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not to give opinion by fractions, but entirely according to the vote whereupon they should settle upon conference; and that this auricular taking of opinions, single and apart, was new and dangerous; and other words more vehement than I repeat.

I replied in civil and plain terms, that I wished his lordship, in my love to him, to think better of it; for that this, that his lordship was pleased to put into great words, seemed to me and my fellows, when we spake of it amongst ourselves, a reasonable and familiar matter, for a king to consult with his judges, either assembled or selected, or one by one; and then to give him a little outlet, to save his first opinion, (wherewith he is most commonly in love) I added that judges sometimes might make a suit to be spared for their opinion till they had spoken with their brethren; but if the king upon his own princely judgment, for reason of estate, should think it fit to have it otherwise, and should so demand it there was no declining; nay, that it touched upon a violation of their oath, which was to counsel the king without distinction, whether it were jointly or severally. Thereupon I put him the case of the privy council, as if your majesty should be pleased to command any of them to deliver their opinion apart and in private; whether it were a good answer to deny it, otherwise than if it were propounded at the table. To this he said, that the cases were not alike, because this concerned life. To which I replied, that questions of estate might concern thousand of lives; and many things more precious than the life of a particular; as war and peace, and the like.

To conclude, his lordship," tanquam exitum quærens," desired me for the time to leave with him the papers, without pressing him to consent to deliver a private opinion till he had perused them. I said I would; and the more willingly, because I thought his lordship, upon due consideration of the papers, would find the case to be so clear a case

VOL. XI.

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of treason, as he would make no difficulty to deliver his opinion in private; and so I was persuaded of the rest of the judges of the king's bench; who likewise (as I partly understood) made no scruple to deliver their opinion in private. Whereupon he said (which I noted well) that his brethren were wise men, and that they might make a shew as if they would give an opinion as was required but the end would be, that it would come to this, they would say they doubted of it, and so pray advice with the rest. But to this I answered, that I was sorry to hear him say so much, lest if it came so to pass some that loved him not might make a construction that that which he had foretold he had wrought. Thus your majesty sees that, as Solomon saith, gressus nolentis tanquam in sepi spinarum," it catcheth upon every thing.

The latter meeting is yet of more importance; for then, coming armed with divers precedents, I thought to set in with the best strength I could, and said, that before I descended to the record I would break the case to him thus; that it was true we were to proceed upon the ancient statute of King Edward the Third, because other temporary statutes were gone, and therefore it must be said in the indictment," imaginatus est, et compassavit, mortem et finalem destructionem domini regis." Then must the particular treasons follow in this manner, viz. "Et quod, ad perimplendum nefandum propositum suum, composuit, et conscripsit, quendam detestabilem, et venenosum libellum, sive scriptum, in quo inter alia proditoria continetur," etc. And then the principal passages of treason, taken forth of the papers, are to be entered" in hæc verba;" and with a conclusion in the end, " ad intentionem, quod ligeus populus, et veri subditi domini regis, cordialem suum amorem, a domino rege retraherent et ipsum dominum regem relinquerent, et guerram, et insurrectionem, contra eum, levarent, et facerent," etc. I have in this former followed the ancient stile of the indictments for brevity's sake, though when we

come to the business itself we shall enlarge it according to the use of the later times. This I represented to him (being a thing he is well acquainted with) that he might perceive the platform of that was intended, without any mistaking or obscurity. But then I fell to the matter itself, to lock him in as much as I could, viz.

That there be four means or manners, whereby the death of the king is compassed and imagined.

The first, by some particular fact or plot.

The second, by disabling his title; as by affirming that he is not lawful king; or that another ought to be king; or that he is an usurper, or a bastard, or the like.

The third, by subjecting his title to the pope; and thereby making him of an absolute king a conditional king. The fourth, by disabling his regiment, and making him appear to be incapable, or indign to reign.

These things I relate to your majesty, in sum, as is fit; which when I opened to my lord I did insist a little more upon, with more efficacy and edge, and authority of law and record than I can now express.

Then I placed Peacham's treason within the 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 sides and so leave you open on the fourth.

It is true he heard me in a grave fashion, more than accustomed, and took a pen and took notes of my divisions; and when he read the precedents and records, would say, this you mean falleth within your first or your second division. In the end, I expressly demanded his opinion, as that whereto both he and I was enjoined. But he desired me to leave the precedents with him, that he might advise upon them. I told him, the rest of my fellows would dispatch their part and I should be behind with mine; which I persuaded myself, your majesty would impute rather to his

backwardness than my negligence. He said, as soon as I should understand that the rest were ready, he would not be long after with his opinion.

For I. S. your majesty knoweth the day draweth on; and my Lord Chancellor's recovery, the season and his age promising not to be too hasty. I spake with him on Sunday, at what time I found him in bed, but his spirits strong, and not spent or wearied; and spake wholly of your business leading me from one matter to another. And wished, and seemed to hope, that he might attend the day for I. S. and it were (as he said) to be his last work, to conclude his services and express his affection towards your majesty. I presumed to say to him, that I knew your majesty would be exceeding desirous of his being present that day, so as that it might be without prejudice to his continuance; but that otherwise your majesty esteemed a servant more than a service; especially such a servant. Surely, in mine opinion your majesty were better put off the day than want his presence, considering the cause of the putting off is so notorious; and then the capital and the criminal may come together the next term.

I have not been unprofitable in helping to discover and examine within these few days a late patent, by surreption obtained from your majesty, of the greatest forest in England, worth 30,000l. under colour of a defective title, for a matter of 4007. The person must be named, because the patent must be questioned. It is a great person, my Lord of Shrewsbury; or rather (as I think) a greater than he, which is my lady of Shrewsbury. But I humbly pray your majesty, to know this first from my Lord Treasurer; who, methinks, groweth even studious in your business. God preserve your majesty. Your majesty's most humble and devoted subject and servant.

The rather in regard of Mr. Murray's absence,
I humbly pray your majesty to have a little
regard to this letter.

A Letter to the King touching my Lord Chancellor's amendment, and the putting off, I S. his Cause, February 7, 1614.

It may please your excellent Majesty,

My Lord Chancellor sent for me, to speak with me, this morning about eight of the clock. I perceive he hath now, that signum sanitatis, as to feel better his former weakness. For it is true, I did a little mistrust that it was but a boutade of desire and good spirit, when he promised himself strength for Friday, though I was won and carried with it. But now I find him well inclined, to use (should I say) your liberty or rather your interdict, signified by Mr. Secretary from your majesty. His lordship shewed me also your own letter, whereof he had told me before, but had not shewed it me. What shall I say? I do much admire your goodness for writing such a letter at such a time.

He had sent also to my Lord Treasurer, to desire him to come to him about that time. His lordship came; and not to trouble your majesty with circumstances, both their lordships concluded, myself present, and concurring, that it could be no prejudice to your majesty's service to put off the day for I. S. till the next term. The rather because there are seven of your Privy Council, which are at least numerous, and part of the court which are by infirmity like to be absent; that is my Lord Chancellor, my Lord Admiral, my Lord of Shrewsbury, my Lord of Exeter, my Lord Zouch, my Lord Stanhope, and Mr. Chancellor of the Dutchy wherefore they agreed to hold a council to morrow in the afternoon for that purpose.

It is true, that I was always of opinion, that it was no time lost; and I do think so the rather, because I could be content that the matter of Peacham were first settled and put to a point. For there be, perchance, that would make the

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