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receive Answer from the Lords; wherein they acquainted this house : “ That though the comdoubt not but their lordships will deal nobly mons did not take common and public Fame with them, and they desire it may be speedily.” to be a sufficient ground or proof, by a legal
Sir Edward Hobby being asked by the lord and ordinary course of justice, in proceeding chancellor, Whether he bad in writing the against any m:in; yet they held it enough to Message só delivered, as afori said ? Answered, induce the lords of that bouse to take the He had not. The lords then returned Answer, matter into consideration. And albeit they “ That they had taken notice of the Message, did not set down the words, in particular ; yet and will take the same into further considera- was the matter, as they conceive, suficiently tion, as the weight thereof requireth: wherein laid down when in eflect they said, " That the they will have respect both io their bonours lord bishop of Lincoln, in this house to dissuade and the honour of the other house; and will the lords from a Conference with them touchsend them further Answer.” After this, a short | ing Impositions, termed the prerogative, &c. a Niemorandum is entered on the Journals, inti- | noli me tungere ; insinuating that the takniating, That before the Answer, above speci- ing of the Oath of Supremacy and Allegiance tied, was agreed on, the serjeant of the Lower did restrain a man froin treating of that busilouse came to the gentleman usher of the ness: also he doubted but in the Conterence Lords, to learn, Ilhether their lordships would would be used, or spoken, some undutiful and send Answer to the Message on that day, or seclitious words, not fit for their lordships to not? To which the gentleman usher, with the hear, or words to the like or worse efiect. privity of the Lords, answered, as from himself, That now the Commons do desire the Lords, That he knew not.
if these words were not spoken, so to signify May 30. The Lord Chancellor moved the it to the house ; otherwise, if they were used, house to consider and resolve of an Answer to then they hope their lordships will do as they be sent to the Message or Complaiot, which have promised. Lastly, from the Commons, they lately received from the other bouse, he said further, That they knew not what touching the bishop of Lincoln. And, by or other course they could have taken to bring der, the archbishop of Canterbury produced a this matter to examination, or otherwise hare copy of one ready drawn, for that purpose, any undutitul speech which may be inoved in which being read, was to this effect: “ That the either house, called in question.” Lords, having received from the Cominons a After sir Roger Owen had delivered his Complaint against the bishop of Lincoln, have Messaye, the lord chancellor asked bim, If he seriously entered into consideration of it, and had it in writing? To which he answered in the do now return this Answer, That their lord- negative. The lord chancellor then acquainted ships would take very tenderly that any une bim, That the house would take his message worthy aspersion should be laid on that body, into consideration, and send Answer, if they which they so much respect; and with whom could, before they rise : otherwise, will let they desire to hold all good correspondence then kuow as much. Accordingly, the same and
agreement. But forasmuch as the Com- day, the lords sent to acquaint the other house, plaint seemeth to be grounded, not upon di- " That they had considered of their last Mesrect or certain proof, but only upon common sage, and, in debating thereupon, the lord bishop public farne; their lordslrips do not think that of Lincoln had humbly intreated that he might Common Fame only is a sufficient ground, be heard to explain himself; which being whereon they may proceed as in this cause is granted unto him, he had made a solemn prorequired. Nevertheless, their lordships are so testation, on his salvation, that he did not respective of any thing that may concern that speak any thing with any evil intention to the House, that when they shall be more certainly House of Conmons, which he doth with all informed, in direct and express terms, what hearty duty and respect highly esteem. Exthe words were wherein the lord bishop of Lin. preesing, with many tears, his sorrow that his euln is to be charged, and how the same are to words were so misconceived and strained furbe proved, they will proceed therein so etiectu-ther than he ever intended them; and that his ally, according to honour and justice, as it speech should occasion so much trouble to shall thereby well appear low careful they are their lordships, or that the lower bouse should to give to that house all good satisfaction in take rifence at it. Which submissive and inthis business that may be, and to omit nothing senuons behaviour of liis, tad given this satisthat can be jostly or lawfully done in that be- taction to their lordships, that, howsoever the balf." This Answer was approved on by the words might sound, his intention was not as it whole house, and sent in writing to the Coin- hath been taken. And their lordships do asmous, by me: sengers of their own; with this in- sure the Commons, That if they had conceivstruction, That if they, of the Lower House, ed the said bishop's words to have been spoken should require to have the Paper, then the mes or nieant to have cast any aspersion of sedition, sengers were authorized to deliver the same, or undutitulness unto their house, as it seeins, which they did aceordingly:
report has carried it to them) their lordships May 31st.
