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your testimony and commendation. And though occasion give you the precedence of doing me this special good office; yet, I hope no long time will intercede, before I shall have some means to requite your favour and acquit your report. More particularly, having thought good to make oblation of my most humble service to his majesty by a few lines, I do desire your loving care and help by yourself, or such means as I refer to your discretion, to deliver and present the same to his 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 commend to yourself, and such your courtesies as occasion may require, this gentleman, Mr. Matthew, eldest son to my Lord Bishop of Durham, and my very good friend; assuring you that any courtesy, you shall use towards him, you shall use to a very worthy young gentleman, and one, I know, whose acquaintance you will much esteem. And so, I ever continue.



Though you went on the sudden, yet you could not go before you had spoken with yourself to the purpose, which I will now write. And, therefore, I know it shall be altogether needless, save that I meant 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 for me, if there be any biting or nibbling at it in that place; as by imprinting a good conceit and opinion of me, chiefly in the king, (of whose favour I make myself comfortable assurance ;) as otherwise in that court. And, not only so, but generally to perform to me all the good offices, which the vivacity of your wit can suggest to your mind, to be performed to one, with whose affection you have so great sympathy; and in whose fortune you have so great interest. So, desiring you to be good to concealed poets, I



I did write unto you yesterday, by Mr. Lake, (who was despatched hence from their lordships,) a letter of revivor, of those sparks of former acquaintance between us in my brother's time: and now upon the same confidence, finding so fit a messenger, I would not fail to salute you; hoping it will fall out so happily, as that you shall be one of the king's servants, which his majesty will first employ here with us: where I

hope to have some means not to be barren in friendship towards you. We all thirst after the king's coming, acenting all this but as the dawning of the day, before the rising of the sun, till we have his presence. And though now his majesty must be Janus Bifrons, to have a face to Scotland as well as to England, yet, “Quod nunc instat agendum:" The expectation is here, that he will come in state and not in strength. So, for this time I commend you to God's goodness.



IT MAY PLEASE Your Lordship,

I would have been very glad, to have presented my humble service to your lordship by my attendance, if I could have foreseen that it should not have been unpleasing unto you. And, therefore, because I would commit no error, I chose to 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 your lordship than this; that I may safely be now that which I was truly before. And so, craving no other pardon, than for troubling you with my letter, I do not now begin to be, but continue to be, Your lordship's humble and much devoted.



yet I

I would not have lost this journey, and have not that I went for. For I have had no private conference to purpose with the king. No more hath almost any other English: for the speech, his majesty admitteth with some noblemen, is rather matter of grace than matter of business; with the attorney he spake, urged by the Treasurer of Scotland, but no more than needs must. After I had received his majesty's first 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, I chose rather to deliver it to Sir Thomas Heskins than to cool it in mine own hands upon expectation of access. Your lordship shall find a prince the furthest from vainglory that may be; and rather, like a prince of the ancient form than of the latter time: his speech is swift and cursory, and in the full dialect of his country, and in speech of business short, in speech of discourse large: he affecteth popularity, by gracing such as he hath heard to be popular, and not by any 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

I find and conceive; but to any other I would think to make myself believed. But not to be tedious in that which may have the show of a compliment, I can but wish your lordship many happy years; many more than your father had; even so many more as we may need you more So I remain.

is rather because he is much abroad and in press than that he giveth easy audience. He hasteneth to a mixture of both kingdoms and occasions, faster perhaps than policy will well bear. I told your lordship once before, that (methought) his majesty rather asked counsel of the time past than of the time to come. But it is yet early to ground 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



I am glad to hear of you as I do; and for my part, you shall find me ready to take any occasion to further your credit and preferment: and I dare assure you (though I am no undertaker) to prepare your way with my Lord of Salisbury, for any good fortune which may befall you. You teach me to complain of business, whereby I write the more briefly; and yet I am so unjust, as that which I allege for mine own excuse, I cannot admit for yours. For I must by expecting, exact your letters with this fruit of your sufficiency, as to understand how things pass in that kingdom. And, therefore, having begun, I pray you continue. This is not merely curiosity, for I have ever (I know not by what instinct) wished well to that impolished part of this crown. And, so with my very loving commendations, I remain.


