For the Star-Chamber business, I shall (as you write) keep the clock on going, which is hard to do when sometimes the wheels are too many and sometimes too few. But we shall do well, specially if those whom the King hath hitherto made bondmen (I mean, which have given bonds for their fines) he do not hereafter make free-men,1 For Suffolk's fine, it is a little strange that the Attorney made it a question to the Commissioners of Treasure, whether Suffolk should not be admitted to the lease of the extent of his own land, which is the way to encourage him not to pay his fine. But when it was told him that the contrary course was held with the Earl of Northumberland, and that thereby he was brought to agree for his fine, then he turned, as his manner is. For the errors, we have yet so much use of the service of Sir Henry Britten in bringing in the fines (indeed more than of the Attorney) as we cannot without prejudice to his Majesty's service enter yet into them, and besides Sir Edward Coke comes not abroad. Mr. Kirkam hath communicated with me, as matter of profit to his Majesty, upon the coals referred by his Majesty to us of the Treasury; wherein I hope we shall do good, the rather because I am not alone. The proclamation for light gold Mr. Secretary Calvert I know hath sent to his Majesty; and therefore of that I say no more. For the raising of silver by ordinance and not by proclamation, and that for the time to come, we have given order to finish it. I hear a whispering that thereupon the Commissioners of the Navy, the Officers of the Household, the Wardrobe, may take occasion to break the book and the undertakings, because the prices may rise; which I thought good to signify to his Majesty. And, to speak plainly, I fear more the pretence than the natural effect. God ever preserve your Lordship. I rest Your Lordship's most obliged friend, 20 January, 1619. and faithful servant, FR. VERULAM, Canc. 1 By "those other businesses of the Star-Chamber which his Majesty hath recommended to your Lordship," Bacon understood the business of the Dutch merchants who had been fined. But the King meant the publication in the StarChamber of the commonwealth commissions which Bacon had recommended. See the next letter. 2 See above, p. 61. 1619-20.] COMMISSIONS TO BE PUBLISHED IN STAR CHAMBER. 75 TO THE LORD CHANCELLOR.1 My honourable Lord, I have acquainted his Majesty with your letter, who is very well pleased therewith, finding in you a continual care of his service. In that point of the Star-Chamber business, his Majesty saith there is a mistaking; for he meant not the Dutchmen's business, but that motion which your Lordship made unto him of sitting in the Star-Chamber about the Commissions, which he had not leisure to read till he came down to Royston, and hath reason to give you thanks for it, desiring you to prepare it, and study the point, (of which he will speak more with you at his return to London) being a matter worthy your thinking on, and his Majesty's practice. For the last point of your letter, his Majesty saith it cannot but proceed of malice that there should be any such plot, which he will not endure, but he will account those that whisper of it in that sort, enemies to his service, and will put them out of their places that practise it. And so I rest Your Lordship's faithful friend and servant, Newmarket, Jan. 22, 1619. This was Bacon's birthday: the celebration of which on this occasion Camden thought worth noting in his Annalium Apparatus. 1620. Jan. 22.-Franciscus Baconus, Cancellarius Angliæ, natalem diem LIX. ætatis celebrat. TO ETC. THE MARQUIS OF BUCKINGHAM, LORD ADMIRAL OF ENGLAND. 2 My very good Lord, To keep form, I have written immediately to his Majesty of Justice Crooke's death, and send your Lordship the letter open, wishing time were not lost. God preserve and prosper you. Your Lordship's ever, FR. VERULAM, Canc. 24 Jan, 1619. 1 Harl. MSS. 7006, f. 162. Original. Docketed by Meautys, "22 Jan. 1619. My Lo Marq' of Buck to yr Lp. to consider well of some particulars wh will occasion his M. to sit in person in the Star-Chamber." 2 Fortescue Papers. Original: own hand. EXTRACT FROM A LETTER FROM SIR LIONEL CRANFIELD TO THE MARQUIS OF BUCKINGHAM, JAN. 31, 1619. "I have acquainted my Lord Chancellor with my conceit of disposing the pretermitted customs to pay the city their debt of 100,000l. I will not write his cpinion or approbation (because I proposed it). But your Lordship may guess when he desired to have the handling it that he may have the honour and thanks from the King; wherewith I am very well pleased, so the thing be done, that his Majesty may have the ease and profit." Mr. Secretary, To MR. SECRETARY CALVERT. 