them. But, nevertheless, the proofs seem to us H. MONTAGU, MR. MURRAY, TO MR. MURRAY. My lord chancellor, yesterday in my presence, had before him the judges of the common pleas, and hath performed his majesty's royal command in a very worthy fashion, such as was fit for our master's greatness; and because the king may know it, I send you the enclosed. This seemeth to have wrought the effect desired; for presently I sent for Sir Richard Cox,* and willed him to present himself to my Lord Hobart, and signify his readiness to attend. He came back to me, and told me, all things went on. I know not what afterwards may be; but I think this long chase is at Yours assured, an end. I ever rest January 25, 1614. FR. BACON. I pray deliver the enclosed to his majesty, and have care of the letter afterwards. I have written also to his majesty about your reference to this purpose, that if you can get power over the whole title, it may be safe for his majesty to assent, that you may try the right upon the deed. This is the farthest I can go. I ever rest Yours assured, February 28, 1614. TO THE KING. FR. BACON. Monday is the day appointed for performing his majesty's commandment. Till then I cannot tell what to advise you farther, except it should be this, that in case the judges should refuse to take order in it themselves, then you must think of some warrant to Mr. Secretary, who is your friend, and constant in the businesses, that he see forthwith his majesty's commandment executed, MAY IT PLEASE YOUR most excellent Majesty, touching the double lock; and, if need be, repair I send your majesty enclosed, a copy of our last to the place, and see by view the manner of keep-examination of Peacham,† taken the 10th of this ing the seal; and take order, that there be no stay for working of the seal of justice, nor no prejudice to Killegrew's farm, nor to the duty of money paid to the chief justice. Whether this may require your presence, as you write, that yourself can best judge. But of this more, when we have received the judges' answer. It is my duty, as much as in me is, to procure my master to be obeyed. I ever rest Your friend and assured, January 21, 1614. FR. BACON. * He was one of the masters of the green cloth, and had had a quarrel at court during the Christmas holy-days of the year 1614, with Sir Thomas Erskine; which quarrel was made up by the lords of the marshal's court, Sir Richard being obliged to put up with very foul words. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, January 12, 1614-5. † Edmund Peacham, a minister in Somersetshire. [MS. letter of Mr. Chamberlain, dated January 5, 1614-5.] I find one of both his names, who was instituted into the vicarage of Ridge, in Hertfordshire, July 22, 1581, and resigned it in 1587. [Newcourt, Reporter, vol. i. p. 864.] Mr. Peacham was committed to the Tower for inserting several treasonable passages in a sermon never preached, nor, as Mr. Justice Coke remarks in his Reports during the reign of King Charles I., p. 125, ever I pray deliver the enclosed letter to his majesty. intended to be preached. Mr. Chamberlain, in a letter of the 9th To his very good friend Mr. John Murray, of his majesty's bed-chamber. of February, 1614-5, to Sir Dudley Carleton, mentions Mr. Peacham's having been "stretched already, though he be an old man, and, they say, much above threescore: but they could wring nothing out of him more than they had at first in his papers. Yet the king is extremely incensed against him, He was created Viscount of Annan in Scotland in August and will have him prosecuted to the utmost." In another 1622. Negotiations of Sir Thomas Roe, in his embassy to the letter, dated February 23, we are informed, that the king, Ottoman Porte, p. 93. In April, 1624, the Lord Annan was since his coming to London on the 15th, had had "the opinion created Earl of Annandale in Scotland. Ibid. p. 256. of the judges severally in Peacham's case; and it is said, that This and the following letters, are printed from Harl. most of them concur to find it treason: yet my Lord Chief MSS. vol. 0986. Justice [Coke] is for the contrary; and if the Lord Hobart, that present; whereby your majesty may perceive, | SUPPLEMENT OF TWO PASSAGES OMITTED that this miscreant wretch goeth back from all, and denieth his hand and all. No doubt, being fully of belief, that he should 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 to be sworn by Adams, and so oft by himself formerly confessed and admitted, could not mend his case before any jury in the world, but rather aggravateth it by his notorious impudency 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 now did but 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 farther inquiry be made of this other Peacham, and that information and light be taken from Mr. Poulet and his servants, I hold it, as things are, rides the western circuit, can be drawn to jump with his col league, the chief baron, [Tanfield,] it is thought he shall be sent down to be tried, and trussed up in Somersetshire." In a letter of the 24 of March, 1614-5, Mr. Chamberlain writes, journey stayed, though Sir Randall Crew, the king's serjeant, and Sir Henry Yelverton, the solicitor, were ready to go to horse to have waited on him there." "Peacham, the minister, twelvemonth in the Tower, is sent down to be tried for treason in Somersetshire before the Lord Chief Baron, and Sir Henry Montagu, the recorder. The Lord Hobart gave "Peacham's