IT MAY PLEASE your good Lordship,

Having no gift to present you with, in any degree proportionable to my mind, I desire nevertheless to take the advantage of a ceremony to express myself to your lordship; it being the first time I could make the like acknowledgment when I stood out of the person of a suitor; wherefore I must humbly pray your lordship to think of me, that now it hath pleased you, by many effectual and great benefits, to add the assurance and comfort of your love and favour to that precedent disposition which was in me to admire your virtue and merit; I do esteem whatsoever I have or may have in this world but as trash in comparison of having the honour and happiness to be a near and well accepted kinsinan to so rare and worthy a counsellor, governor, and patriot. For having been a studious, if not a curious observer of antiquities of virtue, as of

is "anchora spei") touching the attorney's place. I hope Mr. Attorney shall do well. I thank God I wish no man's death, nor much mine own life, more than to do your majesty service. For I account my life the accident, and my duty the substance. But this I will be bold to say if it please God that ever I serve your majesty in the attorney's place, I have known an Attorney Cooke, and an Attorney Hobert; both worthy men, and far above myself; but if I should not find a middle way between their two dispositions and carriages, I should not satisfy my self. But these things are far or near, as it shall please God. Meanwhile, I most humbly pray your majesty to accept my sacrifice of thanksgiving for your gracious favour. God preserve your majesty.

ever remain.



I did little expect when I left your lordship last, that there would have been a proceeding against Mr. Barnard to his overthrow. Wherein I must confess myself to be in a sort accessary: because he relying upon me for counsel, I advised that course which he followed. Wherein now 1 begin to question myself, whether, in preserving my respects to your lordship and the rest, I have not failed in the duty of my profession towards my client; for certainly, if the words had been heinous and spoken in a malicious fashion, and in some public place and well proved, and not a prattle in a tavern, caught hold of by one, who (as I hear) is a detected sycophant, (Standish I mean,) yet I know not what could have beer. done more than to impose upon him a grievous fine; and to require the levying of the same; and to take away his means of life by his disfranchisement; and to commit him to a defanied prison during Christmas; in honour whereof the prisoners in other courts do commonly of grace

obtain some enlargement. This rigour of proceeding (to tell your lordship and the rest, as my good friends, my opinion plainly) tendeth not to strengthen authority, which is best supported by love and fear intermixed; but rather to make people discontented and servile; especially, when such punishment is inflicted for words, not by rule of law, but by a jurisdiction of discretion, which would evermore be moderately used. And I pray God, whereas, Mr. Recorder, when I was with you, did well and wisely put you in mind of the admonitions you often received from my lords that you should bridle unruly tongues; that those kind of speeches and rumours whereunto those admonitions do refer, which are concerning the state and honour thereof, do not pass too licentiously in the city unpunished; while these words which concern your particular are so straightly inquired into, and punished with such extremity. But these things, your own wisdom

should be so much troubled with this matter of Peacham's, whose raging devil seemeth to be turned into a dumb devil. But although we are driven to make our way through questions, (which I wish were otherwise,) yet I hope well the end will be good. But then every man must put to his helping hand; for else I must say to your majesty, in this and the like cases, as St. Paul said to the centurion, when some of the mariners had an eye to the cock-boat, "except these stay in the ship, ye cannot be safe." I find in my lords great and worthy care of the business. And, for my part, I hold my opinion and am strengthened in it, by some records that I have found. God preserve your majesty.

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

CAUSE, JANUARY 27, 1614.

(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 howsoever I do take it somewhat unkindly, that my mediation prevailed no more; yet I might preserve that further respect that I am willing to use unto such a state, in delivering my opinion unto you freely, before I would be of counsel, or move any thing that should cross your proceedings; which, notwithstanding, (in case my client can receive no relief at your hands,) I must and will do. Continuing, nevertheless, in other things, my wonted good affection to yourselves, and your occasions.



I would entreat the new year to answer for the old, in my humble thanks to your lordship; both for many your favours, and chiefly that, upon the occasion of Mr. Attorney's infirmity, I found your lordship even as I could wish. This doth increase a desire in me to express my thankful mind to your lordship; hoping that though I find age, and decays grow upon me, yet I may have a flash or two of spirit left to do you service. And I do protest before God, without compliment or any light vanity of mind, that if I knew in what course of life to do you best service, I would take it, and make my thoughts, which now fly to many pieces, to be reduced to that centre. But all this, is no more than I am, which is not much; but yet the entire of nim, that is, etc.



