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A LETTER TO THE KING, GIVING HIM AN AC

To which I replied, that questions of estate might

COUNT OF PEACHAM'S BUSINESS, AND SOME concern thousands of lives; and many things

OTHERS, JAN. 31, 1614.

IT MAY PLEASE YOUR EXCELLENT MAJESTY,

I received this morning, by Mr. Murray, a message from your majesty of some warrant, and confidence, that I should advertise your majesty of your business, wherein I had part. Wherein, I am first humbly to thank your majesty for your good acceptation of my endeavours and service; which I am not able to furnish with any other quality save faith and diligence.

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 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 show 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 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 ( other to receive his opinion to myself, and in secret, according to my commission from your majesty.

For Peacham's case, I have, since my last letter, been with my Lord Coke twice; once before Mr. Secretary's going down to your majesty, and once since, which was yesterday; at the former of which times I delivered him Peacham's papers, and at this latter, the precedents which I had with care gathered and selected; for these degrees and order the business required.

At the former time, he fell upon the same allegation which he had begun at the council table; that judges were 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 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.

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.

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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 style 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, where- | putting off is so notorious; and then the capital by the death of the king is compassed and ima- and the criminal may come together the next gined.

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 a 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;

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 30,000., 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.

and that it was in vain to fortify on three of the A LETTER TO THE KING TOUCHING MY LORD 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 despatch 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

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 showed me also your own letter, whereof he had told me before, but had not showed 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 Duchy: 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 example upon I. S. to stand for all. For Peacham, I expect some account from my fellows this day. If it should fall out otherwise, then I hope it may not be left so. Your majesty, in your last letter, very wisely, put in a disjunctive that the judges should deliver an opinion privately, either to my lord chancellor or to ourselves, distributed; his sickness, made the latter way to be taken: but the other may be reserved, with some accommodating, when we see the success of the former.

I am appointed, this day, to attend my lord treasurer for a proposition of raising profit and revenue, by enfranchising copy-holders. I am right glad to see the patrimonial part of your revenue well looked into, as well as the fiscal. And I hope it will so be, in other parts as well as this. God preserve your majesty.

that it is needless; I commended my lord's diligence, but withal put it by; and fell upon the other course, (which is the true way;) that is, that whosoever shall affirm, in diem, or sub-conditione, that your majesty may be destroyed, is a traitor de præsenti; for that he maketh you but tenant for life at the will of another. And I put the Duke of Buckingham's case, who said, that if the king caused him to be arrested of treason, he would stab him; and the case of the impostress, Elizabeth Barton, that said, that if King Henry the Eighth took not his wife again, Katharine Dowager, he should be no longer king; and the like.

It may be these particulars are not worth the relating. But, because I find nothing in the world, so important to your service as to have you thoroughly informed, (the ability of your direction considered,) it maketh me thus to do; most humbly praying your majesty to admonish me, if

Your majesty's most humble and devoted I be over troublesome.
subject and servant.

For Peacham, the rest of my fellows are ready to make their report to your majesty, at such time, and in such manner, as your majesty shall require it. Myself yesterday, took my Lord Coke aside,

A LETTER TO THE KING OF ACCOUNT OF OWEN'S after the rest were gone, and told him all the rest

CAUSE, ETC. 11 FEBRUARY, 1614.

IT MAY PLEASE YOUR EXCELLENT MAJESTY,

Myself, with the rest of your counsel learned, conferred with my Lord Coke and the rest of the judges of the King's Bench only, being met at my lord's chamber, concerning the business of Owen. For although it be true that your majesty in your letter did mention, that the same course might be held in the taking of opinions apart, in this which was prescribed and used in Peacham's cause; yet both my lords of the council and we, amongst ourselves, holding it, in a case so clear, not needful; but rather that it would import a diffidence in us, and deprive us of the means to debate it with the judges (if cause were) more strongly, (which is somewhat,) we thought best rather to use this form.

The judges desired us to leave the examinations and papers with them, for some little time, to consider (which is a thing they use;) but I conceive there will be no manner of question made of it. My lord chief justice, to show forwardness, (as I interpret it,) showed us passages of Suarez and others, thereby to prove, that though your majesty stood not excommunicated by particular sentence, yet by the general bulls of Cona Domini, and others, you were upon the matter excommunicated; and therefore that the treason was, as De præsenti. But I that foresee, that if that course snould be held, when it cometh to a public day, to disseminate to the vulgar an opinion that your majesty's case is all one as if you were de facto particularly and expressly excommunicated, it would but increase the danger of your person with those that are desperate Papists; and

were ready, and I was now to require his lordship's opinion, according to my commission. He said, I should have it; and repeated that, twice or thrice, as thinking he had gone too far, in that kind of negative (to deliver any opinion apart) before; and said he would tell it me within a short time, though he were not at that instant ready. I have tossed this business, in omnes partes, whereof I will give your majesty knowledge, when time serveth. God preserve your majesty.