trial at the western assizes is put off, and his adds he in a letter of the 13th of July, 1615, that hath been this over that circuit the last assizes. Sir Randall Crew and Sir Henry Yelverton, the king's serjeant and solicitor, are sent down to prosecute the trial." The event of this trial, which was on the 7th of August, appears from Mr. Chamberlain's letter of the 14th of that month, wherein it is said, that "seven IN THE EDITION OF SIR FRANCIS BACON'S SPEECH IN THE KING'S BENCH, AGAINST OWEN,* AS PRINTED IN HIS WORKS. After the words [it is bottomless] in the paragraph beginning [for the treason itself, which is the second point, etc.,] add [I said in the beginning, that this treason, in the nature of it, was old. It is not of the treasons, whereof it may be said, "from the beginning it was not so.". You are indicted, Owen, not upon any statute made against the pope's supremacy, or other matters, that have reference to religion; but merely upon that law, which was born with the kingdom, and was law even in superstitious times, when the pope was received. The compassing and imagining of the king's death was treason. The statute of the 25th of Edward III., which was but declaratory, begins with this article, as the capital of capitals in treason, and of all others the most odious and the most perilous.] And so the civil law, etc. At the conclusion of his speech, after the words, ["the Duke of Anjou and the Papists,"] add [As for subjects, I see not, or ever could discern, but that by infallible consequence, it is the case of all subjects and people, as well as of kings; for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the pope to do it towards a king; and for a bishop to absolve the son from duty to the father, as for the pope to absolve the subject from his allegiance to his king. And this is not my inference, but the very affirmative of Pope Urban the Second, who in a brief to Godfrey, Bishop of Luca, hath these very words, which Cardinal Baronius reciteth in his Annals, tom. xi. p. 802. "Non illos homicidas arbitramur, qui adversus excommunicatos zelo catholicæ matris ardentes eorum quoslibet trucidare contigerit," speaking generally of all excommunications.] TO THE KING.† knights were taken from the bench, and appointed to be of the IT MAY PLEASE YOUR EXCELLENT Majesty, jury. He defended himself very simply, but obstinately and doggedly enough. But his offence was so foul and scandalous, I received this very day, in the forenoon, your that he was condemned of high treason; yet not hitherto majesty's several directions touching your cause executed, nor perhaps shall be, if he have the grace to submit himself, and show some remorse." He died, as appears from another letter of the 27th of March, 1616, in the jail at Taunton, where he was said to have "left behind a most wicked and desperate writing, worse than that he was convicted for." * He had been confronted about the end of February, or beginning of March, 1614-5, with Mr. Peacham, about certain speeches, which had formerly passed between them. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from London, March 2, 1614-5. John Poulet, Esq.; knight of the shire for the county of Somerset, in the parliament which met April 5, 1614. He was created Lord Poulet of Henton St. George, June 23, 1627. * He was of the family of that name at Godstow, in Oxfordshire. [Camdeni Annales Regis Jacobi I. p. 2.] He was a young man, who had been in Spain; and was condemned at the King's Bench, on Wednesday, May 17, 1615, " for divers most vile and traitorous speeches confessed and subscribed with his own hand; as, among others, that it was as lawful for any man to kill a king excommunicated, as for the hangman to execute a condemned person. He could say little for himself, or in maintenance of his desperate positions. but only that he meant it not by the king, and he holds him not excommunicated." MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from London, May 20, 1615. + Harl. MSS. Vol. 6986. I rest your majesty's most humble prosecuted by my Lord Hunsdon* as your farmer. tion, whereof God giveth you so many great Your first direction was by Sir Christopher Par- pledges, kins, that the day appointed for the judicial sentence should hold: and, if my lord chief justice, upon my repair to him, should let me know, that he could not be present, then my lord chancellor should proceed, calling to him my Lord Hobart, except he should be excepted to; and then some November 17, 1615. ment.* FR. BACON. other judge by consent. For the latter part of Innovations introduced into the laws and govern this your direction, I suppose, there would have been no difficulty in admitting my Lord Hobart; 1. The ecclesiastical for after he had assisted at so many hearings, it would have been too late to except to him. But then your majesty's second and later direction, which was delivered unto me from the Earl of Arundel, as by word of mouth, but so as he had set down a remembrance thereof in writing freshly after the signification of his pleasure, was to this effect, that before any proceeding in the chancery, there should be a conference had between my lord chancellor, my lord chief justice, and myself, how your majesty's interest might be secured. commission. cial councils. This later direction I acquainted my lord chan- 2. Against the provin- ence. Farther, I think fit to let your majesty know, that in my opinion I hold it a fit time