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by this writing, I will the gratulation be to the good | amples of strange victories over the body in every friendship and acquaintance between us two: and so I commend you to God's divine protection.

of these. Nay, in respiration, the proof hath been of some who by continual use of diving and working under the water, have brought themselves to be able to hold their breath an incredible time: and others that have been able, without suffocation, to endure the stifling breath of an oven or furnace so heated as though it did not scald nor burn, yet it was many degrees too hot for any man not made to it to breathe or take in. And some impostors and counterfeits likewise have been able to wreathe and cast their bodies into strange forms and motions; yea, and others to bring themselves into trances and astonishments. All which examples do demonstrate how variously and to how high points and degrees the body of man may be as it were molded and wrought. And if any man conceive that it is some secret propriety of nature that hath been in those persons which have attained to those points, and that it is not open for every man to do the like, though he had been put to it; for which cause such things come but very rarely to pass: it is true no doubt but some persons are apter than others; but so as the more aptness causeth perfection, but the less aptness doth not disable: so that, for example, the more apt child, that is taken to be made a funambulo, will prove more excellent in his feats; but the less apt will be gregarius funambulo also. And there is small question, but that these abilities would have been more common, and others of like sort, not attempted, would likewise have been brought upon the stage, but for two reasons: the one, because of men's diffidence in prejudging them as impossibilities; for it holdeth in those things which the poet saith, "possunt, quia posse videntur;" for no man shall know how much may be done except he believe much may be done. The other reason is, because they be but practices base and inglorious, and of no great use, and therefore sequestered from reward of value, and on the other side painful; so as the recompence balanceth not with the travel and suffering. And as to the will of man, it is that which is most maniable and obedient; as that which admitteth most medicines to cure and alter it. The most sovereign of all is religion, which is able to change and transform it in the deepest and most inward inclinations and motions, and next to that is opinion and apprehension, whether it be infused by tradition and institution, or wrought in by disputation and persuasion; and the third is example, which transformeth the will of man into the similitude of that which is most observant and familiar towards it; and the fourth is, when one affection is healed and corrected by another, as when cowardice is remedied by shame and dishonour, or sluggishness and backwardness by indignation and emulation, and so of the like; and lastly, when all these means or any of them have new-framed or formed human will, then doth custom and habit corroborate and confirm all the rest. Therefore it is no marvel, though this faculty of the mind, of will and election, which inclineth affection and appetite, being but the inceptions and rudiments of will, may be so well governed and managed;


I DID ever hold it for an insolent and unlucky saying, "Faber quisque fortunæ suæ; except it be uttered only as a hortative or spur to correct sloth. For otherwise, if it be believed as it soundeth, and that a man entereth into a high imagination that he can compass and fathom all accidents; and ascribeth all successes to his drifts and reaches; and the contrary to his errors and sleepings: it is commonly seen that the evening fortune of that man is not so prosperous, as of him that without slackening of his industry attributeth much to felicity and providence above him. But if the sentence were turned to this, "Faber quisque ingenii sui," it were somewhat more true, and much more profitable; because it would teach men to bend themselves to reform those imperfections in themselves which now they seek but to cover, and to attain those virtues and good parts which now they seek but to have only in show and demonstration. Yet notwithstanding every man attempteth to be of the first trade, of carpenters, and few bind themselves to the second; whereas nevertheless the rising in fortune seldom amendeth the mind; but on the other side, the removing of the stonds and impediments of the mind doth often clear the passage and current to a man's fortune. But certain it is, whether it be believed or no, that as the most excellent of metals, gold, is of all others the most pliant and most enduring to be wrought; so of all living and breathing substances, the perfectest man is the most susceptible of help, improvement, impression, and alteration; and not only in his body, but in his mind and spirit; and there again not only in his appetite and affection, but in his powers of wit and reason.

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For as to the body of man, we find many and strange experiences, how nature is over-wrought by custom, even in actions that seem of most difficulty and least possible. As first in voluntary motion, which though it be termed voluntary, yet the highest degrees of it are not voluntary; for it is in my power and will to run; but to run faster than according to my lightness or disposition of body, is not in my power nor will. We see the industry and practice of tumblers and funambulos, what effects of great wonder it bringeth the body of man unto. So for suffering of pain and dolour, which is thought so contrary to the nature of man, there is much example of penances in strict orders of superstition what they do endure, such as may well verify the report of the Spartan boys, which were wont to be scourged upon the altar so bitterly as sometimes they died of it, and yet were never heard to complain. And to pass to those faculties which are reckoned more involuntary, as long fasting and abstinence, and the contrary extreme, voracity; the leaving and forbearing the use of drink for altogether; the enduring vehement cold, and the like; there have not wanted, neither do want, divers ex

Five points.

