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Secondly, the attorney-general sorteth not so well with his present place, being a man timid and scrupulous both in parliament and other business, and one, that in a word was made fit for the late lord treasurer's bent, which was to do little with much formality and protestation: whereas the now solicitor going more roundly to work, and being of a quicker and more earnest temper, and more effectual in that he dealeth in, is like to recover that strength to the king's prerogative, which it hath had in times past, and which is due unto it. And for that purpose there must be brought in to be solicitor some man of courage and speech, and a grounded lawyer; which done, his Majesty will speedily find a marvellous change in his business. For it is not to purpose for the judges to stand well-disposed, except the king's council, which is the active and moving part, put the judges well to it; for in a weapon, what is a back without an edge?

Thirdly, the king shall continue and add reputation to the attorney's and solicitor's place, by this orderly advancement of them; which two places are the champion's places for his rights and prerogative; and being stripped of their expectations and successions to great place, will wax vile; and then his Majesty's prerogative goeth down the wind.

*Sir John Dodderidge was made judge of the king's bench, November 25, 1612, and Sir Augustin Nichols of the common pleas the day following.

The case of this gentleman will render the detail of it necessary for the illustration of this letter; and the circumstances of it, not known in our history, may be thought to deserve the reader's attention. He was a native of the West of England, and a recusant, against whom a proclamation was issued in June 1613, charging him with high treason against the king and state for having published a very scandalous and railing book against his Majesty, under the title of Balaam's Ass, which was dropped in the gallery at Whitehall. Just at the time of publishing this proclamation, he happened to cross the Thames, and inquiring of the watermen what news? they, not knowing him, told him of the proclamation. At landing, he muffled himself up in his cloak, to avoid being known; but had not gone many paces, when one Mr. Maine, a friend of his, meeting and discovering him, warned him of his danger; and being asked what he would advise him to do, recommended it to him to surrender himself; which he did to the earl of Southampton. He denied himself to be the author of the libel: but his study being searched, among his papers were found many parts of the book, together with relics of those persons who had been executed for the gun-powder treason, as one of Sir Everard Digby's fingers, a toe of Thomas Percy, some other part of Catesby or Rookewood, and a piece of one of Peter Lambert's ribs. He was kept prisoner in the Tower till March 1618, when the true author of the libel was discovered to be John Williams, Esq. a barrister of the Middle Temple, who had been expelled the house of commons on account of his being a papist. The discovery was owing to this accident: a pursuivant in want of money, and desirous to get some by his employment, waited at the Spanish ambassador's door, to see if he could light upon any prey. At last came out Mr. Williams, unknown to the pursuivant; but carrying, in his conceit, the countenance of a priest. The pursuivant, therefore, followed him to his inn, where Williams, having mounted his horse, the pursuivant came to him, and told him, that he must speak a word or two with him. "Marry, with all my heart," said Williams; "what is your pleasure ?" "You must light," answered the pursuivant; "for you are a priest." "A priest?" replied Williams; "I have a good warrant to the contrary, for I have a wife and children." Being, however, obliged to dismount, the pursuivant searched him; and in his pocket was found a bundle of papers sealed up; which the pursuivant going to open, Williams made some resistance, pretending they were evidences of a gentleman whose law-businesses be transacted. The pursuivant insisting upon opening the papers, among them was found Balaam's Ass, with new annotations; of which, upon examination, Williams confessed himself to be the author. He was brought

Besides, the remove of my lord Coke to a place of less profit, though it be with his will, yet will be thought abroad a kind of discipline to him for opposing himself in the king's causes; the example whereof will contain others in more awe.

Lastly, whereas now it is voiced abroad touching the supply of places, as if it were a matter of labour, and canvass, and money; and other persons are chiefly spoken of to be the men, and the great suitors; this will appear to be the king's own act, and is a course so natural and regular, as it is without all suspicion of these by-courses, to the king's infinite honour. For men say now, the king can make good second judges, as he hath done lately; but that is no mastery, because men sue to be kept from these places. But now is the trial in those great places, how his Majesty can hold good, where there is great suit and means.

TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, WE have, with all possible care and diligence, considered Cotton's † cause, the former and the

to trial on the 3d of May, 1619, for writing that and another book entitled Speculum Regale; in both of which he had presumed to prophesy, that the king would die in 1621, grounding this prediction on the prophecy of Daniel, where the prophet speaks of time and times, and half a time. He farther af firmed, that antichrist will be revealed when sin shall be at the highest; and then the end is nigh: that such is our time; sin is now at the highest; ergo that the land is the abomination of desolation mentioned by Daniel, and the habitation of devils, and the antimark of Christ's church. Williams's defence was, 1. That what he had written was not with any malice or disloyalty of heart towards the king, but purely from affection, and by way of caution and admonition, that his Majesty might avoid the mischiefs likely to befall him; having added in his book, when he delivered the threats of judgment and destruction, which God avert, or such words. 2. That the matter rested only in opinion and thought, and contained no overt act; no rebellion, treason, or other mischief following it. 3. That he had enclosed his book in a box sealed up, and secretly conveyed it to the king, without ever publishing it. But the court was unanimously of opinion, that he was guilty of high treason; and that the words contained in the libel, as cited above, imported the end and destruction of the king and his realm; and that antichristianism and false religion were maintained in the said realm; which was a motive to the people to commit treasons, to raise rebellions, &c. and that the writing of the book was a publication. Reports of Henry Rolle, serjeant at law, part II. p. 88. In conse quence of this judgment he had a sentence of death passed upon him, which was executed over-against Charing Cross two days after. MS. letters of Mr. Thomas Lorkin to Sir Thomas Puckering, Bart. dated at London, June the 24th and 30th, 1613, and March the 16th, 1618-9, and May the 4th and 5th, 1619, among the Harleian MSS. Vol. 7002. At his death he adhered to his profession of the Roman catholic religion, and died with great resolution. He prayed for the king and prince; and said, that he was sorry for having writ ten so saucily and irreverently; but pretended that he had an inward warrant and particular illumination to understand certain hard passages of Daniel and the Revelation, which made him adventure so far. MS. letter of John Chamberlain, Esq. to Sir Dudley Carleton, dated at London, May 8, 1619.

This case was urged against the seven bishops at their trial in king James II.'s reign by Sir William Williams, then solicitor-general, who observed, Trial, p. 76, that it had been made use of by Mr. Solicitor-general Finch on the trial of Col Sidney, and was the great case relied upon, and that guided and governed that case; though there is nothing of this. that appears in the printed trial of Sidney.

It is but justice to the memory of our great antiquary, Si

present; whereby your Majesty may perceive, that
this miscreant wretch goeth back from all, and de-
nieth 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
figure; 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 im-
peaching, in whom there is no truth. Notwith-
standing, that farther inquiry be made of this other
Peacham, and that information and light be taken
from Mr. Poulett and his servants, I hold it, as
things are, necessary. God preserve your Majesty.
Your Majesty's most humble and devoted subject

and servant,

March 12, 1614.

Supplement of two passages omitted 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 reason itself, which is the second point &c.] 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, &c.

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 excommu

nication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as FR. BACON. 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 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 knights were taken from the bench, and appointed to be of the jury. He defended himself very simply, but obstinately and doggedly enough. But his offence was so foul and scandalous, that he was condemned of high treason; yet not hitherto 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."

of both his names, who was instituted into the vicarage of Ridge in Hertfordshire, July 22, 1581, and resigned it in 1587. [Newcourt, Repertor. 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 Croke remarks in his Reports during the reign of king Charles I. p. 125, ever intended to be preached. Mr. Chamberlain, in a letter of the 9th of February, 1614-15, 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, and will have him prosecuted to the uttermost." In another letter dated February 23, we are informed, that the king, since his coming to London on the 15th, had had "the opinion of the judges severally in Peacham's case; and it is said, that most of them concur to find it treason; yet my lord chief justice [Coke] is for the contrary; and if the lord Hobart, that rides the western circuit, can be drawn to jump with his colleague, 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 2nd of March, 1614-15, Mr. Chamberlain writes, "Peacham's trial at the western assizes is put off, and his 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," adds he in a letter, of the 13th of July 1615, "that hath been this 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 over that circuit the last assizes. Sir Randall Crew, and Sir Henry Yelverton, the king's serjeant and solicitor, are sent down to

*He had been confronted about the end of February, or beginning of March, 1614-15, 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, 1614-15.

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. 12.] 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 excommunicate." MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from London, May 20, 1615.

SIR FRANCIS BACON, TO LORD NORRIS, IN his assistants, before he gave any decree or final or

and not in the midst of his assiduous and incessant | 6. Against the cares and industries in other practices, I think your Majesty shall do your service right. Howsoever, I will be provided against the day.

Thus praying God for your happy preservation, whereof God giveth you so many great pledges,

I rest your Majesty's most humble and devoted
subject and servant,

14. Owen's case.