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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,

GER. HELWYSSE,
RANULPHE CREWE, H. YELVERTON.

The true State of the Question, whether PEACH-
AM'S case be treason or not.

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.

36.

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

not.

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 pass. ages 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 here. after; 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

Rawley's
Resuscita-

tio.

to clear him, since nature teaches every man to defend his life as long as he may; and whether, in case there were a doubt herein, the judges should not rather incline to that side wherein all probability lies: but if judges will needs trust better the bare negative of an infamous delinquent, without expressing what other end he could probably have, than all the probabilities, or rather infallible consequences upon the other part, caring more for the safety of such a monster, than the preservation of a crown, in all ages following, whereupon depend the lives of many millions: happy then are all desperate and seditious knaves, but the fortune of this crown is more than miserable. Quod Deus avertat.

CXX. To the KING, touching matter of his majesty's revenue and profit.

It may please your Majesty,

I MAY remember what Tacitus saith, by occasion that Tiberius was often and long absent from Rome. In ùrbe, et parva et magna negotia imperatorem simul premunt: but, saith he, In recessu, dimissis rebus minoris momenti, summæ rerum magnarum magis agitantur. This maketh me think it shall be no incivility to trouble your majesty with business, during your abode from London; knowing that your majesty's meditations are the principal wheel of your estate; and being warranted from a former commandment which I received from you.

I do now only send your majesty these papers inclosed, because I do greatly desire so far forth to preserve my credit with you, as thus, that whereas lately, perhaps out of too much desire, which induceth too much belief, I was bold to say, that I thought it as easy for your majesty to come out of want, as to go forth of your gallery; your majesty would not take me for a dreamer, or a projector; I send your majesty therefore some grounds of my hopes. And for that paper, which I have gathered of increasements sperate, I beseech you to give me leave to think, that if any of the particulars do fail, it will be rather for want of workman

ship in those that shall deal in them, than want of
materials in the things themselves. The other paper
hath many discarding cards; and I send it chiefly,
that your majesty may be the less surprised by pro-
jectors; who pretend sometimes great discoveries and
inventions in things, that have been propounded, and,
perhaps, after a better fashion, long since.
mighty preserve your majesty.

God Al

Your majesty's most humble
and devoted subject and servant,

25 April, 1615.

FR. BACON.

CXXI. To the KING.

Rawley's
Resuscita-

tio.

It may please your excellent Majesty, MR. ST. JOHN his day is past, and well past. I hold it to be Janus Bifrons; it hath a good aspect to that which is past, and to the future; and doth both satisfy and prepare. All did well; my lord chief justice delivered the law for the benevolence strongly; I would he had done it timely. Mr. chancellor of the exchequer spake finely, somewhat after the manner of my late * lord privy seal; not all out so sharp-> Late earl ly, but as elegantly. Sir Thomas Lake, who is also of Northnew in that court, did very well, familiarly and coun-ampton. sellor-like. My lord of Pembroke, who is likewise a stranger there, did extraordinarily well, and became

The chancellor of the exchequer here meant was Sir Fulke Greville, who being early initiated into the court of queen Elizabeth, became a polite and fine gentleman; and in the 18th of king James was created lord Brooke. He erected a noble monument for himself on the north side of Warwick church, which hath escaped the late desolation, with this well-known inscription, "Fulke Greville, servant to queen Elizabeth, counsellor to king "James, and friend to Sir Philip Sidney." Nor is he less remembered by the monument he has left in his writings and poems, chiefly composed in his youth, and in familiar exercises with the gentleman I have before mentioned. Stephens.

7 Sir Thomas Lake was about this time made one of the principal secretaries of state, as he had been formerly Latin secretary to queen Elizabeth, and before that time bred under Sir Francis Walsingham. But in the year 1618, falling into the

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