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Peacham, whose raging devil seemeth to be turned | bench, their several opinions, by distributing ourinto a dumb devil. But although we are driven to selves and enjoining secresy; we did first find an enmake our way through questions, which I wish were counter in the opinion of my lord Coke, who seemed otherwise, yet, I hope well, the end will be good. to affirm, that such particular and, as he called it, But then every man must put to his helping hand ; auricular taking of opinions was not according to for else I may say to your Majesty, in this and the the custom of this realm; and seemed to divine, that like cases, as St. Paul said to the centurion, when some his brethren would never do it. But when I reof the mariners had an eye to the cock-boat, “ Ex- plied, that it was our duty to pursue your Majesty's cept these stay in the ship ye cannot be safe.” Idirections, and it were not amiss for his lordship find in my lords great and worthy care of the busi- to leave his brethren to their own answers; it was ness : And for my part, I hold my opinion and am so concluded: and his lordship did desire that I strengthened in it by some records that I have found. might confer with himself; and Mr. Serjeant MonGod preserve your Majesty.

tague was named to speak with Justice Crook ; Your Majesty's most humble and devoted subject Mr. Serjeant Crew with Justice Houghton; and and servant,

Mr. Solicitor with Justice Dodderidge. This done,

FR. BACON. I took my fellows aside, and advised that they Jan. 21, 1614.

should presently speak with the three judges, before I could speak with my lord Coke, for doubt of in

fusion; and that they should not in any case make CXII. TO THE KING, TOUCHING PEACHAM'S any doubt to the judges, as if they mistrusted they CAUSE.*

would not deliver any opinion apart, but speak re

solutely to them, and only make their coming to be, IT MAY PLEASE YOUR EXCELLENT MAJESTY,

to know what time they would appoint to be attended This day in the afternoon was read your Ma- with the papers. This sorted not amiss ; for Mr. jesty's letters of direction touching Peacham ;t Solicitor came to me this evening, and related to me which because it concerneth properly the duty of that he had found judge Dodderidge very ready to my place, I thought it fit for me to give your Ma- give opinion in secret; and fell upon the same reason jesty both a speedy and a private account thereof; which upon your Majesty's first letter I had used to that your Majesty, knowing things clearly how they my lord Coke at the council-table : which was, that pass, may have the true fruit of your own wisdom every judge was bound expressly by his oath, to and clear-seeing judgment in governing the business. give your Majesty counsel when he was called ;

First, for the regularity which your Majesty, as and whether he should do it jointly or severally, a master in business of estate, doth prudently pre- that rested in your Majesty's good pleasure, as you scribe in examining and taking examinations, I sub. would require it. And though the ordinary course scribe to it; only I will say for myself, that I was was to assemble them, yet there might intervene not at this time the principal examiner.

cases, wherein the other course was more convenient. For the course your Majesty directeth and com- The like answer made justice Crook. Justice mandeth for the feeling of the judges of the king's Houghton, who is a soft man,ll seemed desirous first • Rawley's Resuscitatio.

bench; where he sat till the year 1611, when by reason of his Peacham was accused of having inserted several treason- great age and infirmities, the king at his own request gave able passages in a sermon; but in a sermon never preached, him a gracious discharge, as appears in the preface to one of Dor intended to be made public: it had been taken out of his his books, where a due character is given of his virtues by his sody. The king would have the judges give their opinion of son-in-law Sir Harbottle Grimston, late master of the rolls. this affair privately and apart; which my lord Coke refused But certainly nothing can raise in us a more lively idea of to do, as a thing of dangerous tendency. Peacham was found bis merit, than part of a letter written to the duke of Buckguilty of high treason; as was Algernon Sidney for the like ingham, by the bishop of Lincoln, lord keeper of the great chine, in Charles the second's time.

scal, which I copied from his own hand. Sir John Dodderidge was born in Devonshire, and successively admitted in Exeter college, Oxford, and the Middle

“Westminster coll. Feb. 11, 1624. Temple, London: where having acquired the reputation of being a very great common and civil lawyer, as well as a ge.

