TRIAL OF PEACHAM. 



Crew with Justice Houghton, and Mr. Solicitor with Jus 

 tice Dodderidge, who were instructed by Bacon that they 

 should presently speak with the three judges, before he 

 could see Coke; and that they should not in any case 

 make any doubt to the judges, as if they mistrusted they 

 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. The three judges very readily gave their opinions ; 

 but with Sir Edward Coke the task was not so easy : for 

 his high and independent spirit refused to submit to these 

 private conferences, contrary, as he said, to the custom of 

 the realm, which requires the judges not to give opinion 

 by fractions, but entirely and upon conference; and that 

 this auricular taking of opinions, single and apart, was new 

 and dangerous, (a) 



information and light be taken from Mr. Poulet* and 

 his servant, I hold it, as things are, necessary. God pre 

 serve your majesty. Your Majesty s most humble and 

 devoted subject and servant, FR. BACON. 



March 12, 1614. 



(a) Sir Matthew Hale would never suffer his opinion in any case to be 

 known till he was obliged to declare it judicially; and he concealed his 

 opinion in great cases so carefully, that the rest of the judges in the same 

 court could never perceive it : his reason was, because every judge ought 

 to give sentence according to his own persuasion and conscience, and not 

 to be swayed by any respect or deference to another man s opinion; and 

 by his means it hath happened sometimes, that when all the barons of the 

 Exchequer had delivered their opinions, and agreed in their reasons and 

 arguments, yet he coming to speak last, and differing in judgment from 

 them, hath expressed himself with so much weight and solidity, that the 

 barons have immediately Detracted their votes and concurred with him. 



* 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. 



