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DEPUTY OF IRELAND,
general in his favoars; and his virtue of access late pieces, I forbear to say to your lordship what is rather because he is much abroad and in press I find and conceive; but to any other I would than that he giveth easy audience. He hasteneth think to make myself believed. But not to be to a mixture of both kingdoms and occasions, tedious in that which may have the show of a faster perhaps than policy will well bear. I told compliment, I can but wish your lordship many your lordship once before, that (methought) his happy years; many more than your father had; majesty rather asked counsel of the time past than even so many more as we may need you more of the time to come. But it is yet early to ground So I remain. any settled opinion. For the particulars I refer to conference, having in these generals gone further, in so tender an argument, than I would have done, were not the bearer hereof so assured. A LETTER OF THANKS TO THE KING, UPON MR
ATTORNEY'S SICKNESS. So, I continue, etc.
IT MAY PLEASE YOUR MOST excellent MAJESTY,
I do understand, by some of my good friends,
to my great comfort, that your majesty hath in A LETTER TO MR. PIERCE, SECRETARY TO THE mind your majesty's royal promise (which to me
is - anchora spei”) touching the attorney's place. Master Pierce,
I hope Mr. Attorney shall do well. I thank God I am glad to hear of you as I do; and for my I wish no man's death, nor much mine own life, part, you shall find me ready to take any occasion more than to do your majesty service. For I to further your credit and preferment: and I dare account my life the accident, and my duty the assure you (though I am no undertaker) to pre- substance. But this I will be bold to say: if it pare your way with my Lord of Salisbury, for please God that ever I serve your majesty in the any good fortune which may befall you. You attorney's place, I have known an Attorney teach me to complain of business, whereby I Cooke, and an Attorney Hobert; both worthy write the more briefly; and yet I am so unjust, men, and far above myself; but if I should not as that which I allege for mine own excuse, I find a middle way between their two dispositions cannot admit for yours. For I must by ex- and carriages, I should not satisfy myself. But pecting, exact your letters with this fruit of your these things are far or near, as it shall please sufficiency, as to understand how things pass in God. Meanwhile, I most humbly pray your that kingdom. And, therefore, having begun, I majesty to accept my sacrifice of thanksgiving pray you continue. This is not merely curiosity, for your gracious favour. God preserve your for I have ever (I know not by what instinct) majesty. I ever remain. wished well to that impolished part of this crown. And, so with my very loving commendations, I remain.
A LETTER TO MY LORD MAYOR, UPON A PRO.
CEEDING IN A PRIVATE CAUSE.
TESY UPON A NEW YEAR'S TIDE,
MY VERY GOOD LORD, A LETTER TO THE EARL OF SALISBURY OF COUR- I did little expect when I left your lordship
last, that there would have been a proceeding IT MAY PLEASE YOUR GOOD LORDSHIP,
against Mr. Barnard to his overthrow. Wherein Having no gist to present you with, in any I must confess myself to be in a sort accessary : degree proportionable to my mind, I desire never- because he relying upon me for counsel, I advised theless to take the advantage of a ceremony to that course which he followed. Wherein now I express myself to your lordship; it being the begin to question myself, whether, in preserving first time I could make the like acknowledgment my respects to your lordship and the rest, I have when I stood out of the person of a suitor; not failed in the duty of my profession towards wherefore I must humbly pray your lordship to my client; for certainly, if the words had been
that now it hath pleased you, hy heinous and spoken in a malicious fashion, and many effectual and great benefits, to add the in some public place and well proved, and not a assurance and comfort of your love and favour to pratile in a tavern, caught hold of by one, who that precedent disposition which was in me to (as I hear) is a detected sycophant, (Standish I admire your virtue and merit; I do esteem what- mean,) yet I know not whai could have been soever I have or may have in this world but as done more than to impose upon him a grievous trash in comparison of having the honour and fine; and to require the levying of the same; and happiness to be a near and well accepted kins- to take away his means of life by his disfranman to so rare and worthy a counsellor, governor, chisement; and to commit him to a defanied and patriot. For having been a studious, if not prison during Christmas; in honour whereof tho a carious observer of antiquities of virtue, as of 1 prisoners in other courts do commonly of grace
