Imágenes de páginas


your testimony and commendation. And though hope to have some means not to be barren in occasion give you the precedence of doing me this friendship towards you. We all thirst after the special good office; yet, I hope no long time will king's coming, accʻunting all this but as the intercede, before I shall have some means to dawning of the day, before the rising of the sun, requite your favour and acquit your report. More till we have his presence. And though now his particularly, having thought good to make obla- majesty must be Janus Bifrons, to have a face lo iion of my most humble service to his majesty by Scotland as well as to England, yet, “ Quod nunc a few lines, I do desire your loving care and help instat agendum:" The expectation is here, that he by yourself, or such means as I refer to your dis- will come in state and not in strength. So, for cretion, to deliver and present the same to his this time I commend you to God's goodness. :majesty's hands. Of which letter I send you a copy, that you may know what you carry; and may take of Mr. Matthew the letter itself; if you pleased to undertake the delivery. Lastly, I do A LETTER TO THE EARL OF SOUTHAMPTON, UPON commend to yourself, and such your courtesies as occasion may require, this gentleman, Mr. Mat- IT MAY PLEASE your LORDSHIP, thew, eldest son to my Lord Bishop of Durham, I would have been very glad, to have presented and my very good friend ; assuring you that any my humble service to your lordship by my attendcourtesy, you shall use towards him, you shall ance, if I could have foreseen that it should not use to a very worthy young gentleman, and one, have been unpleasing unto you. And, therefore, I know, whose acquaintance you will much because I would commit no error, I chose to esteem. And so, I ever continue.

write; assuring your lordship, how credible soever it may seem to you at first, yet, it is as true as a thing that God knoweth ; that this great change

hath wrought in me no other change towards A LETTER TO MR. DAVIS, THEN GONE TO TIIE KING, AT HIS FIRST ENTRANCE.

your lordship than this; that I may safely be now

that which I was truly before. And so, craving Master Davis,

no other pardon, than for troubling you with my 'Though you went on the sudden, yet you could letter, I do not now begin to be, but continue to be, not go before you had spoken with yourself to the

Your lordship’s humble and much devoted. purpose, which I will now write. And, therefore, I know it shall be altogether needless, save that I Incant to show you that I was not asleep. Briefly, I commend myself to your love and the well using my name; as well in repressing and answering A LETTER TO THE EARL OF NORTHUMBERLAND, for

AFTER HE HAD BEEN WITH THE KING. if there be any biting or nibbling at it in that place; as by imprinting a good conceit and IT MAY PLEASE your good LORDSHIP, opinion of me, chiefly in the king, (of whose

I would not have lost this journey, and I

yet favour I make myself comfortable assurance ;) as have not that I went for. For I have had no priotherwise in that court. And, not only so, but vate conference to purpose with the king. No generally to perform to me all the good offices, more hath almost any other English: for the which the vivacity of your wit can suggest to speech, his majesty admitteth with some nobleyour mind, to be performed to one, with whose men, is rather matter of grace than matter of busiaffection you have so great sympathy; and in ness; with the attorney he spake, urged by the whose fortune you have so great interest. So, Treasurer of Scotland, but no more than needs desiring you to be good to concealed poets, I

After I had received his majesty's first continue.

welcome, and was promised private access: yet, not knowing what matter of service your lordship's letter carried, (for I saw it not,) and well

knowing that primeness in advertisement is much, A LETTER TO MR. FAULES, 28 MARTII, 1603.

I chose rather to deliver it to Sir Thomas HesMr. Faules,

kins than to cool it in mine own hands upon I did write unto you yesterday, by Mr. Lake, expectation of access. Your lordship shall find (who was despatched hence from their lordships,) a prince the furthest from vainglory that may a letter of revivor, of those sparks of former be; and rather, like a prince of the ancient formi acquaintance between us in my brother's time: than of the latter time: his speech is swift and and now upon the same confidence, finding so fit cursory, and in the full dialect of his country, and a messenger, I would not fail to salute you; in speech of business short, in speech of discourse hoping it will fall out so happily, as that you large: he affecteth popularity, by gracing such as shall be one of the king's servants, which his he hath heard to be popular, and not by any inajesty will first employ here with us: where I fashions of his own. He is thought somewhat






general in his favours; and his virtue of access late pieces, I forbear to say to your lordship what is rather because he is much abroad and in press I find and conceive; but to any other I would than that he giveth easy audience. He hasteneth think to make myself believed. But not to be to a mixture of both kingdoms and occasions, tedious in that which may have the show of a faster perhaps than policy will well bear. I told compliment, I can but wish your lordship many your lordship once before, that (methought) his happy years; many more than your father bad; majesty rather asked counsel of the time past than even so many more as we may need you more of the time to come. But it is yet early to ground So I remain. any settled opinion. For the particulars I refer to conference, having in these generals gone further, in so tender an argument, than I would have done, were not the bearer hereof so assured. A LETTER OF THANKS TO THE KING, UPON MR So, I continue, etc.


