THE Connexion: BEING CHOICE COLLECTIONS OF SOME PRINCIPAL MATTERS IN King JAMES his Reign: Which may serve to supply the Vacancy betwixt Mr. Townsend's, and Mr. Rushworth's Historical Collections.  
LONDON, Printed for W. Crook, at the Green Dragon without Temple Bar, 1681.   

AN ADVERTISEMENT OF THE Collector.  
WHo ever you are, or of what Quality you be, that this Connexion comes to the ●ands of, there is no need of an Au●hor's begging your Favour, for, (without an Apology) if the serious and deliberate Results of a Wise King, by his Parliament, and by his Privy Council, with the Learned Discourses of some Great men in that time (such as the Duke of Bucking ham, Sir Francis Bacon, etc.) without Reflections, Annotations Observations, etc. will not please, am sorry for it; yet I will give th● reason of the Publication of this viz. There being an Historical Collection of the last Parliaments o● Qu. Elizabeth, by Mr. Heywoo● Townsend, which Ends before th● beginning of King James his Reigns and Mr. John Rushworth begins his Historical Collections so late i● the said King's Reign, that ther● is nigh twenty years' space betwixt them, of which time, nothing of History is in Print in this Method: And although Wilson and Saunderson have both wrote that Great King's Life, yet neither of them have reported Matter of Fact in this manner. You have these Collections as ●hey came to my hands, from several ●areful Collectors of Choice Things: And truly, I was in hopes I should ●ave got more relating to that time, ●ut I found these so difficult, that I ●ave over the farther search, and ●ielded to the desire of some that ●ad seen them, to let them go as ●hey are.   

THE CONTENTS  
AN. 1. Jac. Reg. A Proclamation b● King James, to Repress all Piracies and Depredations upon the Se● wherein Rules and Articles are set fo● the prevention of Sea Rovers and Pirates.  
An. 2. Jac. A Proclamation of the Revocation of Mariners from Foreign Services, and to prevent them turning o● Pirates, and to hinder Acts of Hostility to be committed on the Coasts of England.  
An. 3. Jac. An Act of Parliament for the granting of three entire Subsidies, and six Fifteenths and Tenths granted by the Temporality to his Majesty, with the Reasons why granted, showing the great Advantage his Majesty hath been to the Kingdom.  
●ac. The Declaration of the Opinions of the Non-conformists, as it was delivered to King James in the third year of his Reign.  
●ac. A Proclamation by King James, with Rules to prevent Piracies.  
●. 7. Jac. A Proclamation of King James touching Fishing.  
●. 8. Jac. The Case of Sir John Kenne●da and his Lady, showing the Contract ●in Marriage.  
●ac. Upon the Case of Sir John Ken●eda, whether an English Jurisdiction may disannul a Marriage made in Scotland?  
●ac. Certain Points of Law and Rea●on, whereby it may plainly appear, that ●he Question between the Lady Kenneda and Sir John, concerning the Validity of their Marriage, may, and aught, by ordinary course of Law, be heard and determined before the Ecclesiastical Judges in England, who have Jurisdictions in the Places where they do both dwell. Whereupon the Civilians have grounded their Opinions, given in this Case to that Effect.  
9 Jac. The Commission and Warrant fo● the Condemnation and burning of Ba●tholomew Legat, who was burnt i● Smithfield in London, for Heretics Opinions.  
9 Jac. The Commission and the Warran● for the Condemnation and burning o● Edward Wightman of Lichfield, wit● an Account of his Heretical Opinions.  
14 Jac. An Order of the King's Priv● Council sent to the Peers of the Realm for the Trial of the Earl and Countes● of Somerset, for the poisoning of Si● Thomas Overbury.  
14. Jac. Sir Francis Bacon's Speech a● the Arraignment of the Earl of Somerset.  
14 Jac. King James his Pardon to Frances, Countess of Somerset, for poisoning Sir Thomas Overbury.  
19 Jac. An Order of the Privy Council.  
22 Jac. His Grace the Duke of Buckingham's Answer to the Scandals of the Marquis of Inoiosa the Spanish Ambassador: wherein his Abusive Reflections are wiped off.   

CHOICE COLLECTIONS IN King JAMES His Reign.  

Anno Dom. 1603. in An. Reg. Jac. 1.  
A Proclamation by King James to repress all Piracies and Depredations upon the Sea, wherein Rules and Articles are set for the prevention of Sea Rovers and Pirates.  
THE King's Majesty being certainly informed, through the manifold and daily complaints made to his Highness, as well by his own Subjects as others; of the continual Depredations and Piracies committed on the Seas by certain lewd and ill disposed persons; and finding, that the ordinary proceeding held of late times, for the suppressing of these enormities and offences, have wrought less Reformation than was expected: In his Princely care to preserve Justice, as one of the main Pillars of his Estate, and for the speedier suppression of all such Piracies and depredacious Crimes, most hateful to his mind, and scandalous to his peaceable Government, and for the better continuance of Amity with all other Princes and States, hath with the advice of his Privy Council, for the speedy prevention or severe punishment hereafter of such foul crimes and piracies, set down certain Articles hereunto annexed, which his Highness commanded all his Officers whom it may concern, of what degree soever, to see duly executed, wherein if any manner of person shall be found culpable or wilfully negligent, contemptuous or disobedient, his Majesty declareth hereby that punishment shall be inflicted upon him or them with such severity, as the Example thereof shall terrify all others from committing any so odious crimes or contemptuous Offences.  
First, That no Man of War be furnished or set out to Sea by any of his Majesty's Subjects, under pain of death and confiscation of Lands and Goods, not only to the Captains and Mariners, but also to the Owners and Victuallers, if the Company of the said Ship shall commit any piracy, depredation or murder at the Sea, upon any of his Majesty's Friends.  
Item, That if any person whatsoever shall upon the Seas take any Ship that doth belong to any of his Majesty's Friends and Allies, or to any of their Subjects; or shall take out of it by force any goods of what nature or quality so ever, he or they so offending shall suffer death, with Confiscation of Lands and Goods according to the Law in that Case provided.  
Item, That all Admiral Causes (except the Causes now depending before the Commissioners for Causes of depradations) shall be summarily heard by the Judge of the High Court of the Admiralty, without admitting any unnecessary delay.  
Item that no appeal from him be admitted to the Defendant or Defendants; in causes of Depredation, either against the offenders, or their Accessaries, before or after the offence committed, or those in whose possession the Goods spoiled are found, unless first by way of provision, the sum adjudged be paid to the Plaintiff upon Sureties to repay it; if the Sentence shall be reversed.  
Item, that no prohibition in such cases of spoil and their accessaries or dependencies be granted hereafter.  
Item, That no Ship or Goods taken from any of his Majesty's Friends, shall be delivered by any other Order than upon proof made in the said Court of the Admiralty, before the said Judge or his Deputy, to the end that a Record may be kept of all such restitutions made to strangers, to serve when occasion shall require.  
Item, That every Vice Admiral is enjoined by this Proclamation (whereof he shall take notice at his peril) to certify into the said Court of the Admiralty every Quarter of the Year, what man of War hath gone to the Sea, or returned home within that time, with any Goods taken at Sea, or the procedure thereof, upon pain to lose to his Majesty (by way of fine) for every such default forty pounds of current money of England, to be answered into his Majesty's Receipt of the Exchequer, by Certificate from the said Judge of the Admiralty, under the Great Seal of that Office, to be directed to the Lord Treasurer, and the Barons of the Exchequer.  
Item, That all the King's Subjects shall forbear from aiding or receiving of any Pirate or Sea-Rover, or any person not being a known Merchant, by contracting, buying, selling or Exchanging with them, or by victualling of them, or any of their Company, whereby they or any of them shall be the more enabled to go or return to the Seas to commit any piracy or disorder, upon pain for so doing to be punished presently, as the principal Offenders and Pirates ought to be.  
Item, That the Vice-admirals', Customers, and the other Officers of the Ports, shall not suffer any ship to go to Sea before such time as they respectively in their several Ports, have duly searched and visited the same, to the intent to stay such persons as apparently shall be furnished for the Wars and not for merchandise or Fishing, and if there shall be any manner of suspicion that the said person, though he shall pretend to trade for merchandise or fishing, hath or may have an intent by his provisions or furniture, otherwise than to use the trade of merchandise or fishing, tha● in such case of suspicion, the Officers of the Ports shall stay, and in no wise suffer the same to pass to the Seas without good Bonds by sufficient Sureties first had, to use nothing but a lawful trade of merchandise or fishing, and if the said Officers shall suffer any person otherwise to repair to the Seas, than above is mentioned, they shall not only answer for any piracies which any such person shall chance hereafter to do upon the Seas, but shall suffer imprisonment, until the Offenders may be apprehended, if they shall be living: And generally his Majesty declareth and denounceth all such Pirates and Rovers upon the Seas to be out of his Majesty's protection, and lawfully to be by any person taken, punished and suppressed with extremity.  
And whereas divers great and enormous spoils and piracies have been of late time committed within the straits of Gibraltar by Capt. Thomas Tomkins, Gent, Edmond Bonham, Walter Janerin, Mariners, and divers others English Pirates, and the Goods, moneys, and merchandizes brought into England by them, have been scattered, sold, and disposed of most lewdly and prodigally, by the means of their Receivers, Comforters, and Abettors, to the exceeding prejudice of his Majesty's good friends the Venetians, whom they have rob, and to the great displeasure of God, and dishonour of this State: His Majesty doth expressly command all Lieutenants, Deputy-Lieutenants, Admirals, Vice Admirals, and their Deputies, and all other Officers of the Admiralty, and all Justices of the Peace, Mayor, Sheriffs, Bailiffs, Constables, and all others his Officers and Ministers whatsoever, to use all care and diligence in the enquiring, searching for, and apprehending all such Pirates, their Receivers, Comforters, and Abettors; and if they shall by their travels and cares find any of them, to send them presently under safe custody to the Common-Goales of Hampshire or Dorse●shire, there to remain without Bail or mainprize, till the Lord High Admiral of England, or his Lieutenant the Judge of the High Court of the Admiralty shall dispose of them according to the Laws in that case provided.  
Given at his Majesty's City of Winchester the 30th. day of September 1603. in the first year of his Highness Reign of England, France and Ireland, and of Scotland, the seven and thirtieth.   

Anno Dom. 1604. An. Reg. Jac. 2. A Proclamation by King James for the Revocation of Mariners from foreign services, to prevent their turning of Pirates, and to hinder Acts of Hostility to be committed on the Coasts of England.  
WHereas within this short time, since the Peace concluded between us and the King of Spain, and the Arch-duke's our good Brothers; It hath appeared unto us that many Mariners and Seafaring men of this Realm, having gotten a custom and habit in the time of the War to make profit by spoil, do leave their ordinary and honest Vocation, and trading in merchantly Voyages, whereby they might both have convenient maintenance, and be serviceable to their Country, and do betake themselves to the service of divers foreign States, under the title of men of War, to have thereby occasion to continue their unlawful and ungodly course of living by spoil, using the service of those Princes but for colour and pretext, but in effect making themselves commonly no better than Pirates to rob both our own Subjects their Country men, and the Subjects of other Princes our neighbours, going in their honest trade of merchandise: By which courses they impeach the quiet Traffic of Nations one with other, leave our Realm unfurnished of men of their sort, if we should have cause to use them, and inure themselves to an impious disposition of living by rapine and evil means, although by reason of the universal peace, wherein we rre at this present with all Christian Princes and States, they may have a more plentiful employment in an orderly and lawful navigation, that at any time of late years they could have had: We have thought it necessary in time to prevent the spreading of such a corruption amougst our subjects of that sort and calling, whereby our Nation will be so much shandered, and our Realm so greatly disedunataged, wherefore we do will and command all Masters of ships, Pi●ts, Mariners, and all other sort of seafaring men, who now are in the ●artial service of any foreign State, ●at they do presently return home in●o their own Country, and leave all ●ch foreign services, and betake them●lves to their vocation, in the lawful ●ourse of merchandise, and other orderly Navigation, upon such pains and punishments as by the Laws of our ●ealm may be inflicted upon them, if ●fter this Declaration of our pleasure, ●hey shall not obey; And We do also ●pon the same pains straight charge and command all our Subjects of that profes●on▪ that none of them shall from henceforth take Letters of Mark or Reprisal, ●r serve under any that hath such Letters ●f Mark or Reprisal from any foreign ●rince or State whatsoever, nor otherwise ●mploy themselves in any warlike services of any foreign State upon the Sea, without special licence obtained from our ●elf, or from our High Admiral, as they will answer the contrary at their perils▪ And for as much as although we are in peace with all Christian Princes and States, yet during the continuance o● the War between the King of Spain, and the Archduke's on the one side, and the United Provinces of the Low● Countries on the other side, many chances may happen, as some already have happened, of difficult interpretation to our Officers and Subjects, how to behave themselves in such Cases, unless they be explained unto them: We have thought it convenient to make an● open Declaration how our said Officers and Subjects shall demean themselves toward the Subjects as well of the King of Spain and Arch-duke's, as also of the States united in the Cases following.  
First our pleasure is, that within our Ports, Havens, Roads, Creeks, or other places of our Dominions, or so near to any of our said Ports or Havens, as may be reasonably construed to be within that Title, limit or precinct, there shall be no force, violence, surprise, or offence, suffered to be done either from man of War to man of War, or man of War to Merchant, or Merchant to Merchant of either party, but that all of ●hat Nation soever, so long as they ●all be within those our Ports and pla●s of our Jurisdiction, or where our officers may prohibit violence, shall be ●nderstood to be under our protection to be ordered by course of Justice, ●nd be at peace each with other.  
And whereas some of the men of War of each side have used of late, and ●● is like will use in time to come, though ●ot to come within our Ports, because ●here they know we can restrain violence, yet to hover and hang about the skirts of our Ports, somewhat to Sea●oard, but yet so near our Coasts and ●he entry of our Harbours, as in reason ●s to be construed to be within the ex●ent of the same, and there to await the Merchant of the adverse part, and do ●eize and take them at their going out of our Ports, which is all one in a manner as if they took them within our Port, and will be no less hindrance to the trade of Merchants: Our pleasure therefore and commandment is, to all our Officers and Subjects by Sea and Land, that they shall prohibit as mu●● as in them lieth, all such hover 〈◊〉 men of War of either side, so ne●● the entry of any of our Havens 〈◊〉 our Coasts, and that they shall recei●● and secure all Merchants, and other that shall fall within the danger of an● such as shall await our Coasts in so nea● places, to the hindrance of Trade an● Traffic, outward and homeward from and to our Kingdoms; And fo● the better instructions of our Office● in the execution of these two Article● We have caused to be sent to the● plaits of those limits, within which 〈◊〉 are resolved, that these Orders shall b● observed.  
And where it hath happened, and 〈◊〉 like to do often, that a ship of War 〈◊〉 the one side, may come into some of ou● Ports, where there ●●all be a Merchan● of the other side: In such Case for th● benefit and preservation of the lawful Trade of Merchants, our pleasure is that all Merchant's ships, if they will require it, shall be suffered to departed ou● of the said Port, two or three Tide before the man of War, to the intent, that the Merchant may be free from the pursuit of his Adversary, and it it so happen, that any ship or ships of War of the one side, do find any ship or ships of War of the other side in any our Ports or Roads aforesaid: like as our pleasure is, that during there abode there, all violence be forborn, so do we likewise command our said Officers and Subjects both on Sea and Land, that the ship of War, which came in first, be suffered to departed a Tide or two before the other which came in last, and that for so long time they shall stay and detain any ship of War, that would offer to pursue another out of any of our Ports immediately: And where we are informed, that notwithstanding the severity of our Laws against Receivers of Pirates goods, many of our Officers of our Ports and other Inhabitants within and near unto them, do receive daily goods brought in from Sea by such as are indeed Pirates, if they and the getting of their Goods were well examined, we do hereby admonish them all to avoid the receiving or buying of any good● from sea, coming not into the Realm by lawful course of merchandise, for that they shall find we are resolved so to prevent all occasion and encouragement of Pirates to be used by any ou● Subjects as we will cause our Laws to be fully executed, according to their true meaning, both against the Pirates, and all Receivers and Abettors of them, and their goods.  
Given at Thetford the first day of March, in the second year of our Reign of Great Britain, etc.   

