The dissatisfaction which existed in the community, at the state of the government, now manifested itself in various modes, and was, according to the usual efforts of

the country, of the better sort to follow. Whereupon, their lordships devised and directed letters unto the sheriffs and justices, which declared what was done here above, and wished that the country might be moved, especially men of value. Care was however taken, that that which was then done might not have the effect, no nor the shew, no nor so much as the shadow of a tax: breeding or bringing in, any ill precedent or example. It was not so much as recommended, until many that were never moved nor dealt with, ex mero motu, had freely and frankly sent in their presents. The whole carriage of the business had no circumstance compulsory. There was no proportion or rate set down, not so much as by way of a wish: there was no menace of any that should deny; no reproof of any that did deny, no certifying of the names of any that had denied. It was a benevolence, not an exaction; it was what the subject of his good will would give, not what the King of his good will would take.

Amongst other countries, these letters of the lords came to the justices of Devonshire, who signified the contents thereof, and gave directions and appointments for meetings, concerning the business, to several towns and places within that county, and amongst the rest, notice was given unto the town of A. The mayor of A. conceiving that this Mr. I. S. (being a principal person, and a dweller in that town) was a man likely to give both money and good example, dealt with him, to know his mind; but he, instead of sending an answer, absented himself, and published a seditious accusation against the King and the state, and sent it to the mayor to read at the meeting."

He then divides the libel into four parts, saying, "The

D

power, attempted to be repressed by criminal prosecutions. Amongst others, the Attorney General was employed in the prosecution for high treason of a Mr. Peacham,

first of these, which concerns the King, I have taken to myself, the other three I have distributed to my fellows; and the part which I have selected gives me a just and necessary occasion to make some representation of his majesty, such as truly he is found to be in his government,

"My lords, I do not mean to make any panegyric or laudative, but it is fit to burn incense where evil odours have been cast and raised. The libel says King James is a violator of the liberties, laws, and customs of his kingdoms. I say he is a constant protector and conservator of them all: in maintaining religion; in maintaining the laws of the kingdom, which is the subject's birthright; in temperate use of the prerogative; in due and free administration of justice, and conservation of the peace of the land.

"For religion, he hath maintained it not only with sceptre and sword, but by his pen. He hath awaked and reauthorized the whole party of the reformed religion throughout Europe, which through the insolency, and diverse artifices and enchantments of the adverse part, was dejected. He bath summoned the fraternity of kings to enfranchise themselves from the usurpation of the see of Rome. He hath made himself a mark of contradiction for it.

"I cannot remember religion and the church, but I must think of the seedplots of the same, which are the universities, to which he hath been a benign or benevolent planet, by whose influence those nurseries and gardens of learning were never more in flower nor fruit.

"For the maintaining of the laws, which is the hedge and fence about the liberty of the subject, I may truly He doth concur with leges Angliæ mutare.

affirm it was never in better repair. the votes of the nobles, Nolumus

He is an enemy of innovation; neither doth the univer

a clergyman between sixty and seventy years of age; of Mr. Owen, of Godstow in Oxfordshire, a gentleman of property and respectability; and of William Talbot, an Irish barrister, for maintaining, in different modes, that, if

sality of his own knowledge carry him to neglect or pass over the very forms of the laws of the land.

"As for the use of the prerogative, it runs within the ancient channels and banks; some things that were conceived to be in some proclamations, commissions, and patents as overflows, have been by his wisdom and care reduced, whereby, no doubt, the main channel of his prerogative is so much the stronger; for evermore overflows do hurt the channel.

"As for administration of justice, my lords here of the council and the King himself meddle not (as hath been used in former times) with matters of meum and tuum, but leave them to the King's courts of law or equity; and for mercy and grace (without which there is no standing before justice), we see the King now hath reigned twelve years in his white robe, without almost any aspersion of the crimson die of blood. There sits my Lord Hobart, that served Attorney seven years: I served with him. We were so happy, as there passed not through our hands any one arraignment for treason, and but one for any capital offence, which was that of the Lord Sanquhar; the noblest piece of justice (one of them) that ever came forth in any king's times. As for penal laws, which lie as snares upon the subjects, it yields a revenue that will scarce pay for the parchment of the King's records at Westminster.

"And lastly, for peace; we see manifestly, his majesty bears some resemblance of that great name, a prince of peace; he hath preserved his subjects, during his reign, in peace both within and without, Touching the benevolence, I leave it to others."

the King were excommunicated and deprived by the Pope, it was lawful for any person to kill him.

The prosecution against Peacham was for several treasonable passages in a sermon, found in his study, but never preached, and never intended to be preached. (a)

Doubts being entertained both of the fact with respect to the intention to preach, and of the law supposing the intention to have existed, recourse was had to expedients from which, in these enlightened times, we recoil with horror.

To discover the fact, this old clergyman was put upon the rack, and was examined "before torture, in torture, between torture, and after torture," but no confession was extorted, which was instantly communicated by Bacon to the King. (b)

(a) Cro. Cas. 125.

(b) A Letter to his Majesty, concerning Peacham's cause. It may please your excellent Majesty,-It grieveth me exceedingly, that your majesty should be so much troubled with this matter of Peacham's; 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 must 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, "except 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.

21st January, 1614.

To be certain of the law, the King resolved to obtain the opinions of the judges before the prosecution was commenced. For this purpose, the Attorney General was employed to confer with Sir Edward Coke, Mr. Serjeant Montague to speak with Justice Crooke, Mr. Serjeant

To the King.

May it please your most excellent Majesty,-I send your majesty enclosed a copy of our last examination 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 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 figuræ; 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 impeaching, in whom there is no truth. Notwithstanding that farther inquiry be made of this other Peacham, and that

*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.