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There follows in the hand-writing of secretary Winwood,

Upon these Interrogatories, Peacham this day was examined before torture, in torture, between torture, and alter torture; notwithstanding, nothing could be drawn from him, he still persisting in his obstinate and insensible denials, and former answers. Raphe Winwood, Jul. Cæsar, Fr. Bacon, H. Mountague, Gervase Helwysse, Ran. Crewe, Henry Yelverton, Fr. Cottington. Jan. the 19th 1614." [O. S.] To the King, concerning Peacham's Cause. It may please your excellent majesty; It grieveth me exceedingly that your majesty should be so much troubled with this matter of Peacham, whose raging devil see.neth 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, FR. BACON. Jan. 21, 1614. [O. S.]

To the King, touching Peacham's Cause. It may please your excellent 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 a 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 subscibe to it; only I will say for myself, that I was not at this time the principal examiner.

For the course your majesty directeth and commandeth for the feeling of the judges of the King's Bench, their several opinions, by distributing ourselves and enjoining secrecy; we did first had an encounter in the opinion of any lord Coke, who seemed to afizm, that such particular and, as he called it, auricular taking of opinions was not according to the custom of this reaka; 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 conter with himself; and Mr. serjeant Montague was named to speak with justice Crook; 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 lo.d 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 apart, but speak resolutely to them, and only make their coming to be, to know what time they would appoint to be attended with the papers. This sorted not amiss; for Mr. Solicitor came to me this evening, and related to me that be had found judge Dodderidge very ready to give opinion in secret; and fell upon the same renson which upon your majesty's first letter I had used to my lord Coke at the council-table; which was, that every judge was bound expressly by his oath, to give your majesty counsel when he was called; and whether he should do it jointly or severally, that rested in your majesty's good pleasure, as you would require And though the ordinary course was to assemble them, yet there might intervene cases, wherein the other course was more convenient. The like answer made justice Crook. Justice Houghton, who is a soft man, seemed desirous first to confer; alledging that the other three judges had all served the crown before they were judges, but that he had not been much acquainted with business of this nature.

it.

We purpose therefore forthwith, they shall be made acquainted with the papers; and 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. Your majesty's most humble and devoted subject and servant, FR. BACON. Jan. 27, 1614. [O. S.]

To the King, touching Peacham's Business, &c.

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. For Peachain'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 of the particular case of Peacham's treasons, for I never gave it other word to him, the other, to receive his opinion

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ing 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 3rd, 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 treasous follow in this manner, namely, et quod • ad perimplendum nefandum propositum suum, composuit et conscripsit quendam detestabi'lem et venenosum libellum, sive scriptum, in

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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,quo, inter alia proditoria, continetur, &c.' a reasonable and fanailiar matter, for a king to And then the principal 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 verba; 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 judgment, for reason or 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 outh, which was to counsel the king, I represented 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 platform 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 him 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 cases were not alike, because this fact or plot. The second, by disabling his concerned life. 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 than 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 tanquam exitum quæ- 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 to 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 his 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 more 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 bench, 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; whereunto 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 astify on three of the sides, and so leave you if they would give an opinion, as was required; open on the fourth. 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 meet ing is yet of more importance; for then, con

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 were 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 dispatch their part, and I should be behind

with mine; which I persuaded myself your ma jesty 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. Your majesty's most humble and devoted subject and servant, FR. BACON. Jan. 31, 1614. [O. S.] "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, after the rest were gone, and told him all the rest 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 very short time, though he were not 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, FR. BACON. Feb. 11, 1614. [O. S.] To the KING, about a Certificate of lord chief

justice Coke.

It may please your excellent majesty ; I send your majesty inclosed my lord Coke's answers; I will not call them rescripts, much less oracles. They are of his own hand, and offered to me as they are in writing; though I am glad of it for mine own discharge. I thought it my duty, as soon as I received them, instantly to send them to your majesty; and forbear, for the present, to speak farther of them. I, for my part, though this Muscovia weather be a little too hard for my constitution, was ready to have waited upon your majesty this day, all respects set aside; but my lord treasurer, in respect of the season and much other business, was willing to save me. I will only conclude touching these papers with a text, divided I cannot say, Oportet isthæc fieri;' but I may say,Finis autem nondum.' God preserve your majesty. Your majesty's most humble and devoted subject and servant, FR. BACON. 14 Feb. 1614. [O. S.]