Another Message from the would furthwith have proceeded to the censurcommons, brought by sir Roger Owen und ing and punishing thereof with all severity. others; who, having first repeated the sub- Nevertheless, though their lordships have Stance of their lordships Answer of yesterday, thought fit to sigmity their carefulness at this
time to give thein contentment, for the better retain all good correspondence with them ; yet expediting his inajesty's great business, and to their lordshijes are of opinion, That hereniter
no member of their house ought to be called On this transaction Hume's observations in question, when there is no other ground for are, “ So little fixed at this time were the rules it, but public and common fame."* of parliament, that the commons complained to the peers of a speech made in the upper commons, in their famous protestation 1691, house by the bishop of Lincoln; which it be fixed this rule with regard to the king, though longed only to that house to censure, and which at present they would not bind themselves by the other could not regularly be supposed to be it. But its liberty was yet new, those maxims acquainted with. These at least are the rules which guard and regulate ic were unknown and established since the parliament became a real unpractised."-Concerning the sutriciency of seat of power, and scene of business. Neither Common Fame as a ground for parliamentary, the king must take notice of what passes in proceedings, see the Debates in the House of either house, nor either house of what passes in Commons in 1620 concerning the duke of the other, till regularly informed of it. The Buckingham : 2 Cobb. Parl. Hist. 52 et seq.
99. The Case of EDMUND PEACHAM, for Treason : 19 JAMES 1.*
A.D. 1615. [Croke Car. 125. Bacon's Works.] The Report of this Case is so extremely | you to have preached them ? if by treatise, to scanıy, that it would not be inserted as a whom did you intend to dedicate, or exhibite, distinct article but for the important matters or deliver such treatise ? wbich arose out of the Case, and are here in 5. What was the reason, and to what end serted after the Report; which is merely this: did
first set down in scattered papers, and “ Edmund Peacham was indicted of Treason atier knit up, in form of a treat se or sermon, for divers treasonable passages in a Sermon such a mass of treasonable slanders against which was never preached, nor intended to be the king, his posterity, and the whole state? preached, but only set down in writings, and 6. What moved you to write, the king iniglit found in his study: he was tried and found be striken with death on the sudden, or within guilty, but not executed.-Note, That many eight days, as Ananias or Nabal; do you of the Judges were of opinion, that it was not know of any conspiracy or danger to his perTreason."
son, or have you heard of any such attempt? The following passages relating to this Case 7. You have confessed that these things were are extracted from Bircu's edition of Bacon's applied to the king; and that, atter the exWorks, and are all taken from lord Hailes's ample of preachers and chronicles, kings intirMemorials, &c. and Rawley's Resuscitatio: mities are to be laid open : this sheweth plainly
your use must be to publish them, shew to INTERROGATONIEs whereupon Peacham is to whom and in what manner. be examined.
