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bench, their several opinions, by distributing ourselves and enjoining secresy; we did first find an encounter in the opinion of my lord Coke, who seemed to affirm, that such particular and, as he called it, auricular taking of opinions was not according to the custom of this realm; and seemed to divine, that his brethren would never do it. But when I re

Peacham, whose raging devil seemeth to be turned into a dumb devil. But although we are driven to make our way through questions, which I wish were otherwise, yet, I hope well, the end will be good. But then every man must put to his helping hand; for else I may say to your Majesty, in this and the like cases, as St. Paul said to the centurion, when some of the mariners had an eye to the cock-boat, "Ex-plied, that it was our duty to pursue your Majesty's cept these stay in the ship ye cannot be safe." I find in my lords great and worthy care of the business: And for my part, I hold my opinion and am strengthened in it by some records that I have found. God preserve your Majesty.

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

Jan. 21, 1614.

FR. BACON.

directions, and it were not amiss for his lordship to leave his brethren to their own answers; it was so concluded: and his lordship did desire that I might confer with himself; and Mr. Serjeant Montague was named to speak with Justice Crook; Mr. Serjeant Crew with Justice Houghton; and Mr. Solicitor with Justice Dodderidge. This done, I took my fellows aside, and advised that they should presently speak with the three judges, before I could speak with my lord Coke, for doubt of infusion; and that they should not in any case make

CXII. TO THE KING, TOUCHING PEACHAM'S any doubt to the judges, as if they mistrusted they

CAUSE.*

IT MAY PLEASE YOUR EXCELLENT MAJESTY, THIS day in the afternoon was read your Majesty's letters of direction touching Peacham ;† which because it concerneth properly the duty of my place, I thought it fit for me to give your Majesty both a speedy and a private account thereof; that your Majesty, knowing things clearly how they pass, may have the true fruit of your own wisdom and clear-seeing judgment in governing the business. First, for the regularity which your Majesty, as a master in business of estate, doth prudently prescribe 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.

For the course your Majesty directeth and commandeth for the feeling of the judges of the king's Rawley's Resuscitatio.

Peacham was accused of having inserted several treasonable passages in a sermon; but in a sermon never preached, nor intended to be made public: it had been taken out of his study. The king would have the judges give their opinion of this affair privately and apart; which my lord Coke refused to do, as a thing of dangerous tendency. Peacham was found guilty of high treason; as was Algernon Sidney for the like crime, in Charles the second's time.

Sir John Dodderidge was born in Devonshire, and successively admitted in Exeter college, Oxford, and the Middle Temple, London: where having acquired the reputation of being a very great common and civil lawyer, as well as a geLeral scholar, he was made serjeant at law 1 Jacobi, then the king's solicitor, and after that the king's serjeant, till he was advanced to be one of the judges of the king's bench; where he sat many years. He died 13 Sept. 1628, in the 73rd year of his age, and was succeeded by Sir George Crook, who tells Sir John Dodderidge was a man of great knowledge, as well in the common law, as in other sciences, and divinity. Stephens.

Sir John Crook, eldest son of John Crook, of Chilton in Buckinghamshire, inherited his father's virtues and fortunes; and was very famous for his wisdom, eloquence, and knowledge in our laws: who being speaker in the house of commons in the last parliament of queen Elizabeth, had from her this commendation at the end thereof; that he had proceeded therein with such wisdom and discretion, that none before him had deserved better. After he had been recorder of London, and serjeant at law, he was 5 Jacobi made one of the justices of the king's bench; where he continued till his death, 23 Jan. 1619. He was brother to Sir George Crook, so well known to the professors of the common law by his three large volumes of Reports: which Sir George was one of the judges of the court of common pleas, in the latter end of the reign of King James, and in a few years after removed into the king's

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would not deliver any opinion apart, but speak resolutely to them, and only make their coming to be, to know what time they would appoint to be attended with the papers. This sorted not amiss; for Mr. Solicitor came to me this evening, and related to me that he had found judge Dodderidge very ready to give opinion in secret; and fell upon the same reason which upon your Majesty's first letter I had used to my lord Coke at the council-table: which was, that every judge was bound expressly by his oath, to give your Majesty counsel when he was called; and whether he should do it jointly or severally, that rested in your Majesty's good pleasure, as you would require it. And though the ordinary course was to assemble them, yet there might intervene cases, wherein the other course was more convenient. The like answer made justice Crook.§ Justice Houghton, who is a soft man,|| seemed desirous first bench; where he sat till the year 1641, when by reason of his great age and infirmities, the king at his own request gave him a gracious discharge, as appears in the preface to one of his books, where a due character is given of his virtues by his son-in-law Sir Harbottle Grimston, late master of the rolls. But certainly nothing can raise in us a more lively idea of his merit, than part of a letter written to the duke of Buckingham, by the bishop of Lincoln, lord keeper of the great seal, which I copied from his own hand.