Anno Dom 1605. in An. Reg. Jac. 3. An Act for the granting of three entire Subsidies and six Fisteenths and Tenths, granted by the Temporalty to His Majesty, with the reasons why granted, and the great advantages his Majesty hath been to this Kingdom.  
MOst Gracious Sovereign, as at the first entrance of your Majesty into this Kingdom, there appeared universally in all your Loving Subjects, greater demonstrations of affection towards your Royal person, than ever hath been observed towards any former King, upon a joyful and foreruning expectation of your Majesty's Religious, Just, and Gracious Government; so finding by the grounded experience of three years now complete of the same your happy Government, that your Majesty hath turned our hopes into sensible and actual benefits, we cannot but still settle and increase in Love, Zeal and Duty towards you, which we think fit more and more to make manifest to your Majesty, not by extern shows, but by real effects. And therefore We your most Loving and Loyal Subjects being by your Royal Authority assembled in Parliament to consult of the great and important causes of this your Kingdom, have entered into due consideration both of your Majesty's great Benefit, and of your present estate, in the support whereof the continuance of these benefits doth principally consist, wherein we do in the first place call to mind that by God's great mercies and blessing, and your Majesty's Religious care in execution of the good Laws for that purpose ordained, the true Religion of Almighty God freed and delivered from the servitude of blind and Foreign superstition, is continued unto us, and that in such sort as considering your Majesty's constant, and Judicial profession thereof, and the Religious Education of your Children, we rest assured that under God's favour, we shall comfortably enjoy the same to us and our posterity for ever.  
Next to Religion and peace with God, we will Remember that Universal peace of State both at home and abroad, which under your Christian and prudent Government we enjoy, whereof we have the less reason to doubt any interruption, when we behold the Greatness and reputation of your Majesty's power, and the goodness and Excellency of your Royal disposition, whereof the latter is not like ●o give the cause or occasion, and the ●ormer is likely to abate the Courage ●nd forces of any hostile attempts. And ●astly we cannot but with unspeakable ●oy of heart consider of that blessing, which having respect to later times in ●his state, is rare and unwonted, which ●s the blessed fruit and Royal Issue of ●ingular towardness and comfort, which God hath given your Majesty, with ●reat hope of many the like; these being ●ndeed as arrows in the hand of the, Mighty, able to daunt your Enemies, ●nd to assure your loving subjects, and ●o safeguard your Royal person, and to shield and protect each other, and to be a pledge to us and our posterity, of future and perdurable felicity.  
The benefits, and blessings (dread Sovereign) amongst many others, as we gladly acknowledge to your Majesty's great honour and our great comfort: So nevertheless having upon mature advice concluded to present to your Majesty a gift, in proportion and speed of payment, exceeding all former precedents of Parliament; and the times of Peace considered, we do further think fit to add and express those reasons special and extraordinary, which have moved us hereunto, lest the same our doing may be drawn into Precedent to the prejudice of the State of our Country and our posterity.  
A first and principal reason is, tha● late and monstrous attempt of that cursed crew of desperate Papists, to have destroyed your Excellent Majesty, the Queen, and your Royal Progeny, together with the Reverend Prelates. Nobility and Commons of this Land assembled in Parliament, to the great confusion, if not subversion of this Kingdom; the barbarous malice in ●ome unnatural subjects, we have thought fit to check and encounter with the certain demonstration of the ●niversal and undoubted Love of your Loyal and Faithful Subjects, not only for the present to breed in your Majesty a more confident assurance of our uttermost aides in proceeding with a princely resolution to repress them, and to furnish your Majesty against hostile attempts both by Sea and Land, out also for the future times to give ●heir Patrons and partakers to understand, that your Majesty can never want in this Kingdom means of defence of your rights, revenge of your wrongs, and support of your estate.  
A second reason is, that memorable benefice wherewith it hath pleased the Divine providence in great grace and favour to bless this Nation in your Majesty's person by addition of another Kingdom, whereby both ancient hostilities are quite extinguished, and all footing and approaches of any For▪ rainer in this Island are excluded, and your Majesties other Dominions the more secured, which happy event was nevertheless attended with sundry rare and necessary circumstances of charge now at your Majesty's first entrance and settling, such as the like hath not been in former times, nor is like to be in succeeding ages.  
A third and most urgent reason is, the great and excessive charge, which the unnatural Wars of Ireland newly finished before our late Renowned Queen's decease, did necessarily impose upon your Majesty, by drawing with it a long train of after expenses even in your Majesty's time, till the peace thereof were throughly settled and assured, which Kingdom is now since your Majesty's time become in the vastest Province thereof, capable of the plantation of Religion, Justice, Civility and Population, and may in longer time arise to be a most profitable and opulent member of your Imperial Crown.  
A fourth reason ariseth from the great contentment and joy which we have in the remembrance of your Majestic most gracious disposition to the good of your people, testified as well at your first entrance into this Kingdom, by your Princely care you took out of your own Royal mind to free them by your Proclamation from any burdens of Monopolies, and other unlawful things which then remained in use, as also of late your comfortable messages sent unto us, dureing this Session of Parliament, purporting the continuance of like gracious intention towards them, where just occasion of grief should appear, which joy of ours hath bred a desire in us, to express in more than ordinary manner our extraordinary and humble thanks unto your Majesty for the same, and to make it appear on our parts, that we will at no time omit any Testimonies of Love and Duty toward your Majesty, that may procure or deserve the perfecting and accomplishing of so Princely a work (so well begun) of Grace and favour towards us, it being far from our dispositions to entertain any such unthankfulness into our hearts, as not cheerfully to assist with our goods and substance, and all other duties of Subjects, such a Sovereign, by whom we find ourselves so tenderly regarded.  
Thus (Gracious Sovereign) out of those extraordinary Reasons and considerations, as also out of our great Love and affection towards your Majesty's person, virtues, and felicities, we do with all humble and cheerful affections present to your Majesty three subsidies and six Fifteenths and Tenths, and we do most humbly beseech your Majesty, that it may be enacted by Authority of this present Parliament in manner and form following.   

Anno. Dom. 1605. An. Reg. Jac. 3. The Declarations of the opinions of the Non-conformists as it was delivered to King James himself on their behalf in the third year of his Reign.  
1. WE hold and maintain the same Authority and Supremacy in all causes and over all persons, Civil or Ecclesiastical, granted by Statute to Queen Elizabeth, and expressed and declared in the Book of Advertisements and Injunctions, and in Mr. Bilson against the Jesuits, to be due in full and ample, manner (without any Limitation or Qualification) to the King and his Heirs and Successors for ever, neither is there (to our knowledge) any one of us but is and ever hath been most willing to subscribe and Swear unto the same, according to form of Statute: And desire that those that shall refuse the same may bear their own iniquity. That,  
2. We are so far from Judging the said Supremacy to be unlawful; that we are persuaded that the King should sin highly against God, if he should not assume the same unto himself, and that the Churches within his Dominions should sin damnably, if they should deny to yield the same unto him, yea though; the Statutes of the Kingdom should deny it unto him.  
3. We hold it plain Anti-Christianism for any Church or Church-Officers whatsoever, either to arrogate or assume unto themselves any part or parcel thereof, and utterly unlawful for the King to give away or alienate the same from his own Crown and Dignity to any Spiritual Potentates or Rulers whatsoever within or without his Dominions.  
4. We hold, that though the Kings of this Realm were no members of the Church, but very Infidels, yea and persecutors of the truth, that yet those Churches that shall be gathered together within these Dominions, aught to acknowledge and yield the said Supremacy unto them, and that the same is not tied to their Faith and Christianity, but to their very Crown, from which no subject or subjects have power to separate or disjoin it.  
5. We hold that neither King nor Civil State are bound in matter of Religion to be subject and obedient to any Ecclesiastical person or persons whatsoever, no further than they shall be able to convince their Consciences of the truth thereof out of the word of God, yea, we think they should sin against God, if they should ground their Religion, or any part or parcel thereof, upon the bare Testimony or Judgement of any man, or of all the men in the world.  
6. We hold, that no Churches or Church-officers have power, for any crime whatsoever, to deprive the King of the least of his Royal prerogatives whatsoever, much less to deprive him of his Supremacy, wherein the height of his Royal Dignity consists.  
7. We hold, that in all things concerning this life whatsoever, the Civil Jurisdiction of Kings and Civil States excelleth and aught to have the pre-eminence over the Ecclesiastical, and that the Ecclesiastical neither hath nor aught to have any power in the least degree over the bodies, lives, goods or Liberty of any person whatsoever, muchless of the Kings and Rulers of the earth.  
8. We hold, that Kings by virtue of their supremacy have power, yea, also that they stand bound by the Law of God to make Laws Ecclesiastical, such as shall tend to the good ordering of the Churches in their Dominions, and that the Churches ought not to be disobedient to any of their Laws, so far as in obedience unto them, they do not that which is contrary to the word of God.  
9 We hold, that though the King should command any thing contrary to the Word, unto the Churches, that yet they ought not to resist him therein, but only peaceably to forbear obedience, and sue unto him for grace and mercy, and where that cannot be obtained, meekly to submit themselves to the punishment.  
10. We hold, that the King hath power by virtue of his Supremacy, to remove out of the Churches whatsoever he shall discern to be practised ●herein, not agreeable to the word of God, and if he shall see any defect either in the worship of God, or Ecclesiastical discipline, he ought by his Royal Authority and power to procure and force the redress thereof, yea, though it be without the consent, and against the will of the Ecclesiastical Governors themselves.  
11. We hold, that the King hath as much Authority over the body, goods and affairs of Ecclesiastical persons, as of any other of his Subjects whatsoever, and that by his Authority, he may force them, not only to all Civil Duties belonging unto them, but also unto all Ecclesiastical, afflicting as great punishment upon them for the neglect thereof, as upon any other of his subjects.  
12. We hold, that he hath power to remove out of the Churches all scandalous, Schismatical and Heretical Teachers, and by all due severity o● Laws to repress them.  
13. We hold, that all Ecclesiastical Laws made by the King (not repugnant to the word of God) do in some sort bind the Consciences of his subjects, and that no subject aught to refuse obedience to any such Law.  
14. We hold, that the King only hath power within his dominions, to convene Synods and General Assemlies of Ministers, and by his Authority Royal, to ratify and give life and strength to their Canons and Constitutions, without whose Ratification, no man can force any Subject to yield any obedience unto the same.  
15. We hold, that though the King may force the Churches to be subject and obedient unto him, and to be members of the commonwealth, yet that the Churches severally or jointly have no power to force him or any subject against their will, to any service unto them or to any Religious duty whatsoever, no, nor so much as to ●e a member of any Church.  
16. We hold, that the King ought ●ot to be subject to the Ecclesiastical censures of any Churches, Church●fficers or Synods whatsoever, but on●y to that Church and those officers of ●is own Court and household, unto ●hom (in reverence of their Religion and of the Spiritual graces of God ●e sees shining in them) he shall of ●is own free will, subject and commit ●he Regiment of his Soul, in whom ●here can be no suspicion or fear of any partiality, or unjust or rigorous dealing against him.  
17. We hold, that if any Ecclesiastical Governors (call them by what ●ame you will) shall abuse their Ecclesiastical authority in the execution ●f their censures, upon any man what●●ever: That the King and Civil States ●nder him, have power to punish ●hem severely for it, much more if ●hey shall abuse it upon the Supreme Majesty himself.  
18. If the King subjecting himself to 〈◊〉 Spiritual Guides and Governors, shall afterwards refuse to be governed and guided by them according to the word of God, and living in no torious sin, without repentance, shall wilfully contemn and despise all their holy and Religious censures, that the● these Governors are to refuse to administer the holy things of God unto him, and to leave him to himself, and to the secret Judgement of God, and wholly to resign and give over that Spiritual Charge and tuition over him which by calling from God and the King they did undertake, and mor● than this, they may not do. And after all this we hold, that he still retaineth, and aught to retain entirely and solidly, all that aforesaid Supreme power and authority over the Church's o● his Dominion, in as ample a manner, as if he were the most Christian Prince in the world.  
19 We acknowledge King James to be our only lawful Sovereign, and unto him to be due all the aforesaid Supremacy, and we renounce and abjure all Opinions, Doctrines, Practices whatsoever repugnant or Contrary to ●he same, as Anabaptistical and Anti-●hristian: And wish they may be severely punished.  
20. We hold, that the King ought ●ot to give his Authority away, or to commit it to any Ecclesiastical person ●r persons whatsoever, but aught himself to be as it were Archbishop and General overseer of all the Churches within his Dominions, and aught to ●●ploy under him his Honourable Council, his Judges, Lieutenants, Ju●ices, Constables, and such like, to o●ersee the Churches in the several divisions of their Civil Regiments, visiting them and punishing by their Civil ●ower whatsoever they shall see amiss in any of them, especially in the ruler's and Governors'.  
21. We hold, it utterly unlawful ●r any Christian Churches whatsoever, ●y any armed force or power, against ●e will of the Civil Magistracy and ●ate under which they live, to erect ●ad set up in public, the true worship and service of God: Or to beat down or suppress any superstition or Idolatry, that shall be countenanced and maintained by the same, only every man is to look to himself, that he communicate not with the evils of the times, enduring what it shall please the state to inflict, and seeking by, all honest and peaceable means all reformation of public abuses, only at the hands of Civil public persons, and all practices Contrary to these we condemn as seditious and sinful.   

