Imágenes de páginas
PDF
EPUB

he said was to be said in such a manner that he could not disavow it in Court, or it would be of no use; and if he could have pleaded fear of torture as his motive in saying it, it would not have been held admissible as evidence.

A LETTER TO THE KING FROM HIS ATTORNEY CONCERNING PEACHAM'S CASE. 28 Feb. 1614.1

It may please your excellent Majesty,

I perceive by the Bishop of Bath and Wells, that although it seemeth he hath dealt in an effectual manner with Peacham, yet he prevaileth little hitherto. For he hath gotten of him no new names, neither doth Peacham alter in2 his tale touching Sir John Sidnam.

Peacham standeth offs in two material points de novo. The one, he will not yet discover into whose hands he did put his papers touching the consistory villanies. They were not found with the other bundles upon the search; neither did he ever say that he had burned them or defaced them. Therefore it is like they are in some person's hands; and it is like again, that that person that he trusted with those papers, he likewise trusted with these others of the treasons, I mean with the sight of them.

The other, that he taketh time to answer, when he is asked whether he heard not from Mr. Paulet some such words as he saith he heard from Sir John Sydenham, or in some lighter manner.4

I hold it fit that myself and my fellows go to the Tower (and so I purpose) to examine him upon these points and some others; at the least, that the world may take notice that the business is followed as heretofore, and that the stay of the trial is upon further discovery, according to that we give out.

I think also it were not amiss to make a false fire, as if all things were ready for his going down to his trial, and that he were upon the very point of being carried down, to see what that will work with him.

Lastly, I do think it most necessary, and a point principally to be regarded, that because we live in an age wherein no coun

Sir David Dalrymple's 'Memorials and Letters,' p. 29. (D.) Add. MSS. 5503, f. 78 b. (A.)

2

om. D.

3

om. A.

4 So both A. and D.

sel is kept, and that it is true there is some bruit abroad that the Judges of the King's Bench do doubt of the case that it should not be treason; that it be given out constantly, and yet as it were in secret, and so a fame to slide, that the doubt was only upon the publication, in that it was never published. For that (if your Majesty marketh it) taketh away, or at1 least quali. fieth the danger of the example; for that will be no man's case.

This is all I can do to thridd your Majesty's business with a continual and settled care, turning and returning, not with any thing in the world, save only the occasions themselves, and your Majesty's good pleasure.

I had no time to report to your Majesty, at your being here, the business referred, touching Mr. John Murray. I find a shrewd ground of a title against your Majesty and the patentees to these lands, by the coheirs of Thomas Earl of Northumberland. For I see a fair deed, I find a reasonable consideration for the making the said deed, being for the advancement of his daughters (for that all the possessions of the earldom were2 entailed upon his brother): I find it was made four years before his rebellion; and I see some probable cause why it hath slept so long.

But Mr. Murray's petition speaketh only of the moiety of one of the coheirs, whereunto if your Majesty should give way, you mought be prejudiced in the other moiety. Therefore, if Mr. Murray can get power over the whole, then it may be safe for your Majesty to give way to the trial of the right, when the whole shall be submitted to you.

Mr. Murray is my dear friend; but I must cut even in these things, and so I know he would himself wish no other. God preserve your Majesty.

Febr. the 28th, 1614.

Your Majesty's most humble

and devoted subject and servant,

FR. BACON.

This letter was entrusted to the care of Murray, and enclosed with the note which follows, relating to the subject of the two last paragraphs, which was some petition for a grant of lands. But I know no particulars of it, more than may be gathered from the text.

[merged small][ocr errors][merged small][merged small][merged small][merged small]

TO MY VERY GOOD FRIEND, MR. JOHN MURRAY, OF HIS
MAJESTY'S BEDCHAMBER-THESE.1

Mr. Murray,

I pray deliver the enclosed to his Majesty; and have care of the letter afterwards. I have written also to his Majesty about your reference, to this purpose; that if you can get power over the whole title, it may be safe for his Majesty to assent that you may try the right upon the deed. This is the furdest I can can go. I ever rest

Your's assured,

FR. BACON.

28 Feb. 1614.

Whether Bacon and the learned counsel examined Peacham more than once, or whether the Bishop had not done with him, I cannot say. But there seems to have been a little delay from some cause or other and his final examination, which is the only other we know of, did not take place till the 10th of March. On that day he was examined at the Tower, in presence of the Lieutenant, by Bacon, Crew, and Yelverton; and, as Bacon seems to have anticipated, disavowed his former stories and told a new one; to what effect we learn from the next letter.

