all events when Coke, who as a councillor already knew the facts of the
case, was consulted regarding the new proposal of the king, he at once
objected to it, saying that "this particular and auricular taking of
opinions" was "new and dangerous," and "not according to the custom of the
realm." He at last reluctantly assented, and proposed that Bacon should
consult with him, while the other law officers addressed themselves to the
three puisne judges. By Bacon's directions the proposal to the three judges
to give their opinions separately was made suddenly and confidently, and
any scruples they might have felt were easily overcome. The first step was
thus gained, and it was hoped that if "infusion" could be avoided, if the
papers bearing on the case were presented to the judges quickly, and before
their minds could be swayed by extraneous influence, their decision on the
case would be the same as that of the king. It is clear that the extraneous
influence to be feared was Coke, who, on being addressed by Bacon, again
objected to giving his opinion separately, and even seemed to hope that his
brother judges after they had seen the papers would withdraw their assent
to giving their decisions privately. Even after the discussion of the case
with Bacon, he would not give his opinion until the others had handed in
theirs. What the other judges thought is not definitely known, but Bacon
appears to have been unable to put in operation the plan he had devised for
swaying Coke's judgment,[15] or if he did attempt it, he was unsuccessful,
for Coke finally gave an opinion consistent with what he seems to have held
at first, that the book was not treasonable, as it did not disable the
king's title. Although the opinions of the judges were not made public, yet
as we learn, not only from Bacon, but from a sentence in one of Carleton's
letters,[16] a rumour had got about that there was doubt as to the book
being treasonable. Under these circumstances, Bacon, who feared that such a
report might incite other people to attempt a similar offence, proposed to
the king that a second rumour should be circulated in order to destroy the
impression caused by the first. "I do think it necessary," he says, "that
because we live in an age in which no counsel is kept, and that it is true
there is some bruit abroad that the judges of the king's bench do doubt of
the case that it should not be treason, that it be given out constantly,
and yet as it were