Anno Dom. 1605. An. Reg. Jac. 3. A Proclamation by King James with Rules to prevent Piracy.  
WHereas the King's Majesty hath always been ready to Embrace and Cherish such a perfect amity and friendship between him and the King of Spain, and the Arch-duke's his good Brethren, as might stand with his own honour, and the common good of his people for the better and more particular observation whereof, there hath been lately passed a Treaty, wherein his Majesty's Royal will and pleasure ●s made so notorious to the world in ●ll things, as whosoever doth, or shall ●ross the sincerity of his Majesty's in●ention by any action of theirs, cannot ●void the censure of high and wilful contempt against his person and state, though his Majesty is not Ignorant, ●hat these offences for the most part, ●e daily committed by such, as part● out of their own original corruption, and partly by habit of spill and ●apine, are become so insensible or desperate of the peril they draw up●● themselves, and the Imputation they ●st upon the honour of their Sovereign (so precious to him) as his Ma●●●ty is driven for repair thereof, to ●●ke open profession of his sincerity in ●●s kind, more often then otherwise he ●●uld; nevertheless, his Majesty 〈◊〉 lately found by many circumstant, that most of these great faults do ●ow and multiply, by negligence of ●eriour officers, (especially such as are ●dent in the ports, and dwell in the Maritine Counties,) from whom his Majesty expecteth so continual care and vigilancy (not only out of fear of his Majesty's displeasure, but even for Conscience sake,) as they should be rather industrious watches over those that run such wicked courses, than (in any degree) receitors or abettors of the same, considering that those are a well accountable to God, that hinder not the evil of others (being in their power, and incident to their perculiar places and duties) as those that are the personal Actors, or Contrivers of the same; His Majesty hath thought it necessary once again to publish to all persons of what place or condition soever within His Majesty's Dominions these Rules and Ordinances following, as things whereunto he commandeth all persons (whatsoever) to yield their dutiful obedience, upon peril of his heavy Indignation and the grievous pains belonging to the same.  
First, His Majesty commandeth tha● no Seaman or Mariner whatsoever shall be suffered to put himself into any warlike service at Sea of any Foreign Prince or State, straightly charging all that are in any such service already, to leave the same presently, and without delay, and to record their appearance in their Native Country to some of His Majesty's officers upon pain to be held and punished as, Pirates.  
Item, If any person offending, do at any time hereafter come into any Port, or place of His Majesty's Dominions, upon what pretext soever, His Majesty expressly chargeth all his officers forthwith to apprehend the same, and to commit them to prison without Bail or Mainpress, and the Certificate thereof to be presently returned into the Admiralty Court, to the end that they may be proceeded withal, according to the Laws of the Realm, and the contents of his Majesty's former Proclamations,  
Item, His Majesty Commandeth all his Subjects, (as they will avoid his heavy Indignation) to forbear to be aiding or Receiving of any Pirates, or such persons as shall continue in any such warlike service, as aforesaid, or any person not being a known Merchant, by contracting, buying, selling, or by Victualling of them, or any of their Company, upon pain for so doing, to be punished presently, as the principal offenders and Pirates ought to be.  
Item, That no shipping, or men of War, of what estate or condition soever, going forth with Commission of reprisal, or in any other warlike manner to serve at Seas, shall be permitted in any of his Majesty's Ports, or in the Members thereof to victual or relieve themselves with any warlike provisions, thereby to enable themselves the better to any acts of hostility at Sea against any of His Majesty's Friends: But only in their return homewards, if they happen to come into any of His Majesty's Ports, that then it shall be lawful for them to relieve themselves with Victual, or other necessaries to serve them only for the sp●●e of twenty days and no more, ●hich is a proportion reasonable to use ●● Trade of Merchandise.  
Item, That all Vice-admirals, Cu●omers, or other officers of the Ports ●●all not suffer any Ship of His Majesty's subjects to go to the Seas, before such me as they (respectively in their several Ports) have duly searched and visited the same, to the intent to stay ●●ch persons as apparently shall be fur●ished for the Wars and not for Merchandise or Fishing, and if there shall ●e any manner of Suspicion, that the ●id person (though he shall pretend to ●rade for Merchandise or fishing) hath ●r may have any other intent by his provisions or furniture, than to use ●he Trade of Merchandise or Fishing, ●hat in such case of suspicion the officers ●f the Ports shall stay, and no ways ●uffer the same to pass to the Seas, with ●ut good bands, with sufficient sureties ●irst had, to use nothing but the Lawful trade of Merchandise or Fishing, ●nd if the said officers shall suffer any ●ersons otherwise to repair to the Seas, ●han above is mentioned, they shall not only answer for any Piracies, which any such person shall chance hereafter to commit upon the Seas, but shall suffer Imprisonment until the offender's may be apprehended, if they shall be living.  
And further, as his Majesty declareth and denounceth generally, all such Pirates and Rovers upon the Seas to be out of his protection, and therefore to be lawfully pursued and punished to the uttermost extremity, so because His Majesty presumeth, that all other States and persons in peace and friendship with him, will think it just and honnourable to proceed towards him, with the same sincerity, which he observeth towards them, His Majesty doth also hereby nortifie to the world, that where it falleth out that divers of his Subjects are, or may be entertained to serve at Sea under Captains and Commanders belonging to some Foreign Prince or State, (which are now or may be in terms of Hostility with any of His Majesty's Friends) thereby Imagining, when they be free from any Interruption, according to the liberty of Common amity and correspondency which is usually observed between Princes in such cases, only because the Commander or Captain with some few persons besides are strangers, and the rest only discovered to be his Majesty's Subjects: For as much as His Majesty (having made his just and equal intentions thus apparent to all men by his public Proclamations) would be loath to frustrate the expectation of any his friends whom it doth or may concern; he doth hereby declare to all the world that if he shall hereafter find any such fraudulent course taken, in hope colourably to avoid the true construction of his so just and necessary ordinances, the breach whereof gives cause of further trouble and jealousies to arise between His Majesty and other Princes in the mutual exercise of their Subjects free Trade and intercourse: He will make absolute stay of any such Ships and persons, which shall be so brought into his Ports or Harbours, as persons and things wholly exempted from that protection and favour which he intendeth to maintain and afford to all others, which shall not in such kind go about to abuse his Majesty's Integrity, whose desire is to receive no better measure in any thing, than he is willing to yield to others upon the like occasions.  
Given at our Castle of Windsor the eighth of July, 1605. in the third year of our Reign of Great Britain, France, and Ireland.   

Anno Dom. 1609. An. Reg. Jac. 7. A Proclamation by King James touching Fishing.  
JAmes by the Grace of God, King of great Britain, France and Ireland ●ender of the Faith, etc. To all and singular persons, to whom it may appertain, greeting.  
Although we do sufficiently know by our experience in ●he office of Regal Dignity (in which by the favour of Almighty God, we ●ave been placed and exercised these many years) as also by the observation which we have made of other Christian Princes exemplary actions, how far ●he absoluteness of Sovereign power ●xtendeth itself. And that in regard ●hereof we need not yield account to ●ny person under God, for any action of ours, which is lawfully grounded upon that Just prerogative: Yet such hath ever been and shall be our ●are and desire to give satisfaction to ●ur Neighbour Princes, and Friends, in any action which may have the least Relation to their Subjects and estates, as we have thought good (by way of friendly Premonition) to declare unto them all, and to whom soever it may appertain, as followeth.  
Whereas we have been contented since our coming to the Crown, to tolerate an indifferent and promiscuous kind of Liberty to all our friends whatsoever, to fish within our Streams, and upon any of our Coasts of Great Britain, Ireland, and other Adjacent Islands, so far forth as the permission or use thereof might not redound to the impeachment of our Prerogative Royal, nor to the hurt and damage of our loving Subjects, whose preservation and flourishing estate we hold ourselves principally bound to advance beforr● all worldly respects: So finding that our connivance therein, hath not only given occasion of over great encorachments upon our Regalities, or rather questioning of our right, but hath been a means of much daily wrongs to our own people that exercise the trade of Fishing as (either by the multitude of strangers, which do preoccupy those places, or by the Injuries which they receive most commonly at their hands) our Sujects are constrained to abandon their Fishing, or at the least are become so discouraged in the same, as they hold it better for them to betake themselves to some other course of living, whereby not only divers of our Coast Towns are much decayed, but then umber of Mariners daily diminished, which is a matter of great consequence to our estate, considering how much the strength thereof consisteth in the power of Shipping, and use of Navigation: we have thought it now both Just and necessary, in respect that we are now by God's favour lineally and Lawfully possessed, as well of the Island of great Britain as of Ireland, and the rest of the Islles Adjacent, to bethink ourselves of good and Lawful means to prevent those incoveniencies, and many others depending upon the same. In the Consideration whereof as we are desirous that the world may take notice, that we have no Intention to deny our Neighbours and Allies, those fruits and benefits of peace and friendship, which may be justly expected at our hands in honour and reason, or are afforded by other Princes mutually in the point of Commerce, and exchange of those things which may not prove prejudicial to them: So because some such Convenient order may be taken in this matter, as may sufficiently provide for all these Important Considerations which do depend thereupon: We have resolved first to give notice to all the world, that our express pleasure is, that from the beginning of the Month of August next coming, no person of what Nation or quality soever, being not our natural born Subjects, be permitted to Fish upon any of our Coasts and Seas of great Britain, Ireland, and the rest of the Isles Adjacent, where most usually heretofore any Fishing hath been, until they have orderly demanded and obtained Licenses from us, or such our Commissioners, as we have Authorized in that behalf, viz. At London for our Realms of England and Ireland, and at Edinburgh for our Realm of Scotland: which Licenses, our intention is, shall be Yearly Demanded, for so many Vessels and Ships, and the Tonnage thereof, as shall in●end to Fish for that whole year, or any part thereof, upon any of▪ our Coasts and Seas as aforesaid, upon pain of such Chastisement as shall be fit to ●e inflicted upon such wilful offenders.  
Given at our Palace of Westminster, ●he sixth day of May, in the seventh year ●f our Reign of Great Britain, France ●nd Ireland.   

Anno Dom. 1610. An. Jac. Reg. 8. The Case of Sir John Kennedy and his Lady.  
UPon the Treaty with Grey Lord Chandoyes it was thought meet that 16500. l. should be allotted to the Lady for her right, to the value of 14500. l. in Land, and 2000 l. in money: But in regard the whole estate moved from the Lady, and that Sir John Kennedy, was able to give her no advancement or dower out of his Estate, It was thought meet, that the Lady should have, 8000. l. at her sole dispose, and the residue to be at their joint dispose.  
After upon motion on the Lady's behalf, out of a fear, that the Estate might be wasted by Sir John, and thereby she deprived of maintenance (she ●hen having no knowledge of the Marriage in Scotland, or hope of a Divorce, ●r nullity of the said Marriage) it was appointed, that the same should be con●onveyed over to certain Feoffees in ●rust, to her use, that she by her Indenture under her hand and Seal, solely and without Sir John, might dispose thereof.  
The which Conveyance was directed ●y three living of this Honourable board, viz. the Lord Treasurer, the Lord Privy-Seal, and the Lord Stanhope, and by the Lord Popham, Lord Tanfeild, Sir Thomas Heskt●, Sergeant Dodridge, and Mr. Stephens.  
The land allotted the Lady being sold for 7800 l. with 6500 l. thereof Barne-Elmes was purchased, but Sir John being trusted by the Lady to go to Mr, Stephens to draw the Conveyance. went to other Council, and in the Clause where it should be freely at the Lady's disposal, solely without Sir John; ●he caused to be inserted these words, that the Lady should have power to convey the same to such intents and purposes, as by the said Elizabeth solely, and without the said Sir John Kennedy by writing under her hand and Seal enroled, should be limited and appointed; wherein besides the contradictoriness of the sense he caused in that Deed delivered the Lady (the more to blind her Eyes) Enrolled to be razed and made Indented Deed. 31. December 3d. Jac. 8.  
And after the rasure was found out then by his Deed Dat. 2. July 4. Jac. he the said Sir John did limit power to the Lady by her Deed, Enrolled or not Enrolled to limit Uses.  
The Lady hath been a suitor two Years (if Sir John for saving his own credit will not confess matter to make a Divorce) then that in course of Justice she may be admitted to her proof, which for that it concerneth matter of state (as is suggested) she is denied.  
1. And therefore she hopeth, it is ●ut the same Equity to stay his proceed touching her Estate, against her or her Feoffees in Course of Justice, considering it is not by her laches that the Marriage is not disproved, until both the said causes having a dependency one upon another, may be handled at this Board.  
2. The Course of Conveyance by Feoffees, was by Honourable Personages, grave Judges and learned Lawyers, directed when the Lady was supposed the true Wife of Sir John, and they held in Law and Equity sufficient, and now à fortiorè it should be more sufficient, she being none of his Wife, if she may be admitted to proofs.  
3. Sir John hath already advanced himself by the sale of the Lady's Estate, over and above the Purchase of Tonbridge which cost 8500 l. wherein he hath a Joint Estate of Inheritance, and all her Debts that he hath Paid 7700 l.  
4. If the Course propounded at this Honourable Board shall not hold, then will the Lady never assent to sell, and so shall the Debts of the Lady before Marriage now resting unpaid being 2207 l. and Sir John's own Debts rest unsatisfied to the oppression and clamour of many poor men, and the King still troubled with renewing his protections.  
5. If Sir John should proceed in Course of Justice, and that the Conveyance made to Feoffees should not be held sufficient, and strong enough to convey the same to the Lady; yet Sir John can have but the profits thereof, being but 300 l. and not that clear, which is not able to pay half the Use of the Money.  
6. Besides before any Suit began, the said Manner of Barne-Elms was for Valuable Consideration of money lent, mortgaged, and now resteth forfeited, for nonpayment of 2000 l.  

Whether an English Jurisdiction may disannul a Marriage made in Scotland.  
A. B. a Scotch man in a Parish Church in Scotland, publicly in the presence of the Congregation, Solemnizeth Marriage with a Scotch-woman.  
About six or seven years after the said Marriage, the Scotch woman pretending that at the time of her Marriage, she was but ten years old, or at the most under twelve, before certain Competent Judges in Scotland procureth a sentence of divorce to be given against the said A. B. whereby the Marriage between A. B. and her was promounced to be void and of no force, and that she was at liberty to marry again to any other, upon this ground that she was under twelve years of Age at the time of her Marriage, and that she never consented thereto after she was twelve years old, nor had Carnal knowledge from the said A. B. from which sentence no Appeal or provocation was made.  
Afterwards the said A. B. coming into England did solemnize Marriage with an English Woman, the Scottish Wife being then living; after which Marriage, the said A. B. and the English woman for certain years Cohabited together here in England as Man and Wife, the said English woman being Ignorant of the Premises done in Scotland, during the time of her cohabitation with the said A. B. the Scottish woman dyeth, after whose Death, the English woman being certified, that A. B. had another Wife living when he married her, so as he could not be her lawful Husband at the time of her Marriage, the said A. B. and she dwelling both in England: she refraineth from the company of A. B. and complaineth to the Eccleastical Judges in England, having Jurisdiction in the place where the said A. B. and she dwelleth, and craving Justice, offereth to prove that the said A. B. and the said Scotish woman were lawful man and wife, and after the said Marriage had Carnal knowledge of each other, and that they cohabited together as man and wife five or six years, after she was twelve years of Age, admitting she had been under that age at the time of her Marriage, and desireth to be admitted Judicially according to the ordinary course of Law, to allege and prove her aforesaid assertions before the said Judges, and upon proof thereof, to have sentence for the nullity of her own Marriage according to Justice.  
It is objected on the behalf of A. B. that she ought not to be admitted thereto, for these causes (viz) because the Marriage with the Scottish woman was solemnised in Scotland, the sentence of Divorce was given in Scotland by the Judges there, where the Judges of England have no Jurisdiction, nor Superiority over them: that there was no appeal or provocation from that sentence, that it was given by the Judges of an high Courtin Scotland, from whence no appeal lieth; and that if the English woman's Marriage should be proved void here in England, the Justice of the Realm of Scotland, may thereby seem to be taxed.  
The Question is, whether the Ecclesiastical Judges or Judge having Jurisdiction in the place in England where the said A. B. and the English woman dwell, be competent Judges, and may and aught at the Petition of the English woman, to hear and determine this Cause of nullity of the Marriage between herself and A. B. notwithstanding the former objections.  
We are of opinion, without any doubt, that the Ecclesiastical Judge having Jurisdiction in the place in England, where the said A. B. and the said English woman dwell, may, and in Justice is bound, at the Complaint of the said English woman, to hear and determine the said Cause, concerning the validity of her said Marriage, and to pronounce the Marriage between her and A. B. to be void; if she prove before him the matters by her alleged, notwithstanding the aforesaid objections.  
Neither can the Justice of Scotland be thought to be Impeached thereby, though upon sufficient proof made before the Judges here in England, which was not made before the Judges in Scotland, he giveth a Sentence which may seem repugnant to the Sentence given in Scotland.   

