO HIS MAJESTY, CONCERNING should presently speak with the three judges,

PEACHAM'S CAUSE, JANUARY, 21, 1614. before I could speak with iny Lord Coke for IT MAY PLEASE YOUR EXCELLENT MAJESTY, doubt of infusion; and (that they should not in

It grieveth me exceedingly, that your majesty! any case make any doubt to the judges, as if they

UPON A NEW YEAR'S TIDE.

a

mistrusted, they would not deliver any opinion | sion without the premises, and by haste hindereth.

, , apart, but speak resolutely to them, and only It is my lord treasurer and the exchequer must help make their coming to be, to know what time they it, if it be holpen. I have heard more ways than would appoint to be attended with the papers. one, of an offer of 20,0001. per annum, for farmThis sorted not amiss; for Mr. Solicitor came to ing the penalties of recusants, not including any me this evening and related to me, that he had offence, capital or of premunire; wherein I will found Judge Dodderidge very ready to give opinion presume to say, that my poor endeavours, since I in secret; and fell upon the same reason, which was by your great and sole grace your attorney, upon your majesty's first letter I had used to my have been no small spurs to make them feel your Lord Coke at the council table; which was, that laws, and seek this redemption; wherein must every judge was bound expressly by his oath to also say, my Lord Coke hath done his part: and give your majesty counsel when he was called; I do assure your majesty I know it, somewhat and whether he should do it jointly or severally, inwardly and groundedly, that by the courses we that rested in your majesty's good pleasure, as have taken, they conform daily and in great numyou would require it. And though the ordinary bers; and I would to God, it were as well a concourse was to assemble them, yet there might version as a conformity; but if it should die by intervene cases, wherein the other course was dispensation or dissimulation, then I fear, that more convenient. The like answer made Jus- whereas your majesty hath now so many ill subtice Crook. Justice Houghton, who is a softjects poor and detected, you shall then have them man, seemed desirous first to confer; alleging, rich and dissembled. And, therefore, I hold this that the other three judges had all served the offer very considerable, of so great an increase of crown before they were judges, but that he had revenue; if it can pass the fiery trial of religion not been much acquainted with business of this and honour, which I wish all projects may pass. nature.

Thus, inasmuch as I have made to your majesty We purpose, therefore, forth with, they shall be somewhat a naked and particular account of busimade acquainted with the papers; and that if that ness, I hope your majesty will use it accordingly. could be done, as suddenly as this was/ I should Cod preserve your majesty. make small doubt of their opinions; and how

Your majesty's most humble and soever, I hope, force of law and precedent, will

devoted subject and servant. bind them to the truth : neither am I wholly out

of hope, that my Lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not continue singular For Owen; I know not the reason, why there

CHANCELLOR'S HEALTII. JAN. 29, 1614. should have been no mention made thereof in the last advertisement: for I must say for myself, IT MAY PLEASE YOUR EXCELLENT MAJESTY, that I have lost no moment of time in it, as my Because I know your majesty would be glad to Lord of Canterbury can bear me witness. For hear how it is with my lord chancellor; and that having received from my lord an additional of it pleased him out of his ancient and great love to great importance; which was, that Owen of his me, which many times in sickness appeareth most, own accord, after examination, should compare the to admit me to a great deal of speech with him case of your majesty (if you were excommunicated) this afternoon, which, during these thiree days, he to the case of a prisoner condemned at the bar; hath scarcely done to any; I thought it might be which additional was subscribed by one witness; pleasing to your majesty to certify you how I but yet I perceived it was spoken aloud, and in found him. I found him in bed, but his spirits the hearing of others, I presently sent down a copy fresh and good, speaking stoutly, and without thereof, which is now come up, attested with the being spent or weary, and both willing and beginhands of three more, lest there should have been ning of himself to speak, but wholly of your any scruple of singularis testis ;” so as, for this majesty's business. Wherein I cannot forget to case, I may say “omnia parata;” and we expect relate this particular, that he wished that his senbut a direction from your majesty, for the ac- tencing of the I. S. at the day appointed, might quainting the judges severally; or the four judges be his last work, to conclude his services, and of the King's Bench, as your majesty shall think express his affection towards your majesty. ] good.

told him I knew your majesty would be very deI forget not, nor forslow not your majesty's sirous of his presence that day, so it might be commandment touching recusants; of which, without prejudice, but otherwise your majesty when it is ripe, I will give your majesty a true esteemed a servant more than a service, especially account, and what is possible to be done, and such a servant. Not to trouble your majesty, where the impedimentis. Mr. Secretary bringeth though good spirits in sickness be uncertain calen" bonum voluntatem,” but he is not versed much dars, yet I have very good comfort of him, and I in these things; and sometimes urgeth the conclu- I hope by that day, etc. VOL. III.-6

