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mistrusted, they would not deliver any opinionsion 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 20,0001. 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 1 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 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.
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 thera 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 might 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. - 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. V01. II!.-6
A LETTER REPORTING THE STATE OF MY LORD
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 OTHERS, 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 exituma 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 dilii. quality 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 i 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 regem relinquerent, et guerram, et insurrectionem, declining; nay, that it touched upon a violation contra eum, 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 1 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.:
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 fart or plot. I have not been unprofitable in helping to dis
The second, by disabling his title; as by af- cover and examine within these few days a late firming that he is not lawful king; or that another patent, by surreption obtained from your majesty, ought to be king; or that he is a usurper, or a of the greatest forest in England, worth 30,0001., bastard, or the like.
under colour of a defective title, for a matter of The third, by subjecting his title to the pope; 100%. The person must be named, because the and thereby making him of an absolute king a patent must be questionel. It is a great person, conditional king.
my Lord of Shrewsbury; or rather (as I think) The fourth, by disabling his regiment, and a greater than he, which is my Lady of Shrewsmaking him appear to be incapable, or indign to bury. But I humbly pray your majesty, to know reign.
this first from my lord treasurer; who, meThese things I relate to your majesty, in sum, thinks, groweth even studious in your business. as is fit; which when I opened to my lord I did God preserve your majesty. Your majesty's insist a little more upon, with more efficacy and most humble and devoted subject and servant. edge, and authority of law and record than I can The rather in regard of Mr. Murray's absence, now express.
I humbly pray your majesty to have a little Then I placed Peacham's treason within the regard to this letter. 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 ; and that it was in vain to fortify on three of the A LETTER TO THE KING TOUCIJING MY LORD sides, and so leave you open on the fourth.
CHANCELLOR'S AMENDMENT, AND TIIE PUT
TING OFF 1. 8. HIS CAUSE. FEBRUARY 7, 1614. It is true he heard me in a grave fashion, more than accustomed, and took a pen and took notes IT MAY PLEASE YOU!. EXCELLENT Majesty: of my divisions; and when he read the prece My lord chancellor sent for me, to speak dents and records, would say, this you mean with me, this morning, about eight of the clock. falleth within your first or your second division. I perceive he hath now that signum sanitatis, as In the end, 1 expressly demanded his opinion, as to feel better liis former weakness. For it is true, that whereto both he and I was enjoined. But I did a little mistrust that it was but a boutade of he desired me to leave the precedents with him, desire and good spirit, when he promised himself that he inight advise upon them. I told hiin, the strength for Friday, though I was won and carrest of my fellows would despatch their part, and ried with it. But now I find him well inclined, I should be behind with mine; which, 1 per- to use (should I say) your liberty, or rather your suaded myself, your majesty would impute rather interdict, signified by Mr. Secretary from your to his backwardness than my negligence. He majesty. His lordship showed me also your said, as soon as I should understand that the rest own letter, whereof he had told me before, but were ready, he would not be long after with his had not showed it me. What shall I say? I do opinion.