Anno Dom. 1610. An. Jac. Reg. 8. Certain Points in Law and Reason, whereby it may plainly appear, that the Question, between the Lady Kenneda and Sir John Kenneda concerning the validity of their Marriage, may and aught by ordinary Court of Law be heard and determined before the Ecclesiastical Judges in England, who have Jurisdiction in the places, where they both dwell: whereupon the Civilians have grounded their opinions, given in this Case to that effect,  
FIrst by Law and Reason there can fall out no Question or controversy between any Persons inhabiting in any Civil Commonwealth or State, but the same must be decided by some Competent Judge or Judges, who ought to have Authority to hear and determine the same, or else there must needs ensue confusion and horror.  
Secondly, when any controversies happen between any Persons proceeding of any Contract whatsoever, and that require a Determination, or ending by Judgement wheresoever the Contract was made; Those Judges are by Law the Competent Judges to hear and determine that controversy, who have Jurisdiction and Power in the place where both the parties, or party defendant, dwelleth, to hear and determine Causes of that Nature.  
Thirdly, If there fall out any controversy between any two Persons, the Defendant cannot be compelled to appear to answer the Plaintiff, but before the Judge of the place, where the Defendant dwelleth, and especially if the Plaintiff himself dwelleth under the same Jurisdiction.  
Fourthly, In all causes where there may ensue Peril of Soul, and continuance of sin, the Judge of the place ought of his Office to inquire thereof, and redress the same though no man complain thereof.  
Whereupon it followeth, that the Ecclesiastical Judges here in England, who have Authority to hear Causes of Matrimony, are the competent udges, and have po●er to hear and determine this matter of the lawfulness or unlawfulness of the Lady's Marriage, and the rather for that the Lady's Marriage (which is the Principal matter in Question) was made and solemnised here in England.  
If it be objected, That because that Point whereupon the validity or invalidity of the Lady Kenneda's Marriage dependeth, viz the Marriage between Sir ●ohn and Isabel Kenneda is already adjudged by a definitive Sentence long ●ince, from which there hath been no Appeal or provocation; and therefore it must bar the Lady. We answer although in causes of other Nature, where no danger of sin might ensue, though the sentence were against the Truth; if a sentence be once lawfully given, and not Appealed from in due time, the matter cannot be called in question again: Yet where a sentence is given to dissolve or annul a lawful Matrimony, that sentence may at any time, though never so long after, be called in question and reversed, whensoever it may be made to appear that the truth is contrary to that sentence, and that may be done even by the party himself who obtained that sentence; and therefore not only Sir John Kenneda, but Isabel herself might have reversed that sentence, proving the same was given by error: Much less shall the Lady who was not Party to that suit, be thereby debarred from proving the Nullity of her Marriage, being a distinct cause from that. And the reason of the difference between a sentence against a Matrimony and a sentence in another Cause, is, because in other causes, where no fear is of sin, or peril of soul to ensue, the Parties may may by their agreement, make what end of the business they list by Composition or other ways; and therefore if they do not appeal from the sentence given against them, they are thought by the consent to confirm the same; but because a Marriage by God's Law cannot be dissolved by the agreement or consent of the Parties, no sentence threin given against a Marriage contrary to the truth, by error, can by the Parties agreement be confirmed, lest if it should be otherwise, thereby they might by colour of the erroneous sentence marry other persons and live in Adultery. Nay more, if the Parties themselves thus erroneously divorced contrary to the truth would hold themselves contented with the sentence. If either of them marry any other person, or they both live incontinently with other persons, the Judge of that place, where they inhabit, may and aught of his own Office to enforce the Parties so by error divorced to live together again as man and wife, and separate them from their second Spouses.  
If it be objected that the sentence was given in another Country, where the Judges of England have no jurisdiction, and in an high Court from whence, there lieth no Appeal, and that the Judges of England have no superiority to call their sentences in question, and that herefore the Lady cannot call that divorce in question here. We answer, that the Principal cause in this case of the Ladies, is not to reverse or call in question the sentence given in Scotland, but the principal cause here is, whether her Marriage made in England with Sir John, be of validity or no; for that (as we say) Sir John had another Wife living (viz. Isabel Kenneda) at the time of her Marriage, without any mention to be made by the Lady of any sentence of divorce given in Scotland; this Question of Divorce is brought in but incidently by Sir John in this Cause, and also vainly and impertinently, if it can be proved that the truth is contrary to that sentence. For that sentence is in Law merely void, and cannot bar the Lady for the reasons before alleged, and for that Ecclesia was decepta in giving of that sentence: now when a sentence which is void in Law (and especially against a Marriage) is called in question but incidently before any Judge whatsoever though, an inferior, in a cause that doth principally belong to his jurisdiction: That Judge may take knowledge of, and incidently examine the validity of that sentence, whether it were good or no, by whom and wheresoever that sentence was given; though he were never so superior a Judge; not to the end to reverse, or expressly pronounce that sentence to be void or not void, but as he findeth it by examination of the Cause to be good or void, so to give sentence accordingly, and determine the cause Principally depending before him, without ever mentioning the erroneous sentence in his sentence.  
Neither can the sentence given here for the Nullity of the Lady's Marriage upon other matter, than was pleaded and proved before the Judges in Scotland, although the same sentence had been principally called in question, and directly pronounced to be void, any ways impeal the Justice of Scotland, for sigh Judges in all Courts and causes, must Judge according to that which is alleged and proved before them; what impeachment is it to the Justice of any Judge (although his sentence be revoked, and and a contrary sentence given by another Judge) when the parties between whom the suit is, either cannot, or through negligence or collusion will not allege or make such proof before him the first Judge as they might, but afterwards before the second Judge, good and sufficient proof is made, a matter which falleth out every day here in England, in every Civil and Ecclesiastical Court upon Appeal made from one Court to another, and the like falleth out in all other Countries, and yet the former Judge whose sentence is reversed, thinketh not himself any whit impeached of injustice thereby.  
That the absurdities which would ensue may by example more plainly appear, if the Law should not be as we say. Put this Case, a Widower in the Confines of England towards Scotland, marrieth a Wife in a Parish Church publicly, in the presence of a hundred Witnesses, and afterwards they live together by the space of a year, and have a Child; at the years end upon some discontentment, they both being disirous to be rid, the one of the other; the woman in England sueth her Husband to be divorced from him, pretending that at such time as he married her, he had another wife living, and produceth witnesses which prove that he had married another wife before he married her, and peradventure make some probable show, that that wife was living, when he married his second wife; who in truth was dead before, as the man could have plainly proved by twenty witnesses, if he had listed: Notwithstanding the husband being willing to be rid of his wife, either would not plead, that his former wife was dead, or else would not make any proof thereof, Whereupon the woman obtaineth sentence against the man, whereby the Marriage between them two, by this Collusion and error is pronounced void, from which sentence there was no Appeal or provocation: Now within a Month after this Divorce, this man goeth into the Confines of Scotland, not Ten Miles from the place, where he and his divorced wife formerly dwelled, and there he marrieth another woman, being ignorant of the former wife and Collusory Divorce, and there Cohabiteth and dwelleth with her. This woman shortly after understanding of the premises, and that she could not be his lawful wife, but lived in Adultery with him; desireth before the Judge in Scotland, under whose Jurisdiction they both dwell, to be divorced from him, and to be delivered from her Adulterous living with him, and offereth to prove all the Premises most manifestly; were it not now a most absurd and abominable thing, that this woman, should have no remedy any where, but be enforced to live still in Adultery with this man, because the sentence of divorce was given by a Judge in England, pronouncing the marriage between the man and his second wife to be void, whereas it can be most manifestly and apparently proved, that the first wife was dead before his second Marriage, and so the sentence was given against the apparent Truth? And what impeachment of Justice can this be to the Judge in England, before whom it was never proved, that the man's first wife was dead, to have his sentence reversed upon new proofs made before the Judge in Scotland.  
Now between the Lady's Case, and this Case there is no difference in truth of matter and point of Law, only by reason of the multitude of the witnesses, the nearness of the time and place, when and where, these things in this Case were done; the truth whereof may more easily and readily be proved than in the Ladies Cause it can, though with more difficulty, the cases are all one.  
If any man shall yet doubt, whether this cause can be heard and determined by the Ecclesiastical Courts in England, it is desired, that Sir John's Council, considering the Marriage was made here in England, and the Lady and Sir John do both dwell here, and by Law Sir John is not compellable to appear in any other place than in England, for this matter, I would tell before what Judge this matter should be heard and determined; for it is to be presumed, that when two persons live in Adultery together, and so in continual sin, and the one of them seeketh red●ess, and to be freed from that sinful and Adulterous Life; no man will say, that he or she shall be compelled to live notoriously in Adultery still, and have no Judge at all to separate them and remedy this enormity.  
If further doubts be made how, where, or in what manner proof shall be made in this Cause: It is said that this Question doth not concern the Question, what Court, or or before what Judges the Cause shall be heard and determined; But to this, it, is answered; That the Proofs shall be made in such manner, as they be ordinarily in all other Cases, that is, by the answers of the contrary part upon Oath, by such witnesses as they can procure voluntarily to come before the Judges here, from whence, or out of what Country soever they can procure them: If they will not come voluntarily, then if they be within the Jurisdiction of the Judge, and the Party producent think so good, he shall have process to compel them to come before the Judge; if they dwell so far off, as that it will be too chargeable to bring th●m before the Judge, than a Commission shall be granted to some Commnsioners, to examine them near the places where they dwell, and this if they dwell within the Judge's Jurisdiction, but if the witness dwell out of the Judge's Jurisdiction, in any other place, Realm, or Country, than the Judge of the Cause may direct requisitory to the Judges of the places, or Countries, where the witness dwells, to entreat them to examine the witness remaining there by their Authority, and to send them depositions to the Judge of the Cause. Also by the Records of other Courts, or any other Instruments or Writings which may any way further the Cause; these being the ordinary and usual courses, used for making of Proof in every Cause, every day, and will not be denied by any acquainted with the proceed in any Ecclesiastical or Civil Courts.    

Anno Dom. 1611. An. Reg. Jac. 9 The Commission and Warrant, for the Condemnation, and burning of Bartholomew Legatt, who was burnt in Smith-feild in London, 1611. for Heretical Opinions.  
JAmes, by the Grace of God, King of England, Scotland, France and ●reland, defender etc. To our right Trusty and well beloved Councillor Thomas Lord Elsmere our Chancellor of England, Greeting:  
Where the Reverend Father in God John Bishop of London, having judicially proceeded in a Cause of Heresy against Bartholomew Legatt of the City of London, in the Diocese of the Bishop of London, concerning divers wicked Errors, Heresies and Blasphemous Opinions, holden, affirmed and published by the said Bartholomew▪ Legatt, and chiefly in these thirteen Blasphemous Pos●●ons following, viz. That the Creed called the Nicene Creed and Athanasius Creed, contain not. a profession of the true Christian Faith, or that he will not profess his Faith according to the same Creeds, that Christ is not God of God begotten, not made, but begotten and made; that there are no Persons in the Godhead; That Christ was not God from Everlasting, but began to be God when he took flesh of the Virgin Mary, that the World was not made by Christ, that the Apostles teach Christ to be man only, that there is no Generation in God, but of Creatures, that this Assertion, God to be made Man, is contrary to the Rule of Faith, and monstrous Blasphemy; That Christ was not before the fullness of time Except by Promise, that Christ was not God otherwise than an anointed God, that Christ was not in the form of God Equal with God, that is in substance of God, but in Righteousness and giving Salvation, that Christ by his Godhead wrought no Miracle, that Christ is not to be prayed unto; wherein he the said Bartholomew Legatt, hath before the said Reverend Father, maintained his said most dangerous and Blasphemous Opinions, as appeareth by many his Confessions publicly made and acknowledged, for which his Damnable and Heretical Opinions, he is by Difinitive sentence, by the said Reverend Father John Bishop of London, with the Advice and Consent of other Reverend Bishops, Learned Divines, and others Learned in the Laws assisting in Judgement, Justly adjudged, pronounced and declared to be an obstinate and incorrigible Heretic, and is left by them under the sentence of the great Excommunication: and therefore as a Corrupt Member to be Cutt off from the Church of Chest, and society of the Faithful, and is to be by our secular Power and Authority as an Heretic punished, as by the Significavit of the said Reverend Father in God, the said Bishop of London, bearing date at London the third day of March, in the year of our Lord, 1611. In the ninth year of our Reign▪ and remaining in our Court of Chancery more at large appeareth. And although the said Bartholomew Legatt hath since the said sentence pronounced against him, been often very Charitably moved, and exhorted, as well by the said Bishop, as by many grave and Learned Divines, to dissuade, revoke and remove him from the said Blasphemous and Heretical Opinions; yet he arrogantly and wilfully persisteth and continueth in the same: We therefore according to our Regal Function and Office, minding the Execution of Justice in this behalf, and to give Example to others, lest they should attempt the like hereafter: Have determined by the Assent of our Council to will and require, and do hereby Authorise and Require you our said Chancellor, Immediately upon the receipt hereof, to award and make out under our great Seal of England, our Writ of Execution according to the Tenor in these Presents ensuing; and these Presents shall be your sufficient Warrant and Discharge for the same.  

The WARRANT.  
THE King to the Sheriffs of London▪ greeting: Whereas the Reverend Father in Christ John Bishop of London, hath signified unto us, that when he in a certain business of Heretical pravity against one Bartholomew Legatt our Subject of the City of London, of the said Bishop of London's Diocese and Jurisdiction, rightly and lawfully proceeding by Acts enacted, drawn, proposed, and by the Confessions of the said Bartholomew Legatt, before the said Bishop Judicially made and acknowledged, hath found in the said Bartholomew Legatt, very many wicked Errors, false opinions, Heresies, and cursed Blasphemies, and Impious Doctrines, expressly contrary and repugnant to the Catholic Faith and Religion, and the Holy word of God, knowingly and maliciously, and with a pertinacious and obdurate plainly Incorrigible mind, to believe, hold, affirm and publish; the same Reverend Father the Bishop of London with the advice and consent, as well of the Reverend Bishops and other Divines, as also of men Learned in the Law, in Judgement sitting and assisting, th● same Bartholomew Legatt by hi● Definitive Sentence hath pronounced, decreed, and declared to be an Obdurate, Contumacious and incorrigible Heretic, and upon that occasion as a stubborn Heretic, and rotten contagious Member to be cut off from the Church of Christ, and the Communion of the Faithful, whereas the Holy Mother Church hath not further to do and prosecute in this part, the same Dramatic Father hath left the aforesaid Bartholomew Legatt, as a Blasphemous Heretic to our secular power to be punished with Condign punishment, as by the Letters Patents of the said Reverend Father in Christ the Bishop of London in this behalf, above made hath certified unto us in our Chancery; We therefore as a Zealot of Justice, and a defender of the Catholic Faith, and willing to maintain and defend the holy Church, and Rights, and liberties of the same, and the Catholic Faith, and such Heresies and Errors every where what in us lieth, to Root out and extirpate, and to punish with Condign punishment such Heretics so Convicted, and deeming that such an Heretic in form aforesaid, Convicted and Condemned according to the Laws and Customs of this our Kingdom of England in this part occasioned, aught to be Burned with Fire, We do Command you that the said Bartholomew Legatt, being in your Custody, you do Commit publicly to the Fire, before the people, in a public and open place in West-Smithfield, for the Cause aforesaid, and that you cause the said Bartholomew Legatt to be really burned in the same Fire, in detestation of the said Crime, for the manifest Example of other Christians, lest they slide into the same fault, and this that in no wise you omit, under the peril that shall follow thereon, witness, etc.    