D 2

A LETTER REPORTING THE STATE OF MY LORD

To which I replied, that questions of estate might A LETTER TO THE KING, GIVING HIM AN ACCOUNT OF PEACHAM'S BUSINESS, AND SOME

concern thousands of lives; and many things OTHERS, JAN. 31, 1614.

more precious than the life of a particular; as

war and peace, and the like. IT MAY PLEASE YOUR EXCELLENT MAJESTY,

To conclude, his lordship, “ tanquam exitum I received this morning, by Mr. Murray, a mes- quærens,” desired me for the time to leave with sage from your majesty of some warrant and con- him the papers, without pressing him to consent fidence, that I should advertise your majesty of to deliver a private opinion till he had perused your business, wherein I had part. Wherein, I them. I said I would; and the more willingly, am first humbly to thank your majesty for your because I thought his lordship, upon due consideragood acceptation of my endeavours and service; tion of the papers, would find the case to be so which I am not able to furnish with any other clear a case of treason, as he would make no diffiquality save faith and diligence.

culty to deliver his opinion in private; and so I For Peacham's case, I have, since my last let- was persuaded of the rest of the judges of the ter, been with my Lord Coke twice; once before King's Bench ; who, likewise, as I partly underMr. Secretary's going down to your majesty, and stood, made no scruple to deliver their opinion in once since, which was yesterday; at the former private. Whereupon, he said, (which I noted of which times I delivered him Peacham’s papers, well,) that his brethren were wise men, and that and at this latter, the precedents which I had with they might make a show as if they would give care gathered and selected; for these degrees and an opinion as was required, but the end would be, order the business required.

that it would come to this, they would say they At the former I told him that he knew my doubted of it, and so pray advice with the rest. errand, which stood upon two points; the one, to But to this I answered, that I was sorry to hear inform him the particular case of Peacham's trea- him say so much, lest, if it came so to pass, some sons, ( for I never give it other word to him,) the that loved him not might make a construction that other to receive his opinion to myself, and in that which he had foretold he had wrought. Thus secret, according to my commission from your your majesty sees that, as Solomon saith, “gressus majesty.

nolentis tanquam in sepi spinarum,” it catcheth At the former time, he fell upon the same alle upon every thing. gation which he had begun at the council table; The latter meeting is yet of more importance; that judges were not to give opinion by fractions, for, then, coming armed with divers precedents, I but entirely, according to the vote whereupon they thought to set in with the best strength I could should settle upon conference; and that this auri- and said, that before I descended to the record,'I cular taking of opinions, single and apart, was would break the case to him thus: that it was true new and dangerous; and other words more vehe- we were to proceed upon the ancient statute of ment than I repeat.

King Edward the Third, because other temporary I replied in civil and plain terms, that I wished statutes were gone, and therefore it must be said his lordship, in my love to him, to think better of in the indictment, “ imaginatus est, et compassait; for that this, that his lordship was pleased to vit, mortem et finalem destructionem domini regis.” put into great words, seemed to me and my fel- Then must the particular treasons follow in this lows, when we spake of it amongst ourselves, a manner, viz.: “ Et quod, ad perimplendum nefanreasonable and familiar matter, for a king to con- dum propositum suum, composuit, et conscripsit, sult with his judges, either assembled or selected, quendam detestabilem, et venenosum libellum, or one by one; and then to give him a little out- sive scriptum, in quo inter alia proditoria continelet, to save his first opinion, (wherewith he is tur," etc. And then the principal passages of most commonly in love,) I added that judges treason, taken forth of the papers, are to be ensometimes might make a suit to be spared for their tered « in hæc verba ;” and with a conclusion in opinion till they had spoken with their brethren; the end, “ ad intentionem, quod ligeus populus, but if the king, upon his own princely judgment, et veri subditi domini regis, cordialem suum amofor reason of estate, should think fit to have it rem, a domino rege retraherent et ipsum dominum otherwise, and should so demand it, there was no regem relinquerent, et guerram, et insurrectionem, declining; nay, that it touched upon a violation contra eum, levarent, et facerent,” etc. I have in of their oath, which was, to counsel the king this former followed the ancient style of the inwithout distinction, whether it were jointly or dictments for brevity's sake, though, when we severally. Thereupon, I put him the case of the come to the business itself, we shall enlarge it privy council, as if your majesty should be pleased according to the use of the later times. This I to command any of them to deliver their opinion represented to him, (being a thing he is well acapart and in private; whether it were a good quainted with,) that he might perceive the platform answer to deny it, otherwise than if it were pro- of that was intended, without any mistaking or pounded at the table. To this he said, that the obscurity. But then I fell to the matter itself, tn cases were not alike, because this concerned life. lock him in as much as I could, viz. :

term.