obtain some enlargement. This rigour of proceed- should be so much troubled with this matter of ing (to tell your lordship and the rest, as my Peacham's, whose raging devil seemeth to be good friends, my opinion plainly) tendeth not to turned into a dumb devil. But although we are strengthen authority, which is best supported by driven to make our way through questions, (which love and fear intermixed; but rather to make I wish were otherwise,) yet I hope well the end people discontented and servile; especially, when will be good. But then every man must put to such punishment is inflicted for words, not by his helping hand; for else I must say to your rule of law, but by a jurisdiction of discretion, majesty, in this and the like cases, as St. Paul which would evermore be moderately used. And said to the centurion, when some of the mariners I pray God, whereas, Mr. Recorder, when I was had an eye to the cock-boat, “except these stay with you, did well and wisely put you in mind in the ship, ye cannot be safe." I find in my of the admonitions you often received from my lords great and worthy care of the business. lords that you should bridle unruly tongues; that And, for my part, I hold my opinion and am those kind of speeches and rumours whereunto strengthened in it, by some records that I have those admonitions do refer, which are concerning found. God preserve your majesty. the state and honour thereof, do not pass too Your majesty's most humble, and devoted licentiously in the city unpunished; while these
subject and servant. words which concern your particular are so straightly inquired into, and punished with such extremity. But these things, your own wisdom (first or last) will best represent unto you. My
A LETTER TO THE KING, TOUCHING PEACHIAM'S writing unto you at this time is, to the end, that
CAUSE, JANUARY 27, 1014. howsoever I do take it somewhat unkindly, that my mediation prevailed no more; yet I might IT MAY PLEASE YOUR EXCELLENT MAJESTY, preserve that further respect that I am willing to This day, in the afternoon, was read, your use unto such a state, in delivering my opinion majesty's letters of direction touching Peacham; unto you freely, before I would be of counsel, which, because it concerneth properly the duty move any thing that should cross your proceed of my place, I thought it fit for me to give your ings; which, notwithstanding, (in case my client majesty both a speedy and private account can receive no relief at your hands,) I must and thereof; that your majesty, knowing things will do. Continuing, nevertheless, in other clearly how they pass, may have the true fruit of things, my wonted good affection to yourselves, your own wisdom and clear-seeing judgment in and your occasions.
governing the business.
First, for the regularity which your majesty (as
a master in business of estate) doth prudently preA LETTER TO MY LORD TREASURER SALISBURY,
scribe in examining, and taking examinations, I subscribe to it; only I will say for myself, that I
was not at this time the principal examiner. IT MAY PLEASE YOUR GOOD LORDSHIP,
For the course your majesty directeth and I would entreat the new year to answer for the commandeth, for the feeling of the judges of the old, in my humble thanks to your lordship; both for many your favours, and chiefly that, upon the buting ourselves and enjoining secrecy, we did
King's Bench, their several opinions by distri. occasion of Mr. Attorney's infirmity, I found your first find an encounter in the opinion of my
Lord lordship even as I could wish. This doth increase Coke; who seemed to affirm, that such particua desire in me to express my thankful mind to lar and (as he called it) auricular taking of opiyour lordship; hoping that though I find
nions, was not according to the custom of this decays grow upon me, yet I may have a flash or realm; and seemed to divine that his brethren two of spirit left to do you service. And I do would never do it. But when I replied, that it protest before God, without compliment or any was our duty to pursue your majesty's directions ; light vanity of mind, that if I knew in what and it were not amiss for his lordship to leave his course of life to do you best service, I would take brethren to their own answers, it was so conit, and make my thoughts, which now fly to many cluded; and his lordship did desire, that I might pieces, to be reduced to that centre. But all this, confer with himself; and Mr. Serjeant Montague is no more than I am, which is not much; but yet was named to speak with Justice Crooke; Ms. the entire of nim, that is, etc.
