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present; whereby your majesty may perceivė, that this miscreant wretch goeth back from all, and denieth his hand and all. No doubt, being fully of belief, that he should go presently down to his trial, he meant now to repeat his part, which he purposed to play in the country, which was to deny all. But your majesty in your wisdom perceiveth, that this denial
. of his hand, being not possible to be counterfeited, and to be sworn by Adams, and so oft by himself formerly confessed and admitted, could not mend his before
any jury in the world, but rather aggravateth it by his notorious impudency and falshood, and will make him more odious. He never deceived me; for when others had hopes of discovery, and thought time well spent that way, I told your majesty pereuntibus mille figuræ ; and that he now did but turn himself into divers shapes, to save or delay his punishment. And therefore submitting myself to your majesty's high wisdom, I think myself bound in conscience to put your majesty in remembrance, whether Sir John Sydenham (6) shall be detained upon this man's impeaching, in whom there is no truth. Notwithstanding, that farther inquiry be made of this other Peacham, and that information and light be taken from Mr. Poulet (c) and his servants,
wo prosecute the trial.” The event of this trial, which was on the 7th of August, appears from Mr. Chamberlain's letter of the 14th of that month, wherein, it is said, that seven knights were taken “ from the bench, and appointed to be of the jury. He defended s * his o “ bimself very simply, but obstinately and doggedly enough. But offence was so foul and scandalous,
he was condemned of high treason ; yet not hitherto executed, nor perhaps shall be, if “ he have the grace to submit himself, and shew some remorse. He died, as from another letter of the 27th o
as appears in the jail at Taunton, where he was said
of March, 1616,
have « left behind a “ most wicked and desperate writing, worse than that he was con« victed for."
(6) He had been confronted about the end of February, or beginning of March, 161, with Mr. Peacham, about certain speeches, which had formerly passed between them. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from London, March 2, 1614
(c) John Poulet, Esq.; knight of the shire for the county of Somerset in the parliament, which met April 5, 1614. He was created lord Poulet of Henton St. George, June 23, 1627.
I hold it, as things are, necessary. God preserve your majesty
Your Majesty's most humble March 12, 1614. and devoted subject and servant,
Supplement of two passages omitted in the edition
of Sir FRANCIS Bacon's speech in the King's Bench, against OWEN (a), as printed in his works. After the words (it is bottomless) in the paragraph beginning [For the treason itself,
which is the second point, 8c.] add 3 [I said in the beginning, that this treason in the nature of it was old. It is not of the treasons, whereof it may be said from the beginning it was not so. You are indicted, Owen, not upon any statute made against the Pope's supremacy, or other matters, that have reference to religion ; but merely upon that law, which was born with the kingdom, and was law even in superstitious times, when the pope was received. The compassing and imagining of the king's death was treason. The statute of the 25th of Edward III. which was but declaratory, begins with this article, as the capital of capitals in treason, and of all others the most odious and the most perilous.] And so the civil law, &c.
At the conclusion of his speech after the words [the duke of Anjou and the papists] add
(a) He was of the family of that name at Godstow in Oxfordshire, [ Camdeni Annales Regis Jacobi I. p. 12.) He was a young
man, who had been in Spain; and was condemned at the King's Bench, on Wednesday, May 17, 1615, “ for divers most vile and traiterous • speeches confessed and subscribed with his own hand; as, among * others, that it was as lawful for any man to kill a king excom« municated, as for the hangman to execute a condemned person. “ He could say little for himself, or in maintenance of his desperate “ positions, but only that he meant it not by the king, and he holds, « him not excommunicate.” MS. letter of Mr. Chamberlain to Sir Dudley Carleton from London, May 20, 1615,
[As for subjects, I see not, or ever could discern, but that by infallible consequence, it is the case of all subjects and people, as well as of kings; for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the pope to do.it towards a king; and for a bishop to absolve the son from duty to the father, as for the pope to absolve the subject from his allegiance to his king. And this is not my inference, but the
inference, but the very affirmative of pope Urban the second, who in a brief to Godfrey, bishop of Luca, hath these very words, which cardia nal Baronius reciteth in his Annals, Tom. XI. p. 802. Non illos homicidas arbitramur, qui adversus excommunicatos zelo catholicæ matris ardentes eorum quoslibet trucidare contigerit, speaking generally of all excommunications.]
201 Due :
"O "TO MR. MURRAY (a). buie
Good Mr. Murray, took over ACCORDING to his majesty's pleasure by you signified unto me, we have attended my lord Chancellor (b), my lord Treasurer (), and Mr. Chancellor of the Exchequer (d), concerning Sir Gilbert Houghton's patent stayed at the seal; and we have acquainted them with the grounds and state of the suit, to justify them, that it was just and beneficial to his majesty. And for any thing we could perceive by any objection or reply they made, we left them in good opinion of the same, with this, that because my lord Chancellor, by the advice as it seemeth of the other two, had acquainted the council-table, for so many as were then present, with that suit amongst others, they thought fit to stay till his majesty's
(a) Harl. MSS. Vol. 6986.
(d) Sir Fulk Grevile, advanced to that post October 1, 1614, in the room of Sir Julius Cæsar, made master of the rolls.
coming to town, being at hand, to understand his
Your assured friends,
* From the collections of the late Robert Stephens, Esq.
SIR FRANCIS BACON, TO LORD NORRIS, IN
ANSWER TO HIM*.
of your misfortune ; and for any thing, that is within mine own command, your lordship may expect no other than the respects of him, that forgetteth not your lordship is to him a near ally, and "an ancient acquaintance, client, and friend. For that, which may concern my place, which governeth me, and not I it; if any thing be demanded at my hands 'or directed, or that I am ex officio to do any thing; if I say, it come to any of these three; for as yet I am
I a stranger to the business ; yet saving my duties, which I will never live to violate, your lordship shall find, that I will observe those degrees and limitations of proceeding, which belongeth to him, that knoweth well he serveth a clement and merciful master, and
his own nature shall ever incline to the more benign part; and that knoweth also what belongeth to nobility, and to a house of such merit and reputation, as the lord Norris is come from. And even so I remain,
Your Lordship's very loving friend,
TO THE KING (a).
KING (a). It may please your excellent Majesty, I RECEIVED this very day, in the forenoon, your majesty's several directions touching your cause prosecuted by my lord Hunsdon (b) as your farmer. Your
. first direction was by Sir Christopher Parkins, that the day appointed for the judicial sentence should hold: and if my lord chief justice, upon my repair to him, should let me know, that he could not be present, then my lord chancellor should proceed, calling to him my lord Hobart, except he should be excepted to; and then some other judge by consent. For the latter part of this your direction, I suppose,
there would have been no difficulty in admitting my lord Hobart; for after he had assisted at so many hearings, it would have been too late to except to him. But then your majesty's second and later direction, which was delivered unto me from the earl of Arundel, as by word of mouth, but so as he had set 'down a re. membrance thereof in writing freshly after the signification of his pleasure, was to this effect, that before any proceeding in the chancery, there should be a conference had between my lord chancellor, my lord chief justice, and myself, how your majesty's interest might be secured. This later direction I quainted my lord chancellor with ; and finding an impossibility, that this conference should be had be. fore to-morrow, my lord thought good, that the day be put over, taking no occasion thereof other than this, that in a cause of so great weight it was fit for him to confer with his assistants, before he gave any decree or final order. After such time as I have conferred with my lords, according to your commandment, I will give your majesty account with speed of the conclusion of that conference.
( Harl. MSS. Yol. 6986.