“ May it please your Grace, beral scholar," he was made serjeant at law 1 'Jacobi, then the

“I will not trouble your Grace with any long congratulation kog's solicitor, and after that the king's serjeant, till he was

for the honour your Grace hath gained, in the preferring of advanced to be one of the judges of the king's bench; where this most worthy man Sir George Crook to a judge his place. he sat many years. He died 13 Sept. 1628, in the 73rd year I know you must meet with the applause of this act from every of his age, and was succeeded by Sir George Crook, who tells man that cometh from hence. In good faith I never observed . Sir John Dodderidge was a man of great knowledge, as in all my small experience any accident in this kind, so genewell in the common law, as in other sciences, and divinity. rally and universally accompanied with the acclamation of all Stephens.

kind of people. Sir John Crook, eldest son of John Crook, of Chilton in “I am importuned, by the rest of the judges of the common Backinghamshire, inherited his father's virtues and fortunes ; pleas, to return their most humble and hearty thanks to the and was very famous for his wisdom, eloquence, and know- king's Majesty for his choice, and to assure his Majesty, that ledge in our laws: who being speaker in the house of commons though his Majesty hath been extraordinary fortunate," above is ibe last parliament of queen Elizabeth, had from her this all his predecessors, in the continual election of most worthy camendation at the end thereof; that he had proceeded judges: yet hath his Majesty never placed upon any bench a therein with such wisdom and discretion, that none before man of more integrity and sufficiency than this gentleman : kim had deserved better, After he had been recorder of Lon- for which act they do with tears in their eyes praise and bless drts, and serjeant at law, he was 5 Jacobi made one of the him.” Stephens. justices of the king's bench;

where he continued till his death, || This expression is to be understood in a favourable sense, 23 Jan 1619. He was brother to Sir George Crook, so well since Sir George Crook gives a more than ordinary character known to the professors of the common law by his three large of him. Mem. That in Hilary terin, 21 Jac. Sir Robert solumes of Reports: which Sir George was one of the judges Houghton died at Serjeant's-Inn in Chancery-lane, being a of the court of common pleas, in the latter end of the reign of most reverend, prudent, learned, and temperate judge, and king James, and in a few years after removed into the king's | inferior to none of his time. Stephens. VOL. 11.

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to confer; alleging that the other three judges had somewhat a naked and particular account of busiall served the crown before they were judges, but ness, I hope your Majesty will use it accordingly. that he had not been much acquainted with busi- God preserve your Majesty. ness of this nature.

Your Majesty's most humble and devoted subject We purpose therefore forth with, they shall be

and servant, made acquainted with the papers; and if that could

FR. BACON. be done as suddenly as this was, I should make Jan. 27, 1614. 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 CXIII. TO THE KING, REPORTING THE manner put him in doubt that he shall be left alone, STATE OF LORD CHANCELLOR ELLESwill not continue singular.

MERE'S HEALTH. For Owen, I know not the reason why there should have been no mention made thereof in the

IT MAY PLEASE YOUR EXCELLENT MAJESTY, last advertisement: for I must say for myself, that Because I know your Majesty would be glad to I have lost no moment of time in it, as my lord of hear how it is with my lord chancellor, and that it Canterbury can bear me witness. For having re- pleased him out of his ancient and great love to me, ceived from my lord an additional of great import which many times in sickness appeareth most, to ance; which was, that Owen of his own accord after admit me to a great deal of speech with him this examination should compare the case of your Ma- afternoon, which during these three days he had jesty, if you were excommunicate, to the case of a scarcely done to any, I thought it might be pleasing prisoner condemned at the bar ; which additional to your Majesty to certify you how I found him. I was subscribed by one witness ; but yet I perceived found him in bed, but his spirits fresh and good, it was spoken aloud, and in the hearing of others ; speaking stoutly, and without being spent or weary; I presently sent down a copy thereof, which is now and both willing and beginning of himself to speak, come up, attested with the hands of three more, lest but wholly of your Majesty's business; wherein I there should have been any scruple of singularis cannot forget to relate this particular; that he wished testis ; so as for this case I may say, omnia parata; that his sentencing of O. Sot at the day appointed, and we expect but a direction from your Majesty might be his last work, to conclude his services, and for the acquainting the judges severally; or the express his affection towards your Majesty. I told four judges of the king's bench, as your Majesty him, I knew your Majesty would be very desirous shall think good.