Anno Dom. 1611. An. Reg. Jac. 9 The Commission and Warrant for the Condemnation and Execution of Edward Wightman, at Lichfield, 1611. with an Account of his Heretical Opinion.  
●Ames, by the Grace of God, King of England, Scotland, France and ●eland, Defender of the Faith, etc. To our Right Trusty, and Right well-beloved Counsellor, Thomas, ●ord Ellesmere, our Chancellor of ●ngland, Greeting. Whereas the Re●erend Father in God, Richard, Bi●op of Coventry and Lichfild, Having ●diciously proceededf in the Examina●on, Hearing, and Determining of a Cause of Heresy against Edward Wight●an, of the Parish of Burton upon ●rent, in the Diocese of Coventry and lichfield; Concerning the wicked He●sies of the Ebionites, Corinthians, Va●ntinians, Arrians, Macedonians, of ●imon Magus, of Manes, Manichees, of Photinus, and Anabaptists, and 〈◊〉 other Heretical, execrable, and unheard of Opinions, by the Instinct 〈◊〉 Satan, by him excogitated and holden viz.  
1. That there is not the Trinity 〈◊〉 Persons, the Father, the Son, and the Holy Ghost, in the Unity of the Deity. 2. That Jesus Christ is not the true Natural Son of God, perfect God, and of the same Substance, Eternity and Majesty with the Father, in respect of his Godhead. 3. That Jesus Christ is only Man, and a mere Creature, and not both God and Man in one Person. 4. That Christ our Saviour took not Humane Flesh of the Substance of the Virgin Mary his Mother; and that that Promise, the Seed of the Woman shall break the Serpent's Head, was not fulfilled in Christ. 5. That the Person of the Holy Ghost is not God Coequal, Coeternal and Coessential with the Father and the Son. 6. That the three Creeds, viz. the Apostles Creed, the Nicene Creed, the Athanasian Creed, are the Heresies of ●e Nicolaitaines'. 7. That he the ●id Edward Wightman is that Prophet spoken of in the Eighteenth of deuteronomy in these words, I will ●ise them up a Prophet etc. and that ●at place of Isaiah, I alone have trodden ●e Wine-press; and that that place, ●hose Fan is in his hand, are proper ●d personal to him the said Edward ●ightman. 8. And that he the said ●ightman is that Person of the Holy ●host spoken of in the Scriptures, ●d the Comforter spoken of in the ●xteenth of St. John's Gospel, 9 And at those words of our Saviour Christ the Sin of Blasphemy against the ●oly Ghost, are meant of his Person. ●●. And that that place, the Fourth ●● Malachy, of Elias to come, is ●ewise meant of his Person. 11. That ●e Soul doth sleep in the Sleep of ●e First Death, as well as the Body, ●d is mortal as touching the Sleep ●e first Death as the Body is: And ●t the Soul of our Saviour Jesus ●rist did sleep in that Sleep of Death well as his Body. 12. That the Souls of the Elect Saints Departed, are not Members possessed of the Triumphant Church in Heaven. 13. That the Baptising of Infants is an abominable Custom. 14. That there aught not in the Church the use of the Lords Supper to be celebrated i● the Elements of Bread and Wine; and the use of Baptism to be celebrated in the Element of Water, as they are now practised in the Church of England: but that the use of Baptism i● to be administered in Water, only to Converts of sufficient Age and Understanding, converted from Infidelity to the Faith. 15. That God hath ordained and sent him the said Edwar● Wightman, to perform his part in the Work of the Salvation of the World to deliver it by his Teaching or Admonition, from the Heresy of the Nicolaitanes, as Christ was ordained and sent to save the World, and by hi● Death to deliver it from Sin, and to reconcile it to God. 16. And tha● Christianity is not wholly professed and preached in the Church of England, but only in part, wherein he ●he said Edward Wightman, hath before the said Reverend Father, as al●o before our Commissioners for Cau●es Ecclesiastical, within our Realm of England, maintained his said most perilous and dangerous Opinions, as appears by many of his Confessions, ●s also by a Book Written and Subscribed by him, and given to us; for the which his damnable and heretical Opinions, he is by Divine Sentence declared by the said Reverend Father, ●he Bishop of Coventry and Lichfield, with the Advice and Consent of Learned Divines, and others Learned in ●he Law, assisting him in Judgement, ●ustly adjudged, pronounced and declared to be an obstinate and incorrigible Heretic, and is left by them under the Sentence of the great Excommunication; and therefore as a Corrupt Member to be cut off from ●he rest of the Flock of Christ, lest he should infect others professing the true Christian Faith; and is to be by our Secular Power and Authority, as an Heretic punished: As by the Significavit of the said Reverend Father in God, the Bishop of Coventry and Lichfield, bearing Date at Lichfield the Fourteenth day of December, in the Ninth Year of our Reign, and remaining in our Court of Chancery, more at large appeareth. And although the said Edward Wightman hath since the said Sentence pronounced against him, been often very charitably moved and exhorted, as well by the said Bishop, as by many other Godly, Grave and Learned Divines, to dissuade, revoke and remove him from the said Blasphemous, Heretical and Anabaptistical Opinions; yet he arrogantly and wilfully resisteth and continueth in the same. We therefore, according to our Regal Function and Office, minding the Execution of Justice in this behalf, and to give Example to others, lest they should attempt the like hereafter, have Determined, by the Assent of our Council, to will and require, and do hereby Authorise and Require You our said Chancellor, immediately upon the Receipt hereof, to award, and make out, under Our Great Seal of England, Our Writ of Execution, according to the Tenor in these presents ensuing; And these presents shall ●e your sufficient Warrant and Discharge for the same.  
Then was a Warrant granted by the King, to the Lord Chancellor of England, to award a Writ under the Great Seal, to the Sherriff of Lichfield, for Burning of Edward Wightman, delivered over to the Secular Power by the Bishop of Coventry and Lichfield.  

The Warrant.  
THE Kng to the Sheriff of Our City of Lichfield, Greeting, Whereas the Reverend Father in Christ, Richard, by Divine Providence, of Coventry and Lichfield Bishop, hath signified unto Us, That he judicially proceeding, according to the Exigence of the Ecclesiastical Canons, and of the Laws and Customs of this our Kingdom of England, against one Edward Wightman of the Parish of Burton upon Trent, in the Diocese of Coventry and Lichfield, of and upon the Wicked Heresies of Ebion, Cerinthus, Valentinian, Arrius, Macedonius, Simon Magus, of Manes, Manichees, Photinus, and of the Anabaptists, and other Arch Heretics; and moreover of other cursed Opinions, belched, by the Instinct of Satan excogitated, and heretofore unheard of; the aforesaid Edward Wightman appearing before the aforesaid Reverend Father, and other Divines and Learned in the Law, assisting him in Judgement, the aforesaid Wicked Crimes, Heresies, and other detestable Blasphemies and Errors, stubbornly and pertinaciously, knowingly, maliciously and with an hardened Heart, published, defended and dispersed, by definitive Sentence of the said Reverend Father, with the Consent of Divines, Learned in the Law aforesaid, justly, lawfully, and Canonically, against the said Edward Wightman in that part brought, stands adjudged and pronounced an Heretic; and therefore as a diseased Sheep ●ut of the Flock of the Lord, lest our subjects he do infect by his Contagion, he hath decreed to be cast out ●nd cut off. Whereas therefore the Holy Mother-Church hath not further in this part what it ought more ●o do and prosecute, the same Reverend Father, the same Edward Wightman as a Blasphemous and Condemned Heretic, hath left to our Secular Power to be punished with Con●●ign Punishment, as by the Letters Patents of the aforesaid Reverend Father the Bishop of Coventry and Lichfield in this behalf thereupon made, is certified unto us in our Chancery. We therefore, as a Zealot of Justice, and a Defender of the Catholic Faith, and willing that the Holy Church, and the Rights and Liberties of the same, and the Catholic Faith to maintain and defend, and such like Heresies and Errors every where, so much as in us lies to ●oot out and extirpate, and Heretics so convict, to punish with Condign Punishment; holding that such an Heretic in the aforesaid Form Convi●● and Condemned according to th● Laws and Customs of this our Kingdom of England in this part accustomed, aught to be Burned with Fire● We command thee, that thou cause the said Edward Wightman, being i● thy Custody, to be committed to the Fire in some public and open Place● below the City aforesaid, for the Cause aforesaid, before the People; and the same Edward Wightman in the same Fire, cause really to be Burned in the Detestation of the said Crime; and for manifest Example of other Christians, that they may not fall into the same Crime: And this no ways omit, under the Peril that shall follow thereon. Witness, etc.    

Anno Dom. 1616. An. Reg. Jac. 14. ● Order of the King's Privy Council sent to the Peers of the Realm, for the Trial of the Earl and Countess of Somerset.  

Whitehall, Apr. 24. 1616.  
AFter our very hearty Commendations to your Lordship; ●hereas the King's Majesty hath reaved, that the Earl of Somerset, and ●e Countess his Wife, lately indicted ●f Felony for the Murder and Poisoning of Sir Thomas Overbury, then ●s Majesty's Prisoner in the Tower, ●all now receive their Lawful and public Trial by their Peers, imme●ately after the end of this present ●aster Term. At the Trial of which ●oble Personages, your Lordship's presence, as being a Peer of the Realm, ●nd one of approved Wisdom and In●grity, is requisite to pass upon them. ●hese are to let your Lordship understand, that his Majesty's Pleasure ●● and so commandeth by these our Le●ters, that your Lordship make you● repair to the City of London, by th● Eleventh day of the Month of M●● following, being some days before th● Trial intended; at which time you● Lordship shall understand more of hi● Majesty's Pleasure. So not doubting of your Lordship's Care to observe h● Majesty's Directions, we commit yo● to God,  
Your Lordship's very loving Friends, 

G. Cant.  
T. Ellesmere Canc.  
Fenton.  
E. Wotton.  
Tho. Lake.  
Lo. Dare.  
C. edmond's.  
E. Worcester.  
Lenox.  
P. Herbert.  
R. Winwood.  
F. Grevyll.  
J. Caesar.     