8. What was the true time when you wrote the Questions in general.
said writings, or any part of them ? and what 1. Who procured you, moved you, or advised was the last time you looked upon them, or peyou, to put in writing these traiterous slanders rused them before they were found or taken? which you have set down against his majesty's 9. What moved you to inake doubt whether person and government, or any of them? the people will rise against the king for taxes
2. Who gave you any advertisement or in- and oppressions ? Do you know, or have you telligence touching those particulars which are heard, of any likelihood or purpose of any contained in your writings; as touching the tumults or coinmotion? sale of the crown lands, the deceit of the king's 10. What moved you to write, that getting officers, the greatness of the king's gifts, his of the crown-land again would cost blood, and keeping diviled courts, and the rest ; and who bring men to say, This is the heir, let us kill haihi conferred with you, or discoursed with him? Do you know, or have you heard of any you, concerning those points ?
conspiracy or danger to the prince, for douto 3. Whom have you made privy and ac- of calling back the crown land. quainted with the said writings, or any part of 11. What moved you to prove, that all the them ? and who hath been your helpers or king's officers ought to be put to the sword? confederates therein ?
Do you know, or have you heard if any peti4. What use mean you to make of the said tion is intended to be made against ihe king's writings ? was it by preaching them in sermon, council and officers, or any rising of people or by publishing them in treatise ? if in ser against thein ? mon, at what time, and in what place meant 12. What moved you to say
that our king, before his coming to the king. * See Foster's Crown Law, p. 199, 200, dom, promised mercy and judgment, but we and 1 Hawk, ch. 17, s. 32. Carthi. 405. 4 Bl. find neither? What promise do you mean ot, and Com. 80.
wherein hath the king broke the same promise?
There follows in the hand-writing of secre- , with justice lloughton; and Mr. Solicitor with tary Winwood,
justice Dodderidge. This done, I took my “ Upon ihese Interrogatories, Peachain this tellows aside, and advised that they should day was examined before torture, in torture, presently speak with the three judges, beture I between torture, and after torture ; notwith- could speak with my loid Coke, lor doubt of standing, nothing could be drawn from him, he infusion; and that they should not in any case still persisting in his obstinate and insensible make any doubt to the judges, as if they mis denials, and former answers. Raphe Winwoud, trusted they would not deliver any opinion apart, Jul. Caesar, Fr. Bacon, H. Mountague, Ger- but spe:k resolutely to them, and only make vase Helwysse, Ran. Crewe, Henry Yelverton, their coming to be, to know what time they Fr. Cottington. Jan, the 1911 1014." (0. S.] would appoint to be attended with the papers.
This sorted not amiss ; for Mr. Solicitor carne To the King, concerning Peacham's Cause.
to me this evening, and related to me that he It may please your excellent majesty : It had found judge Dodderidge very ready to give grieveih me exceedingly that your majesty opinion in secret; and iell upon the saine should be so much troubled with this matter of Peachum, whose raging devil see.veth to
reason which upon your majesiy's first letter I
had used to iny lord Cohe at the council-table; be turned into a dumb devil. But although we are driven to make our way throuzh questions, pressly by his oath, to give your insjesty coun
which was, that every judye was bound exwhich I wish were otherwise, yet, I hope well, sel when he was called; and whether he should the end will be good. But tien every man
do it jointly or severally, that rested in your must put to his helping hand; for else I must
majesty's good pleasure, as you would require say to your majesty, in this and the like cases, as sc. Paul said to the centurion, when some of assemble them, yet there might intervene cases,
it. And though the ordinary course was to the mariners had an eye to the cock-boat, • Ex: wherein the other course was more convenient. cept these stay in the ship ye cannot be safe.'
The like auswer made justice Crook. Justice I lind in my lords great and worthy care of the Houghton, who is a soft man, seemed desirous business: and for my part, I hold my opinion first to confer; alledging that the other three and am strengthened in it by some records that judges had all served the crown before they I have found. God preserve your majesty.
were judges, but that he had not been much Your majesty's most humble and devoted subject and servant, Fr. Bacon. Jan. 21, 1614. , acquainted with business of this nature. [O. S.]