to proceed in the business of the "Rege inconsulto," which is appointed for Monday. I did think these 3. greater causes would have come to period or pause sooner: but now they are in the height, and to have so great a matter as this of the "Rege inconsulto" handled, when men do "aliud agere," I think it no proper time. Besides, your majesty in your great wisdom knoweth, that this business of Mr. Murray's is somewhat against the stream of the judge's inclination: and it is no part of a skilful mariner to sail on against a tide, when the tide is at strongest. If your majesty be pleased to write to my Lord Coke, that you would have the business of the "Rege inconsulto" receive a hearing, when he should be "animo sedato et libero," and not in the midst of his assiduous and incessant cares and industries Against the Star Chamber, for levying damages. in other practices, I think your majesty shall do 4. Against the admi- Thus praying God for your happy preserva ralty. In this he prevailed, and the commission was pared, and namely the point of alimony left out, whereby wives are left wholly to the tyranny of their husbands. This point, and some others, may require a review, and is fit to be restored to the commission. In this he prevaileth in such sort, as the prececents are continually suitors for the enlargement of the instructions, sometimes in one point, sometimes in another; and the jurisdictions grow into contempt, and more would, if the lord chancellor did not strengthen them by injunctions, where they exceed not their instructions. In this he was overruled by the sentence of the court; but he bent all his strength and wits to have prevailed; and so did the other judges by long and laborious arguments: and if they had prevailed, the authority of the court had been overthrown. But the plurality of the court toook more regard to their own precedents, than to the judges' opinion. In this he prevaileth, for prohibitions fly continually; and many times are cause of long *This paper was evidently designed against the Lord Chief L law neither to levy it, nor to move for it. 5. Against the court of the duchy of Lancaster prohibitions go; and the like may do to the court of wards and exchequer. 6. Against the court of requests. 7, Against the chancery for decrees after judg ment. 8. Præmunire for suits in the chancery. 9. Disputed in the common pleas, whether that court may grant a prohibition to stay suits in the chancery, and time given to search for precedents. 10. Against the new boroughs in Ireland. 11. Against the writs "Dom. Rege inconsulto." 12. Against contribution, that it was not suits, to the discontent | of foreign ambassadors, and the king's dishonour and trouble by their remonstrances. This is new, and would be forthwith restrained, and the others settled. In this he prevaileth; and this but lately brought in question. In this his majesty hath made an establishment and he hath not prevailed, but made a great noise and trouble. This his majesty hath also established, being a strange attempt to make the chancellor sit under a hatchet, instead of the king's arms. 13. Peacham's case. This was but a brave- 14. Owen's case. ry, and dieth of itself, especially the authority of the chancery by his majesty's late proceedings being so well established. This in good time was overruled by the voice of eight judges of ten, after they had heard your attorney. And had it prevailed, it had overthrown the parliament of Ireland, which would have been imputed to a fear in this state to have proceeded; and so his majesty's authority and reputation lost in that kingdom. This is yet" sub judice:" but if it should prevail, it maketh the judges absolute over the patents of the king, be they of power and profit, contrary to the ancient and ever continued law of the crown, which doth call those causes before the king himself, as he is represented in chancery. In this he prevailed, and gave opinion, that 15. The value of bene fices not to be according to the tax in the king's book of taxes. 16. Suits for legacies ought to be in their proper dioceses, and not in the prerogative court; although the will be proved in the prerogative court upon "bona the king by his great seal could not so much as move any his subjects for benevolence. But this he retracted after in the Star Chamber; but it marred the benevolence in the mean time. In this, for as much as in him was, and in the court of king's bench, he prevailed, though it was holpen by the good service of others. But the opinion which he held, amounted in effect to this, that no word of scandal or defamation, importing that the king was utterly unable or unworthy to govern, were treason, except they disabled his title, etc. In this we prevailed with him to give opinion it was treason: but then it was upon a conceit of his own, that was no less dangerous, than if he had given his opinion against the king: for he proclaimed the king excommunicated in respect of the anniversary bulls of "Coena Domini," which was to expose his person to the fury of any jesuited conspirator. By this the intent of the statute of 21 Henry VIII., is frustrated; for there is no benefice of so small an improved value as 81. by that kind of rating. For this the judges may be assembled in the exchequer for a confer ence. The practice hath gone against this, and it is fit, the suit be where the probate is. And this served but to put a pique between the archbishops' courts and the bishops'courts. This may be again propoun- | majesty's service, as is fit. Howbeit, for so much ed upon a conference as did concern the practice of conveying the of the judges. SIR FRANCIS BACON TO SIR GEORGE Touching the examination of Sir Robert Cotton upon some information of Sir John Digby.