1619-20.] USE OF TORTURE IN EXAMINATIONS. 79 Learned Counsel, scarcely a year passed without the issue of one or more such warrant; and the right to issue them was never disputed. It was not disputed now. If it had been, they could have produced plenty of precedents in justification. The power was exercised under certain limitations. It could be used only in cases of treason, and then only in examinations by the Council preparatory to arraignment nor could it be used for "evidence" (confessions obtained under torture not being themselves admissible as evidence before the Judge); but only for "discovery,"-that is, in order to obtain information which might lead to the discovery of evidence. But with these limitations the right to examine prisoners with torture had been assumed and occasionally exercised by the Crown without contradiction for the last century and half, at least. That both Bacon and Coke thought it legal therefore, is not surprising. And I can imagine cases in which Bacon would have thought it not only legal but right to put it in force-cases in which a man was wilfully concealing what he had no right to conceal, and where the application of pain might induce him to confess the truth. The wonder is that in a case like this of Peacock's he should have thought so. Witchcraft, no doubt, even in his eyes, was a graver thing than we can easily imagine now; and yet he could hardly have spoken about the case in the tone he uses here, if there had not been something more in question than a charge either of practising or pretending to have infatuated the King's judgment by sorcery. Possibly the pretence of sorcery was suspected to have been used as a cover for some dangerous design. But the examination seems to have failed to justify the suspicion; and as the case never came to trial we know no more about it, except what we learn from rumour; which, dealing with matters in their nature secret, cannot be accepted as a conclusive authority. The last rumour we hear of it is from Chamberlain, writing sixteen days after the date of the last letter. "One Peacock, sometime a schoolmaster and minister (but a very busy brained fellow) was the last week committed to the Tower for practising to infatuate the King's judgment by sorcery (they say) in the business of Sir Thomas Lake and the Lady of Exeter. He hath been strictly examined by the Lord Chancellor, the Lord Coke, the Lord Chief Justice,' the Attorney, Solicitor, and others and on Tuesday was hanged up by the wrists; and though he were very impatient of the torture and swooned once or twice, yet I cannot learn that they have wrung any great matter 1 See his letter to Sir T. Leigh and Sir T. Puckering, 15 May, 1619. 2 According to Mr. Jardine this was the first case of a common law judge being among the persons to whom a torture warrant was directed. out of him. Sir Thomas Lake was confronted with him at the Lord Chancellor's; whereon a suspicion arises that the matter may reach to him or his Lady." In the copy of this letter printed in the Court and Times of James I.' the parenthetical words (they say) are omitted. But they are important as showing some distrust on Chamberlain's part of the accuracy of the report which he was quoting. AND TO HIS VERY LOVING FRIENDS, THE PARISHIONERS FEOFFEES FOR THE POOR OF THE PARISH OF ST. ALLDATS, IN OXFORD.2 After my hearty commendations, I send you here enclosed a copy of an order made by the late Lord Chancellor, my predecessor, in the cause depending in Chancery between Edmond Blyth, plaintiff, against John Phillips and others, defendants, and formerly directed by his Lordship's letters unto you, to show cause why a decree made by commissioners for charitable purposes should not be confirmed by decree of the Chancery, which hitherto you have not done; and therefore it was desired that it might be decreed accordingly, which I have foreborne to do, but have thought fit to recontinue the said order, and to renew the said letters unto you, requiring you to show good cause by the second return of the next term, why the commissioners' decree should not be confirmed, otherwise the plaintiff is to have his lease decreed as he hath desired. So wishing you due respect herein, I bid you farewell, Your loving friend, FR. VERULAM. From York House, this 13th of February, 1619. TO THE MARQUIS OF BUCKINGHAM.S My very good Lord, For the services committed to Sir Lionel Cranfield, after his Majesty hath spoken with him, I shall attend and follow his 2 Montagu's edition of Bacon's works, vol xiii. p. 4. Apparently from the Lambeth Library, though the reference is not given. 3 Lambeth MSS. 942, 12. Copy: hastily written. 1619-20.] LETTER TO THE KING OF DENMARK. 81 Majesty's pleasure and directions, and yield my best care, advice, and endeavour for performance. In the pretermitted duty, I have some profit, and more was to have had, if Queen Anne had lived. Wherefore I shall become an humble suitor to his Majesty, that I may become no leesor, specially seeing the business had been many a time and oft quite overthrown, if it had [not] been upheld only or chiefly by myself; so that whatsoever service hath been since done is upon my foundation. Mr. Attorney groweth pretty pert with me of late, and I see well who they are that maintain him. But be they flies, or be they wasps, I neither care for buzzes nor stings, most especially in anything that concerneth my duty to his Majesty or my love to your Lordship. I forgot not in my public charge the last Star-Chamber-day to publish his Majesty's honour, for his late commission for the relief of the poor and suppressing vagabonds; as also his gracious intention touching informers, which I perceive was received with much applause. That of projectors I spake not of because it is not yet ripe, neither doth it concern the execution of any law, for which my speech was