of his presence that day, so it might be without I forget not, nor forslow not, your Majesty's com- prejudice; but otherwise your Majesty esteemed a mandment touching recusants; of which, when it is servant more than a service, especially such a serripe, I will give your Majesty a true account, and yant. Not to trouble your Majesty, though good what is possible to be done, and where the impedi-spirits in sickness be uncertain kalendars, yet I ment is. Mr. Secretary bringeth bonam voluntatem, have very good comfort of him, and I hope by that but he is not versed in these things: and sometimes day,

&c. urgeth the conclusion without the premises, and by January 29, 1614. haste hindereth. It is my lord treasurer and the exchequer must help it, if it be holpen. I have heard more ways than one, of an offer of 20,0001. per annum, for farming the penalties of recusants, CXIV. TO THE KING, TOUCHING PEACHAM'S not including any offence capital or of premunire :

BUSINESS, &c. wherein I will presume to say, that my poor endeavours, since I was by your great and sole grace

IT MAY PLEASE YOUR EXCELLENT MAJESTY, your attorney, have been no small spurs to make I received this morning, by Mr. Murray, a mesthem feel your laws, and seek this redemption; sage from your Majesty, of some warrant and conwherein I must also say, my lord Coke hath done fidence that I should advertise your Majesty of your his part. And I do assure your Majesty, I know it business, wherein I had part: wherein I am first somewhat inwardly and groundedly, that by the humbly to thank your Majesty for your good acceptcourses we have taken they conform daily and in ation of my endeavours and service, which I am not great numbers; and I would to God it were as well able to furnish with any other quality, save faith a conversion as a conformity : but if it should die and diligence. by dispensation or dissimulation, then I fear that For Peacham's case, I have, since my last letter, whereas your Majesty hath now so many ill subjects been with my lord Coke twice ; once before Mr. poor and detected, you shall then have them rich Secretary's going down to your Majesty, and once and dissembled. And therefore I hold this offer since, which was yesterday : at the former of which very considerable of so great an increase of revenue: times I delivered him Peacham's papers; and at if it can pass the fiery trial of religion and honour, this latter the precedents, which I had with care which I wish all projects may pass.

gathered and selected : for these degrees and order Thus, inasmuch as I have made to your Majesty the business required. * Rawley's Resuscitatio.

† Mr. Oliver St. John. Rawley's Resuscitatio.

At the former I told him that he knew my errand, | lentis tanquam in sepi spinarum,” it catcheth upon which stood upon two points; the one to inform every thing. him of the particular case of Peacham's treasons, The latter meeting is yet of more importance ; for for I never give it other word to him, the other, to then, coming armed with divers precedents, I receive his opinion to myself, and in secret, accord thought to set in with the best strength I could, ing to my commission from your Majesty.

and said, that before I descended to the record, I At the former time he fell upon the same alle would break the case to him thus: That it was true gation which he had begun at the council-table ; we were to proceed upon the ancient statute of that judges were not to give opinion by fractions, king Edward the third, because other temporary but entirely according to the vote whereupon they statutes were gone ; and therefore it must be said should settle upon conference: and that this auricu- in the indictment, “ Imaginatus est et compassavit lar taking of opinions, single and apart, was new mortem et finalem destructionem domini regis :" and dangerous; and other words more vehement then must the particular treasons follow in this than I repeat.