We purpose therefore forth with, they shall
be made acquainted with the papers; and if To the King, touching Peacham's Cause. that could be done as suddenly as this was, I
It may please your excellent majesty; This should make small doubt of their opinions : day in the alternoon was read your majesty's and bowsoever, I hope, force of law and preceletters of direction touching Peacham ; which deut will bind then to tbe truth: neither am I because it concerneth properly the duty of my wholly out of hope, that my lord Coke himself, place, I thought it fit for me to give your ma- when I have in some dark manner put bim in jesty both a speedyand a private account thereot; doubt that he shall be left alone, will not continue That your majesty, knowing things clearly how singular. Your majesty's most humble and they pass, may have the true fruit of your own devoted subject and servant, Fr. Bacox. Jan. wisdom and clear-se'ting judgment in govern- | 27, 1014. [O. S.) ing the business.
First, for the regularity which your majesty, To the King, touching Peacham's Business, &c. as a masier in business of estate, doth pru It inay please your excellent majesty ; I redently prescribe in examining and taking exa ceived this morning, by Mr. Murray, a message zminations, I subscribe to it; only I will say for from your majesty, of some warrant and conanyself, that I was not at this time the principal idence that I should advertise your majesty of examiner,
your business, wherein I had pait: whereia I For the course your majesty directeth and un first humbly to thank your majesty for your commandeth for the feeling of the judges of good acceptation of my endeavours and serthe king's Bench, iher several opinions, by vice, which I am not able to furnish with any distributing ourselves and enjoining secrecy; other quality, save faith and diligence. For we did first find an encounter in the opinion of Peachain's case, I have, smce my last letter, iny bord Coke, who seemed to ati.m, that such been with my lord Coke twice; once before particular and, as he called it, auricular taking Nr. Secretary's going down to your prajesty, of opinions was not accordios to the cu-tom of and once since, wbich was yesterday at the this reaka; and seemed to divine, uut liis former of which times I delivered him Peachbrethren would never do it. But when I re ani's papers : and at this latter the precedents, plied, that it was our duty to pursue your ma which I had with care gathered and selected : jesty's directions, and it were not aniss for his for these degrees and order the business relordship to leave his brethreu to their own an- quired. At the former I told him that he knew swers; it was so concluded : and bis lordslip my errand, which stood upon two points; the did desire that I might conter with himself; one to inform him of the particular case of and Mr. serjeant Montague was named to Peachao's treasons, for I never gave it other speak with justice Crook ; Mr. serjeant Crew word to hiin, the other, to receive his opinion
to myself, and in secret, according to my com- | ing armed with divers precedents, I thought to inission from your majesty, At the former set in with the best strength I could, and said time he fell upon the sane allegation which he that before I Nescended to the record, I would had begun at the couucil-table; that judges break the case to him thus: that it was true we were not to give opinion by fractions, but en were to proceed upon the ancient statute of tirely according to the vote whereupon they king Edward the 3rd, because other temporary should settle upon conterence : aud ihat this statutes were gone; and therefore it must be auricular taking of opinions, single and apart, said in the indictment, Imaginatus est er was new and dangerous; and other words compassavit mortem et finalem destructionem more vehement than I repeat. I replied in domini regis:' then must the particular treacivil and plain terms, that I wished his lord sons follow in this manner, namely, 'et quod ship, in
lore to bin, to think better of it: * ad perimplendum nefandum propositum suum, for that this, that his lordship was pleased to composuit et conscripsit quendam detestabiput into great words, seemed to me and my lem et venenosum libellum, sive scriptum, in tellows, when we spake ot it amongst ourselves, quo, inter alia proditoria, continetur, &c.' a reasonable and fangiliar matter, for a king to And then the priacipal passages of treason, consult with his judges, either assembled or taken forth of the papers, are to be entered in selected, or one by one. And then to give hæc verbu; and with a conclusion in the end, him a little out-let to save his first opinion, “Ad intentionem quod ligeus populus et veri wherewith he is most commonly in love, I subditi domini regis cordialem suum amorem added, that judges sometimes might make a à domino rege retraherent, et ipsum dominum suit to be spared for their opinion, till they had regem relinquerent, et guerram et insurrectiospoken with their brethren; but if the king nem contra eum levarent et facerent, &c.' I. upon his own princely judyinent, for rcason of have in this form followed the ancient stile of estate, should think it fit to have it otherwise, the indictments for brevity sake, though when and should so demand it, there was no de we come to the business itself, we shall enlarge clining: nay, that it touched upon a violation it according to the use of the latter times. This of their oath, which was to counsel the king, I represen'ed to him, being a thing he is well without distinction whether it were jointly or acquainted with, that he might perceive the severally. Thereupon, I put him the case of plaiform of that was