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which is the true way, that is, that whoever shall affirm, in diem, or sub conditione, that your Majesty
CXVIII. SIR FRANCIS BACON TO KING may be destroyed, is a traitor de presenti ; for that
JAMES.T he maketh you but tenant for life, at the will of another. And I put the duke of Buckingham's case,
IT MAY PLEASE YOUR EXCELLENT MAJESTY, who said, that if the king caused him to be arrested I PERCEIVE by the bishop of Bath and Wells, that of treason, he would stab him; and the case of the although it seemeth he hath dealt in an effectual impostress Elizabeth Barton, that said, that if king manner with Peacham, yet he prevaileth little Henry the eighth took not his wife again, Catherine hitherto; for he hath gotten of him no new names, dowager, he should be no longer king; and the like. neither doth Peacham alter in his tale touching
It may be these particulars are not worth the re- Sir John Sydenham. lating ; but because I find nothing in the world so Peacham standeth off in two material points de important to your service, as to have you thoroughly novo. informed, the ability of your direction considered, it The one, he will not yet discover into whose hands maketh me thus to do ; most humbly praying your he did put his papers touching the consistory vilMajesty to admonish me, if I be over troublesome. lanies. They were not found with the other bun
For Peacham, the rest of my fellows are ready to ales upon the search ; neither did he ever say that make their report to your Majesty at such time, he had burned or defaced them. Therefore it is and in such manner, as your Majesty shall require like they are in some person's hands; and it is like it. Myself yesterday took my lord Coke aside, after again, that that person that he hath trusted with the rest were gone, and told him all the rest were those papers, he likewise trusted with these others ready, and I was now to require his lordship's opinion, of the treasons, I mean with the sight of them. according to my commission. He said, I should The other, that he taketh time to answer, when have it; and repeated that twice or thrice, as think he is asked, whether he heard not from Mr. Paulet ing he had gone too far in that kind of negative, to some such words, as he saith he heard from Sir deliver any opinion apart, before ; and said, he John Sydenham, or in some lighter manner. would tell it me within a very short time, though he I hold it fit, that myself, and my fellows, go to were not that instant ready. I have tossed this the Tower, and so I purpose to examine him upon business in omnes partes, whereof I will give your these points, and some others ; at the least, that Majesty knowledge when time serveth. God pre- the world may take notice that the business is folserve your Majesty.
lowed as heretofore, and that the stay of the trial is Your Majesty's most humble and devoted subject upon farther discovery, according to that we give out. and servant,
I think also it were not amiss to make a false
FR. BACON. fire, as if all things were ready for his going down Feb, 11, 1614.
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 CXVII. TO THE KING, ABOUT A CERTIFI. principally to be regarded, that because we live in CATE OF LORD CHIEF JUSTICE COKE.* an age wherein no counsel is kept, and that it is
true there is some bruit abroad, that the judges of IT MAY PLEASE YOUR EXCELLENT MAJESTY,
the king's bench do doubt of the case, that it should I send your Majesty enclosed my lord Coke's not be treason; that it be given out constantly, and answers ; I will not call them rescripts, much less yet as it were a secret, and so a fame to slide, that oracles. They are of his own hand, and offered to the doubt was only upon the publication, in that it me as they are in writing; though I am glad of it was never published, for that (if your Majesty for mine own discharge. I thought it my duty, as marketh it) taketh away, or at least qualifies the soon as I received them, instantly to send them to danger of the example; for that will be no man's your Majesty; and forbear, for the present, to speak case. farther of them. I, for my part, though this Mus- This is all I can do to thridd your Majesty's covia weather be a little too hard for my constitution, business with a continual and settled care, turning was ready to have waited upon your Majesty this day, and returning, not with any thing in the world, all respects set aside : but my lord treasurer, in re- save only the occasions themselves, and your Maspect of the season and much other business, was jesty's good pleasure. willing to save me. I will only conclude touching I had no time to report to your Majesty, at your these papers with a text, divided I cannot say, being here, the business referred, touching Mr. “Oportet isthæc fieri ;” but I may say, “Finis John Murray. I find a shrewd ground of a title autem nondum." God preserve your Majesty. against your Majesty and the patentees of these Your Majesty's most humble and devoted subject land; for I see a fair deed, I find a reasonable con
lands, by the coheir of Thomas earl of Northumberand servant,
sideration for the making the said deed, being for
FR. BACON. 14 Feb. 1614.
the advancement of his daughters; for that all the
possessions of the earldom were entailed upon his * Rawley's Resuscitatio.