1. That exercises are to be framed to the life; that is to say, to work ability in that kind whereof a man in the course of action shall have most use.


because it admitteth access to so divers remedies to be applied to it, and to work upon it: the effects whereof are so many and so known, as require no enumeration; but generally they do issue, as medicines do, into two kinds of cures, whereof the one is a just or true cure, and the other is called palliation for either the labour and intention is to reform the affections really and truly, restraining them if they be too violent, and raising them if they be too soft and weak; or else it is to cover them, or, if occasion be, to pretend them and represent them of the former sort whereof the examples are plentiful in the schools of philosophers, and in all other institutions of moral virtue: and of the other sort the examples are more plentiful in the courts of princes, and in all politic traffic; where it is ordinary to find, not only profound dissimulations, and suffocating the affections, that no note or mark appear of them outwardly; but also lively simulations and affectations, carrying the tokens of passions which are not, as risus jussus and lacrymæ coactæ, and the like.

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(Not example, as in the will, by conversation; and here the conceit of imitation already digested, with the confutation "obiter si videbitur," of Tully's opinion, advising a man to take some one to imitate. Similitude of faces analysed.)

Arts, Logic, Rhetoric; The ancients, Aristotle, Plato, Theætetus, Gorgias "litigiosus vel sophista," Protagoras, Aristotle, "schola sua." Topics, Elenchs, Rhetorics, Organon, Cicero, Hermogenes. The Neoterics, Ramus, Agricola. "Nil sacri;" Lullius his Typocosmia, studying Cooper's Dictionary, Matthæus collection of proper words for metaphors, Agrippa "de vanitatibus," &c.

Que. If not here of imitation.

Collections preparative. Aristotle's similitude of a shoemaker's shop, full of shoes of all sorts: Demosthenes, "Exordia concionum." Tully's precept of theses of all sorts preparative.

The relying upon exercise, with the difference of using and tempering the instrument: and the similitude of prescribing against the laws of nature and

of estate.

These that follow are but indigested notes.

2. The indirect and oblique exercises; which do, per partes and per consequentiam, enable these faculties; which perhaps direct exercise at first would but distort; and these have chiefly place where the faculty is weak, not per se, but per accidens; as if want of memory grow through lightness of wit and want of staid attention; then the mathematics or the law helpeth; because they are things, wherein if the mind once roam, it cannot recover.

3. Of the advantages of exercise; as to dance with heavy shoes, to march with heavy armour and carriage; and the contrary advantage, in natures very dull and unapt, of working alacrity, by framing an exercise with some delight or affection.

"Ut pueris olim dant crustula blandi Doctores, elementa velint ut discere prima." Horat. Sat. I. i. 25.

4. Of the cautions of exercise; as to beware lest by evil doing, as all beginners do weakly, a man grow not, and be inveterate, in an ill habit, and so take not the advantage of custom in perfection, but in confirming ill. Slubbering on the lute.

5. The marshalling and sequel of sciences and practices; logic and rhetoric should be used to be read after poesy, history, and philosophy; first, exercise, to do things well and clean; after, promptly and readily.

The exercises in the universities and schools are of memory and invention; either to speak by heart that which is set down verbatim, or to speak extempore; whereas there is little use in action of either or both; but most things which we utter are neither verbally premeditate, nor merely extemporal. Therefore exercise would be framed to take a little breathing, and to consider of heads; and then to fit and form the speech extempore. This would be done in two manners; both with writing and tables, and without: for in most actions it is permitted and passable to use the note, whereunto if a man be not accustomed, it will put him out.


There is no use of a narrative memory in academiis, namely, with circumstances of times, persons, and places, and with names; and it is one art to discourse, and another to relate and describe; and herein use and action is most conversant.

Also to sum up and contract, is a thing in action of very general use.