Serjeant Crew with Justice Houghton; and Mr.
took my fellows aside, and advised that they A LETTER TO HIS MAJESTY, CONCERNING should presently speak with the three judges,
PEACHAM'S CAUSE, JANUARY, 21, 1614. before I could speak with iny Lord Coke for IT MAY PLEASE YOUR EXCELLENT MAJESTY, doubt of infusion; and that they should not in
It grieveth me exceedingly, that your majesty any case make any doubt to the judges, as if they
UPON A NEW YEAR'S TIDE.
mistrusted, they would not deliver any opinion | sion without the premises, and by haste hindereth. apart, but speak resolutely to them, and only It is my lord treasurer and the exchequer must hely make their coming to be, to know what time they it, if it be holpen. I have heard more ways than would appoint to be attended with the papers. one, of an offer of 20,000l. per annum, for farmThis sorted not amiss; for Mr. Solicitor came to ing the penalties of recusants, not including any me this evening and related to me, that he had offence, capital or of premunire; wherein I will found Judge Dodderidge very ready to give opinion presume to say, that my poor endeavours, since I in secret; and fell upon the same reason, which was by your great and sole grace your attorney, upon your majesty's first letter I had used to my have been no small spurs to make them feel your Lord Coke at the council table; which was, that laws, and seek this redemption; wherein I must every judge was bound expressly by his oath to also say, my Lord Coke hath done his part: and give your majesty counsel when he was called; I do assure your majesty I know it, somewhat and whether he should do it jointly or severally, inwardly and groundedly, that by the courses we that rested in your majesty's good pleasure, as have taken, they conform daily and in great numyou would require it. And though the ordinary bers; and I would to God, it were as well a concourse was to assemble them, yet there might version as a conformity ; but if it should die by intervene cases, wherein the other course was dispensation or dissimulation, then I fear, that more convenient. The like answer made Jus- whereas your majesty hath now so many ill subtice Crook. Justice Houghton, who is a soft jects poor and detected, you shall then have them man, seemed desirous first to confer; alleging, rich and dissembled. And, therefore, I hold this that the other three judges had all served the offer very considerable, of so great an increase of crown before they were judges, but that he had revenue; if it can pass the fiery trial of religion not been much acquainted with business of this and honour, which I wish all projects may pass. nature.
Thus, inasmuch as I have made to your majesty We purpose, therefore, forthwith, they shall be somewhat a naked and particular account of busimade acquainted with the papers; and that if that ness, I hope your majesty will use it accordingly. could be done, as suddenly as this was, I should God preserve your majesty. make small doubt of their opinions; and how
Your majesty's most humble and soever, I hope, force of law and precedent, will
devoted subject and servant.
For Owen; I know not the reason, why there CHANCELLOR'S HEALTH. JAN. 29, 1614.
, which is now come up, attested with the being spent or weary, and both willing and beginhands of three more, lest there should ha been ning of himself to speak, but wholly of your any scruple of "singularis testis ;" so as, for this majesty's business. Wherein I cannot forget to case, I may say “ omnia parata ;" and we expect relate this particular, that he wished that his senbut a direction from your majesty, for the ac- tencing of the I. S. at the day appointed, might quainting the judges severally; or the four judges be his last work, to conclude his services, and of the King's Bench, as your majesty shall think express his affection towards your majesty. I good.
told him I knew your majesty would be very deI forget not, nor forslow not your majesty's sirous of his presence that day, so it might be commandment touching recusants ; of which, without prejudice, but otherwise your majesty when it is ripe, I will give your majesty a true esteemed a servant more than a service, especially account, and what is possible to be done, and such a servant. Not to trouble your majesty, where the impediment is. Mr. Secretary bringeth though good spirits in sickness be uncertain calen" bonum voluntatem,” but he is not versed much dars, yet I have very good comfort of him, and I in these things ; and sometimes urgeth the conclu- hope by that day, etc.