† Sir David Dalrymple's Memoirs and Letters, p. 29.
brother; I find it was made four years before his was last at London after the end of the last parliarebellion ; and I see some probable cause why it ment, but where he lodged he knoweth not. hath slept so long. But Mr. Murray's petition Being asked, with what gentlemen, or others in speakerh only of the moiety of one of the coheirs, London, when he was here last, he had conference whereunto if your Majesty should give way, you and speech withal? he saith he had speech only might be prejudiced in the other moiety. There with Sir Maurice Berkeley, and that about the petifore, if Mr. Murray can get power of the whole, tions only, which had been before sent up to him then it may be safe for your Majesty to give way to by the people of the country, touching the apparithe trial of the right, when the whole shall be tors and the grievances offered the people by the submitted to you.
court of the officials. Mr. Murray is my dear friend ; but I must cut Being asked, touching one Peacham, of his name, even in these things, and so I know he would him what knowledge he had of him, and whether he was self wish no other. God preserve your Majesty. not the person that did put into his mind divers of Your Majesty's most humble and devoted subject loose and contexted papers ? he saith this Peacham,
those traitorous passages which are both in his and servant,
of his name, was a divine, a scholar, and a traveller; Febr. the 28th, 1614.
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 CXIX. SIR FRANCIS BACON TO KING JAMES.* of his own house or study; but that he would be
writing, sometimes in the church, sometimes in the MAY IT PLEASE YOUR MAJESTY,
steeple, sometimes in this examinate's study; and I SEND your Majesty enclosed a copy of our last now saith farther, that those papers, as well loose examination of Peacham, taken the 10th of this as contexted, which he had formerly confessed to present, whereby your Majesty may perceive, that be of his own hand, might be of the writing of the this miscreant wretch goeth back from all, and said Peacham; and saith confidently, that none of denieth his hand and all. No doubt, being fully of them are his own hand-writing or inditing ; but belief that he shall go presently down to his trial, whatsoever is in his former examinations, as well he meant now to repeat his part which he purposed before his Majesty's learned council, as before my to play in the country, which was to deny all. But lord of Canterbury, and other the lords, and others your Majesty, in your wisdom, perceiveth, that this of his Majesty's privy council, was wholly out of denial of his hand, being not possible to be coun- fear, and to avoid torture, and not otherwise. terfeited, and sworn to by Adams, and so oft by him- Being required to describe what manner of man self formerly confessed and admitted, could not mend the said Peacham that lay at his house was; he his case before any jury in the world, but rather saith that he was tall of stature, and can make no aggravateth it by his notorious impudence and other description of him, but saith, as he taketh it, falsehood, and will make him more odious. He he dwelleth sometimes at Honslow as a minister; never deceived me; for when others had hopes of for he hath seen his letters of orders and licence discovery, and thought time well spent that way, I under the hand of Mr. D. Chatterton, sometime told your Majesty pereuntibus mille figure, and bishop of Lincoln. He denieth to set his hand to that he did but now turn himself into divers shapes, this examination. to save or delay his punishment. And therefore
GER. HELWYSSE, submitting myself to your Majesty's high wisdom, I think myself bound, in conscience, to put your Majesty in remembrance, whether Sir John Sydenbam shall be detained upon this man's impeaching, in whom there is no truth. Notwithstanding, that THE TRUE STATE OF THE QUESTION WHEfurther inquiry be made of this other person, and
THER PEACHAM'S CASE BE TREASON OR that information and light be taken from Mr. Pau
NOT. I let and his servants, I hold it, as things are, necessary. God preserve your Majesty. Your Majesty's most humble and devoted subject and servant.
The indictment is grounded upon the statute of March the 12th, 1614.