manner, namely, “ Et quod ad perimplendum nefanI replied in civil and plain terms, that I wished dum propositum suum, composuit et conscripsit his lordship, in my love to him, to think better of quendam detestabilem et venenosum libellum, sive it; for that this, that his lordship was pleased to scriptum, in quo, inter alia proditoria, continetur, put into great words, seemed to me and my fellows, etc.” And then the principal passages of treason, when we spake of it amongst ourselves, a reason- taken forth of the papers, are to be entered in hæc able and familiar matter, for a king to consult with verba ; and with a conclusion in the end, “ Ad his judges, either assembled or selected, or one by intentionem quod ligeus populus et veri subditi one. And then to give him a little outlet to save domini regis cordialem suum amorem a domino rege his first opinion, wherewith he is most commonly retraherent, et ipsum dominum regem relinquerent, in love, I added, that judges sometimes might make et guerram et insurrectionem contra eum levarent et a suit to be spared for their opinion, till they had facerent, etc." I have in this form followed the spoken with their brethren ; but if the king, upon ancient style of the indictments for brevity sake, his own princely judgment, for reason of estate, though when we come to the business itself, we should think it fit to have it otherwise, and should so shall enlarge it according to the use of the later demand it, there was no declining : nay, that it times. This I represented to him, being a thing touched upon a violation of their oath, which was he is well acquainted with, that he might perceive to counsel the king, without distinction whether it the platform of that was intended, without any miswere jointly or severally. Thereupon, I put him taking or obscurity. But then I fell to the matter the case of the privy council, as if your Majesty itself, to lock him in as much as I could, namely, should be pleased to command any of them to de- That there be four means or manners, whereby liver their opinion apart and in private; whether it the death of the king is compassed and imagined. were a good answer to deny it, otherwise than if it The first by some particular fact or plot. were propounded at the table. To this he said, that The second, by disabling his title; as by affirmthe cases were not alike, because this concerned ing, that he is not lawful king; or that another life. To which I replied, that questions of estate ought to be king; or that he is an usurper, or a might concern thousands of lives, and many things bastard, or the like. more precious than the life of a particular; as war, The third, by subjecting his title to the pope ; and peace, and the like.

and thereby making him of an absolute king a conTo conclude, his lordship “ tanquam exitum quæ- ditional king. rens," desired me for the time to leave with him the The fourth, by disabling his regiment, and making papers, without pressing him to consent to deliver a him appear to be incapable or indign to reign. private opinion till he had perused them. I said I These things I relate to your Majesty in sum, as would; and the more willingly, because I thought is fit: which, when I opened to my lord, I did his lordship, upon due consideration of the papers, insist a little more upon, with more efficacy and would find the case to be so clear a case of treason, edge, and authority of law and record than I can as he would make no difficulty to deliver his opinion now express. in private ; and so I was persuaded of the rest of Then I placed Peacham's treason within the last the judges of the king's bench, who likewise, as I division, agreeable to divers precedents, whereof I partly understood, made no scruple to deliver their had the records ready; and concluded, that your on opinion in private ; whereunto he said, which Majesty's safety and life and authority was thus by I noted well, that his brethren were wise men, and law insconced and quartered ; and that it was in that they might make a show as if they would give vain to fortify on three of the sides, and so leave an opinion, as was required; but the end would be, you open on the fourth. that it would come to this: they would say, they It is true, he heard me in a grave fashion more doubted of it, and so pray advice with the rest. But than accustomed, and took a pen and took notes of to this I answered, that I was sorry to hear him my divisions; and when he read the precedents and say so much, lest, if it came so to pass, some that records, would say, This you mean, falleth within lored him not might make a construction, that that your first, or your second, division. In the end I which he had foretold, he had wrought. Thus your expressly demanded his opinion, as that whereto Majesty sees, that, as Solomon saith,

