NOTE Z Z. 



manded for suffering the popular lawyers to question his prerogative, which was 

 represented as sacred and transcendent, not to be handled or mentioned in 

 vulgar argument. At last, raising his voice to frighten them into submission, 

 he put this question to them severally : &quot; If, at any time, in a case depending 

 before the judges, he conceived it to concern him either in profit or power, and 

 thereupon required to consult with them, and that they should stay proceedings 

 in the mean time, whether they ought not to stay them accordingly 1&quot; They 

 all, the chief justice only excepted, acknowledged it their duty to do so. His 

 answer was, &quot; When such a case happens I will do that which will be fit for a 

 judge to do.&quot; For this noble conduct, for this independent spirit, in resisting 

 an attempt to violate the law, Sir Edward Coke was, as it is termed, disgraced, 

 a censure which reflected more honour upon him than all his preferments. 

 The following letters will exhibit the nature of the proceedings in these times. 



To the King, touching Peacham s business, &c. 



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 endea 

 vours 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 

 Peacharn s papers ; and at this latter the precedents, which I had with care 

 gathered and selected ; for these degrees and order the business required. 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 com 

 monly 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 pmate ; 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 exit um qnatrens, 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. 1 said 1 would. But he desired me 

 to leave the precedents with him, that he might advise upon them. I told him, 

 the rest of my fellows would dispatch 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. 