Edward the third, that he compassed and imagined FR. BACON.
the king's death; the indictment then is according to the law, and justly founded. But how is it veri
fied ? First, then, I gather this conclusion, that since THE EXAMINATION OF EDMUND PEACHAM
the indictment is made according to the prescription AT THE TOWER, MARCH 10, 1614.7
of law, the process is formal, the law is fulfilled, and
the judge and jury are only to hearken to the veriBeing asked, when he was last at London, and fication of the hypothesis, and whether the minor where he lodged when he was there ? he saith he be well proved or not. • Sir David Dalrymple's Memorials and Letters, p. 32.
† Ibid. p. 34.
Ibid. p. 36.
IN THE HAND-WRITING OF KING JAMES.
That his writing of this libel is an overt act, the part of the country, as he had no more means of judges themselves do confess : that it was made fit access to the king's person, than he had ability of for publication, the form of it bewrays the self; body, or resolution of spirit, to act such a desperate that he kept not these papers in a secret and safe attempt with his own hands upon him; and therefaçon, (manner,) but in an open house and lidless fore, as every creature is ablest, in their own element, cask, both himself and the messenger do confess ; either to defend themselves, or annoy their advernay, himself confesseth, that he wrote them at the saries, as birds in the air, fishes in the water, and desire of another man, to whom he should have so forth, what so ready and natural means had he shown them when they had been perfected, and whereby to annoy the king as by publishing such a who craved an account for them, which though it seditious libel ? and so, under the specious pretext be denied by the other party, worketh sufficiently of conscience, to inflame the hearts of the people against the deponer himself. Nay, he confesses that against him. Now, here is no illation nor inferin the end he meant to preach it; and though, for ence made upon the statute, it stands in puris nadiminishing of his fault, he alleges, that he meant turalibus, but only a just inference and probation of first to have taken all the bitterness out of it, that the guilty intention of this party. So the only thing excuse is altogether absurd, for there is no other stuff the judges can doubt of, is of the delinquent's intenin, or through it all, but bitterness, which being taken tion; and then the question will be, whether if these out, it must be a quintessence of an alchemy, spirit reasons be stronger to enforce the guiltiness of his without a body, or popish accidents without a sub- intention, or his bare denial to clear him, since nastance; and then to what end would he have pub- ture teaches every man to defend his life as long as lished such a ghost, or shadow without a substance, he may; and whether, in case there were a doubt cui bono? and to what end did he so farce (stuff) herein, the judges should not rather incline to that it first with venom, only to scrape it out again; but side wherein all probability lies: but if judges will it had been hard making that sermon to have tasted needs trust better the bare negative of an infamous well, that was once so spiced, “ quo semel est im- delinquent, without expressing what other end he buta recens, etc.” But yet this very excuse is by could probably have, than all the probabilities, or himself overthrown again, confessing that he meant rather infallible consequences upon the other part, to retain some of the most crafty malicious parts in caring more for the safety of such a monster, than it, as, &c. [So the manuscript.]
the preservation of a crown, in all ages following, The only question that remains then is, whether whereupon depend the lives of many millions : it may be verified and proved, that, by the publish- happy then are all desperate and seditious knaves, ing of this sermon or rather libel of his he compassed but the fortune of this crown is more than miseror imagined the king's death : which I prove he able. Quod Deus avertat. 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
CXX. TO THE KING, TOUCHING MATTER OF had he never so bitterly railed against the king, and
HIS MAJESTY'S REVENUE AND PROFIT.* upbraided him of any two or three, though monstrous vices, it might yet have been some way ex
IT MAY PLEASE YOUR MAJESTY, cusable ; or yet had he spued forth all the venom I may remember what Tacitus saith, by occasion that is in this libel of his, in a railing speech, either that Tiberius was often and long absent from Rome. in drunkenness, or upon the occasion of any sudden “ In urbe, et parva et magna negotia imperatorem passion or discontentment, it might likewise have simul premunt:" but, saith he, “ In recessu, dimissis been excused in some sort; but upon the one part, rebus minoris momenti, summæ rerum magnarum to heap up all the injuries that the hearts of men, magis agitantur.” This maketh me think it shall be or malice of the devil, can invent against the king, no incivility to trouble your Majesty with business, to disable him utterly, not to be a king, not to be a during your abode from London ; knowing that your christian, not to be a man, or a reasonable creature, Majesty's meditations are the principal wheel of not worthy of breath here, nor salvation hereafter; your estate ; and being warranted from a former and, upon the other part, not to do this hastily or commandment which I received from you. rashly, but after long premeditation, first having I do now only send your Majesty these papers made collections in scattered papers, and then re- enclosed, because I do greatly desire so far forth to duced it to a method, in a formal treatise, a text preserve my credit with you, as thus, that whereas chosen for the purpose, a prayer premitted, apply lately, perhaps out of too much desire, which in ing all his wits to bring out of that text what he duceth too much belief, I was bold to say, that I could, in malem partem, against the king.