Your majesty's most humble and devoted subject and servant.

A LETTER TO THE KING, REPORTING THE DAY OF HEARING OF I. S. HIS CAUSE, IN THE STAR CHAMBER. 29 APRIL, 1615.

IT MAY PLEASE YOUR EXCELLENT Majesty,

I. S.'s day is past, and well past. I hold it to be Janus bifrons; it hath a good aspect to that which is past, and to the future; and doth both satisfy and prepare. All did well: My lord chief justice delivered the law for the benevolence, strongly; I would he had done it timely. Mr. Chancellor of the Exchequer spake finely, somewhat after the manner of the late lord privy seal: not all out so sharply, but as elegantly. Sir Thomas Lake (who is also new in that court) did very well, familiarly and counsellor-like. My Lord of Pembroke (who is likewise a stranger there) did extraordinary well, and became himself well, and had an evident applause. I meant well also; and because my information was the

ground, having spoken out of a few heads which | are to have all the Old Company's profit, by the I had gathered; (for I seldom do more) I set trade of whites; they are again to have upon the down, as soon as I came home, cursorily, a frame proportion of clothes, which they shall vend dyed of that I had said; though I persuade myself I and dressed, the Fleming's profit upon the teynspake it with more life. I have sent it to Mr. tour. Now then as I say, as it had been too good Murray, sealed; if your majesty have so much husbandry for a king to have taken profit of them idle time to look upon it, it may give some light if the project could have been effected at once, (as of the day's work: but I most humbly pray your was voiced;) so on the other side it might be, majesty to pardon the errors. God preserve you perchance, too little husbandry and profidence to take nothing of them, for that which is merely lucrative to them, in the mean time. Nay, I say further, this will greatly conduce and be a kind of security to the end desired. For I always feared, and do yet fear, that when men, by condition merchants, though never so honest, have

ever.

Your majesty's most humble subject, and devoted servant.

A LETTER TO THE KING, CONCERNING THE NEW gotten into their hands the trades of whites, and

COMPANY. AUGUST 12, 1615.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, Your majesty shall shortly receive the bill, for the incorporation of the New Company; together with a bill, for the privy seal, being a dependency thereof. For this morning I subscribed and docketed them both. I think it, therefore, now time, to represent to your majesty's high wisdom that which I conceive, and have had long in mind, concerning your majesty's service and honourable profit in this business.

This project, which hath proceeded from a worthy service of the lord treasurer, I have from the beginning constantly affected; as may well appear by my sundry labours from time to time in the same. For I hold it a worthy character of your majesty's reign and times; insomuch, as though your majesty might have at this time (as is spoken) a great annual benefit for the quitting of it, yet, I shall never be the man that should wish your majesty to deprive yourself of that beatitude; "Beatius est dare, quàm accipere," in this cause; but to sacrifice your profit (though, as your majesty's state is, it be precious to you) to so great a good of your kingdom: although this project is not without a profit, immediate unto you, by the increasing of customs upon the materials of days.

But here is the case. The New Company, by this patent and privy seal, are to have two things wholly diverse from the first intention; or rather, ex diametro, opposite unto the same; which, nevertheless, the most of necessity have, or else the work is overthrown. So as I may call them, mala necessaria, but yet withal temporary. For as men make war to have peace, so these merchants must have license for whites, to the end to banish whites; and they must have license to use teyntours, to the end to banish teyntours.

This is therefore that I say; your majesty upon these two points may justly, and with honour, and with preservation of your first intention inviolate, demand profit in the interim, as long as these unnatural points continue, and then to cease. For your majesty may be pleased to observe they

the dispensation of teyntour, wherein they shall reap profit for that which they never sowed; but have gotten themselves certainties, in respect of the state's hopes; they are like enough to sleep upon this, as upon a pillow, and to make no haste to go on with the rest. And though it may be said that that is a thing will easily appear to the state, yet (no doubt) means may be devised and found to draw the business in length. So that I conclude that if your majesty take a profit of them, in the interim, (considering you refuse profit from the Old Company,) it will be both spur and bridle to them to make them pace aright to your majesty's end.

This, in all humbleness, according to my avowed care and fidelity, being no man's man but your majesty's, I present, leave, and submit to your majesty's better judgment; and I could wish your majesty would speak with Sir Thomas Lake in it; who, besides his good habit which he hath in business, beareth (methinks) an indifferent hand in this particular; and (if it please your majesty) it may proceed as from yourself, and not as a motion or observation of mine.