I do understand, by some of my good friends,

to my great comfort, that your majesty hath in A LETTER TO MR. PIERCE, SECRETARY TO THE mind your majesty's royal promise (which to me

is “ anchora spei") touching the attorney's place. Master PIERCE,

I hope Mr. Attorney shall do well. I thank God I am glad to hear of you as I do; and for my I wish no man's death, nor much mine own life, part, you shall find me ready to take any occasion more than to do your majesty service. Før I to further your credit and preferment: and I dare account my life the accident, and my duty the assure you (though I am no undertaker) to pre- substance. But this I will be bold to say : if it pare your way with my Lord of Salisbury, for please God that ever I serve your majesty in the any good fortune which may befall you. You attorney's place, I have known an Attorney teach me to complain of business, whereby I Cooke, and an Attorney Hobert; both worthy write the more briefly; and yet I am so unjust, men, and far above myself; but if I should not as that which I allege for mine own excuse, I find a middle way between their two dispositions cannot admit for yours. For I must by ex- and carriages, I should not satisfy myself. But pecting, exact your letters with this fruit of your these things are far or near, as it shall please sufficiency, as to understand how things pass in God. Meanwhile, I most humbly pray your that kingdom. And, therefore, having begun, I majesty to accept my sacrifice of thanksgiving pray you continue. This is not merely curiosity, for your gracious favour. God preserve your for I have ever (I know not by what instinct) majesty. I ever remain. wished well to that impolished part of this crown. And, so with my very loving commendations, I remain.






I did little expect when I left your lordship

last, that there would have been a proceeding IT MAY PLEASE YOUR GOOD LORDSHIP,

against Mr. Barnard to his overthrow. Wherein Having no gist to present you with, in any I must confess myself to be in a sort accessary : degree proportionable to my mind, I desire never- because he relying upon me for counsel, I advised theless to take the advantage of a ceremony to that course which he followed. Wherein now 1 express myself to your lordship; it being the begin to question myself, whether, in preserving first time I could make the like acknowledgment my respects to your lordship and the rest, I have when I stood out of the person of a suitor; not failed in the duty of my profession towards wherefore I must humbly pray your lordship to my client; for certainly, if the words had been think of me, that now it hath pleased you, hy heinous and spoken in a malicious fashion, and many effectual and great benefits, to add the in some public place and well proved, and not a assurance and comfort of your love and favour to prattle in a tavern, caught hold of by one, who that precedent disposition which was in me to (as I hear) is a detected sycophant, (Standish I admire your virtue and merit; I do esteem what- mean,) yet I know not what could have beer. soever I have or may have in this world but as done more than to impose upon himn a grievous trash in comparison of having the honour and fine; and to require the levying of the same; and happiness to be a near and well accepted kins- to take away his means of life by his disfraninan to so rare and worthy a counsellor, governor, chisement; and to commit him to a defanied and patriot. For having been a studious, if not prison during Christmas; in honour whereof tho a curious observer of antiquities of virtue, as of prisoners in other courts do commonly of grace

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 punishment 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 everinore 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 ain
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 IT 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; whiclı, 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 necasion of Mr. Attorney's infirmity, I found your first find an encounter in the opinion of my Lord

buting ourselves and enjoining secrecy, we did lordship even as I could wish. This doth increase Coke; who seemed to affirm, 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, I 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


[ocr errors]
[ocr errors]

mistrusted, they would not deliver any opinionsion without the premises, and by haste hindereih. 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 I 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 concurse 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 God 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 three days, he to the case of a prisoner condemned at the bar; hath scarcely done to any; I thought it inight 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.

1 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 's possible to be done, and such a servant. Not to trouble your majesty, where the impediment is. Mr. Secretary bringeth though good spirits in sickness be uncertain calen. s 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- hope by that day, etc. Vol. II!.-6

D 2


To which I replied, that questions of estate might A LETTER TO TIIE KING, GIVING HIM AN ACCOUNT OF PEACHAM'S BUSINESS, AND SOME concern thousands of lives; and many things OTHIERS, 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 dilliquality 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 nefarreasonable 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 regern relinquerent, et guerram, et insurrectionem, declining; nay, that it touched upon a violation contra enm, levarent, et facerent," etr. 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 1.0 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.:

[ocr errors]
« AnteriorContinuar »