●he Speech of Sir Francis Bacon at the Arraignment of the Earl of Somerset (the Countess having received the King's Pardon.)  
●T may please your Grace my Lord High Steward of England, and you ●y Lords the Peers; You have here ●efore you, Robert, Earl of Somerset, ●● be Tried for his Life, concerning ●e Procuring, and Consenting to the poisoning of Sir Thomas Overbury, ●●en the King's Prisoner in the Tower ●f London, as an Accessary before the ●act.  
I know your Honours cannot be●old this Noble Man, but you must remember the great Favours which ●he King hath conferred on him, and ●ust be sensible, that he is yet a Mem●er of your Body, and a Peer, as you ●re, so that you cannot cut him off ●●om your Body but with grief; and ●herefore you will expect from us that give in the King's Evidence, sound ●nd sufficient matter of Proof to satisfy your Honour's Consciences.  
As for the manner of the Evidence, the King our Master, who (amongst other his Virtues, excelleth in that Virtue of the Imperial Throne, which is Justice) hath given us Command, that we should not expatiate, nor make Invectives, but materially pursue the Evidence, as it conduceth to the points in question.  
A matter, that (though we are glad of so good a Warrant) yet we should have done of ourselves: For far be it from us, by any Strains of Wit or Arts, to seek to play Prizes, or blazon our Names in Blood, or to carry the Day other ways than on sure grounds; We shall carry the Lantern of Justice (which is the Evidence) before your Eyes upright, and so be able to save it from being put out with any grounds of Evasion or vain Defence, not doubting at all, but that the Evidence itself will carry that Force, as it shall need no Advantage or Aggravation.  
First, My Lords, The Course that will hold, in delivery of that which shall say, (for I love Order) is,  
First, I will speak something of the Nature and Greatness of the Offence which is now to be Tried, not to weigh down my Lord with the greatness of it, but rather contrariwise, to ●ew, that a great Offence needs a ●ood Proof: And that the King, how●ever he might esteem this Gentleman heretofore as the Signe● upon his ●inger, (to use the Scripture Phrase) ●et in such a Case as this, he was to ●ut it off.  
Secondly, I will use some few words ●ouching the Nature of the Proofs, which in such a Case are competent.  
Thirdly, I will state the Proofs.  
And Lastly, I will produce the proofs, either out of Examination, ●nd matters of Writing, or Witnesses ●iva voce.  
For the Offence itself, it is of Crimes ●ext unto High Treason, the greatest, is the foulest of Felonies: It hath ●ree Degrees. First, It is Murder by empoisonment. Secondly, It is Mu●der committed upon the King's Prisoner in the Tower. Thirdly, I might say it is Murder under the colour. ● Friendship; but that it is a Circumstance Moral, and therefore I leav● that to the Evidence itself.  
For Murder, my Lords, the fir●● Record of Justice which was in th● World, was Judgement upon a 〈◊〉 therer in the Person of Adam's First born Cain; and though it was not punished by Death, but Banishment, and marks of Ignominy, in respect of the Primogenitors, or the Population o● the World; yet there was a sever● Charge given, that it should not g●● unpunished.  
So it appeareth likewise in Scripture, that the Murder of Abner by Joab, though it were by David respited, in respect of great Services past, or reason of State, yet it was not forgotten. But of this I will say no more, because I will not discourse: It was ever admitted and ranked in God's own Tables, That Murder is of Offences between man and man next unto High Treason, and Disobedience to Authority, which sometimes have been referred to the first Table, because of the Lieutenancy of God in Princes the greatest.  
For empoisonment, I am sorry it should be heard of in our Kingdom: It is not nostri generis, nec sanguinis pec●atum; it is an Italian Comfit fit for the Court of Rome, where that person that intoxicateth the Kings of the Earth, is many times really intoxicated and poisoned himself; but it hath three Circumstances which makes it grievous beyond other matters.  
The First is, That it takes a man away in full peace, in God's and the King's peace; that thinks no harm, ●ut is comforting of Nature with Re●ection and Food, so that as the Scripture saith, his Table is made a Snare.  
The Second is, That it is easily committed and easily concealed; and on ●he other side, hardly prevented, and hardly discovered: For Murder by violence Princes have Guards, and Private Men have Houses, Attendants and Arms. Neither can such Murder be committed, but Cum sonitu, with some overt and apparent Acts, that may discover and trace the Offenders; but by Poison, the Cup itself of Princes will scarce serve, in regard of many Poisons that neither discolour nor distaste: It comes upon a man when he is careless, and without suspicion; and every day a man is within the Gates of Death.  
And the last is, because it concerneth not only the destruction the Maliced men; but of every Man, quis modo tutus erit? For many times, the Poison is prepared for one, and is taken by another; so that Men die other Men's Deaths, Concidit infoelix alieno vulnere: And it is as the Psalmist calleth it, Sagitta nocte volans, the Arrow that flieth by Night, that hath no Aim nor Certainty: And therefore, if any man shall say to himself, Here is great talk of Imposoynment, but I am sure I am safe: For I have no Enemies, neither have I any thing another man should long for. Why, that is all one, he may sit next him at the Table, that is meant to be Empoisoned and pledge him of his Cup: As we may see in the Example of 21 Hen. 8. That where the purpose was to Poison one man, there was Poison put into Barm or Yeast, and with that Barm, Pottage or Grewel, was made, whereby Sixteen of the Bishop of Rochester's Servants were poisoned. Nay, it went into the Almsbasket likewise, and the Poor at the Gate were poisoned; and therefore with great Judgement, did the Statute, made that Year, touching this Accident, make empoisonment High Treason, because it tends to the Dissolving of Humane Society: For whatsoever Offence doth so, is in the Nature thereof High Treason.  
Now, For the Third Degree of this particular Offence, which is, that it is Committed upon the King's Prisoner, who was out of his own Defence, and merely in the King's Pro●ection, and for whom the King and State were a kind of Respondent: It is a thing that aggravates the Fault much: For certainly (My Lord of Somerset) let me tell you this, That Sir Thomas Overbury is the first Man that was Murdered in the Tower of London, save the Murder of the two young Princes, by the Appointment of Richard the Third.  
Thus much of the Offence, now to the Proofs.  
For the matter of Proofs, you may consider, that empoisonment, of all Offences is most secret, even so secret, that if in all Cases of empoisonment, you should require Testimony, you should as good proclaim Impunity.  
Who could have impeached Livi● by Testimony, for the poisoning of the Figgs upon the Tree, which her Husband was wont to gather with his own Hands? Who could have impeached Parasetis for the poisoning of the one side of the Knife she carried with her, and keeping the other side clean; so that herself did eat of the same Piece of Meat that they did, whom she did impoyson.  
These Cases are infinite, and need not to be spoken of the Secrecy of empoisonment; but wise men must take upon them, in these Secret Cases, Solomon's Spirit, that, when there could be no Witnesses, collected the Act by the Affection; but yet we are not at our Cause, for that which your Lordships are to try, is not the Act of empoisonment; for that is done to your Hands: All the World by Law is concluded to say, that Overbury was poisoned by Weston; but the question before you, is of the Procurement only, and as the Law termeth it, as accessary before the Fact; which abetting, is no more, but to do, or use any Act or Means which may aid, or conduce to the empoisonment.  
So that it is not the buying, nor the making of the Poison, nor the preparing, nor confecting, nor commixing of it, or the giving, or sending, or laying of the Poison that did the only Acts that do amount unto the Abettment; but if there be any other Act or Means done or used, to give opportunity of empoisonment, or to facilitate the Execution of it, or to stop or divert any Impediments that might hinder it, and that it be with an intention to accomplish and achieve the empoisonment: All these are Abettments, and Accessaries before the Fact: As for Example, if there be a Conspiracy to murder a man, as he journeyeth on the way by Invitation, or by colour of some Business; and another taketh upon him to dissuade some Friends of his Company, that he is not strong enough to make his Defence; and another hath a part, to hold him in talk till the first Blow be given. All these, My Lords, without Scruple, are Accessaries to the Murder, although none of them give the Blow, nor assist to give the Blow.  
My Lords, He is not the Hunter alone, that lets slip the Dog upon the Deer, but he that lodgeth him, and hunts him out, or sets a Train or Trap for him, that he cannot escape, or the like; but this My Lords, little needeth in this Case: For such a Chain of Acts of empoisonment as this, I think was never heard or seen. And thus much of the Nature of the Proofs.  
To descend to the Proofs themselves, I shall keep this Course.  
First, I will make a Narration of the Fact itself.  
Secondly, I will break and distribute the Proofs, as they concern the Prisoner, and,  
Thirdly, According to the Distribution, I will produce them and read them, to use them, so that there is nothing that I shall say, but your Lordships shall have Three Thoughts or Cogitations to answer it.  
First, When I open it, you may take your Aim.  
Secondly, When I distribute it, you may prepare your Answers without Confusion, and,  
Lastly, When I produce the Witnesses, or the Examinations themselves, you may again ruminate, and read vice to make your Defence.  
And this I do, because your Memory and Understanding may not be oppressed or over-laden with length of Evidence, or with Confusion of Order: Nay more, when your Lordships shall make your Answer in your time, I will put you in mind, where Cause shall be, of your omission.  
First, Therefore Sir Thomas Overbury, for a time, was known to have great Interest and straight friendship with my Lord of Somerset both in his meaner Fortunes, and after, insomuch, that he was a kind of Oracle of Direction unto him; and if you will believe his own Vaunt, (being indeed of an Insolent and Thrasonical Disposition) he took upon him, that the Fortunes, Reputation and Understanding of this Gentleman (who is well known to have an able Teacher) proceeded from his Company and Counsel; and this Friendship rested not only in Conversation, and Business at Court, but likewise in Communication of Secrets of State: For my Lord of Somerset exercising at that time, by his Majesty's special Favour and Trust, the Office of Secretary, did not forbear to acquaint Overbury with the King's Pacquets and Dispatches from all parts of Spain, France and the Low Countries; and this not by glimpses, or now and then rounding in the Ear, for a Favour, but in a settled manner. Pacquets were sent, sometimes opened by my Lord, sometimes unbroken unto Overbury, who perused them, copied them, registered them, made Table-talk of them, as they thought good; so I will undertake, the time was, when Overbury knew more of the Secrets of the State, than the Council-Table did. Nay, they were grown to such Inwardness, as they made a Play of all the World besides themselves; so as they had Ciphers and Jurgons' for the King and Queen, and Great Men of the Realm. Things seldom used, but either by Princes or their Confederates, or at the least, by such as practice and work against, or at the least upon Princes▪  
But understand me, My Lord, I shall not charge you with Disloyalty at this day, and I lay this for a Foundation, that there was great Communication of Secrets between you an● Sir Thomas Overbury, and that it ha● relation to matters of State, and th● great Causes of this Kingdom.  
But, My Lords, as it is a Principle in Nature, that the best things are in their Corruption the worst, and the sweetest Vine maketh the sourest Vinegar; so it fell out with them, that this Excess (as I may say) of Friendship, ended in mortal Hatred on my Lord of Somerset's Part.  
I have heard my Lord Steward say, sometimes in the Chancery, that Frost● and Fraud end foul; and I may add a Third, and that is, the Friendship of Ill Men; which is truly said to be Conspiracy and not Friendship: For it fell out some twelve Months or more before Overbury his Imprisonment in the Tower, that the Earl of Somerset fell into an unlawful Love towards that unfortunate Lady the Countess of Fsse●, and to proceed to a Marriage with her; this Marriage and Purpose did Overbury mainly impugn, under pretence to do the true part of a friend, for that he accounted her an ●nworthy Woman; but the Truth ●as, Overbury, who (to speak plainly) ●ad little that was solid for Religion, ●r Moral Virtue, but was wholly possessed with Ambition and Vain Glo●y, was loath to have any Partners in ●he Favour of my Lord of Somerset; ●nd especially, not any of the House ●f the Howards, against whom he had ●ways professed Hatred and Opposi●tion.  
And my Lords, that this is no sini●er Construction, will appear to you, when you shall hear that Overbury ●ade his Brags, that he had won him ●he Love of the Lady by his Letters ●nd Industry; so far was he from Ca●es of Conscience in this point.  
And certainly, my Lords, howsoever the Tragical Misery of this poor Gentleman, Overbury, might somewhat obliterate his Faults, yet because we ●re not upon point of Civility, but to discover the Face of Truth before the Face of Justice: For that it is material to the true understanding of the Stat● of this Cause, Overbury was naught and corrupt; the Ballads must be me●ded for that point.  
But to proceed, when Overbury sa● that he was like to be Possessor o● my Lord's Grace, which he had possessed so long, and by whose Greatness he had promised himself to d● Wonders; and being a Man of an unbounded, impudent Spirit, he bega● not only to dissuade, but to deter him from the Love of that Lady; an● finding him fixed, thought to find ● strong Remedy; and supposing tha● he had my Lord's Head under his Girdle, in respect of Communication o● Secrets of State, as he calls them himself Secrets of Nature; and therefore dealt violently with him, to make hi● desist with Menaces of Discovery an● the like. Hereupon grew two Stream● of Hatred upon Overbury: the one fro● the Lady, in respect that he crossed her Love, and abused her Name▪ (which are Furies in Women) the other of a more deep Nature, from my Lord of Somerset himself, who was afraid of Overbury's Nature; and if he did break from him, and fly out, he would wind into him, and trouble his whole Fortunes. I might add a ●hird Stream of the Earl of Northampton's Ambition, who desires to be first in Favour with my Lord of Somerset; and knowing Overbury's Malice to himself and to his House, thought that Man must be removed and cut off; so as certainly it was resolved and Decreed, that Overbury must die.  
That was too weak, and they were so far from giving way to it, as they crossed it; there rested but two ways of Quarrel, Assault and Poison: For that of Assault, after some Proposition and Attempt, they passed from it, as a thing too open and subject to more ●ariety of Shame: That of Poison likewise was an hazardous thing, and subject to many Preventions and Caution, especially to such a Working and Jealous Brain as Overbury had, except he was first fast in their Hands: Therefore the way was first to get him into a Trap, and lay him up, an● than they could not miss the Mark And therefore in Execution of thi● Plot, it was concluded, that he should be designed to some Honourable Employment in Foreign Parts, and should underhand by my Lord of Somerset be encouraged to refuse it; and so, upon Contempt, he should be laid Prisoner in the Tower, and then they thought he should be close enough and Death should be his Bail; yet were they not at their End: For they considered, that if there were not a fit Lieutenant of the Tower for their purpose, and likewise a fit Underkeeper of Overbury, First, They should meet with many Impediments in the giving and exhibiting of the Poison. Secondly, They should be exposed to Note and Observation, that might discover them. And Thirdly, Overbury in the mean time might write clamorous and furious Letters to his Friends, and so all might be disappointed: And therefore the next Link of the Chain, was to displace the then Lieutenant Wade, and to place Yelvis a Principal Abettor in the empoisonment, to displace Cary that was Underkeeper in Wade's Time, and to place Weston, that was the Actor in the empoisonment; and this was done in such a while, that it may appear to be done as it were in a Breath. Then when they had this poor Gentleman in the Tower, close Prisoner, where he could not escape, nor stir, where he could not feed but by their Hands, where he could not speak nor write, but through their Trunks; then was the time to act the last Day of his Tragedy.  
Then must Franklin, the Purveyor of the Poison, procure five, six, seven several Poisons, to be sure to hit his Complexion; then must Mrs. Tur●er, the Lay-mistress of the Poisons, advice what works at present, and what at distance; then must Weston ●e the Tormentor, and chase him with Poison after Poison, Poison ●n Salt Meats, Poison in Sweet Meats, Poison in Medicines and Vomits, until at last his Body by the use of Treacle and Preservatives, was so fortified, that the force of the Poisons was blunted upon him. Weston confessing, when he was chid for not dispatching him, that he had given him enough to poison twenty men.  
And Lastly, Because all this asked time, Courses were taken by Somerset both to divert all the true means of Overbury's Delivery, and to entertain him with continual Letters, partly with Hopes and Protestations for his Delivery, and partly with other Fables and Negations: somewhat like some kind of Persons, which keep in a Tale of Fortune-telling, when they have a Felonious Intent to pick their Pockets and Purses. And this is the true Narration of this Act, which I have summarily recited.  
Now for the Distribution of the Proofs, there are four Heads to prove you guilty, whereof two are precedent to the empoisonment; the Third is present, and the Fourth is following or subsequent: For it is in Proofs, as it is in Lights, there is a direct Light, and there is a Reflection of Light, and a double Light.  
The first Head or Proof thereof is, that there was a Root of Bitterness, a Mortal Malice or Hatred mixed, with a deep and bottomless Mischief, that you had to Sir Thomas Overbury.  
The Second is, That you were the Principal Actors, and had your Hand in all those Acts which did conduce to the empoisonment, and gave Opportunity to effect it, without which, the empoisonment could never have been, and which could seem to tend to no other end but the empoisonment.  
The Third is, That your Hand was in the very empoisonment itself, that you did direct Poison, and that you did deliver Poison, and that you did continually hearken to the Success of the empoisonment, and that you spur●ed it on, and called for a Dispatch, when you thought it lingered.  
And Lastly, That you did all things after the empoisonment, which may detect a guilty Conscience for the smothering of it, and the avoiding of Punishment for it, which can be but of three Kind's.  
That you suppressed as much as in you was, Testimony, that you did deface, destroy, clip and misdate all Writings that might give light to the empoisonment; and you did fly to the Altar of Guiltiness, which is a Pardon of Murder, and a Pardon for yourself, and not for yourself.  
In this, my Lords, I convert my Speech unto you, because I would have you alter the points of your Charge, and so make your Defence the better: And two of these Heads I have taken to myself, and left the other to the King's two Sergeants.  
For the first main part, which is the Mortal Malice coupled with Fear that was in you to Sir Tho. Overbury, altho' you did palliate it with a great deal of Hypocrisy and Dissimulation, even to the very end: I will prove it, my Lord Steward, the Root of this Hate, was that which cost many a Man's Life, that is, fear of discovering Secrets; I say, of Secrets of a dangerous and high Nature; wherein the Course that I will hold shall be this.  
I will show that a Breach and Malice was betwixt my Lord and Overbury, and that it burst forth into violent Threats and Menaces on both sides.  
Secondly, That these Secrets were not of a Light, but of an High Nature: I will give you the Elevation of the Pole; they were such as my Lord of Somerset had made a ●ow, that Overbury should never live in Court nor Country; that he had likewise opened so far, that either he or himself must die for it; and of Overbury's part, he had threatened, my Lord, that whether he did live or die, my Lord's Shame should never die; but that he would leave him the most odious Man in the World; and further, that my Lord was like enough to repent, where Overbury wrote, which was in the Tower of London, ●e was a Prophet in that. So there is the highest of the Secret.  
Thirdly, I will show you, that al● the King's Business was by my Lord put into Overbury's Hands, so as ther● is work enough for all Secrets whatsoever, they writ them, and like Princes, they had Confederates, thei● Ciphers and their Jurgons'.  
And Lastly, I will show you, tha● it was but a Toy, to say, the Malice was only in respect he spoke dishonourably of the Lady, or for doubt o● breaking the Marriage, for that Overbury was Coadjutor to that Love; and the Lord of Somerset was as deep in speaking ill of the Lady, as Overbury▪ And again, it was too late for the matter; for the Bargain of the Match was then made and passed: And if it had been no more than to remove Overbury from disturbing the Match, it had been an easy matter to have landed over Overbury; for which they had a fair way, but that would not serve.  
And Lastly, periculum periculo vincitur, to go so far as an empoisonment, must have a deeper Malice than Flashes; for the Cause must have a Proportion in the Effect.  
For the next General Head or Proof, which consists in the Acts preparatory, or middle Acts; they are in eight several Points of the Compass, as I may term them.  
First, There were divers Devices and Projects to set Overbury's Head on Work to dispatch him and overthrow him, plotted between the Countess of Essex, and the Earl of Somerset, and the Earl of Northampton, before they fell upon the Impoisonment: For always before men fix upon a Course of Mischief, there will be some Rejection; but die he must one way or other.  
Secondly, That my Lord of Somerset was principal Practiser, I must speak it in a most perfidious manner, to set a Trap and Train for Overbury, to get him into the Tower, without which they durst not attempt the empoisonment.  
Thirdly, That the placing of the Lieutenant Yelvis, one of the Impoysonments, was done by my Lord of Somerset,  
Fourthly, That the placing of Weston the Underkeeper, who was the principal Impoysoner, and the displacing of Cary; and the doing all this within the space of fifteen Days after Overbury's Commitment, was by the Means and Countenance of my Lord of Somerset; and these were the Active Instruments of the empoisonment ● And this was a business the Lady's Power could not reach unto.  
Fifthly, That because there must be a Cause of this Tragedy to be Acted, and chief, because they would not have the Poisons work upon the sudden; and for that the Strength of Overbury's Nature, on the very Custom of receiving the Poisons into his Body, did overcome the Poisons, that they wrought not so fast; therefore Overbury must be held in the Tower, as well as he was laid in; and as my Lord of Somerset got him into the Trap, so he keeps him in, and abuseth him with continual hope of Liberty, but diverted all the true and effectual Means of his Liberty, and makes light of his Sickness and Extremities.  
6. That not only the Plot of getting Overbury into the Tower, and the Devices to hold and keep him there, but the strange manner of the close keeping of him, being in but for a Contempt, was by the Device and Means of my Lord of Somerset, who denied his Father to see him, denied his Servants that offered to be shut up close Prisoners with him; and in effect handled it so, that he made him close Prisoner to all his Friends, and exposed to all his Enemies.  
Seventhly, That all the Advertisement the Lady received from time to time, from the Lieutenant or Weston, touching Overbury's State of Body and Health, were ever sent nigh to the Court though it were in Progress, and that from my Lady, such a Thirst and Listening he had to hear that he was dispatched.  
Lastly, That there was a continual Negotiation to set Overbury's Head on Work, that he should make some to clear the Honour of the Lady, and that he should be a good Instrument towards her and her Friends; all which was but Entertainment: For your Lordships shall see divers of my Lord of Northampton's Letters, (whose Hand was deep in this Business) written, I must say in dark words and Clauses, that there was one thing pretended, and another thing intended; that there was a real Charge, and somewhat not real, a main Drift and Dissimulatien: Nay further, there be some Passages which the Peers in their Wisdoms will discern, to point directly at the Poysonment.   