much admire your goodness for writing such a For I. S., your majesty knoweth the day draw- letter at such a time. eth on; and my lord chancellor's recovery, the He had sent also to my lord treasurer, to deseason and his age promising not to be too hasty. sire him to come to him about that time. His I spake with him on Sunday, at what time I lordship came; and, not to trouble your majesty found him in bed, but his spirits strong, and not with circumstances, both their lordships conspent or wearied; and spake wholly of your busi- cluded, myself present, and concurring, that it ness leading me from one matter to another. could be no prejudice to your majesty's service And wished, and seemed to hope, that he might to put off the day for I. S. till the next term. attend the day for I. S., and it were (as he said) The rather because there are seven of your privy to be his last work, to conclude his services and council, which are at least numerous, and part express his affection towards your majesty. I of the court which are by infirmity like to be abpresumed to say to him, that I knew your majesty sent; that is, my lord chancellor, my lord ad. would be exceeding desirous of his being present miral, my Lord of Shrewsbury, my Lord of that day, so as that it might be without prejudice Exeter, my Lord Zouch, my Lord Stanhope, and to his continuance; but that otherwise your ma- Mr. Chancellor of the Duchy: wherefore they jesty esteemed a servant more than a service; agreed to hold a council to-morrow in the after. especially such a servant. Surely, in mine opi- noon for that purpose. nion, your majesty were better put off the day than It is true, that I was always of opinion, that it want his presence, considering the cause of thel was no time lost; and I do think so the rather,
because I could be content that the matter of that it is needless; I commended my lord's dili. Peacham were first settled and put to a point. gence, but withal put it by; and fell upon the For there be, perchance, that would make the ex- other course, (which is the true way;) that is, that ample upon I. S. to stand for all. For Peacham, whosoever shall affirm, in diem, or sub-condi. I expect some account from my fellows this day. tione, that your majesty may be destroyed, is a If it should fall out otherwise, then I hope it may traitor de præsenti; for that he maketh you but not be lest sc. Your majesty, in your last letter, tenant for life at the will of another. And I put very wisely, put in a disjunctive that the judges the Duke of Buckingham's case, who said, that should deliver an opinion privately, either to my if the king caused him to be arrested of treason, lord chancellor or to ourselves, distributed; his he would stab him; and the case of the impossickness, made the latter way to be taken: but tress, Elizabeth Barton, that said, that if king the other may be reserved, with some accommo- Henry the Eighth took not his wife again, Kathadating, when we see the success of the former. rine Dowager, he should be no longer king; and
I am appointed, this day, to attend my lord the like. treasurer for a proposition of raising profit and It may be these particulars are not worth the revenue, by enfranchising copy-holders. I am relating. But, because I find nothing in the right glad to see the patrimonial part of your world, so important to your service as to have revenue well looked into, as well as the fiscal. you thoroughly informed, (the ability of your direcAnd I hope it will so be, in other parts as well tion considered,) it maketh me thus to do; most as this. God preserve your majesty.
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.
were ready, and I was now to require his lordIT MAY PLEASE YOUR EXCELLENT Majesty,
ship's opinion, according to my commission. He Myself, with the rest of your counsel learned, said, I should have it; and repeated that, twice conferred with my Lord Coke and the rest of or thrice, as thinking he had gone too far, in that the judges of the King's Bench only, being inet kind of negative (to deliver any opinion apart) at my lord's chamber, concerning the business before; and said he would tell it me within a of Owen. For although it be true that your ma short time, though he were not at that instant jesty in your letter did mention, that the same ready. I have tossed this business, in omnes course might be held in the taking of opinions partes, whereof I will give your majesty knowapart, in this which was prescribed and used in ledge, when time serveth. God preserve your Peacham's cause; yet both my lords of the coun
majesty. cil and we, amongst ourselves, holding it, in a Your majesty's most humble and devoted case so clear, not needful; but rather that it
subject and servant. 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.
A LETTER TO THE KING, REPORTING THE DAY The judges desired us to leave the examina OF HEARING OF I. S. DIS CAUSE, IN THE STAR tions and papers with them, for some little time,
CHAMBER, 29 APRIL, 1615. to consider (which is a thing they use;) but I IT MAY PLEASE YOUR Excellent MAJESTY, conceive there will be no manner of question made I. S.'s day is past, and well past. I hold it to of it. My lord chief justice, to show forward- be Janus bifrons; it hath a good aspect to that ness, (as I interpret it,) showed us passages of which is past, and to the future; and doth both Suarez and others, thereby to prove, that though satisfy and prepare. All did well: My lord your majesty stood not excommunicated by par- chief justice delivered the law for the benevoticular sentence, yet by the general bulls of Cæna lence, strongly; I would he had done it timely Domini, and others, you were upon the matter Mr. Chancellor of the Exchequer spake finely, excommuni ated; and therefore that the treason somewhat after the manner of the late lord privy was, as De præsenti. But I that foresee, that if seal: not all out so sharply, but as elegantly. that course snould be held, when it cometh to a Sir Thomas Lake (who is also new in that court) public day, to disseminate to the vulgar an opi- did very well, familiarly and counsellor-like. My nion that your majesty's case is all one as if you Lord of Pembroke (who is likewise a stranger were de facto particularly and expressly excommu- there) did extraordinary well, and became himnicated, it would but increase the danger of your self well, and had an evident applause. I meant person with those that are desperate Papists; and well also; and because my information was the
round, 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 Your majesty's most humble subject, lucrative to them, in the mean time. Nay, I say and devoted servant.