intended, without any the privy counsel, as if your majesty should be mistaking or obscurity. But then I fell to the pleased to command any of them to deliver matter itself, to lock himn in as much as I could, their opinion apart and in private ; whether it namely, That there be four means or manners, were a good answer to deny it, otherwise than whereby the death of the king is compassed if it were propounded at the table. To this he and imagined. The first by some particular said, that the cascs were not alike, because this fact or plot. The second, by disabling bis concerned lite. To which I replied, that ques- title; as by affirming, that he is not lawful tions of estate might concern thousands of lives, king; or that another ought to be king; or and many things more precious tban the life of that he is an usurper; or a bastard; or the a particular: as war and peace, and the like. like. The third, by subjecting his title to the To conclude, his lordship ianquum eritum qua- pope ; and thereby making him of an absolute rens, desired me for the time to leave with him king a conditional king. The fourth, by disthe papers, without pressing him 10 consent to abling his regiment, and making him appear to deliver a private opinion till he had perused be incapable or indign to reign. These things them. I said I would; and the more willingly, I relate to your majesty in sum, as is fit: because I thought bis lordship, upon due con- which, when I opened to my lord, I did insist sideration of the papers, would find the case to a little more upon, with inore efficacy and edge, be so clear a case of treason, as he would make and authority of law and record, than I can no difficulty to deliver his opinion in private ; now express. Then I placed Peacham's treaand so I was persuaded of the rest of the son within the last division, agreeable to divers judges of the king's bencb, who likewise, as I precedents, whereof I had the records ready; partly understood, made no scruple to deliver and concluded, that your majesty's safety and their own opinion in private; whereanto he life and authority was thus by law insconsed said, which I noted well, that his brethren were and quartered; and that it was in vain to forwise men, and that they might make a shew as tily on three of the sides, and so leave you if they would give an opinion, as was required; open on the fourth. but ive end would be that it would come to It is true, he heard me in a grave fashion this: they would say, they doubted of it, and more than accustomed, and took a pen and so pray advice with the rest. But to this I an- took notes of my divisions; and when he read swered, that I was sorry to hear him say so the precedents and records, would say, this you much, lest, if it came so to pass, some that mean falleth within your first, or your second, loved bim not might make a construction, that division. In the end I expressly demanded bis that which he had foretold, he had wrought. opinion, as that whereto both he and I were Thus your majesty sees, that as Solomon saith, enjoined. But he desired me to leave the pre
gressus nolentis tanquam in sepi spinarum,' it cedents with bim, that he might advise upon catcheth upon every thing. The latter meet them. I told him the rest of my fellows would ing is yet of more importance; for then, con- dispatch their part, and I should be behind
with mine; which I persuaded myself your ma- | person that he hath trusted with those papers, jesty would impute rather to his backwardness he likewise trusted with these orbers of the than my negligence. He said, as soon as I reasons, I mean with the sight of them. should understand that the rest were ready, he The other, that he taketh time to answer, would not be long after with his opinion. Your when he is asked, whether he heard not froin majesty's most humble and devoted subject and Mr. Paulet some such words, as he saith, be servant, Fr. Bacon. Jan. 31, 1614. (0. S.] heard froin sir - John Sydenham, or in sowe
" For Peacham, the rest of my fellows are lighter manner. ready to make their report to your majesty I hold it nit, that myself and my fellows, go at such time, and in such manner, as your ma to the Tower, and so I purpose to examine jesty shall require it. Myself yesterday took him upon these points, and some others; at. my lord Coke aside, after the rest were gone, the least, that the world may take notice that and told him all the rest were ready, aird I was the business is followed as heretofore, and that now to require his lordship's opinion, according the stay of the trial is upon farther discovery, to my commission. He said, I should have it; according to that we give out. and repeated that twice or thrice, as thinking I think also it were not amiss to make a he had gone too far in that kind of negative, to false tire, as if all things were ready for his deliver any opinion apart, before; and said, he going down to bis trial, and that he were upon would tell it me within a very short time, the very point of being carried down, to see though he were not that instant ready. I have what that will work with him. tossed this business in omnes parles, whereof I Lastly I do think it most necessary, and a will give your majesty knowledge when time point principally to be regarded, that because serveih. God preserve your majesty. Your we live in an age wherein no counsel is kert, majesty's most humble and devoted subject and and that it is true there is some bruit abroad, servant, Fr. Bacon. Feb. 11, 1614. [0. S.] that the judges of the King's Bench do doubt To the King, about a Certificate of lord chief it be given out constantly, and yet as it were
of the case, that it should not be treason; that justice Coke.