"Westminster coll. Feb. 11, 1624.

"May it please your Grace,

"I will not trouble your Grace with any long congratulation for the honour your Grace hath gained, in the preferring of this most worthy man Sir George Crook to a judge his place. I know you must meet with the applause of this act from every man that cometh from hence. In good faith I never observed in all my small experience any accident in this kind, so generally and universally accompanied with the acclamation of all kind of people.

"I am importuned, by the rest of the judges of the common pleas, to return their most humble and hearty thanks to the king's Majesty for his choice, and to assure his Majesty, that though his Majesty hath been extraordinary fortunate, above all his predecessors, in the continual election of most worthy judges: yet hath his Majesty never placed upon any bench a man of more integrity and sufficiency than this gentleman: for which act they do with tears in their eyes praise and bless him." Stephens.

This expression is to be understood in a favourable sense, since Sir George Crook gives a more than ordinary character of him. Mem. That in Hilary term, 21 Jac. Sir Robert Houghton died at Serjeant's-Inn in Chancery-lane, being a most reverend, prudent, learned, and temperate judge, and inferior to none of his time. Stephens.

to confer; alleging that the other three judges had all served the crown before they were judges, but that he had not been much acquainted with business of this nature.

We purpose therefore forthwith, they shall be made acquainted with the papers; and if that could be done as suddenly as this was, I should make small doubt of their opinions: and howsoever, I hope, force of law and precedent will bind them to the truth neither am I wholly out of hope, that my lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not continue singular.

For Owen, I know not the reason why there should have been no mention made thereof in the last advertisement: for I must say for myself, that I have lost no moment of time in it, as my lord of Canterbury can bear me witness. For having received from my lord an additional of great importance; which was, that Owen of his own accord after examination should compare the case of your Majesty, if you were excommunicate, to the case of a prisoner condemned at the bar; which additional was subscribed by one witness; but yet I perceived it was spoken aloud, and in the hearing of others; I presently sent down a copy thereof, which is now come up, attested with the hands of three more, lest there should have been any scruple of singularis testis; so as for this case I may say, omnia parata; and we expect but a direction from your Majesty for the acquainting the judges severally; or the four judges of the king's bench, as your Majesty shall think good.

somewhat a naked and particular account of busi-
ness, I hope your Majesty will use it accordingly.
God preserve your Majesty.

Your Majesty's most humble and devoted subject
and servant,
FR. BACON.

Jan. 27, 1614.

CXIII. TO THE KING, REPORTING THE
STATE OF LORD CHANCELLOR ELLES-
MERE'S HEALTH.*

IT MAY PLEASE YOUR EXCELLENT MAJESTY, BECAUSE I know your Majesty would be glad to hear how it is with my lord chancellor, and that it pleased him out of his ancient and great love to me, which many times in sickness appeareth most, to admit me to a great deal of speech with him this afternoon, which during these three days he had scarcely done to any, I thought it might be pleasing to your Majesty to certify you how I found him. I found him in bed, but his spirits fresh and good, speaking stoutly, and without being spent or weary; and both willing and beginning of himself to speak, but wholly of your Majesty's business; wherein I cannot forget to relate this particular; that he wished that his sentencing of O. S.† at the day appointed, might be his last work, to conclude his services, and express his affection towards your Majesty. I told him, I knew your Majesty would be very desirous of his presence that day, so it might be without prejudice; but otherwise your Majesty esteemed a servant more than a service, especially such a servant. Not to trouble your Majesty, though good spirits in sickness be uncertain kalendars, yet I have very good comfort of him, and I hope by that day, &c.

January 29, 1614.