Sir FRANCIS BACON, to King JAMES. 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 in his tale touching sir John Sydenham.

Peacham standeth off in two material points

de novo.

The one, he will not yet discover into whose hands he did put his papers touching the consistory villainies. They were not found with the other bundles upon the search; neither did he ever say that he had burned or defaced them. Therefore it is like they are in some persons hands; and it is like again, that that

person that he hath 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.

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 farther 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 counsel is kept, and that it is true there is some bruit abroad, that the judges of the King's Bench do doubɩ of the case, that it should not be treason; that it be given out constantly, and yet as it were a 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 least qualifies 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. God preserve your majesty. Your majesty's most humble and devoted subject and servant, FR. BACON. Feb. 28, 1614. [O. S.]

Sir FRANCIS BACON to King JAMES.

May it please your 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 denicth his hand and all. No doubt, being fully of belief that he shall 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 your wisdom, perceiveth, that this denial of his hand, being not possible to be counterfeited, and sworn to 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 impudence and falsehood, and will make him more odious. He never deceived me; for when others had hopes of discovery, and thought time well spent that way, I told your majesty, pereuntibus mille figuræ,' and that he did but now 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 Sydenham shall be detained upon this man's impeaching, in whom there is no truth. Notwithstanding that further inquiry be made of this other person, and that information and light be taken from Mr. Paulet and his servants, I hold it, as things are, necessary. God preserve your majesty. Your majesty's most humble and devoted, &c. FR. BACON. March 12, 1614. [O.S.] The EXAMINATION of Edmund Peacham at

the Tower, March 10, 1614. 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 he lodged, he knoweth not.

of Edward the Third, that he compassed and imagined the king's death; the indictment then is according to the law, and justly founded. But how is it verified? First, then, I gather this conclusion, that since the indictment is made according to the prescription of law, the process is formal, the law is fulfilled, and the judge and jury are only to hearken to the verification of the hypothesis, and whether the minor be well proved or not.

That his writing of this libel is an overt act, the judges themselves do confess; that it was made fit for publication, the form of it bewrays the self; that he kept not these papers in a seCret and safe façon, (manner) but in an open house and lidless cask, both himself and the messenger do confess; nay, himself confesseth, that he wrote them at the desire of another man, to whom he should have shown them when they had been perfected, and who craved an account for them, which though it be denied by the other party, worketh sufficiently against the deponer himself. Nay, he confesses, that in the end he meant to preach it; and though, for diminishing of his fault, he alledges, that he meant first to have taken all the bitterness out of it, that excuse is altogether absurd, for there is no other stuff in, or through it all but bitter

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 pas-ness, which being taken out, it must be a quintsages which are both in bis loose and contexted papers? he saith this Peacham, of his nane, 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, 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 hand-writing or inditing; but whatsoever is in his former examinations, as well before his majesty's learned council, 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 exanination. Examinat' per FR. BACON, GER. HELWYSSE, RAN. CREWE, H. YELVERTON. The true State of the Question, whether Peach

am's Case be Treason or not. In the hand-writing of king James. The Indictment is grounded upon the statute

essence of an alchimy spirit without a body, or popish accidents without a substance; and then to what end would he have published such a ghost, or shadow without substance, cui bono; and to what end did he so farce (stuff) it first. with venom, only to scrape it out again; but it had been hard making that sermon to have tasted well, that was once so spiced, quo semel est imbuta recens, &c. But yet this very excuse is by himself overthrown again, confessing, that he meant to retain soine of the most crafty malicious parts in it, as, &c. [So the manuscript.]

ther it may be verified and proved, that, by the The only question that remains then is, whepublishing of this sermon or rather libel of his he compassed or imagined the king's death: which I prove he did by this reason; had he compiled a sermon upon any other ground, or stuffed the bulk of it with any other matter, and only powdered it here and there, with some passages of reprehension of the king; or had he never so bitterly railed against the king and upbraided him of any two or three, though monstrous vices, it might yet have been some way excusable; or yet had he spued forth all the venom that is in this libel of his, in a railing speech, either in drunkenness, or upon the occasion of any sudden passion or discontentment, it might likewise have been excused in some sort; but upon the one part, to heap up all the injuries that the hearts of men, or malice of the devil, can invent against the king, to disable tian, not to be a man, or a reasonable creature, him utterly, not to be a king, not to be a Chrisnot worthy of breath here, nor salvation hereafter; and, upon the other part, not to do this hastily or rashly, but after long premeditation,

first having made collections in scattered pa- | mous delinquent, without expressing what other pers, and then reduced it to a method, in a for-end he could probably have, than all the proinal treatise, a text chosen for the purpose, a babilities, or rather infallible consequences upon prayer premitted, applying all his wits to bring the other part, caring more for the safety of out of that text what he could, in malam par- such a monster, then the preservation of a tem, against the king. crown, in all ages following, whereupon depend the lives of many millions; happy then are all desperate and seditious knaves, but the fortune of this crown is more than miserable. Quod Deus avertat.