To which I replied, that questions of estate might A LETTER TO THE KING, GIVING HIM AN ACCOUNT OF PEACHAM'S BUSINESS, AND SOME concern thousands of lives; and many things OTHERS, JAN. 31, 1614.
more precious than the life of a particular; as
war and peace, and the like. ST MAY PLEASE YOUR EXCELLENT MAJESTY,
To conclude, his lordship, “ tanquam exitum I received this morning, by Mr. Murray, a mes- quærens," desired me for the time to leave with sage from your majesty of some warrant and con- him the papers, without pressing him to consent fidence, that I should advertise your majesty of to deliver a private opinion till he had perused your business, wherein I had part. Wherein, I them. I said I would; and the more willingly, am first humbly to thank your majesty for your because I thought his lordship, upon due consideragood acceptation of my endeavours and service; tion of the papers, would find the case to be so which I am not able to furnish with any other clear a case of treason, as he would make no diffi. quality save faith and diligence.
culty to deliver his opinion in private; and so I For Peacham's case, I have, since my last let- was persuaded of the rest of the judges of the ter, been with my Lord Coke twice; once before King's Bench; who, likewise, as I partly underMr. Secretary's going down to your majesty, and stood, made no scruple to deliver their opinion in once since, which was yesterday ; at the former private. Whereupon, he said, (which I noted of which times I delivered him Peacham's papers, well,) that his brethren were wise men, and that and at this latter, the precedents which I had with they might make a show as if they would give care gathered and selected; for these degrees and an opinion as was required, but the end would be, order the business required.
that it would come to this, they would say they At the former I told him that he knew my doubted of it, and so pray advice with the rest. errand, which stood upon two points; the one, to But to this I answered, that I was sorry to hear inform him the particular case of Peacham's trea- him say so much, lest, if it came so to pass, some sons, ( for I never give it other word to him,) the that loved him not might make a construction that other to receive his opinion to myself, and in that which he had foretold he had wrought. Thus secret, according to my commission from your your majesty sees that, as Solomon saith, "gressus majesty.
nolentis tanquam in sepi spinarum," it catcheth At the former time, he fell upon the same alle upon every thing. gation which he had begun at the council table; The latter meeting is yet of more importance; that judges were not to give opinion by fractions, for, then, coming armed with divers precedents, I but entirely, according to the vote whereupon they thought to set in with the best strength I could, should settle upon conference; and that this auri- and said, that before I descended to the record, I cular taking of opinions, single and apart, was would break the case to him thus: that it was true new and dangerous; and other words more vehe- we were to proceed upon the ancient statute of ment than I repeat.
King Edward the Third, because other temporary I replied in civil and plain terms, that I wished statutes were gone, and therefore it must be said his lordship, in my love to him, to think better of in the indictment, “ imaginatus est, et compassait; for that this, that his lordship was pleased to vit, mortem et finalem destructionem domini regis." put into great words, seemed to me and my fel. Then must the particular treasons follow in this lows, when we spake of it amongst ourselves, a manner, viz. : “ Et quod, ad perimplendum nefanreasonable and familiar matter, for a king to con- dum propositum suum, composuit
, et conscripsit, sult with his judges, either assembled or selected, quendam detestabilem, et venenosum libellum, or one by one; and then to give him a little out- sive scriptum, in quo inter alia proditoria continelet, to save his first opinion, (wherewith he is tur," etc. And then the principal passages of most commonly in love,) I added that judges treason, taken forth of the papers, are to be ensometimes might make a suit to be spared for their tered « in hæc verba ;” and with a conclusion in opinion till they had spoken with their brethren; the end, “ ad intentionem, quod ligeus populus, but if the king, upon his own princely judgment, et veri subditi domini regis, cordialem suum amofor reason of estate, should think fit to have it rem, a domino rege retraherent et ipsum dominum otherwise, and should so demand it, there was no regem relinquerent, et guerram, et insurrectionem, declining; nay, that it touched upon a violation contra eum, levarent, et facerent," etc. I have in of their oath, which was, to counsel the king this former followed the ancient style of the inwithout distinction, whether it were jointly or dictments for brevity's sake, though, when we severally. Thereupon, I put him the case of the come to the business itself, we shall enlarge it privy council, as if your majesty should be pleased according to the use of the later times. This I to command any of them to deliver their opinion represented to him, (being a thing he is well acapart and in private; whether it were a good quainted with,) that he might perceive the platform answer to deny it, otherwise than if it were pro- of that was intended, without any mistaking or pounded at the table. To this he said, that the obscurity. But then I fell to the matter itself, in cases were not alike, because this concerned life. I lock him in as much as I could, viz.:
That there be four means or manners, where- ' putting off is so notorious; and then the capital
under colour of a defective title, for a matter of The third, by subjecting his title to the pope; 4001. The person must be named, because the and thereby making him of an absolute king a patent must be questioned. It is a great person, conditional king.