" Gressus no

both he and I were enjoined. But he desired me to leave the precedents with him, that he might | say to him, that I knew your Majesty would be exadvise upon them. I told him, the rest of my fel. ceeding desirous of his being present that day, so lows would despatch their part, and I should be as that it might be without prejudice to his continubehind with mine ; which I persuaded myself your ance ; but that otherwise your Majesty esteemed a Majesty would impute rather to his backwardness servant more than a service, especially such a serthan my negligence. He said, as soon as I should vant. Surely in mine opinion your Majesty were understand that the rest were ready, he would not better put off the day than want his presence, conbe long after with his opinion.

sidering the cause of the putting off is so notorious; For Mr. St. John, your Majesty knoweth, the and then the capital and the criminal may come day draweth on; and my lord chancellor's re- together the next term. covery, the season, and his age, promising not to I have not been unprofitable in helping to disbe too hasty. I spake with him on Sunday, at cover and examine, within these few days, a late what time I found him in bed, but his spirits strong, patent, by surreption obtained from your Majesty, and not spent or wearied, and spake wholly of your of the greatest forest in England, worth 30,0001. business, leading me from one matter to another ; under colour of a defective title, for a matter of and wished and seemed to hope, that he might at- 4001. The person must be named, because the tend the day for 0. S. and it were, as he said, to be patent mu be questioned. It is a great person, his last work, to conclude his services, and express my lord of Shrewsbury ; or rather, as I think, a his affection towards your Majesty. I presumed to greater than he, which is my lady of Shrewsbury..

That she was a woman of intrigue, and, as Camden says And accordingly hath heen the practice both of the wisest in his Annals of King James, “ rebus turbandis nata,” will ap- and stoutest princes to hold for matter pregnant of peril, to pear from her conduct relating to the king's and her kins- have any near them in blood to fly into foreign parts. Wherein woman the lady Arabella : for having been the great iustru- I will not wander; but take the example of king Henry the ment of her marriage with Sir William Seymour, afterwards serenth, a prince not unfit to be paralleled with his Majesty; earl and marquis of Hertford, and of procuring her escape I mean not the particular of Perkin Warbeck, for he was but from the Tower; she was convened before the privy council, an idol or a disguise; but the example I mean, is that of the for refusing to give any answer in a matter which so nearly earl of Suffolk, whom the king extorted from Philip of Austria. concerned the state: she was fined in the star-chamber, and The story is memorable, that Philip, after the death of Isathe charge which was then given against her, printed in the bella, coming to take possession of his kingdom of Castile, Cabala, p. 369, was, I doubt not, says Mr. Stephens, made by which was but matrimonial to his father-in-law Ferdinando of Sir Francis Bacon. But as if this was not a sufficient warning, Aragon, was cast by weather upon the coast of Weymouth, she afterwards reported that the lady Arabella left a child by where the Italian story saith, king Henry used him in all her husband; for which and her repeated obstinacy she incur- things else as a prince, but in one thing as a prisoner; for he red a greater censure in the same court. That charge, whether forced upon him a promise to restore the earl of Suffolk that Sir Francis Bacon's or not, is as follows:

was fled into Flanders: and yet this I note was in the 21st Your lordships do observe the nature of this charge: my year of his reign, when the king had a goodly prince at man's lady of Shrewsbury, a lady wise, and that ought to know what estate, besides his daughters, nay, and the whole line of daty requireth, is charged to have refused, and to have per- Clarence nearer in title; for that earl of Suffolk was descended sisted in refusal to answer, and to be examined in a high cause of a sister of Edward the fourth : so far off did that king take of state : being examined by the council-table, which is a repre- his aim. To this action of so deep consequence, it appeareth, sentative body of the king. The nature of the cause, upon you, my lady of Shrewsbury, were privy, not upon foreign which she was examined, is an essential point, which doth suspicions or strained inferences, but upon vehement preaggravate and increase this contempt and presumption; and sumptions, now clear and particular testimony, as bath been therefore of necessity with that we must begin.

opened to you; so as the king had not only reason to examine How graciously and parent-like his Majesty used the lady you upon it, but to have proceeded with you upon it as for a Arabella before she gave him cause of indignation, the world great contempt; which if it be reserved for the present, your knoweth.