This, I say, is a plain proof that he intended to compass or imagine, by this means, the king's destruction. For, will ye look upon the person or quality of the man, it was the far likeliest means he could use to bring his wicked intention to pass; his person an old, unable and Upon the subject of consulting the Judges in unwieldy man; his quality a minister, a preach- Crown Causes before hand, lord Coke, 3 Inst. er; and that in so remote a part of the coun- 29, 30, thus expresses himself on a case in the try, as he had no more means of access to the Year Book, 1 H. 7, 26. "Hussey, chief jusking's person than he had ability of body, or re-tice, besought king Henry the 7th, that he solution of spirit, to act such a desperate at- would not desire to know their opinions beforetempt with his own hands upon him; and there- band for Humfrey Stafford, for they thought fore, as every creature is ablest, in their own it should come before them in the kings bench element, either to defend themselves, or annoy judicially, id then they would do that which their adversaries, as birds in the air, fishes in of right ey ought: and the king accepted the water, and so forth, what so ready and na-of it. And therefore the judges ought not to tural means had he whereby to annoy the king deliver their opinions before-hand upon a case as by publishing such a seditious libel? and so, put, and proofs urged of one side in absence under the specious pretext of conscience, to in- of the party accused; especially in cases of flame the hearts of the people against him. high nature, and which deserve so fatal and Now, here is no illation nor inference made extreme punishment. For how can they be upon the statute, it stands in puris naturalibus, indifferent, who have delivered their opinions but only a just inference and probation of the before-hand without hearing of the party, when guilty intention of this party. So the only a small addition, or substraction may alter the thing the judges can doubt of, is of the delin- case: And how doth it stand with their oath, quent's intention; and then the question will who are sworn, that they should well and lawbe, whether if these reasons be stronger to en- fully serve our lord the king and his people in force the guiltiness of his intention, or his bare the office of a justice? and they should do denial to clear him, since nature teaches every equal law, and execution of right to all his subman to defend his life as long as he may; and jects, &c."-This passage is cited in Mr. Luwhether, in case there were a doubt heren, the ders's Chapter "On the Station and Character judges should not rather incline to that side of the Judges in the 16th and 17th centuries,” wherein all probability lies: but if judges will the whole of which is well worth perusal. needs trust better the bare negative of an infa

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100. The Case of JoHN OWEN, otherwise COLLINS, for Treason:

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B. R. Easter, 13 JAMES I. A. D. JOHN Owen otherwise Collins, of Godstowe in the county of Oxford, was indicted, for that he intending the death of the king, falsely and maliciously said these words of the king, "The king, being excommunicate by the pope, may be lawfully deposed, and killed by any whatsoever, which killing is not murder: and being demanded by H. White, how he durst utter such a bloody and fearful conclusion, answered, the matter is not so heinous as you suppose; for the king, being the less, is conchided by the pope, being the greater: and it is all one as a malefactor, being convicted by a temporal judge, is delivered to execution: so the king, being convicted by the pope, may be lawfully slaughtered by any whatsoever: for this is the execution of the

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* Vide 1 Hale's H. P. C. 116.

1615.* [1 Rolle's Rep. 185.]

supreme sentence of the pope, as the other is

the execution of the law." Upon this Indictment of Treason, the defendant pleads Not Guilty. Mount. [qu. Mountague?] king's Serjeant, opens the Indictment, and Bacon the king's Attorney then made a speech and produces the Evidence. And Note, that the Solicitor being there does not speak in the matter, and it seems that it is not his business* for

* The preaudience of pleaders in courts of justice is stated by Blackstone, Comm. b. 3, c. 3. in a note, Preaudience in the courts is reckoned of so much consequence, that it may not be amiss to subjoin a short table of the precedence which usually obtains among the practisers. 1. The king's premier serjeant, (so constituted by special patent.) 2. The king's antient serjeant, or the eldest among the king's

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