proper. God ever preserve and prosper you. Your Lordship's most obliged friend, and faithful servant, FR. VERULAM, Canc. February 17, 1619. In the course of the following month Sir Robert Anstruther, a friend and kinsman of Bacon's, was sent over to the King of Denmark to borrow money for the Count Palatine,-money which was to be placed at his disposal, but on condition that it should be employed in the defence of the Palatinate and Bacon sent another letter of compliment by him. Though written with the reserve and brevity which became the relation between them, it is easy in comparing it with the former letter, written nine months before, to read in it the change which had come over the aspect of Europe in the interval, through the events which followed the death of the Emperor Matthias. VOL. VII. G SERENISSIMO AC POTENTISSIMO REGI AC DOMINO, DOMINO CHRISTIANO QUARTO, DEI GRATIA DANIE, NORVEGIE, VANDALORUM, GOTHORUMQUE &c. REGI, DOMINO SUO CLEMENTISSIMO.1 Serenissime Rex, Cum vir generosus Robertus Amstrudder, eques auratus, servus regis nostri majorem in modum et habilis et acceptus, Vestræque Majestati unice deditus, mihique arctâ admodum necessitudine conjunctissimus, ad Serenitatem Suam profecturus esset, officio meo me defuturum existimavi nisi literas debitâ cum humilitate et reverentiâ ad Suam Serenitatem darem; quibus et animi mei propensissimum affectum testarer, et virtutum suarum me cultorem ingenuum profiterer, et servitia mea quibuscunque in rebus usui esse possim Serenissimæ Majestati Vestræ offerrem. Cumque res jam caleant, et status Europæ cœperit esse commotior, et nova scoena ad exhibendam prudentiam regiam et virtutes heroicas jam apparata sit, Deum Optimum Maximum precor ut omnia felicem sortiantur exitum in ejus gloriam et religionis stabilimentum, et per quem effusioni sanguinis Christiani maxime parcatur, atque ut tales in eâ sint partes Regis nostri et Majestatis Vestræ quæ honores vestros, et salutem, necnon amplitudinem regnorum vestrorum, maxime cumulare et illustrare possint. Superest ut humillime exosculer manus Majestatis Vestræ, eique omnia prospera perpetuo exoptem. Majestatis Vestræ omni observantiâ 2 Mart. 1620. 1 'Archæologia,' vol. xli. "Sir Robert Anstruther, a very able and valued servant of my King, singu larly devoted to your Majesty, and a very near ally of my own, being about to proceed to your Court, I thought I should fall short of my duty if I did not, with due humility and reverence, give him a letter for your Serenity; whereby I might both testify the strength of my own affection, and profess my sincere admiration for your virtues, and make offer of my services in whatever way they may be of use to your Majesty. And seeing that matters now grow hot, and the state of Europe begins to be more disturbed, and a new stage is preparing for the exhibition of kingly wisdom and heroic virtues, I pray Almighty God that all may have a happy issue, to his glory and the establishment of his religion, and such as may most spare the shedding of Christian blood; and that both my King and your Majesty may play such part in it as may most increase and illustrate your honours and conduce to the welfare and likewise to the amplitude of your kingdoms. It remains that I humbly kiss your Majesty's hands, and wish you always all prosperity." 1619-20.] LETTER OF ADVICE ABOUT THE TREASURY. TO THE LORD CHANCELLOR.1 My honourable Lord, 83 Understanding that there hath been a long and tedious suit depending in the chancery between Robert D'Oyley and his wife, plaintiffs, and Leonard Loveis, defendant; which cause hath been heretofore ended by award, but is now revived again, and was in Michaelmas term last fully heard before your Lordship; at which hearing your Lordship did not give your opinion thereof, but were pleased to defer it, until breviats were delivered in on both sides, which as I am informed hath been done accordingly now my desire unto your Lordship is, that you will be pleased to take some time as speedily as your Lordship may, to give your opinion thereof, and so make a final end, as your Lordship shall find the same in equity to deserve. For which I will ever rest : Your Lordship's faithful friend and servant, Windsor, 18 of May 1620. 3. Among the undated letters in Stephens's catalogue, there is one which is described as "a long letter about setting the Treasury to rights and making a Lord Treasurer;" and beginning with the words, 'Your Ma. having bound me.' I suppose therefore that there was such a letter among the papers sent to Tenison in December, 1682, of which the greater number were finally deposited in the Lambeth library, where they still remain. Some however appear to have been separated from the rest, and either to have been lost or to have found their way into other collections; and this is one of them. I could find no paper at Lambeth answering the description, but there is one in the British Museum which answers it exactly; and being transcribed in the hand of Edward Sherburn, belonged most probably to some collection of Bacon's own papers. At any rate it is plainly his composition. It is a fair transcript as far as it goes, but it seems to break off in the middle, and has neither heading nor docket to fix the date. It must however have been written before the 7th of October, 1620, and probably some time before, because in recalling it then to the King's attention he refers to it as his "former counsel." And on the other hand it must have been written after the 19th of July, 1618, when the Earl of Suffolk was removed from the Treasurership; and certainly a considerable time after; because the many matters enumerated in it as having been already dealt with by the commissioners must have taken a long time 1 Harl. MSS. 7000. Orig. Docketed, "18 May, My Lo. Marq" to your Lp. desiring to make an end between Doyley and Lovace." |