King James his Pardon to Frances, Countess of Somerset, for Poisoning of Sir Thomas Overbury.  
James Rex,  
THe King, to whom, etc. Greeting. Whereas the Fountains, ●s well of Mercy as Justice, are wont, ●nd aught to flow from the King's Throne, of which the former of Justice in the memorable Case of the Death and Murder of Sir Thomas O●erbury, in a constant and right Course, ●ath flowed, and is derived from us, ●nd our Royal Court, for the full Satisfaction of ourselves and Subjects: And whereas divers and manifold Causes of our Clemency occur, which ●ay move our Regal Mercy towards Fr. Car, late Countess of Somerset, ●hiefly, that Murder, with so many ●nd such examples of Justice, before this ●ime expiated, especially two, whereof the first respecteth her Father, and Friends, and Family, and Noble Progeny; the other hath respect to her self, because she freely and willingly confessed her Offence, submitting an● prostrating herself at the Altar of ou● Mercy, not only during the time ●● her Imprisonment, but also publicly and in her Trial: And forasmuch a● Lord Ellesmere, our Chancellor ●● England, and being our High Steward of England in that behalf, and a●● her Peers, by whose Judgement sh● was Convict, at the Humble Petition of the said Frances publicly made solemnly bound themselves by thei● promise to intercede for our Royal Mercy towards her; and first, weighting with ourselves the Nature of he Offence, upon which she was Indicted, Arraigned, Convicted and Condemned, viz. that the Process and Judgement were not as of a Principal but as of an Accessary before the Fact and that she seemed to have begun by the Procurement, and wicked Instigation of certain base Persons. Know ye, that We, moved with Pity, o● our special Grace, and of our certain Knowledge, and our mere Motion Pardoned, Remitted and Remised, and by these Presents, for us, our Heirs and Successors, do Pardon, Remise and Release to the aforesaid Frances Car, late Countess of Somerset, or by whatsoever other Name or Surname, or Addition of Name, or of her Surname of Dignity, Place, or Places, the same Frances may be known, esteemed, called or named, or lately was known, esteemed, called or Named, the Slaughter, Killing, Poisoning, Bewitching, Death, Felony, and Felonious Murdering of the aforesaid Sir Thomas O●erbury, or by whatsoever Name, Surname, or Addition of Name or Surname, of Place or Places, the said Sir Thomas Overbury may be known, esteemed, called or named, or lately was known, esteemed, called or named by the said Frances, by herself alone, or with any other Person, or Persons whatsoever, howsoever, in what manner soever, whensoever or wheresoever done, committed or perpetrated, all and all manner of Conspiracies, Felonies, Abettments, Procurements, Incitations, Partnerships, Maintainances, Helps, Hirings, Commands, Councils, Crimes, Transgressions, Wrongs, Offences and Faults whatsoever the aforesaid Death, Slaughter, Killing, Poisoning, Bewitching, Felony and Felonious Murdering of the aforesaid Sir Thomas Overbury, in any wise, touching or concerning, and the Accessary of them as before the Fact, as after the Fact, and Flight and Flights made thereupon, although the said Frances of the Premises, or any of the Premises stand, or not stand Indicted, Impeached, Appellat, Vocat, Rectat, Maneat, Convicted, Condemned, Attainted or Adjudged by the Judgement of her Peers, before the aforesaid High Steward of England, or otherwise howsoever, or thence in time to come, shall appear to be Indicted, Impeached, Appellari, Rectari, Vocari, Waviari, Convicted, Condemned, Attainted or Adjudged; and all and singular Indictments, Judgements, Condemnations, Executions, Pains of Death, Pains of Corporal Punishments, and all other Pains and Penalties whatsoever, of, for, or concerning the Death, Slaughter, Killing, Poisoning, Bewitching, Felonies, and Felonious Murdering of the aforesaid Sir Thomas Overbury, in, upon or against the same Frances, had, made, returned or adjudged, or which we against the same Frances may have in time to come, (Imprisonment at our Royal Pleasure, or Restraint confining to a certain place only excepted) Moreover we do pardon, and by these presents for us, our Heirs and Successors, remit and remise to the aforesaid Frances, all and every Outdowries, which against the same Frances, by reason or occasion of the Premises or any of them, have been proclaimed, or hereafter shall be proclaimed; and all and all manner of Suits, Complaints, Impeachments and Demands whatsoever, which we against the same Frances for the Premises, or any of the Premises have had, have, or in time to come shall have; and the suit of our Peace which appertained to us against the same Frances, or may appertain by reason of the Premises, or any of them, and by these Presents, we do give and grant our firm peace to the same Frances, willing that the same Frances by the Justices, Sheriffs, Escheators, Bailiffs, or any other our Ministers, by the occasions aforesaid, or any of them, be not molested, troubled, or in any manner vexed, so as nevertheless she stand right in our Court, if any towards her should speak concerning the Premises, or any of the Premises, although the said Frances do not find good and sufficient Security, according to the Form of a certain Act of Parliament, of the Sovereign Lord Edward the Third, Late King of England, our Progenitor, held at Westminster, in the Tenth Year of his Reign, for her Good Behaviour from henceforth towards us, our Heirs and Successors, and all our People: And farther, for us, our Heirs and Successors, of our more ample, special Grace, and out of our certain Knowledge, and our mere motion, we will, and grant by these presents, that these our Letters Patent of Pardon, and all and singular the things contained in the same, ●hall stand and be good, firm, valid, sufficient and effectual in the Law, and from henceforth shall by no means become void; and that in time to come, ●he said Frances by any means shall not be Indicted, Arrested, Accused, ●exed or troubled of, for or concerning the Death, Murder, Slaughter, Poisoning, Bewitching, Felony, or felonious Killing of the aforesaid Sir Thomas Overbury, howsoever, or by whatsoever means the said Sir Thomas Overbury came to his End. The Statute of the Sovereign Lord Richard the ●econd, Late King of England, in the Thirteenth Year of his Reign, or any other Statute, Act, Ordinance, Provision, Restriction to the contrary ●hereof notwithstanding. In Testimony whereof, etc. Witness, etc.  
Francis Bacon.    

Anno Dom. 1621. An. Reg. Jac. 19 An Order of the Privy Council.  
Whitehall January 18. 1621.  

Present,  
Lord Keeper.  
Lord Treasurer.  
L. Precedent.  
L. M. Hamilton.  
Earl Martial.  
L. Vis. Falkland.  
Lord Digby.  
Lord Brook.  
Mr. Treasurer.  
Mr. Secret. Calvert▪  
Mr. C●anc. Excheq▪  
Master of the Rolls▪   
Whereas his Majesty is Graciously pleased to enlarge and set at Liberty the Earl of Somerset and his Lady, now Prisoners in the Tower of London ● and that nevertheless it is thought fit▪ that both the said Earl and his Lady be consigned to some convenient place▪ It is therefore, according to his Majesty's Gracious Pleasure and Command▪ Ordered, That the Earl of Somerset and his Lady, do repair either to Gray● or Cowsham, the Lord Wallingford's Houses in the County of Oxon, and remain confined to one or either of the said Houses, and within three Miles compass of either of the same, until further Order be given by his Majesty.   