CXIV. TO THE KING, TOUCHING PEACHAM'S
BUSINESS, &c.‡

I forget not, nor forslow not, your Majesty's commandment touching recusants; of which, when it is ripe, I will give your Majesty a true account, and what is possible to be done, and where the impediment is. Mr. Secretary bringeth bonam voluntatem, but he is not versed in these things: and sometimes urgeth the conclusion without the premises, and by haste hindereth. It is my lord treasurer and the exchequer must help it, if it be holpen. I have heard more ways than one, of an offer of 20,000. per annum, for farming the penalties of recusants, not including any offence capital or of premunire: wherein I will presume to say, that my poor endeavours, since I was by your great and sole grace your attorney, have been no small spurs to make them feel your laws, and seek this redemption; wherein I must also say, my lord Coke hath done his part. And I do assure your Majesty, I know it somewhat inwardly and groundedly, that by the courses we have taken they conform daily and in great numbers; and I would to God it were as well a conversion as a conformity: but if it should die by dispensation or dissimulation, then I fear that whereas your Majesty hath now so many ill subjects | poor and detected, you shall then have them rich and dissembled. And therefore I hold this offer very considerable of so great an increase of revenue: if it can pass the fiery trial of religion and honour, which I wish all projects may pass. Thus, inasmuch as I have made to your Majesty the business required. Rawley's Resuscitatio.

IT MAY PLEASE your excellent Majesty, I RECEIVED this morning, by Mr. Murray, a message from your Majesty, of some warrant and confidence that I should advertise your Majesty of your business, wherein I had part: wherein I am first humbly to thank your Majesty for your good acceptation of my endeavours and service, which I am not able to furnish with any other quality, save faith and diligence.

For Peacham's case, I have, since my last letter, been with my lord Coke twice; once before Mr. Secretary's going down to your Majesty, and once since, which was yesterday at the former of which times I delivered him Peacham's papers; and at this latter the precedents, which I had with care gathered and selected for these degrees and order

Mr. Oliver St. John.

:

Rawley's Resuscitatio.

At the former I told him that he knew my errand, | which stood upon two points; the one to inform him of the particular case of Peacham's treasons, for I never give it other word to him, the other, to receive his opinion to myself, and in secret, according to my commission from your Majesty.

At the former time he fell upon the same allegation which he had begun at the council-table; that judges were not to give opinion by fractions, but entirely according to the vote whereupon they should settle upon conference: and that this auricular taking of opinions, single and apart, was new and dangerous; and other words more vehement than I repeat.

I replied in civil and plain terms, that I wished his lordship, in my love to him, to think better of it; for that this, that his lordship was pleased to put into great words, seemed to me and my fellows, when we spake of it amongst ourselves, a reasonable and familiar matter, for a king to consult with his judges, either assembled or selected, or one by one. And then to give him a little outlet to save his first opinion, wherewith he is most commonly in love, I added, that judges sometimes might make a suit to be spared for their opinion, till they had spoken with their brethren; but if the king, upon his own princely judgment, for reason of estate, should think it fit to have it otherwise, and should so demand it, there was no declining: nay, that it touched upon a violation of their oath, which was to counsel the king, without distinction whether it were jointly or severally. Thereupon, I put him the case of the privy council, as if your Majesty should be pleased to command any of them to deliver their opinion apart and in private; whether it were a good answer to deny it, otherwise than if it were propounded at the table. To this he said, that the cases were not alike, because this concerned life. To which I replied, that questions of estate might concern thousands of lives, and many things more precious than the life of a particular; as war, and peace, and the like.

To conclude, his lordship "tanquam exitum quærens," desired me for the time to leave with him the papers, without pressing him to consent to deliver a private opinion till he had perused them. I said I would; and the more willingly, because I thought his lordship, upon due consideration of the papers, would find the case to be so clear a case of treason, as he would make no difficulty to deliver his opinion in private; and so I was persuaded of the rest of the judges of the king's bench, who likewise, as I partly understood, made no scruple to deliver their own opinion in private; whereunto he said, which I noted well, that his brethren were wise men, and that they might make a show as if they would give an opinion, as was required; but the end would be, that it would come to this: they would say, they doubted of it, and so pray advice with the rest. But to this I answered, that I was sorry to hear him say so much, lest, if it came so to pass, some that loved him not might make a construction, that that which he had foretold, he had wrought. Thus your Majesty sees, that, as Solomon saith, “Gressus no

lentis tanquam in sepi spinarum," it catcheth upon every thing.