That there be four means or manners, where- putting off is so notorious; and then the capital by the death of the king is compassed and ima- and the criminal may come together the next gined.

The first, by some particular fact or plot. I have not been unprofitable in helping to dis

The second, by disabling his title; as by af- cover and examine within these few days a late firming that he is not lawful king; or that another patent, hy surreption obtained from your majesty, ought to be king; or that he is a usurper, or a of the greatest forest in England, worth 30,0001., bastard, or the like.

under colour of a defective title, for a matter of The third, by subjecting his title to the pope; 4001. The person must be named, because the and thereby making him of an absolute king a patent must be questioned. It is a great person, conditional king.

my Lord of Shrewsbury; or rather (as I think) ('The fourth, by disabling his regiment, and a greater than he, which is my Lady of Shrewsmaking him appear to be incapable, or indign to bury. But I humbly pray your majesty, to know reign.

this first from my lord treasurer; who, meThese things I relate to your majesty, in sum, thinks, groweth even studious in your business. as is fit; which when I opened to my lord I did God preserve your majesty. Your majesty's insist a little more upon, with more efficacy and most humble and devoted subject and servant. edge, and authority of law and record than I can The rather in regard of Mr. Murray's absence, now express.

I humbly pray your majesty to have a little {Then I placed Peacham's treason within the regard to this letter. last division, agreeable to divers precedents,

whereof I had the records ready; and concluded, that your majesty's safety, and life, and authority, was thus by law ensconsed and quartered ; and that it was in vain to fortify on three of the A LETTER TO THE KING TOUCHING MY LORD

CHANCELLOR'S AMENDMENT, AND THE PUTsides, and so leave you open on the fourth.

TING OFF I. S. HIS CAUSE. FEBRUARY 7, 1614. It is true he heard me in a grave fashion, more than accustomed, and took a pen and took notes IT MAY PLEASE YOUR EXCELLENT MAJESTY: of my divisions; and when he read the prece- My lord chancellor sent for me, to speak dents and records, would say, this you mean with me, this morning, about eight of the clock. falleth within your first or your second division. I perceive he hath now that signum sanitatis, as In the end, I expressly demanded his opinion, as to feel better his former weakness. For it is true,

I that whereto both he and I was enjoined. But I did a little mistrust that it was but a boutade of he desired me to leave the precedents with him, desire and good spirit, when he promised himself that he might advise upon them. I told him, the strength for Friday, though I was won and carrest of my fellows would despatch their part, and ried with it. But now I find him well inclined, I should be behind with mine; which, I per- to use (should I say) your liberty, or rather your suaded myself, your majesty would impute rather interdict, signified by Mr. Secretary from your to his backwardness than my negligence. He majesty. His lordship showed me also your said, as soon as I should understand that the rest own letter, whereof he had told me before, but were ready, he would not be long after with his had not showed it me. What shall I say? I do opinion.

much admire your goodness for writing such a For I. S., your majesty knoweth the day draw- letter at such a time. eth on; and my lord chancellor's recovery, the He had sent also to my lord treasurer, to deseason and his age promising not to be too hasty. sire him to come to him about that time. His I spake with him on Sunday, at what time I lordship came; and, not to trouble your majesty found him in bed, but his spirits strong, and not with circumstances, both their lordships conspent or wearied; and spake wholly of your busi- cluded, myself present, and concurring, that it ness leading me from one matter to another. could be no prejudice to your majesty's service And wished, and seemed to hope, that he might to put off the day for I. $. till the next term. attend the day for I. S., and it were (as he said) The rather because there are seven of your privy to be his last work, to conclude his services and council, which are at least numerous, and part express his affection towards your majesty. I of the court which are by infirmity like to be abpresumed to say to him, that I knew your majesty sent; that is, my lord chancellor, my lord adwould be exceeding desirous of his being present miral, my Lord of Shrewsbury, my Lord of that day, so as that it might be without prejudice Exeter, my Lord Zouch, my Lord Stanhope, and to his continuance; but that otherwise your ma- Mr. Chancellor of the Duchy: wherefore they jesty esteemed a servant more than a service; agreed to hold a council to-morrow in the afterespecially such a servant. Surely, in mine opi- noon for that purpose. nion, your majesty were better put off the day than It is true, that I was always of opinion, that it want his presence, considering the cause of the was no time lost; and I do think so the rather