2 I have received your letter of the 3rd of this present, signifying his Majesty's pleasure touching Peacock's3 examinations, of which I will have special care. My Lord Coke is come to the town, and hath sent me word, he will be with me on Monday, though he be somewhat lame; howsoever, the service shall be done. 4 I was made acquainted by your letter to Secretary Naunton with his Majesty's dislike of the sending to him of the jolly letter from Zealand. I will now speak for myself, That, when it was read, I turned to the Master of the Wards, and said, "Well, "I think you and I shall ever advise the King to do more for a "Burlomachy, when he seeketh to his Majesty by supplication and "" supplying the King at the first word, than for all the rest upon "any bravados from the Burgomasters of Holland and Zealand;" who answered very honestly that it was in the King's power to make them alter their style when he would. But when another of us said, we could not but in our own discharge send the King the letter, scilicet negandum non fuit; though indeed my way is otherwise. I have at last recovered from these companions, Harrison and Dale, a copy of my Lord of Bangor's book, the great one, and will presently set in hand the examinations. God keep you. Your assured friend, February 5, 1619. 1 Tanner MSS. 74, f. 239 b. FR. VERULAM, Canc. a Gibson Papers, vol. viii. fo. 121. Original draught: own hand. 3 "Peacockus Cintabr. qui professus erat se præstigiis Regis animum in causâ Tho. Laki a vero judicio deflexisse." Camd. Annal. App. 22 Feb. 1620. + Sir Lionel Cranfield. 1619-20. EXAMINATION OF PEACOCK. 77 TO THE MARQUIS OF BUCKINGHAM, LORD ADMIRAL OF My very good Lord, ENGLAND. 1 I doubt not but Sir Giles Montperson advertiseth your Lordship how our revenue business proceeds. I would his Majesty had rested upon the first names. For the additionals, specially the exchequer man, doth not only weaken the matter, but weakeneth my forces in it, he being thought to have been brought in across. But I go on, and hope good service will be done. 2 For the Commissions to be published in the Star-chamber, for which it pleased his Majesty to give me special thanks, I will have special care of them in time. God ever prosper you. Your Lordship's most obliged friend, and faithful servant, FR. VERULAM, Canc. 10th of Feb. 1619. To THE KING, S May it please your Majesty, Sir Edward Coke is now on foot, and according to your command, signified by Mr. Secretary Calvert, we proceed in Peacock's examinations; for although there have been very good diligence used, yet certainly we are not at the bottom; and he that would not use the utmost of his line to sound such a business as this, should not have due regard neither to your Majesty's honour nor safety. A man would think he were in Luke Hatton's case again; for as my Lady Roos personated Luke Hatton, so it seemeth Peacock personateth Atkins. But I make no judgment yet, but will go on with all diligence; and if it may not be done otherwise, it is fit Peacock be put to torture. He deserveth it as well as Peacham did. 1 Fortescue Papers. Original: own hand. 2 If this refers to the new names added to the Commission of Treasure, alluded to in the letter on the state of the finances printed in the next section, it will help to date that letter. 3 Gibson Papers, vol. viii. fo. 122. Copy. No fly-leaf. Indorsed" to the K. touching Peacock's examination. I beseech your Majesty not to think I am more bitter because my name is in it; for besides that I always make my particular a cypher when there is question of your Majesty's honour or service, I think myself honoured for being brought into so good company. And as without flattery I think your Majesty the best of Kings, and my noble Lord of Buckingham the best of persons favoured, so I hope without presumption (for my honest and true intentions to state and justice, and my love to my master) I am not the worst of Chancellors. God ever preserve your Majesty. Your Majesty's most obliged 10th of February, 1619. and most obedient servant, FR. VERULAM, Canc. It is to be regretted that we do not know more about this case of Peacock; for Bacon appears in it, far more distinctly than in that of Peacham, as sanctioning the use of torture under certain conditions for judicial purposes; and it would have been instructive to know what the conditions were. In the case of Peacham, all we know is that he did not refuse to be present at an examination under torture (which he had not advised or otherwise sanctioned, and could not have prevented), when his attendance was required by those who had authority to require it. His presence under such circumstances proves nothing but that he did not think it his duty to resign his place rather than assist. But in this case we find him suggesting torture as a thing which in a possible contingency it might be "fit" to resort to; and he afterwards followed the suggestion so far forth at least as this :-he concurred with the rest of the Council (including Coke) in issuing a warrant conveying to certain persons the requisite authority for applying it, It is true that Mr. Jardine was unable "to discover any evidence of the actual application of the torture," and therefore it may be that the warrant was meant to be used only by way of menace; but we must nevertheless conclude that both Bacon and Coke at that time held it to be legal. Nor indeed could they well have held it to be otherwise, if legality was to be presumed where custom had been long and uniform and unchallenged. When Coke was first made Attorney-General and Bacon first employed in the business of the 1 According to Camden (Annal. Appar. p. 54) it was applied on the 22nd of February. "Peacockus Cantabr.... tormentis in arce Londini subjicitur: alii amentem, alii impostorem censuerunt." |