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published, for that (if your majesty marketh it) taketh away, or at least qualifies the danger of the example; for that will be no man's case.
This is all I can do to thridd your majesty's business with a continual and settled care, turning and returning, not with any thing in the world, save only the occasions themselves, and your majesty's good plea
I had no time to report to your majesty, at your being here, the business referred, touching Mr. John Murray. I find a shrewd ground of a title against your majesty and the patentees of these lands, by the coheir of Thomas earl of Northumberland; for I see a fair deed, I find a reasonable consideration for the making the said deed, being for the advancement of his daughters; for that all the possessions of the earldom were entailed upon his brother; I find it was made four years before his rebellion; and I see some probable cause why it hath slept so long. But Mr. Murray's petition speaketh only of the moiety of one of the coheirs, whereunto if your majesty should give way, you might be prejudiced in the other moiety. Therefore, if Mr. Murray can get power of the whole, then it may be safe for your majesty to give way to the trial of the right; when the whole shall be submitted to you.
Mr. Murray is my dear friend; but I must cut even in these things, and so I know he would himself wish no other. God preserve your majesty. Your majesty's most humble and devoted subject and servant,
Febr. the 28th, 1614.
CXIX. Sir FRANCIS BACON to King James.
Sir David Dalrymple's Memorials
ters, p. 32.
May it please your Majesty, I SEND your majesty inclosed a copy of our last and Letexamination of Peacham, taken the 10th of this present, whereby your majesty may perceive, that this miscreant wretch goeth back from all, and denieth his hand and all. No doubt, being fully of belief that he shall go presently down to his trial, he meant now to
repeat his part which he purposed to play in the country,
Your majesty's most humble
March the 12, 1614.
Sir David The Examination of EDMUND PEACHAM at the
Tower, March 10, 1614.
BEING asked, when he was last at London, and where he lodged when he was there? he saith he was last at London after the end of the last parliament, but where he lodged, he knoweth not.
Being asked, with what gentlemen, or others in London, when he was here last, he had conference and speech withal? he saith he had speech only with Sir Maurice Berkeley, and that about the petitions only, which had been before sent up to him by the people of the country, touching the apparitors and the griev ances offered the people by the court of the officials.
Being asked, touching one Peacham, of his name, what knowledge he had of him, and whether he was
not the person that did put into his mind divers of those traiterous passages which are both in his loose and contexted papers? he saith this Peacham, of his name, was a divine, a scholar, and a traveller; and that he came to him some years past, the certainty of the time he cannot remember, and lay at this examinate's house a quarter of a year, and took so much upon him, as he had scarce the command of his own house or study; but that he would be writing, sometimes in the church, sometimes in the steeple, sometimes in this examinate's study; and now saith farther, that those papers, as well loose as contexted, which he had formerly confessed to be of his own hand, might be of the writing of the said Peacham ; and saith confidently, that none of them are his own hand-writing or inditing; but whatsoever is in his former examinations, as well before his majesty's learned council, as before my lord of Canterbury, and other the lords, and others of his majesty's privy council, was wholly out of fear, and to avoid torture, and not otherwise.
Being required to describe what manner of man the said Peacham that lay at his house was; he saith that he was tall of stature, and can make no other description of him, but saith, as he taketh it, he dwelleth sometimes at Honslow as a minister; for he hath seen his letters of orders and licence under the hand of Mr. D. Chatterton, sometime bishop of Lincoln. He denieth to set his hand to this examination.
Examinat per FR. BACON,
The true State of the Question, whether PEACH-
In the hand-writing of his King James. THE indictment is grounded upon the statute of Edward the third, that he compassed and imagined the king's death; the indictment then is according to the law, and justly founded. But how is it verified? First, then, I gather this conclusion, that since the indictment is made according to the prescription of law,
Sir David Dalrymple's Memorials, p.
the process is formal, the law is fulfilled, and the judge and jury are only to hearken to the verification of the hypothesis, and whether the minor be well proved or
That his writing of this libel is an overt act, the judges themselves do confess that it was made fit for publication, the form of it bewrays the self; that he kept not these papers in a secret and safe façon, (manner) but in an open house and lidless cask, both himself and the messenger do confess; nay, himself confesseth, that he wrote them at the desire of another man, to whom he should have shown them when they had been perfected, and who craved an account for them, which, though it be denied by the other party, worketh sufficiently against the deponer himself. Nay, he confesses, that in the end he meant to preach it; and though, for diminishing of his fault, he alledges, that he meant first to have taken all the bitterness out of it, that excuse is altogether absurd, for there is no other stuff in, or through it all, but bitterness, which being taken out, it must be a quintessence of an alchimy spirit without a body, or popish accidents without a substance; and then to what end would he have published such a ghost, or shadow without substance, cui bono; and to what end did he so farce (stuff) it first with venom, only to scrape it out again; but it had been hard making that sermon to have tasted well, that was once so spiced, quo semel est imbuta recens, etc. But yet this very excuse is by himself overthrown again, confessing, that he meant to retain some of the most crafty malicious parts in it, as, etc. [So the manuscript.]
The only question that remains then is, whether it may be verified and proved, that, by the publishing of this sermon or rather libel of his he compassed or imagined the king's death: which I prove he did by this reason; had he compiled a sermon upon any other ground, or stuffed the bulk of it with any other matter, and only powdered it here and there, with some passages of reprehension of the king; or had he never so bitterly railed against the king, and upbraided him of any two or three, though monstrous vices, it might yet
have been some way excusable; or yet had he spued forth all the venom that is in this libel of his, in a railing speech, either in drunkenness, or upon the occasion of any sudden passion or discontentment, it might likewise have been excused in some sort; but upon the one part, to heap up all the injuries that the hearts of men, or malice of the devil, can invent against the king, to disable him utterly, not to be a king, not to be a Christian, not to be a man, or a reasonable creature, not worthy of breath here, nor salvation hereafter; and, upon the other part, not to do this hastily or rashly, but after long premeditation, first having made collections in scattered papers, and then reduced it to a method, in a formal treatise, a text chosen for the purpose, a prayer premitted, applying all his wits to bring out of that text what he could, in malam partem, against the king.
This, I say, is a plain proof that he intended to compass or imagine, by this means, the king's destruction. For, will ye look upon the person or quality of the man, it was the far likeliest means he could use to bring his wicked intention to pass; his person an old, unable, and unweildly man; his quality a minister, a preacher; and that in so remote a part of the country, as he had no more means of access to the king's person than he had ability of body, or resolution of spirit, to act such a desperate attempt with his own hands upon him; and therefore, as every creature is ablest, in their own element, either to defend themselves, or annoy their adversaries, as birds in the air, fishes in the water, and so forth, what so ready and natural means had he whereby to annoy the king as by publishing such a seditious libel? and so, under the specious pretext of conscience, to inflame the hearts of the people against him. Now, here is no illation nor inference made upon the statute, it stands in puris naturalibus, but only a just inference and probation of the guilty intention of this party. So the only thing the judges can doubt of, is of the delinquent's intention; and then the question will be, whether if these reasons be stronger to enforce the guiltiness of his intention, or his bare denial