thought it as easy for your Majesty to come out of This, I say, is a plain proof that he intended to want, as to go forth of your gallery; your Majesty compass or imagine, by this means, the king's de- would not take me for a dreamer, or a projector ; I struction. For, will ye look upon the person or send your Majesty therefore some grounds of my quality of the man, it was the far likeliest means he hopes. And for that paper, which I have gathered could use to bring his wicked intention to pass ; his of increasements sperate, I beseech you to give me person an old, unable, and unwieldy man; his qua- | leave to think, that if any of the particulars do fail, lity a minister, a preacher; and that in so remote a
* Rawley's Resuscitatio.
it will be rather for want of workmanship in those ordinarily well, and became himself well, and had that shall deal in them, than want of materials in an evident applause. I meant well also ; and bethe things themselves. The other paper hath many cause my information was the ground ; having discarding cards; and I send it chiefly that your spoken out of a few heads which I had gathered, for Majesty may be the less surprised by projectors ; I seldom do more, I set down, as soon as I came who pretend sometimes great discoveries and inven. home, cursorily, a frame of that I had said ; though cons in things, that have been propounded, and, I persuade myself I spake it with more life. I have perhaps, after a better fashion, long since. God sent it to Mr. Murrray sealed ; if your Majesty Almighty preserve your Majesty."
have so much idle time to look upon it, it may give Your Majesty's most humble and devoted subject
some light of the day's work : but I most humbly and servant,
pray your Majesty to pardon the errors.
FR. BACON. serve you ever. 25 April, 1615.
Your Majesty's most humble subject and devoted servant,
April 29, 1615.
IT MAY PLEASE YOUR EXCELLENT MAJESTY,
CXXII. TO THE KING, CONCERNING THE MR. St. John his day is past, and well past. I
NEW COMPANY." hold it to be Janus Bifrons ; it hath a good aspect to that which is past, and to the future ; and doth
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, both satisfy and prepare. All did well; my lord Your Majesty shall shortly receive the bill for chief justice delivered the law for the benevolence the incorporation of the new company, ** together strongly ; I would he had done it timely. Mr. with a bill for the privy seal, being a dependency Chancellor of the exchequer † spake finely, some- thereof: for this morning I subscribed and docketted what after the manner of my late lord privy seal; } them both. I think it therefore now time to reprenot all out so sharply, but as elegantly. Sir Thomas sent to your Majesty's high wisdom that which I Lake, who is also new in that court, did very well, conceive, and have had long in my mind, concerning familiarly and counsellor-like.Ş My lord of Pem- your Majesty's service, and honourable profit in this broke,|| who is likewise a stranger there, did extra
business. • Rawley's Resuscitatio.
child before him, his estate and honours descended upon his The chancellor of the exchequer here meant was Sir younger brother, Philip earl of Montgomery, the lineal an. Falke Greville, who being early initiated into the court of cestor of the present noble and learned earl." Stephens. quern Elizabeth, became a polite and fine gentleman; and I Rawley's Resuscitatio. in the 18th of king James was created lord Brooke. He ** Among other projects for supplying his Majesty with erected a noble monument for himself on the north side of money, after his abrupt dissolution of the parliament, there Warwick church, which hath escaped the late desolation, was one proposed through the lord treasurer's means by Sir with this well-known inscription, “Fulke Greville, servant to William Cockayne, an alderman of London. For the society Queen Elizabeth, counsellor to king James, and friend to Sir or fellowship of merchant adventurers, having enjoyed by Philip Sydney.” Nor is he less remembered by the monu- licence from the crown a power of exporting yearly several Dept he has left in his writings and poems, chiefly composed thousands of English cloths undyed; it was imagined that in his youth, and in familiar exercises with the gentleman I the king would not only receive an increase in his customs by have before mentioned. Stephens.