a

because I could be content that the matter of that it is needless; I commended my lord's diliPeacham were first settled and put to a point. gence, but withal put it by ;) and fell upon the For there be, perchance, that would make the ex- other course, (which is the true way ;) that is, that ample upon I. S. to stand for all. For Peacham, whosoever shall affirm, in diem, or sub-condiI expect some account from my fellows this day. tione, that your majesty may be destroyed, is a If it should fall out otherwise, then I hope it may traitor de præsenti; for that he maketh you but not be left se. (Your majesty, in your last letter, tenant for life at the will of another. And I put very wisely, put in a disjunctive that the judges the Duke of Buckingham's case, who said, that should deliver an opinion privately, either to my if the king caused him to be arrested of treason, lord chancellor or to ourselves, distributed; his he would stab him; and the case of the impossickness, made the latter way to be taken: but tress, Elizabeth Barton, that said, that if King the other may be reserved. with some accommo- Henry the Eighth took not his wife again, Kathadating, when we see the success of the former. rine Dowager, he should be no longer king; and

I am appointed, this day, to attend my lord the like. treasurer for a proposition of raising profit and It may be these particulars are not worth the revenue, by enfranchising copy-holders. I am relating. But, because I find nothing in the right glad to see the patrimonial part of your world, so important to your service as to have revenue well looked into, as well as the fiscal. you thoroughly informed, (the ability of your direcAnd I hope it will so be, in other parts as well tion considered,) it maketh me thus to do; most as this. God preserve your majesty.

humbly praying your majesty to admonish me, if Your majesty's most humble and devoted I be over troublesome. subject and servant.

For Peacham, the rest of my fellows are ready to make their report to your majesty, at such time, and in such manner, as your majesty shall require

it. Myself yesterday, took my Lord Coke aside, A LETTER TO THE KING OF ACCOUNT OF OWEN'S after the rest were gone, and told him all the rest CAUSE, ETC. 11 FEBRUARY, 1614.

were ready, and I was now to require his lordIT MAY PLEASE YOUR EXCELLENT MAJESTY, ship's opinion, according to my commission. He

(Myself, with the rest of your counsel learned, said, I should have it; and repeated that, twice conferred with my Lord Coke and the rest of or thrice, as thinking he had gone too far, in that the judges of the King's Bench only, being met kind of negative (to deliver any opinion apart) at my lord's chamber, concerning the business before; and said he would tell it me within a of Owen) For although it be true that your ma- short time, though he were not at that instant jesty in your letter did mention, that the same ready. I have tossed this business, in omnes course might be held in the taking of opinions partes, whereof I will give your majesty knowapart, in this which was prescribed and used in ledge, when time serveth. God preserve your Peacham's cause; yet both my lords of the coun

majesty. cil and we, amongst ourselves, holding it, in a

Your majesty's most humble and devoted case so clear, not needful; but rather that it

subject and servant. would import a diffidence in us, and deprive us of the means to debate it with the judges (if cause were) more strongly, (which is somewhat,) we thought hest rather to use this form.

A LETTER TO THE KING, REPORTING THE DAY The judges desired us to leave the examina- OF IIEARING OF I. S. HIS CAUSE, IN THE STAR tions and papers with them, for some little time,

CHIAMBER. 29 APRIL, 1615. to consider (which is a thing they use;) but I IT MAY PLEASE YOUR EXCELLENT VAJESTY, conceive there will be no manner of question made I. S.'s day is past, and well past. I hold it to of it. (My lord chief justice, to show forward- be Janus bifrons; it hath a good aspect to that ness, (as I interpret it.) showed us passages of which is past, and to the future; and doth both Suarez and others, thereby to prove, that though satisfy and prepare. All did well: My lord your majesty stood not excominunicated by par-chief justice delivered the law for the benevoticular sentence, yet by the general bulls of Cæna lence, strongly; I would he had done it timely. Domini, and others, you were upon the matter Mr. Chancellor of the Exchequer spake finely, excommunicated; and therefore that the reason somewhat after the manner of the late lord privy was, as De præsenti. But I that foresee, that if seal: not all ont so sharply, but as elegantly. that course snould be held, when it cometh to a Sir Thomas Lake (who is also new in that court) public day, to disseminate to the rulgar an pi- did very well, familiarly and counsellor-like. My nion that your majesty's case is all one as if you Lord of Pembroke (who is likewise a stranger were de facto particularly and expr ssly excommu- there) did extraordinary well, and became himnicated, it would but increase the danger of your self well, and had an evident applause. I meant person with those that are desperate Papists; and well also; and because my information was the