THE reason of so much time taken before my answer to yours of the fourth of August, was chiefly by accompanying my letter with the paper which

† Sir Tobie Matthew's Collection of Letters, p. 23.

here I send you; and again, now lately, not to hold | time, and in what place meant you to have preached

them? if by treatise, to whom did you intend to
dedicate, or exhibit, or deliver such treatise ?

from you till the end of a letter, that which by grief
may, for a time, efface all the former contents, the
death of your good friend and mine A. B., to whom
because I used to send my letters for conveyance to
you, it made me so much the more unready in the
despatch of them. In the mean time I think my-
self, howsoever it hath pleased God otherwise to
bless me, a most unfortunate man, to be deprived of
two, a great number in true friendship, of those
friends, whom I accounted as no stage-friends, but
private friends, and such, as with whom I might
both freely and safely communicate, him by death,
and you by absence. As for the memorial of the
late deceased queen, I will not question whether
you be to pass for a disinterested man or no; I
freely confess myself am not, and so I leave it. As
for my other writings, you make me very glad of
your approbation; the rather, because you add a
concurrence in opinion with others; for else I might
have conceived, that affection would, perhaps, have
prevailed with you, beyond that, which if your judg-
ment had been neat and free, you could have
esteemed. And as for your caution, touching the
dignity of ecclesiastical persons, I shall not have
cause to meet with them any otherwise, than in
that some schoolmen have, with excess, advanced
the authority of Aristotle. Other occasion I shall
have none.
But now I have sent you that only part
of the whole writing, which may perhaps have a
little harshness and provocation in it: although I
may almost secure myself, that if the preface passed
so well, this will not irritate more, being indeed, to
the preface, but as palma ad pugnum. Your own
love expressed to me, I heartily embrace; and hope
that there will never be occasion of other than en-
tireness between us; which nothing but majores
charitates shall ever be able to break off.


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1. WHо procured you, moved you, or advised you, to put in writing these traitorous slanders which you have set down against his Majesty's person and government, or any of them?

2. Who gave you any advertisement or intelligence touching those particulars which are contained in your writings; as touching the sale of the crown lands, the deceit of the king's officers, the greatness of the king's gifts, his keeping divided courts, and the rest; and who hath conferred with you, or discoursed with you, concerning these points?

3. Whom have you made privy and acquainted with the said writings, or any part of them ? and who hath been your helpers or confederates therein ?

4. What use mean you to make of the said writings? was it by preaching them in sermon, or by publishing them in treatise ? if in sermon, at what Sir David Dalrymple's Memorials and Letters relating to the history of Great Britain in the reign of James the First, p. 26. Edit. Glasgow. 1762.

5. What was the reason, and to what end did you first set down in scattered papers, and after knit up, in form of a treatise or sermon, such a mass of treasonable slanders against the king, his posterity, and the whole state?

6. What moved you to write, the king might be stricken with death on the sudden, or within eight days, as Ananias or Nabal? do you know of any conspiracy or danger to his person, or have you heard of any such attempt?

7. You have confessed that these things were applied to the king; and that, after the example of preachers and chroniclers, kings' infirmities are to be laid open; this showeth plainly your use must be to publish them: show to whom and what manner.

8. What was the true time when you wrote the said writings, or any part of them? and what was the last time you looked upon them, or perused them, before they were found or taken ?

9. What moved you to make doubt whether the people will rise against the king for taxes and oppressions? Do you know, or have you heard, of any likelihood or purpose of any tumults or commotion?

10. What moved you to write, That getting of the crown-land again would cost blood, and bring men to say, This is the heir, let us kill him? Do you know, or have you heard of any conspiracy or danger to the prince, for doubt of calling back the crown-land ?

11. What moved you to prove, that all the king's officers mought be put to the sword? Do you know, or have you heard of any petition is intended to be made against the king's council and officers, or any rising of people against them?

12. What moved you to say in your writing, That our king, before his coming to the kingdom, promised mercy and judgment, but we find neither? What promise do you mean of, and wherein hath the king broke the same promise ?

There follows in the hand-writing of Secretary Winwood,

Upon those interrogatories, Peacham this day was examined before torture, in torture, between torture, and after torture; notwithstanding nothing could be drawn from him, he still persisting in his obstinate and insensible denials, and former answers. January the 19th, 1614.

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Peacham, whose raging devil seemeth to be turned | bench, their several opinions, by distributing our-
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

selves and enjoining secresy; we did first find an en-
counter 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-

cept these stay in the ship ye cannot be safe." I
find in my lords great and worthy care of the busi-
ness: 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.




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 general 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 us, 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



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 Mon-
tague 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 in-
fusion; 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 re-
solutely 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 Buck-
ingham, by the bishop of Lincoln, lord keeper of the great
seal, which I copied from his own hand.

"Westminster coll. Feb. 11, 1624.

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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.

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 Rawley's Resuscitatio.

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

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


Jan. 27, 1614.


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 serNot 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.

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