The latter meeting is yet of more importance; for then, coming armed with divers precedents, I thought to set in with the best strength I could, and said, that before I descended to the record, I would break the case to him thus: That it was true we were to proceed upon the ancient statute of king Edward the third, because other temporary statutes were gone; and therefore it must be said in the indictment, " Imaginatus est et compassavit mortem et finalem destructionem domini regis:" then must the particular treasons follow in this manner, namely, "Et quod ad perimplendum nefandum propositum suum, composuit et conscripsit quendam detestabilem et venenosum libellum, sive scriptum, in quo, inter alia proditoria, continetur, etc." And then the principal passages of treason, taken forth of the papers, are to be entered in hæc verba; and with a conclusion in the end, "Ad intentionem quod ligeus populus et veri subditi domini regis cordialem suum amorem a domino rege retraherent, et ipsum dominum regem relinquerent, et guerram et insurrectionem contra eum levarent et facerent, etc." I have in this form followed the ancient style of the indictments for brevity sake, though when we come to the business itself, we shall enlarge it according to the use of the later times. This I represented to him, being a thing he is well acquainted with, that he might perceive the platform of that was intended, without any mistaking or obscurity. But then I fell to the matter itself, to lock him in as much as I could, namely,

That there be four means or manners, whereby the death of the king is compassed and imagined. The first by some particular fact or plot.

The second, by disabling his title; as by affirming, that he is not lawful king; or that another ought to be king; or that he is an usurper, or a bastard, or the like.

The third, by subjecting his title to the pope ; and thereby making him of an absolute king a conditional king.

The fourth, by disabling his regiment, and making him appear to be incapable or indign to reign.

These things I relate to your Majesty in sum, as is fit: which, when I opened to my lord, I did insist a little more upon, with more efficacy and edge, and authority of law and record than I can now express.

Then I placed Peacham's treason within the 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 insconced and quartered; and that it was in vain to fortify on three of the sides, and so leave you open on the fourth.

It is true, he heard me in a grave fashion more than accustomed, and took a pen and took notes of my divisions; and when he read the precedents and records, would say, This you mean, falleth within your first, or your second, division. In the end I expressly demanded his opinion, as that whereto both he and I were enjoined. But he desired me

to leave the precedents with him, that he might say to him, that I knew your Majesty would be exadvise upon them. I told him, the rest of my fel-ceeding desirous of his being present that day, so lows would despatch their part, and I should be behind with mine; which I persuaded myself your Majesty would impute rather to his backwardness than my negligence. He said, as soon as I should understand that the rest were ready, he would not be long after with his opinion.

For Mr. St. John, your Majesty knoweth, the day draweth on; and my lord chancellor's recovery, the season, and his age, promising not to be too hasty. I spake with him on Sunday, at what time I found him in bed, but his spirits strong, and not spent or wearied, and spake wholly of your business, leading me from one matter to another; and wished and seemed to hope, that he might attend the day for O. S. and it were, as he said, to be his last work, to conclude his services, and express his affection towards your Majesty. I presumed to

That she was a woman of intrigue, and, as Camden says in his Annals of King James, "rebus turbandis nata," will appear from her conduct relating to the king's and her kinswoman the lady Arabella: for having been the great instrument of her marriage with Sir William Seymour, afterwards earl and marquis of Hertford, and of procuring her escape from the Tower; she was convened before the privy council, for refusing to give any answer in a matter which so nearly concerned the state: she was fined in the star-chamber, and the charge which was then given against her, printed in the Cabala, p. 369, was, I doubt not, says Mr. Stephens, made by Sir Francis Bacon. But as if this was not a sufficient warning, she afterwards reported that the lady Arabella left a child by her husband; for which and her repeated obstinacy she incurred a greater censure in the same court. That charge, whether Sir Francis Bacon's or not, is as follows:

as that it might be without prejudice to his continuance; but that otherwise your Majesty esteemed a servant more than a service, especially such a servant. Surely in mine opinion your Majesty were better put off the day than want his presence, considering the cause of the putting off is so notorious; and then the capital and the criminal may come together the next term.

I have not been unprofitable in helping to discover and examine, within these few days, a late patent, by surreption obtained from your Majesty, of the greatest forest in England, worth 30,000. under colour of a defective title, for a matter of 400. The person must be named, because the patent must be questioned. It is a great person, my lord of Shrewsbury; or rather, as I think, a greater than he, which is my lady of Shrewsbury.