ladyship is to understand it aright, that it is not defect of proof, My lady notwithstanding, extremely ill-advised, transacted but abundance of grace, that is the cause of this proceeding; the most weighty and binding part and action of her life, and your ladyship shall do well to see into what danger you which is her marriage, without acquainting his Majesty; have brought yourself. All offences consist of the fact which which had been a neglect even to a niean parent : but being is open, and the intent which is secret: this fact of conspiring to our sovereign, and she standing so near to his Majesty as in the flight of this lady may bear a hard and gentler conshe doth, and then choosing such a condition as it pleased her struction; if upon overmuch affection to your kinswoman, to choose, all parties laid together, how dangerous it was, my gentler; if upon practice or other end, harder: you must take lady might have read it in the fortune of that house wherewith heed how you enter into such actions; whereof if the hidden she is matched; for it was not unlike the case of Mr. Sey-part be drawn into that which is open, it may be your overmour's grandmother.

Throw; which I speak not by way of charge, but by way of The king nevertheless so remembered he was a king, as he caution. forgot not he was a kinsman, and placed her only “ sub libera For that which you are properly charged with, you must custodia.”

know that all subjects, without distinction of degrees, owe to But now did my lady accumulate and heap up this offence the king tribute and service, not only of their deed and hand, with a far greater than the former, by seeking to withdraw but of their knowledge and discovery. herself out of the king's power into foreign parts.

If there be any thing that imports the king's service, they That this flight or escape into foreign parts might have been ought themselves undemanded io impart it; much more if seed of trouble to this state, is a matter whereof the conceit of they be called and examined; whether it be of their own fact a vulgar person is not uncapable.

or of another's, they ought to make direct answer: neither was For although my lady should have put on a mind to continue there ever any subject brought in causes of estate to trial her loyalty, as nature and duty did bind her; yet when she judicial, but first he passed examination; for examination is was in another sphere, she must have moved in the motion of the entrance of justice in criminal causes; it is one of the eyes that orb, and not of the planet itself; and God forbid the king's of the king's politic body; there are but two, information and felicity should be so little, as he should not have envy and examination; it may not be endured that one of the lights be enviers enough in foreign parts.

put out by your example. It is true, if any foreigner had wrought upon this occasion, Your excuses are not worthy your own judgment; rash I do not doubt but the intent would have been, as the prophet vows of lawful things are to be kept, but unlawful vows not; saith, "they have conceived mischief, and brought forth a vain your own divines will tell you so. For your examples, they thing.” But yet your lordships know that it is wisdom in are some erroneous traditions. My lord of Pembroke spake princes, and it is a watch they owe to themselves and to their somewhat that he was unlettered, and it was but when he was people, to stop the beginnings of evils, and not to despise them. examined by one private counsellor, to whom he took exSeneca saith well, "Non jam amplius levia sunt pericula, si ception; that of my lord Lumley is a fiction; the pre-emi. levia videantur;” dangers cease to be light, because by de- nences of nobility I would hold with to the last grain; but spising they grow and gather strength.

every day's experience is to the contrary: nay, you may learn

But I humbly pray your Majesty to know this first a disjunctive, that the judges should deliver an from my lord treasurer, who methinks groweth even opinion privately, either to my lord chancellor, or to studious in your business. God preserve your ourselves distributed : his sickness made the latter Majesty.

way to be taken ; but the other may be reserved with Your Majesty's most humble and devoted

some accommodating, when we see the success of

the former. subject and servant,

FR. BACON.

I am appointed this day to attend my lord treaJan. 31, 1614.

surer for a proposition of raising profit and revenue

by enfranchising copy-holders. I am right glad to The rather, in regard to Mr. Murray's absence, I

see the patrimonial part of your revenue well looked humbly pray your Majesty to have a little regard to into, as well as the fiscal: and I hope it will so be this letter.

in other parts as well as this. God preserve your Majesty.