TO THE KING CONCERNING PEACHAM.2

May it please your excellent Majesty,

I send your Majesty inclosed a copy of our last examination of Peacham, taken the 10th of this present; whereby your Majesty may perceive, 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 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 formally confessed and admitted, could not mend his case before any jury in the world; but rather aggravateth it by his notorious impudency and falsehood, and will make him more odious. He never deceived me; for when others had hope of discovery,

1 Balfour MSS.

2 Gibson Papers, vol. viii. f. 17. Copy.

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 Sidnam shall be detained upon this man's impeaching, in whom there is no truth. Notwithstanding, that furder inquiry be made of this other Peacham, and that information and light be taken from Mr. Poulett and his servants, I hold it (as things are) necessary. God preserve your Majesty. Your Majesty's most humble

and devoted subject and servant,

xii of March 1614.

FR. BACON.

THE EXAMINATION OF EDMOND PEACHAM, AT THE TOWER, MARCH 10TH, 1614.1

Being asked when he was last at London, and where he lodged when he was there? he saith he was last at London after the end of the last parliament; but where lodged he knoweth

not.

Being asked with what gentlemen, or others in London, when he was here last, he had conference and speech withal? he saith he had speech only with Sir Maurice Berkeley, and that about the petitions only, which had been before sent up to him by the people of the country, touching the apparitors and the grievances offered the people by the court of the officials.

Being asked, touching one Peacham, of his name, what knowledge he had of him, and whether he was not the person that did put into his mind divers of those traiterous passages which are both in his loose and contexted papers? he saith this Peacham, of his name, was a divine, a scholar, and a traveller; and that he came to him some years past, the certainty of the time he cannot remember, and lay at this examinate's house a quarter of a year, and took so much upon him as he had scarce the command of his own house or study; but that he would be writing, sometimes in the church, sometimes in the steeple, sometimes in this examinate's study; and now saith farther, that those papers,

1 Sir David Dalrymple's 'Memorials and Letters,' p. 59.

as well loose as contexted, which he had formerly confessed to be of his own hand, might be of the writing of the said Peacham ; and saith confidently, that none of them are his own handwriting or inditing; but whatsoever is in his former examinations, as well before his Majesty's learned counsel, as before my Lord of Canterbury, and other the Lords, and others of his Majesty's privy council, was wholly out of fear, and to avoid torture, and not otherwise.

Being required to describe what manner of man the said Peacham that lay at his house was; he saith that he was tall of stature, and can make no other description of him, but saith, as he taketh it, he dwelleth sometimes at Honslow as a minister; for he hath seen his letters of orders and licence under the hand of Mr. D. Chatterton, sometime bishop of Lincoln. He denieth to set his hand to this examination.

Examinat' per FR. BACON,

GER. HELWYSSE,

RANULPHE CREWE, H. YELVERTON.

This is the last we hear of the case as far as Bacon was concerned with it. It was now, I imagine, too late to try it at the western assizes during the present circuit. It had to wait for the next. The result we learn from Chamberlain. Writing to Carleton on the 13th of July 1615, he says

"Peacham, the minister, that hath been this twelvemonth in the Tower, is sent down to be tried for treason in Somersetshire before the Lord Chief Baron and Sir Henry Montagu the Recorder. Sir Randal Crew and Sir Harry Yelverton, the King's Sergeant and Solicitor, are sent down to prosecute the trial. If the fellow have the grace to submit himself, I think he shall have no great harm, otherwise he must take his adventure."

And again on the 24th of August,

"Peacham the minister, after a year's imprisonment in the Tower, was arraigned the 7th of this month at the assizes in Somersetshire, before the Lord Chief Baron and Sir Henry Montagu. Sir Randal Crew and Sir Henry Yelverton were sent down to prosecute the business. Seven knights were taken from the Bench to be of the Jury. He defended himself very simply, but obstinately and doggedly enough; but his offence was so foul and scandalous that he was condemned of High Treason; yet not executed, nor perhaps shall be, if he have the grace to submit himself and show some remorse."

On the 31st of August another attempt was made to obtain from.

« AnteriorContinuar »