And accordingly hath been the practice both of the wisest and stoutest princes to hold for matter pregnant of peril, to have any near them in blood to fly into foreign parts. Wherein I will not wander; but take the example of king Henry the seventh, a prince not unfit to be paralleled with his Majesty; I mean not the particular of Perkin Warbeck, for he was but an idol or a disguise; but the example I mean, is that of the earl of Suffolk, whom the king extorted from Philip of Austria. The story is memorable, that Philip, after the death of Isabella, coming to take possession of his kingdom of Castile, which was but matrimonial to his father-in-law Ferdinando of Aragon, was cast by weather upon the coast of Weymouth, where the Italian story saith, king Henry used him in all things else as a prince, but in one thing as a prisoner; for he forced upon him a promise to restore the earl of Suffolk that was fled into Flanders: and yet this I note was in the 21st year of his reign, when the king had a goodly prince at man's estate, besides his daughters, nay, and the whole line of Clarence nearer in title; for that earl of Suffolk was descended of a sister of Edward the fourth : so far off did that king take his aim. To this action of so deep consequence, it appeareth, you, my lady of Shrewsbury, were privy, not upon foreign suspicions or strained inferences, but upon vehement presumptions, now clear and particular testimony, as hath been opened to you; so as the king had not only reason to examine you upon it, but to have proceeded with you upon it as for a great contempt; which if it be reserved for the present, your ladyship is to understand it aright, that it is not defect of proof, My lady notwithstanding, extremely ill-advised, transacted but abundance of grace, that is the cause of this proceeding; the most weighty and binding part and action of her life, and your ladyship shall do well to see into what danger you which is her marriage, without acquainting his Majesty; have brought yourself. All offences consist of the fact which which had been a neglect even to a niean parent: but being is open, and the intent which is secret: this fact of conspiring to our sovereign, and she standing so near to his Majesty as in the flight of this lady may bear a hard and gentler conshe doth, and then choosing such a condition as it pleased her struction; if upon overmuch affection to your kinswoman, to choose, all parties laid together, how dangerous it was, my gentler; if upon practice or other end, harder: you must take lady might have read it in the fortune of that house wherewith heed how you enter into such actions; whereof if the hidden she is matched; for it was not unlike the case of Mr. Sey-part be drawn into that which is open, it may be your overmour's grandmother.

Your lordships do observe the nature of this charge: my lady of Shrewsbury, a lady wise, and that ought to know what duty requireth, is charged to have refused, and to have persisted in refusal to answer, and to be examined in a high cause of state being examined by the council-table, which is a representative body of the king. The nature of the cause, upon which she was examined, is an essential point, which doth aggravate and increase this contempt and presumption; and therefore of necessity with that we must begin.

How graciously and parent-like his Majesty used the lady Arabella before she gave him cause of indignation, the world knoweth.

The king nevertheless so remembered he was a king, as he forgot not he was a kinsman, and placed her only " sub libera custodia."

But now did my lady accumulate and heap up this offence with a far greater than the former, by seeking to withdraw herself out of the king's power into foreign parts.

That this flight or escape into foreign parts might have been seed of trouble to this state, is a matter whereof the conceit of a vulgar person is not uncapable.

For although my lady should have put on a mind to continue her loyalty, as nature and duty did bind her; yet when she was in another sphere, she must have moved in the motion of that orb, and not of the planet itself: and God forbid the king's felicity should be so little, as he should not have envy and enviers enough in foreign parts.

It is true, if any foreigner had wrought upon this occasion, I do not doubt but the intent would have been, as the prophet saith, "they have conceived mischief, and brought forth a vain thing." But yet your lordships know that it is wisdom in princes, and it is a watch they owe to themselves and to their people, to stop the beginnings of evils, and not to despise them. Seneca saith well, "Non jam amplius levia sunt pericula, si levia videantur;" dangers cease to be light, because by despising they grow and gather strength.

throw; which I speak not by way of charge, but by way of caution.

For that which you are properly charged with, you must know that all subjects, without distinction of degrees, owe to the king tribute and service, not only of their deed and hand, but of their knowledge and discovery.

If there be any thing that imports the king's service, they ought themselves undemanded to impart it; much more if they be called and examined; whether it be of their own fact or of another's, they ought to make direct answer: neither was there ever any subject brought in causes of estate to trial judicial, but first he passed examination; for examination is the entrance of justice in criminal causes; it is one of the eyes of the king's politic body; there are but two, information and examination; it may not be endured that one of the lights be put out by your example.