* I RECEIVED your letter yesterday towards the evening, being the 8th of this present, together with the interrogatory included, which his majesty hath framed, not only with a great deal of judgment what to interrogate, but in a wise and apt order; for I do find that the degrees of questions are of great efficacy in examination. I received also notice and direction by your letter, that Sir Robert Cotton was first thoroughly to be examined; which indeed was a thing most necessary to begin with; and that for that purpose Sir John Digby was to inform my lord chancellor of such points, as he conceived to be material; and that I likewise should take a full | account for my lord chief justice of all Sir Robert Cotton's precedent examinations. It was my part then to take care, that that, which his majesty had so well directed and expressed, should be accordingly performed without loss of time. For which purpose, having soon after the receipt of your letter received a letter from my lord chancellor, that he appointed Sir John Digby to be with him at two of the clock in the afternoon, as this day, and required my presence, I spent the mean time, being this forenoon, in receiving the precedent examinations of Sir Robert Cotton from my lord chief justice, and perusing of them; and accordingly attended my lord chancellor at the hour appointed, where I found Sir John Digby. At this meeting it was the endeavour of my lord chancellor and myself to take such light from Sir John Digby, as might evidence first the examination of Sir Robert Cotton; and then to the many examinations of Somerset; wherein we found Sir John Digby ready and willing to discover unto us what he knew; and he had also, by the lord chancellor's direction, prepared some heads of examination in writing for Sir Robert Cotton; of all which use shall be made for his * Secretary Winwood, in a private letter to Sir Thomas Edmondes, printed in the Historical View of the Negotiations between the Courts of England, France, and Brussels, p. 392, mentions, that there was great expectation, that Sir John Digby, just then returned from Spain, where he had been ambassador, could charge the Earl of Somerset with some treasons and plots with Spain. "To the king," adds Sir Ralph, "as yet he hath used no other language, but that, having served in a place of honour, it would ill become him to be an accuser. Legally or criminally he can say nothing: yet this he says and hath written, that all his private despatches, wherein he most discovered the practices of Spain, and their intelligences, were presently sent into Spain; which could not be but by the treachery of Somerset." prince into Spain, or the Spanish pensions, he was somewhat reserved upon this ground, that they were things his majesty knew, and things, which by some former commandment from his majesty he was restrained to keep in silence, and that he conceived they could be no ways applied to Somerset. Wherefore it was not fit to press him beyond that, which he conceived to be his warrant, before we had known his majesty's farther pleasure; which I pray you return unto us with all convenient speed. I for my part am in no appetite for secrets; but, nevertheless, seeing his majesty's great trust towards me, wherein I shall never deceive him; and that I find the chancellor of the same opinion, I do think it were good my lord chancellor chiefly and myself were made acquainted with the persons and the particulars; not only because it may import his majesty's service otherwise, but also because to my understanding, for therein I do not much rely upon Sir John Digby's judgment, it may have a great connection with the examination of Somerset, considering his mercenary nature, his great undertaking for Spain in the match, and his favour with his majesty; and therefore the circumstances of other pensions given cannot but tend to discover whether he were pensioner or no. But herein no time is lost; for my lord chancellor, who is willing, even beyond his strength, to lose no moment for his majesty's service, hath appointed me to attend him Thursday morning for the examination of Sir Robert Cotton, leaving tomorrow for council-business to my lord, and to me for considering of fit articles for Sir Robert Cotton. 10 April, 1616., SIR FRANCIS BACON TO THE JUDGES. MY LORD, It is the king's express pleasure, that because his majesty's time would not serve to have conference with your lordship and his judges touch ing his cause of commendams at his last being in town, in regard of his majesty's other most weighty occasions; and for that his majesty holdeth it necessary, upon the report, which my Lord of Winchester, who was present at the last argument by his majesty's royal commandment, made to his majesty, that his majesty be first consulted with, ere there be any further proceeding by argument by any of the judges or otherwise: Therefore, that the day appointed for the farther proceeding by argument of the judges in that case be put off till his majesty's farther pleasure be known upon consulting him; and to that end, that your lordship forthwith signify his commandment to the rest of the judges; whereof your |