my Lord of Shrewsbury; or rather (as I think) The fourth, by disabling his regiment, and a greater than he, which is my Lady of Shrewsmaking him appear to be incapable, or indign to bury. But I humbly pray your majesty, to know reign.
this first from my lord treasurer; who, meThese things I relate to your majesty, in sum, thinks, groweth even studious in your business. as is fit; which when I opened to my lord I did God preserve your majesty. Your majesty's insist a little more upon, with more efficacy and most humble and devoted subject and servant. edge, and authority of law and record than I can The rather in regard of Mr. Murray's absence, now express.
I humbly pray your majesty to have a little Then I placed Peacham's treason within the regard to this letter. last division, agreeable to divers precedents, whereof I had the records ready; and concluded, that your majesty's safety, and life, and authority, was thus by law ensconsed and quartered ; and that it was in vain to fortify on three of the A LETTER TO THE KING TOUCHING MY LORD
CHANCELLOR'S AMENDMENT, AND THE PUT. sides, and so leave you open on the fourth.
TING OFF I. S. HIS CAUSE. FEBRUARY 7, 1614. It is true he heard me in a grave fashion, more than accustomed, and took a pen and took notes IT MAY PLEASE YOUR EXCELLENT MAJESTY: of my divisions; and when he read the prece- My lord chancellor sent for me, to speak dents and records, would say, this you mean with me, this morning, about eight of the clock. falleth within your first or your second division. I perceive he hath now that signum sanitatis, as In the end, I expressly demanded his opinion, as to feel better his former weakness. For it is true, that whereto both he and I was enjoined. But I did a little mistrust that it was but a boutade of he desired me to leave the precedents with him, desire and good spirit, when he promised himself that he inight advise upon them. I told him, the strength for Friday, though I was won and carrest of my fellows would despatch their part, and ried with it. But now I find him well inclined, I should be behind with mine; which, I per- to use (should I say) your liberty, or rather your suaded myself, your majesty would impute rather interdict, signified by Mr. Secretary from your to his backwardness than my negligence. He majesty. His lordship showed me also your said, as soon as I should understand that the rest own letter, whereof he had told me before, but Were ready, he would not be long after with his had not showed it me. What shall I say? I do opinion.
much admire your goodness for writing such a For I. S., your majesty knoweth the day draw- letter at such a time. eth on; and my lord chancellor's recovery,
He had sent also to my lord treasurer, to deseason and his age promising not to be too hasty. sire him to come to him about that time. His I spake with him on Sunday, at what time I lordship came; and, not to trouble your majesty found him in bed, but his spirits strong, and not with circumstances, both their lordships conspent or wearied; and spake wholly of your busi- cluded, myself present, and concurring, that it ness leading me from one maiter to another. could be no prejudice to your majesty's service And wished, and seemed to hope, that he might to put off the day for I. S. till the next term. attend the day for I. S., and it were (as he said) The rather because there are seven of your privy to be his last work, to conclude his services and council, which are at least numerous, and part express his affection towards your majesty. I of the court which are by infirmity like to be abpresumed to say to him, that I knew your majesty sent; that is, my lord chancellor, my lord adwould be exceeding desirous of his being present miral, my Lord of Shrewsbury, my Lord of that day, so as that it might be without prejudice Exeter, my Lord Zouch, my Lord Stanhope, and to his continuance; but that otherwise your ma- Mr. Chancellor of the Duchy: wherefore they jesty esteemed a servant more than a service; agreed to hold a council to-morrow in the after. especially such a servant. Surely, in mine opi- noon for that purpose. nion, your majesty were better put off the day than It is true, that I was always of opinion, that it Want his presence, considering the cause of the I was no time lost; and I do think so the rather,