Your excuses are not worthy your own judgment; rash vows of lawful things are to be kept, but unlawful vows not; your own divines will tell you so. For your examples, they are some erroneous traditions. My lord of Pembroke spake somewhat that he was unlettered, and it was but when he was examined by one private counsellor, to whom he took exception; that of my lord Lumley is a fiction; the pre-eminences of nobility I would hold with to the last grain; but every day's experience is to the contrary: nay, you may learn

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a disjunctive, that the judges should deliver an opinion privately, either to my lord chancellor, or to ourselves distributed: his sickness made the latter way to be taken; but the other may be reserved with some accommodating, when we see the success of the former.

I am appointed this day to attend my lord treasurer for a proposition of raising profit and revenue by enfranchising copy-holders. I am right glad to see the patrimonial part of your revenue well looked into, as well as the fiscal: and I hope it will so be in other parts as well as this. God preserve your Majesty.

Your Majesty's most humble, and devoted
subject and servant,
FR. BACON.

Feb. 7, 1614.

CAUSE, &c.‡

this morning, about eight of the clock. I perceive CXVI. TO THE KING, CONCERNING OWEN'S he hath now that signum sanitatis, as to feel better his former weakness: for it is true, I did a little mistrust that it was but a boutade of desire and good spirit, when he promised himself strength for Friday, though I was won and carried with it. But now I find him well inclined to use, should I say, your liberty, or rather your interdict, signified by Mr. Secretary from your Majesty. His lordship showed me also your own letter, whereof he had told me before, but had not showed it me. What shall I say? I do much admire your goodness for writing such a letter at such a time.

He had sent also to my lord treasurer, to desire him to come to him about that time. His lordship came; and, not to trouble your Majesty with circumstances, both their lordships concluded, myself present and concurring, That it could be no prejudice to your Majesty's service to put off the day for Mr. St. John † till the next term: the rather, because there are seven of your privy council, which are at least numerus and part of the court, which are by infirmity like to be absent; that is, my lord chancellor, my lord admiral, my lord of Shrewsbury, my lord of Exeter, my lord Zouch, my lord Stanhope, and Mr. Chancellor of the duchy; wherefore they agreed to hold a council to-morrow in the afternoon for that purpose.

It is true, that I was always of opinion that it was no time lost; and I do think so the rather, because I could be content, that the matter of Peacham were first settled and put to a point. For there be, perchance, that would make the example upon Mr. St. John to stand for all. For Peacham, I expect | some account from my fellows this day; if it should fall out otherwise, then I hope it may not be left so. Your Majesty, in your last letter, very wisely put in

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IT MAY PLEASE YOUR EXCELLENT MAJESTY, MYSELF, with the rest of your counsel learned, conferred with my lord Coke, and the rest of the judges of the king's bench only, being met at my lord's chamber, concerning the business of Owen. For although it be true, that your Majesty in your letter did mention that the same course might be held in the taking of opinions apart in this, which was prescribed and used in Peacham's cause; yet both my lords of the council, and we amongst ourselves, holding it, in a case so clear, not needful; but rather that it would import a diffidence in us, and deprive us of the means to debate it with the judges, if cause were, more strongly, which is somewhat, we thought best rather to use this form.

The judges desired us to leave the examinations and papers with them for some little time, to consider, which is a thing they use, but I conceive, there will be no manner of question made of it. My lord chief justice, to show forwardness, as I interpret it, showed us passages of Suarez and others, thereby to prove, that though your Majesty stood not excommunicate by particular sentence, yet by the general bulls of Cœna Domini, and others, you were upon the matter excommunicate; and therefore, that the treason was as de præsenti. But I (that foresee that if that course should be held, when it cometh to a public day, to disseminate to the vulgar an opinion, that your Majesty's case is all one, as if you were de facto particularly and expressly excommunicate, it would but increase the danger of your person with those that are desperate papists, and that it is needless) commended my lord's diligence, but withal put it by; and fell upon the other course,

champ, dated June 4, 1611, who had made their escape the day before. Rymer, XVI. p. 710. Stephens.

Rawley's Resuscitatio.

In 1614, a benevolence was set on foot. Mr. Oliver St. John gave his opinion publicly, that it was against law, reason, and religion; for which he was condemned in a fine of five thousand pounds, and to be imprisoned during the king's pleasure. Rawley's Resuscitatio.

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