the importation of materials necessary for dying, but the naLate earl of Northampton.
tion a considerable advantage in employing the subject, and Sir Thomas Lake was about this time made one of the improving the manufacture to its utmost before it was exportpríocipal secretaries of state, as he had been formerly Latin ed. This proposition being besides attended with the offer of secretary to queen Elizabeth, and before that time bred under an immediate profit to his Majesty, was soon embraced; the Sir Francis Walsingham. But in the year 1618, falling into charter granted to the merchant adventurers recalled, and the king's displeasure, and being engaged in the quarrels of Sir William Cockayne and several other traders incorporated has wife and daughter the lady Roos, with the countess of upon certain conditions, as appears in part from this letter; Exeter; he was at first suspended from the execution of his though some other letters in the same and the following year inplace, and afterwards removed, and deeply censured and fined form us what difficulties the king and council, and indeed the in the star-chamber; although it is said the king then gave him whole kingdom sustained thereby. For the trading towns in open court this public eulogy, that he was a minister of state the Low Countries and in Germany, which were the great fit to serve the greatest prince in Europe. Whilst this storm mart and staple of these commodities, perceiving themselves in was hanging over his head, he writ many letters to the king danger of losing the profit, which they had long reaped by and the narquis of Buckingham, which I have seen, com dying and dressing great quantities of English cloth, the Dutch baning of his misfortune, that his ruin was likely to pro- prohibited the whole commodity; and the materials being ered from the assistance he gave to his nearest relations. either dearer here or the manufacturers less skilled in fixing Stepbras.
of the colours, the vent of cloth was soon at a stand; upon William earl of Pembroke, son to Henry Herbert earl which the clamour of the countries extended itself to the court. of Peobruke, lord president of the council in the marches of So that, after several attempts to carry on the design, Sir Fr. Wales, by Mary his wife, a lady in whom the Muses and Bacon finding the new company variable in themselves, and Greces seemed to meet; whose very letters, in the judgment not able to comply with their proposals, but making new and of one who saw many of them, declared her to be mistress of a springing demands, and that the whole matter was more and peo pot inferior to that of her brother, the admirable Sir Phi- more perplexed, sent on the 14th of October, 1616, a letter to up Sydney, and to whom he addressed his Arcadia. Nor the lord Villiers, enclosing his reasons why the new company, did this gentleman degenerate from their wit and spirit, as was no longer to be trusied, but the old company to be treated his own pems, his great patronage of learned men, and reso- with and revived. Accordingly, pursuant to a power of revolute opposition to the Spanish match, did, among other in- cation, contained in the new charter, it was recalled, and a stances, fully prove. In the year 1616, he was made lord proclamation published for restoring the old company, dated Chamberlain, and chosen chancellor of the university of Ox- | August 12, 1617; and soon after another charter granted them ford. He died suddenly on the 10th of April 1630, having upon their payment of 50,0001. Stephens's Introduct. p. just completed fifty years. But his only' son deceasing å 38, 39.