Your Majesty's most humble, and devoted

subject and servant, CXV. TO THE KING, TOUCHING MY LORD

FR. BACON. CHANCELLOR'S AMENDMENT, &c. *

Feb. 7, 1614. IT MAY PLEASE YOUR EXCELLENT MAJESTY, My lord chancellor sent for me to speak with me this morning, about eight of the clock. I perceive CXVI. TO THE KING, CONCERNING OWEN'S he hath now that signum sanitatis, as to feel better

CAUSE, &c. his former weakness : for it is true, I did a little mistrust that it was but a boutade of desire and good

IT MAY PLEASE YOUR EXCELLENT MAJESTY, spirit, when he promised himself strength for Fri- MYSELF, with the rest of your counsel learned, day, though I was won and carried with it. But conferred with my lord Coke, and the rest of the now I find him well inclined to use, should I say, judges of the king's bench only, being met at my your liberty, or rather your interdict, signified by lord's chamber, concerning the business of Owen. Mr. Secretary from your Majesty. His lordship For although it be true, that your Majesty in your showed me also your own letter, whereof he had letter did mention that the same course might be told me before, but had not showed it me. What held in the taking of opinions apart in this, which shall I say? I do much admire your goodness for was prescribed and used in Peacham's cause; yet writing such a letter at such a time.

both my lords of the council, and we amongst ourHe had sent also to my lord treasurer, to desire selves, holding it, in a case so clear, not needful ; him to come to him about that time. His lordship but rather that it would import a diffidence in us, came; and, not to trouble your Majesty with circum- and deprive us of the means to debate it with the stances, both their lordships concluded, myself judges, if cause were, more strongly, which is somepresent and concurring, That it could be no prejudice what, we thought best rather to use this form. to your Majesty's service to put off the day for Mr. The judges desired us to leave the examinations St. John † till the next term: the rather, because and papers with them for some little time, to conthere are seven of your privy council, which are sider, which is a thing they use, but I conceive, at least numerus and part of the court, which are by there will be no manner of question made of it. My infirmity like to be absent; that is, my lord chan-lord chief justice, to show forwardness, as I interpret cellor, my lord admiral, my lord of Shrewsbury, my it, showed us passages of Suarez and others, thereby lord of Exeter, my lord Zouch, my lord Stanhope, to prove, that though your Majesty stood not exand Mr. Chancellor of the duchy; wherefore they communicate by particular sentence, yet by the agreed to hold a council tomorrow in the afternoon general bulls of Cæna Domini, and others, you were for that purpose.

upon the matter excommunicate; and therefore, that It is true, that I was always of opinion that it was the treason was as de presenti. But I (that foresee no time lost; and I do think so the rather, because that if that course should be held, when it cometh I could be content, that the matter of Peacham to a public day, to disseminate to the vulgar an sere first settled and put to a point. For there be, opinion, that your Majesty's case is all one, as if you perchance, that would make the example upon Mr. were de facto particularly and expressly excommuniSt. John to stand for all. For Peacham, I expect cate, it would but increase the danger of your some account from my fellows this day; if it should person with those that are desperate papists, and fall out otherwise, then I hope it may not be left so. that it is needless) commended my lord's diligence, Your Majesty, in your last letter, very wisely put in but withal put it by; and fell upon the other course, duty of lady Arabella herself, a lady of the blood, of a higher champ, dated June 4, 1611, who had made their escape the rank than yourself

, who declining, and yet that but by request day before. Rymer, XVI. p. 710. Stephens. Deither, to declare of your fact, yieldeth ingenuously to be ex- * Rawley's Resuscitatio. aminer of her own. 'I do not doubt but by this time you see + In 1614, a benevolence was set on foot. Mr. Oliver St, bath your own error, and the king's grace in proceeding with John gave his opinion publicly, that it was against law, reason, you in this manner.

and religion; for which he was condemned in a fine of five Note: See the proclamation for apprehending the lady thousand pounds, and to be imprisoned during the king's Arabella, and William Seymour, second son of the lord Beau- | pleasure.

* Rawley's Resuscitatio.

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