It grieveth me exceedingly, that your majesty

This day, in the afternoon, was read, your
majesty's letters of direction touching Peacham;
which, because it concerneth properly the duty
of my place, I thought it fit for me to give your
majesty both a speedy and private account
thereof; that your majesty, knowing things
clearly how they pass, may have the true fruit of
your own wisdom and clear-seeing judgment in
governing the business.

First, for the regularity which your majesty (as a master in business of estate) doth prudently prescribe 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.

commandeth, for the feeling of the judges of the For the course your majesty directeth and King's Bench, their several opinions by distri buting ourselves and enjoining secrecy, we did first find an encounter in the opinion of my Lord Coke; who seemed to affirm, that such particular and (as he called it) auricular taking of opinions, was not according to the custom of this realm; and seemed to divine that his brethren would never do it. But when I replied, that it was our duty to pursue your majesty's directions; and it were not amiss for his lordship to leave his brethren to their own answers, it was so concluded; and his lordship did desire, that I might confer with himself; and Mr. Serjeant Montague was named to speak with Justice Crooke; Mr. Serjeant Crew with Justice Houghton; and Mr. Solicitor with Justice Dodderidge. This done, I took my fellows aside, and advised that they should presently speak with the three judges, before I could speak with my Lord Coke for doubt of infusion; and that they should not in any case make any doubt to the judges, as if they

mistrusted, they would not deliver any opinion | sion without the premises, and by haste hindereth. 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 20,000l. 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 concourse 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 soft jects 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.


We purpose, therefore, forthwith, they shall be made acquainted with the papers; and that if that could be done, as suddenly as this was, I should make small doubt of their opinions; and howsoever, I hope, force of law and precedent, will 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 should have been no mention made thereof in the last advertisement: for I must say for myself, that I have lost no moment of time in it, as my Lord of Canterbury can bear me witness. For having received from my lord an additional of great importance; which was, that Owen of his own accord, after examination, should compare the case of your majesty (if you were excommunicated) to the case of a prisoner condemned at the bar; which additional was subscribed by one witness; but yet I perceived it was spoken aloud, and in the hearing of others, I presently sent down a copy thereof, which is now come up, attested with the hands of three more, lest there should have been any scruple of "singularis testis;" so as, for this case, I may say "omnia parata ;" and we expect but a direction from your majesty, for the acquainting the judges severally; or the four judges of the King's Bench, as your majesty shall think good.

Thus, inasmuch as I have made to your majesty somewhat a naked and particular account of business, I hope your majesty will use it accordingly. God preserve your majesty.

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



Because I know your majesty would be glad to hear how it is with my lord chancellor; and that it pleased him out of his ancient and great love to me, which many times in sickness appeareth most, to admit me to a great deal of speech with him this afternoon, which, during these three days, he hath scarcely done to any; I thought it might be pleasing to your majesty to certify you how I found him. I found him in bed, but his spirits fresh and good, speaking stoutly, and without being spent or weary, and both willing and beginning of himself to speak, but wholly of your majesty's business. Wherein I cannot forget to relate this particular, that he wished that his sentencing of the I. S. at the day appointed, might be his last work, to conclude his services, and express his affection towards your majesty. 1 told him I knew your majesty would be very desirous of his presence that day, so it might be without prejudice, but otherwise your majesty esteemed a servant more than a service, especially such a servant. Not to trouble your majesty, though good spirits in sickness be uncertain calendars, yet I have very good comfort of him, and I

I forget not, nor forslow not your majesty's commandment touching recusants; of which, when it is ripe, I will give your majesty a true account, and what 's possible to be done, and where the impediment is. Mr. Secretary bringeth bonum voluntatem," but he is not versed much in these things; and sometimes urgeth the conclu-hope by that day, etc. Vol. III.-6



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.


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.

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 I told him that he knew my errand, which stood upon two points; the one, to inform him the particular case of Peacham's treasons, (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.

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.

more precious than the life of a particular; as war and peace, and the like.

To conclude, his lordship," tanquam exitur 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 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 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.:

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