This profit, which hath proceeded from a worthy jesty's, I present, leave, and submit to your Majesty's service of the lord treasurer, I have from the begin-better judgment, and I could wish your Majesty ning constantly affected; as may well appear by my would speak with Sir Thomas Lake in it; who, sundry labours from time to time in the same : for besides his good habit which he hath in business, I hold it a worthy character of your Majesty's reign beareth, methinks, an indifferent hand in this parand times; insomuch, as though your Majesty might ticular ; and, if it please your Majesty, it may prohave at this time, as is spoken, a great annual be- ceed as from yourself, and not as a motion or obnefit for the quitting of it; yet I shall never be the servation of mine. man that should wish for your Majesty to deprive Your Majesty need not in this to be straitened in yourself of that beatitude, “ Beatius est dare quam time, as if this must be demanded or treated before accipere,” in this cause ; but to sacrifice your profit, you sign their bill. For I foreseeing this, and forethough as your Majesty's state is, it be precious to seeing that many things might fall out which I you, to so great a good of your kingdom ; although could not foresee, have handled it so, as with their this project is not without a profit immediate unto good contentment there is a power of revocation inyou, by the increasing of customs upon the materials serted into their patent. And so commending your of dyes.
Majesty to God's blessing and precious custody, I But here is the case: the new company by this rest, patent and privy seal are to have two things, wholly Your Majesty's most humble and devoted subject diverse from the first intention, or rather ex diametro and servant, opposite unto the same; which nevertheless they
FR. BACON. must of necessity have, or else the work is over- Aug. 12, 1615. thrown: so as I may call them mala necessaria, but yet withal temporary. For as men make war to have peace; so these merchants must have licence
CXXIII. TO SIR GEORGE VILLIERS, ABOUT for whites, to the end to banish whites; and they
ROPER'S PLACE.* must have licence to use tenters, to the end to ban
SIR, ish tenters. This is therefore that I say; your Majesty, upon fail to salute you by my letter ; which, that it may
SENDING to the king upon occasion, I would not these two points, may justly, and with honour, and
be more than two lines, I add this for news; that as with preservation of your first intention inviolate,
I was sitting by my lord chief justice, upon the comdemand profit in the interim, as long as these unna
mission for the indicting of the great person ; one tural points continue, and then to cease. For your of the judges asked him, whether Roper were dead; Majesty may be pleased to observe, that they are to have all the old company's profit by the trade of judges answered, It should concern you, my lord, to
he said, he for his part knew not; another of the whites ; they are again to have, upon the proportion know it. Whereupon he turned his speech to me, of cloths which they shall vend dyed and dressed, and said, No, Mr. Attorney, I will not wrestle now the Flemings' profit upon the tenter. Now then, I
in my latter times. My lord, said I, you speak like say, as it had been to good husbandry for a king to
a wise man. have taken profit for them, if the project could have with it that have had it.
Well, saith he, they have had no luck been effected at once, as was voiced, so on the other be past. Here you have the dialogue to make you
I said again, those days side it might be, perchance, too little husbandry and
merry. But in sadness, I was glad to perceive he providence to take nothing of them, for that which
meant not to contest. I can but honour and love is merely lucrative to them in the mean time. Nay,
you, and rest I say farther, this will greatly conduce, and be a
Your assured friend and servant, kind of security to the end desired. For I always feared, and do yet fear, that when men, by condition
FR, BACON. merchants, though never so honest, have gotten into
Jan. 22, 1615. their hands the trade of whites, and the dispensation to tenter, wherein they shall reap profit for
CXXIV. SIR FRANCIS BACON TO KING that which they never sowed; but have gotten them
JAMES.t selves certainties, in respect of the state's hopes : they are like enough to sleep upon this as upon a pil- IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, low, and to make no haste to go on with the rest. It pleased your Majesty to commit to my care And though it may be said, that this is a thing will and trust for Westminster-hall three particulars ; easily appear to the state, yet, no doubt, means may that of the rege inconsulto, which concerneth Mur. be devised and found to draw the business in length. ray; that of the commendams, which concerneth So that I conclude, that if your Majesty take a pro- the bishop of Lincoln; and that of the habeas corfit of them in the interim, considering you refuse pus, which concerneth the chancery. profit from the old company, it will be both spur These causes, although I gave them private addiand bridle to them, to make them pace aright to tions, yet they are merely, or at least chicfly, yours; your Majesty's end.
and the die runneth upon your royal prerogatives' This in all humbleness, according to my vowed diminution, or entire conservation. Of these it is care and fidelity, being no man's man but your Ma- my duty to give your Majesty a short account. * Rawley's Resuscitatio.
+ Sir David Dalrymple’s Memorials and Letters, p. 46.