a secret, and so a fame to slide, that the doubt It may please your excellent majesty ; I
was only upon the publication, in that it was send your majesty inclosed my lord Coke's nerer published, for that (if your majesty markanswers; I will not call them rescripts, much eth it) raketh away, or least qualifies the danless oracles. They are of his own hand, and ger of the example; for that will be no man's offered to ine as they are in writing; though I am glad of it for mine own discharge. I thought This is all I can do to thridd your majesty's it my duty, as soon as I received them, instantly business with a continual and settled care, to send them to your majesty; and forbear, turning and returning, not with any thing in for the present, to speak farther of them. I, the world, save only the occasions theinselves, for my part, though this Muscovia weather be and your majesty's good pleasure. God presere a little too hard for my constitution, was ready your majesty. Your majesty's most bumble to have waited upon your majesty this day, all and devoted subject and servant, Fr. Bacon. respects set aside ; but my lord' treasurer, in Feb. 28, 1614. (O. S.] respect of the season and much other business, was willing to save me. I will only conclude
Sir FRANCIS Bacon to King James. touching these papers with a text, divided I May it please your majesty; I send your cannot say, 'Oportet isthæc fieri;' but I may majesty inclosed a copy of our last examination say, 'Finis autem nondum.' God preserve of Peacham, taken the 10th of this present, your majesty. Your majesty's most humble whereby your majesty may perceive, that this and devoted subject and servant, Fr. Bacon. miscreant wretch goeth back from all, and de14 Feb. 1014. [O. S.]
mieth his hand and all. No doubt, being fully Sir FRANCIS Bacon, to King JAMES.
of belief that he shall go presently down to his
trial, he meant now to repeat his part which he It may please your excellent majesty ; I purposed to play in the country, which was to perceive by ihe bishop of Bath and Wells, that deny all. But your majesty, in your wisdom, although it seemeth he hath dealt in an effec- perceiveth, that this denial of his hand, being tual manner with Peacham, yet he prevaileth not possible to be counterfeited, and sworn tu little hitherto ; for he bath gotten of him no by Adams, and so oft by hinıself formally connew names, neither doth Peacham alter in his fessed and admitted, could not mend his case tale touching sir John Sydenham.
before any jury in the world, but ratber aggraPeacham standeth off' in two material points vateth it by his notorious impudence and talsede novo.
hood, and will make him more odious. He The one, he will not yet discover into whose dever deceived me; for when others had bopes hands he did put his papers touching the con- of discovery, and thought time well spent that sistory villainies. They were not found with way, I told your majesty, “pereuntibus mille the other bundles upon the search ; neither figuræ,' and that he did but now turn himself did he ever say that he had burned or defaced into divers shapes, to save or delay his punishthem. Therefore it is like they are in some ment. And therefore submitting myself to persons hands; and it is like again, that that your majesty's high wisdom, I think myself