Your majesty need not in this to be straitened in time, as if this must be demanded or treated, before you sign their bill; for I, foreseeing this, and foreseeing that many things might fall out which I could not foresee, have handled it so, as with their good contentment there is a power of revocation inserted into their patent. And so, commending your majesty to God's blessed and precious custody, I rest

Your majesty's most humble and devoted
subject and servant.

A LETTER TO SIR GEORGE VILLIERS, TOUCHING ROPER'S PLACE. JANUARY 22, 1615.

SIR,

Sending to the king upon occasion, I would not fail to salute you by my letter; which, that it may be more than two lines, I add this for news; that as I was sitting by my lord chief

ble to truth and your majesty's service. If this New Company break, it must either be put upon the patent or upon the order made by themselves. For the patent, I satisfied the board that there was no title in it which was not either verbatim in the patent of the Old Company, or by special warrant from the table, inserted. My Lord Coke, with much respect to me, acknowledged, but disliked the old patent itself, and disclaimed his being at the table when the additions were

justice upon the commission for the indicting of the great person, one of the judges asked him whether Roper were dead? He saith, he for his part knew not; another of the judges answered, It should concern you, my lord, to know it. Whereupon he turned his speech to me, and said, No, Mr. Attorney, I will not wrestle now in my latter times. My lord, (said I,) you speak like a wise man. Well, (saith he,) they have had no luck with it that have had it. I said again, "Those days be past." Here you have the dia- | allowed. But in my opinion, (howsoever my logue to make you merry, but in sadness I was glad to perceive he meant not to contest. I can but honour and love you, and rest

Your assured friend and servant.

A LETTER TO THE KING, ADVISING HOW To
BREAK OFF WITH THE NEW COMPANY. FEB-
RUARY 3, 1615.

IT MAY PLEASE YOUR EXCELLENT MAJESTY,

Lord Coke, to magnify his science in law, draweth every thing, though sometimes unproperly and unseasonably, to that kind of question,) it is not convenient to break the business upon these points. For, considering they were but clauses that were in the former patents, and in many other patents of companies, and that the additions likewise passed the allowance of the table, it will be but clamoured, and perhaps conceived, that to quarrel them now is but an occasion taken, and that the times are changed rather than the matter. But that which preserveth entire your majesty's honour, and the constancy of your proceedings, is to put the breach upon their orders.

For this light I gave in my report, which the table readily apprehended and much approved; that if the table reject their orders as unlawful and unjust, it doth free you from their contract; for whosoever contracteth, or undertaketh any thing, is always understood to perform it by lawful means; so, as they have plainly abused the state if that which they have undertaken be either impossible or unjust.

I am bold to present this consideration to that excellent faculty of your majesty's judgment, because I think it importeth that future good which may grow to your majesty in the close of this business; that the falling off be without all exception. God have you in his precious custody.

I spake yesternight long with my Lord Coke; and for the "Rege Inconsulto," I conceive by him it will be "an ampliùs deliberandum censeo," (as I thought at first,) so as for the present your majesty shall not need to renew your commandment of stay. I spake with him also about some propositions concerning your majesty's casual revenue, wherein I found him to consent with me fully; assuming, nevertheless, that he had thought of them before; but it is one thing to have the vapour of a thought; another to digest business aright. He, on his part, imparted to me divers things of great weight concerning the reparation of your majesty's means and finances, which I heard gladly; insomuch as he perceiving the same, I think, was the readier to open himself to me in one circumstance, which he did much inculcate. I concur freely with him that they are to be held secret; for I never saw but that business is like a child which is framed invisibly in the womb, and if it come forth too soon it will be abortive. I know in most of them the prosecution must rest much upon myself. But I, that had the power to prevail in the farmer's case of the French wines, A LETTER TO THE KING TOUCHING THE LORD without the help of my Lord Coke, shall be better able to go through these with his help, the ground being no less just. And this I shall ever add of mine own, that I shall ever respect your majesty's honour no less than your profit; and shall also take care, according to my pensive manner, that that which is good for the present have not in it hidden seeds of future inconve

niences.

The matter of the New Company was referred to me by the lords of the privy council; wherein, after some private speech with Sir Lionel Cranfield, I made that report which I held most agree

Your majesty's most humble and
bounden subject and servant.

CHANCELLOR'S SICKNESS. FEBRUARY 9, 1615.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

I am glad to understand by Mr. Murray that your majesty accepteth well of my poor endeavours in opening unto you the passages of your service; that business may come the less crude, and the more prepared to your royal judgment, the perfection whereof, as I cannot expect they should satisfy in every particular, so I hope, through my assiduity, there will result a good total.

My lord chancellor's sickness falleth out "dure tempore." I have always known him a wise

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