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 condi
tion merchants, though never so honest, have A LETTER TO THE KING, CONCERNING THE NEW gotten into their hands the trades of whites, and COMPANY. AUGUST 12, 1615.
the dispensation of teyntour, wherein they shall IT MAY PLEASE YOUR MOST EXCELLENT Majesty, reap profit for that which they never sowed ; but
Your majesty shall shortly receive the bill, for have gotten themselves certainties, in respect of the incorporation of the New Company; logether the state's hopes; they are like enough to sleep with a bill, for the privy seal, being a dependency upon this, as upon a pillow, and to make no haste thereof. For this morning I subscribed and to go on with the rest. And though it may be said docketed them both. I think it, therefore, now that that is a thing will easily appear to the state, time, to represent to your majesty's high wisdom yet (no doubt) means may be devised and found that which I conceive, and have had long in mind, to draw the business in length. So that I conconcerning your majesty's service and honourable clude that if your majesty take a profit of them, profit in this business.
in the interim, (considering you refuse profit from This project, which hath proceeded from a the Old Company,) it will be both spur and bridle worthy service of the lord treasurer, I have to them to make them pace aright to your mafrom the beginning constantly affected; as may jesty's end. well appear by my sundry labours from time to This, in all humbleness, according to my avowtime in the same. For I hold it a worthy charactered care and fidelity, being no man's man but of your majesty's reign and times; insomuch, as your majesty's, I present, leave, and submit to though your majesty might have at this time (as your majesty's better judgment; and I could is spoken) a great annual benefit for the quirting wish your majesty would speak with Sir 'Thomas of it, yet, I shall never be the man that should Lake in who, besides his good habit which wish your majesty to deprive yourself of that he hath in business, beareth (methinks) an indifbeatitude; “Beatius est dare, quàm accipere,” ferent hand in this particular; and (if it please in this cause; but to sacrifice your profit (though, your majesty) it may proceed as from yourself, as your majesty's state is, it be precious to you) and not as a motion or observation of mine. to so great a good of your kingdom: although Your majesty need not in this to be straitened this project is not without a profit, immediate unto in time, as if this must he demanded or treated, you, by the increasing of customs upon the mate- before you sign their bill; for I, foreseeing this,
and foreseeing that many things might fall out But here is the case. The New Company, by which I could not foresee, have handled it so, ag this patent and privy seal, are to have two things with their good contentment there is a power of wholly diverse from the first intention; or rather, revocation inserted into their patent. And so, ex diametro, opposite unto the same; which, commending your majesty to God's blessed and nevertheless, the most of necessity have, or else precious custody, I rest the work is overthrown. So as I may call them, Your majesty's most humble and devoted mala necessaria, but yet withal temporary. For
subject and servant. 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.
A LETTER TO SIR GEORGE VILLIERS, TOUCHING This is therefore that I say; your majesty upon
ROPER'S PLACE. JANUARY 22, 1615. these two points may justly, and with honour, Sir, and with preservation of your first intention in Sending to the king upon occasion, I would violate, demand profit in the interim, as long as not fail to salute you by my letter; which, that these unnatural points continue, and then to cease. it may be more than two lines, I add this for For your majesty may be pleased to observe they news; that as I was sitting by my lord chief
rials of days.