The Duke of Buckingham ' s Answer to the Spanish Ambassador's Informations, etc. Anno Dom. 1624. in the 22d. of King James.  
From the Original, written by Sir Edward Coke's (than Attorney General) own Hand.  
MY Master's known Wisdom, Justice, and constant Favour towards me, attended with Confidence in my own Faith and Innocency, may make it seem both needless and unfit by any Defence, to show respect to a Libellous Information, which reflecteth wholly upon the Author's Dishonour: For who will not abhor this deplored Art of Calumniating boldly? Because no Aspersion (how false soever) can be washed off so clean, but some discolouring will remain.  
Besides, tho' Conspiracy be a Work of Darkness, hardly to be cleared, because, in it, Suspicions go for Proof; yet my Youth and manner of Life, and even that Character of Irregular Freedom which the Accusers set upon me, will, by Caesar's known Judgement, acquit me thereof: And therefore, if my Personal Disgrace or Danger were the Marks they aim at, I would stand or fall by his Knowledge of me, who hath made me what I am; and hath both Right and Power to unmake me at his pleasure.  
But as that Wife King well understood, that when his Brother demanded the Shunamite, he sought not her but the Kingdom; so his Majesty's piercing Judgement will discover my Name to be the Mask, Himself, his Royal Children, and his Kingdoms to be the true Subjects of this practising Complaint. And tho' the Particulars thereof are forged, partly by Jesuits and their Factions at Home, and partly by corrupt Ministers and Emissaries Abroad; yet the Workmen that manage them are Public Ministers of State, of whose Offices and Sway amongst us, we already feel the smart, and have cause to prevent the Danger that may ensue: especially considering, they are Engines of that affected Monarchy, which hath enlarged itself by Negotiations, more than by Arms: And which by advantage of late Treaties, hath not lately invaded the Patrimonies of his Majesty's Children, but procured such Liberty and Connivance with his own Kingdoms, as they supposed would produce a Rebellion, not to be appeased without the help of their Arms.  
And since their Designs (by God's Providence) are now brought to light, what could Malice itself have attemped more pernicious than by such Infectious Breaches, fury-like to stir Jealousies betwixt the King, his People and most obliged Servants; and which is more horrible, betwixt the Bark and the Tree: Nay, betwixt the Tree itself and all the Branches thereof. Now in respect of these Consequences, altho' my Person be of no Consideration, and happily, by saying nothing, or doing easy Offices, might redeem their Displeasure: Yet where my Duty is so deeply engaged, I, in my Heart, cannot hold; and therefore for their Interests for whom by my humble thankfulness and Faith, I account the chief Hopes and Fruits of my Life; yet so as the World shall bear me Witness, I plead my Cause, the demonstration that his Majesty commanded these Informations; first to be told, and then to be written in the Letters they allege, whereby they excuse themselves of being Informers, as of a Practice too base for Persons of their Rank. But the Truth redoundeth only to his Majesty's Honour. For as in their Treaties, they ever drew us on by making us rich and happy in general Promises, so now by such general contriving of strange Conspiracies and Plots among ourselves, they endeavour to divert us from any further Discovery or Prevention of theirs.  
And this his Majesty perceiving, First pressed them to Particulars, finding their Verbal Charges uncertain, and subject to Inlargment, or Restriction, at the People's Pleasure: he than commanded them to be written so as now they are fixed, and no more in their Power; but may be examined and judged by all men of Understanding, to whose Construction and Censure, I willingly submit both them and my Answer. For what can be the Danger, When in the very Entrance of my Accusation they acknowledge, that the matters objected against me, are not such as may be cleared by Judicial Proofs? And must his Majesty then take them merely upon Trust? Indeed Ambassadors have an Honourable Trust for their Master's Affairs; and if they obtain a like Trust with those Princes to whom they are employed; what will they not persuade? Shall not the Restitution of the Palatinate, the Marriage and Dispensation, and the Portion be made Articles to be added to our Creed? But the Original Sin and Root of all Treasons and Offences laid to my Charge is, that by eating the forbidden Fruit in Spain, mine Eyes have been opened to discover the Evil as well as the Good; and so to trust them no further than they deserve.  
And yet I will not here take them too short, for they say they have Witnesses; but such as for fear of my Power do withdraw themselves; such as dare not speak and deliver their minds, though commanded by the King; and though thereby they suffer the best King in the World to be brought into Extremities; and such as neither will nor dare speak, if first they be not freed from Jealousy and Fear, yet these they pronounce to be his Majesty's Most Faithful Subjects. Surely of our Faith they cannot be which holdeth them Traitors, Faithless and Perjured, that prefer not the Safety, and Honour of their Prince and Country, before the Fear and Respect of any person whomsoever: And if this Fear proveth them to be of their Faith, how can they think, the Entering into the Ambassador's House, to be so heinous, a matter as here is pretended? Doth not all the World know the Liberty they give; and which, as Papists, have taken beyond Examples in this kind? They are not then Mass-Papists, but perhaps of Higher Rank, having Place and Access to deliver their Minds to the King if they durst.  
And such only are worthy their Nomination, and his Majesty's Audience in Matters of this Weight. His Majesty therefore, to go beyond Craft and Malice, hath, in his Royal Wisdom and Justice, by a new Example, permitted even the great men, which by their ordinary Access might be subject to this Scandal, to be examined upon Oath. And what the Accusers gained thereby, let them boast, and show reason (if they can) why the Honour done me in their Answer, should not give both his Majesty and the World Satisfaction on my behalf; and why they themselves, (till they produce other Authors) should not be reputed the Inventors of these Scandals and Reports? And whereas they say in in the end, that there wanteth not means to free these honest Men (as they call them) from Fear and Distrust: Indeed the Inquisition of Spain is said to have found the way, First to Imprison, and keep close, and so encourage Accusers, if such be not ready found, then to force men by Extremities to be Accusers of themselves. But howsoever this way hath prevailed to Exterminate from their Country that which they call Heresy, and we True Religion: Yet considering no other Nation approveth it as Lawful and Just, I hope I shall not be the first Example of planting it amongst us.  
But they say further, though his Subjects durst not, yet the Ambassadors would have informed his Majesty against me, if any free Audience could in my Absence have been obtained. And why in my Absence? Or why should not the Ambassador of so Great a King accuse me to my Face? Or how could they without Dishonour to their Master and themselves, traduce me behind my Back? And why did my Industrious seeking to be present, argue my Fear and Diffidence of Conscience, and not rather an assured Confidence in my Truth? But this (say they) is not to be done, save only where the King is of small Experience or under Age, or of no Judgement, and the Favourite wise, circumspect, and of great Judgement and Experience; and not in this Case where every thing is contrary. Whereunto I answer, that I am most willing to lay my Honour at my Master's Feet in the Dust; so as the World be sensible with greater Indignation of this Jesuit-school-wit that by the Figure of Opposing, my Master to me, and him to other Princes, seemingly flattereth, really staineth the Honour both of our and their Kings.  
For ours, the Freedom of Access, Discourse, Conversation and Entertainment he giveth to all Ambassadors, is such a Singular Glory to all his Royal Abilities, and Gracious Disposition as no Favourite can Eclipse, no Carper can blemish: And for theirs, wha● Power Favourites have had in their Accesses and all Affairs, every Ma● knoweth, that knoweth aught o● Spain: And must we therefore apply the Use and Honour of their Favourites, to the disabling of their King▪ As unexperienced and precipitate as they make me, I know my Duty better; and do well understand, that Favourites do then vanish, when their Master's Greatness by them becometh less: Yet this is not all; for they tell us, that his Majesty is Most Wise, o● Great Experience, and the best King in the World. And this they repeat, that with the Sugar of these Epithets they may cover their Bitter Pills▪ For they forbear not withal to say, that he suffereth a Precipitate Novice to be too Powerful with him, that his Most Faithful Subjects dare not deliver their Minds unto him: And that thereby he is brought into Great Extremities, and doth many unfit things.  
And are these Figures to be used to Princes? Did the Ministers of Great Monarches thus by Deeds confute Words? And am I the Cat they whip, to make the King believe I draw him over the Pool? This savoureth not of that Modesty which I may challenge to myself, if I acknowledge those defects they charge me withal. And yet when they have laid me as low as they please, they shall find my weak Understanding supported sufficiently with my Master's Wisdom: And for my Experience, though I may assume somewhat by so many Years Trust and Employment under him; yet somewhat more I have learned in Spain, to be put in practice when my Service shall be commanded in those Parts. Notwithstanding I confess ingeniously, that what I do amiss, proceedeth from my own Precipitation and Error. And what I do well, is by my Master's Wisdom and Instruction, for which I own him more, than for his great Favour, and the Fortunes I enjoy. But for these Actions, which under the Veil of my Name, they endeavour to make odious to their Party, I profess, that as they are really his Majesties or the Princes; so they are well approved by the chiefest and best part of Christendom, as tending to the Honour of his Wisdom, the Good of the Prince, the Happiness o● the People, and the Settling of this State in their Posterity for ever.  
For the better clearing whereof, I will proceed to a particular Examination of those Extremities to which they say his Majesty is now brought.  
The First is the Enmity of their most powerful King by my industrious Procurement. And why his Enmity? Because the Treaties are dissolved. And is this a necessary Consequence, that either we must suffer them by Treaties to undermine and compass all their ends, or else undergo their Enmity, and (as they afterwards interpret it) a most cruel War? And is not this a Proclamation to all the World, that they aspire to such an absolute Monarchy, as so many Books Stories, Discourses, and the general Complaints of all Princes and States have long charged them with? And indeed, as the true Character of their Religion is Persecution and Blood, so the true mark of their Empire is Oppression and War: Yet cannot these Threaten amuse or disturb the Religious and peaceable Resolutions of our King, Prince and People. They hate War, they pray against it, they love Peace, they prosper by it; and therefore endeavour by all means to preserve it: But if they be assailed, they cannot but remember how God's Mighty Hand, by a Late Queen of peace, brought down her Enemy's greatness and pride, to acknowledge the Sovereignty of a despised people, which ever since hath resisted and balanced their power: And therefore they cannot but hope, that the same Arm by a King of peace, shall in the end prevail with them to entertain a safe peace upon more equal Terms; and then all men shall have cause to applaud that Wisdom and Resolution which these men are troubled with, and therefore speak against.  
The next Extremity they complain of is the calling of a Parliament by my procurement, and to my ends, wherein the Honour they do me is more than I am capable of. And for the Jealousy they would raise of making myself Head of that Council, or the Puritan Faction; my Master will laugh at it, and thereby know they want probable Matter to object against my Faith; which when they question, they assail me in my Strength, and shall find my Deeds as ready and confident Justifications as my Words. But it is not my Faith or Aspiring, they here would bring in doubt; they have a further Strain: For as before they made my Name a Fume to disquiet the Head; now they make it a Poison to carry Infection into the Body.  
For, What is the Parliament, but the Body of the Kingdom? And why do they slain it with the hateful Name of Puritan, but to make it odious to the King? Indeed such Names help the Jesuits in Disputes of Religion, when they are driven from all real Defences; and would they practise this deplorable Art in the Matters of State, if they were not in his Case that called Christ Galilean, when he was vanquished by his Power? For who knoweth not the Upper House of Parliament consisteth of all the Prelate's and Peers, and the Nether House of near 500 Knights and Burgesses, Elected and sent out of all Parts of ●he Kingdom? And are all these Puritans? Do my Plots receive better Entertainment amongst them than with ●he Council of State? And doth this reproachful Comparison honour or dishonour those Able and Wise Men who are here presented to be well ●ffected to their Cause? but their end ●as no Man's Honour: It was to break ●he Parliament, by setting Faction a●ongst the Members of both House's, as well as with the Head; and their ●and is most evident in misrepresenting the Case.  
For where they say, that almost every one of the Council both liked and allowed of the Propositions of the Catholic King, and found therein no Cause to dissolve the Treaty. They conceal that the Proposition was then made for the Palatinate alone, supposing the Treaty of the Marriage should proceed: And in that Case it might seem reasonable to very Wise Men● that the other Treaty should not b● broken off. But in Parliament where both Parties come in Question together, not one of those Able and Wise Men (for they were all Members of the one House or the other) dissented from the Council of dissolving them both. The Altars of Provocation may then be objected to Worshippers of Saints, or to them that appeal to their Idol at Rome, and no● to Us, who acknowledge no Sovereign upon Earth but our King, to whom both Council of State and Parliament yield Odedience in all things. How then may it be said, tha● the Parliament is now above the King? Or how can they hope that such shameless and impious Suggestions can make a prudent and good King jealous, and doubtful of a most obsequious and dutiful People? Especially at this time, when it may truly be said, That the Spirit of Wisdom in the Heart of the King, hath wrought the Spirit of Unity in the Hearts of his Subjects, which made the Success more happy than former Parliaments have had. And this indeed is the matter which the Devil and they storm at.  
For who can doubt that they and their Faction cannot endure without much trouble of Mind (as they confess) to see the weightiest Affairs, and of greatest Moment, to be now referred to the Censure of the Parliament, when their fair Promises and Pretences can no longer prevail? Yet let them tell us, what greater and more Honourable Senate they have seen in Spain or elsewhere.  
Besides, Do not the very Writs for the Summons of Parliament, express, That is for the great and weighty Affairs of the Kingdom? And have not our greatest and wisest Kings heretofore referred Treaties of Leagues, of Marriages, of Peace, and War, and of Religion itself, to the Consultations of their Parliaments? Those than that take upon them to undervalue this High Court, do but expose their own Judgements to Censure and Contempt; not knowing, that Parliaments, as they are the Honour and Support, so they are the Handmaids and Creatures of our Kings, inspired, form and governed by their Power. And if Charles the Fifth o● France, by his Parliament of Paris, recovered a great part of that Kingdom from this Crown; and if Succeeding Kings there, by the Assistance of that Court, redeemed the Church from the Tyranny of the Pope, We have no cause to doubt, that our King, by the Faithful Advice, Assistance, and Service of his Parliament, shall be able both to recover the Palatinate, which they here make so difficult, and to protect our Neighbours and Allies; and either to settle such a Peace as we really desire, or to execute such Vengeance as God's Justice, and their Sins shall, for their Ambition assuredly draw upon them.  
But they proceed, and tell the King, that it is said, I have propounded many things to the Parliament in his Name, without his Advice or Consent, nay, contrary to his Will. And is not this to abuse the Ears and patience of a Prince, to tell him many things are said, and yet neither specify the Matters nor the Men? Or is not this to dally with my Name by Hearsays, when with a harsh and incoherent Transition, they suddenly fall upon ●he Prince, who is the next true Mark their Malice shooteth at: And when Malice itself cannot but acknowledge his Ingenuity and great Gifts; and that in all things he showeth himself an obedient and good ●on; yet these Attributes they will ●eeds qualify with a Nevertheless, which cannot charge me as with a ●ault, that I am confident in his Favour: Or that I therefore despise all men, to which Vice of all other my Nature is least inclined; but indeed taxeth the Prince at least with participation of my ill Intentions, by suffering me to make those persons subject to my Will, which are most conformable to His. Whom they mean I know not; but pray God, that those Men they thus recommend to his Highness' neare● Trust, prove not more dangerous to his Person, than I have hitherto been refractory to his Will.  
But having shot this Bolt, they come back again to me as to their Stalking-horse, to choose a new Mark. And first, for a preparative to the Prince Attention, they wish that my Action were directed to his Good. Then t● give at least some Varnish to thei● Work, they tell him, that good me believe (meaning such as believe the● with an implicit Faith) that I (wh● have imbroiled the Match with Spain will not be less able to break any other his Highness should affect: i● which Speech, if a Man will dive t● the Bottom of their Malice, he must descend into Hell. But for the Match with Spain, can any man believe, that his Majesty sent his Son; that he went in Person; that he both trusted Spain so far, and did that Kingdom so much Honour, and yielded to such Conditions; or that I underwent that Hazard and Charge, and pressed their King; importuned his Favourite and Council, and subjected myself to so many Indignities; or that so great a Fleet even into their own Ports, with Minds to interrupt or embroil, or not rather to remove all Impediments, to ●asten the Marriage, and to bring ●ome the Infanta which was promised with as great Assurance as words could express? But they will say, that ●his Earnestness and Haste, was it that disturbed all the Business; and so I ●hink it did: And I confess withal, ●hat it was our End and Endeavour ●o put them from their Shifts; and to ●ring to an Issue, that Treaty, under ●he Delay whereof we had suffered so ●uch. And I profess further, that the Honour and good Success of this Intention, do properly belong to his Majesty and the Prince, by whose Wisdom and Resolution a desperate Remedy was so well applied to a desperate Disease.  
But they say, That howsoever my Endeavours might at first concur to hasten the Match; yet after the Princess Palatine had written Letters unto me, and had sent her Secretary to confirm a Marriage betwixt her So● and my Daughter: Then I instantly caused the Prince to revoke his Procuration, and turned all upside down And here is revealed another mystical Use they would make of my Name to divide Father and Daughter, Brother and Sister, Master and Servant and to break all the Bonds of Nature and Affection, by Jealousy of Stat● And can the Devil attempt more But what Proof? Nay, what Appearance do they shadow this withal Forsooth, by telling, that they kno● in Spain, that the same day tho● Letters were delivered, the Revocation was pronounced; but how knew they that? Or do they not know in Spain, that the Prince himself opened and read all the Letters, and heard all Addresses. And by what Inspection could they know more than the Prince? Except those innocent Letters were like indented Pictures, which show to one's view a fair, and to another's a foul Face? Is it not strange, that Malice itself is not satiated with the Distresses of those Worthy Princes, except it bereave them not only of necessary Support and Relief; but also of that Love and good Opinion whereby they must subsist? And to what other End tendeth that careful Admonition to the King, to takeheed both to himself and to the Prince? My Precipitation, my Ambition and my Popularity, are but the Fringe and Shadow: The supplanting of these Princes the Diversion of the Affection of their Father and Brother, the bereaving them of all Assistance and Comfort; and finally, the Disturbing of all our Affairs, are the true Ends of these Forewarnings, and false pretended Fears: For my Ambition and Popularity, how appeared it in Parliament? by casting (say they) all Odious Matters upon the King; and arrogating the thanks of all things acceptable to myself, and by the Title given me to be Redeemer of my Country: Such Generalities are ever the Subterfuges of deceit, But let them instance in any Particular, either of odious Matter there propounded, and cast upon the King, or of plausible, whereof all the Honour was not his; and that with greater Demonstration of Reverence and Thankfulness, than in former Parliaments hath been seen. For the Title, it is true, that by our Journey into Spain, we were brought out of Darkness into Light; and the Discovery of former Inconveniencies, and future Dangers of the Treaties was applauded in Parliament, as no less than a Work of Redemption to the State. But therein, all that I assumed, or was attributed to me, was the Happiness to have been under the Prince's Government, whose Wisdom in discovering the Insincerity of their Pretences, in refusing those things which were utterly inconvenient, in yielding to such, as being prejudicial, were corrigible afterwards; and in qualifying the rest to a tolerable Construction, was the only means of redeeming our Safety, and settling our Affairs. And for his Majesty, who hath heard of his Name that can doubt that his deep Understanding and Experience was the true Fountain from which all our Directions did proceed?  
Then how can I be charged with Envy against the great Good of Christendom, and especially of England and Spain? When all the World shall understand, that the King and Prince under God, and by his Blessings, are the chief means to rescue all Christendom, especially England, from the Usurpation of that pretended Empire, which they call the Good; but is truly the Bondage and Misery of both— Having thus served their Turns with my Name against his Majesty, against the Prince, against the Parliament, against his Royal Daughter, and her Race; who could think it possible their Malice could strain higher? Yet their Masterpiece is behind. And whereas their former Suggestions were grounded upon, they say here, They know in Spain, and such Shadows of Testimonies at large: For this they now hatch, because it is monstrous in itself; and hath nothing in Being, possible to ground upon. They lay a strange Foundation upon a bare Pretence, that many speak ominously fearing the worst; but withal, knowing that his Majesty's Wisdom cannot be wrought upon by Popular Apprehensions, they say farther, that he that told it, did the Office of a good Man, both to God, his Majesty and the Prince. Yet surely, this was not the good Man of David, that imagineth no Evil, and telleth no Untruth; but such an one as St. John calleth the Accuser of the Brethren, or as Doeg the Edomite, that told the King, how David his Son-in-law, and the Priest of Abimelech had conspired against him: For what saith this good man? Forsooth, that the Puritans (if they do desire a King, which willingly they do not) do not at all desire the Most Illustrious Prince, but the Prince Palatine, whose Scout Mansfield is, whatsoever he pretends: And lest any man might imagine, that they mean Factious Puritans, which are now no considerable Number amongst us: In the next Clause, for Explanation, they mention the Fury of the Parliament; and soon after, the Reproach of the whole English Nation. But why then do they not call us by the old name of Protestants? Because that is now a Name of too much allay, and could have bred no distaste in the King; but knowing what he suffered by Puritan elsewhere, to make the whole Nation odious both to King and Prince, they turn us Puritan all at once, though that Faction be more hated and suppressed amongst us, than in all the World besides. And what is then our Ruin?  
First, In General, That we are not willing to be subject unto Kings.  
Secondly, In Particular, That we desire not the Prince, but the Palsgrave to succeed.  
For the First, Let them know, that these Kingdoms of Great Britain, are beyond Comparison more Ancient than the Kingdoms of Spain; and yet no Story reputeth, that they ever had or desired, or were capable of any Government but Regal: And the Religion we profess, binds our Consciences more firmly to obey, honour, support and defend our Kings against all hteir Enemies than Popish Religion can do: And this they will find to be true when they attempt aught against us,  
For the Second, I will not be so vain, as to discourse of the Prince, or his Interest in the good Opinion of the People. This only I say for his Religion, they made him a Confessor in Spain, as their Faction long since made his Royal Father in his Honour a Martyr: And for his Carriage, he converseth with us daily, and knoweth us much better than any stranger can; and therefore we trust his own Experience and good Opinion of us, against all they can suggest. And for the Prince Palatine, we love his Nation, from which we were extracted; and we love his Religion, which was the Ground of the Alliance with him; and we much esteem that Noble Princess by whom he participateth, with that Duty and Affection which from the King, as the Root, in due proportion disperseth itself in all the Branches; yet so, as whensoever they shall divide from the Head, or the Body, they cannot but know, that their Moisture will dry up. And for Count Mansfield, it is worth the observing, how they labour to dissemble, and divert that Fear of him which they cannot have for us, but indeed for themselves; lest he, who hath already so troubled them in Germany, should disturb them elsewhere. Now whereas they conjure King and Prince, to foresee the Vengeance of God, provoked by my Practices, and the Fury of Parliament, for Testimonies and Libels against the Honour of Spain: How much more 'Cause have they both, and we all, to consider and praise God's Miraculous Goodness, in preserving their Persons, and blessing their Endeavours in so happy a Discovery and Prevention of those Dangers, which the Treaties would have brought upon our Religion and State? And thereby rest assured, that he will still bless where they curse, and establish the Sceptres of the Defenders of his Faith, and in pouring his Vengeance upon the Beast, and the Enemies of his Truth. And if the Testimonies published against Spain, and believed in Parliament, were not true, why do they not convince them and satisfy them, and satisfy the World? And for those bitter and ignominious Libels they mention, why can they not be read, without Ignominy to our Nation, as well as Pasquin's in Rome, and like Libels in France, Germany, and other Nations with their Reproach? Especially considering, as the Spaniards of all People, are most pursued with Writing of this kind, so the English of all other, do punish Libels with most Severity and Rigour.  
But that which followeth, is yet more remarkable: It is apparent (say they) that the League is broken, and Histories will witness it: Surely those Histories must be of their Writing; for true histories cannot record any breach on our part. The Treaties are indeed dissolved. First, materially by them, and then formally by us. But are those Treaties any Articles of the League? Or is it in the Power of any Subject (be he never so wilful) to break the Leagues of Princes without due Justice demanded and refused? But now the Ambassadors, public Ministers of State, have made such Declaration: How far that extendeth his Majesty may consider; and whether it be not an Advantage cunningly ●ought to countenance the first blow? And the rather, because immediately after this peremptory Declaration, which may seem a degree to a Denunciation of War, they use all the Oratory to lull his Majesty asleep, and to persuade both him and the Prince, to prefer Peace and Quiet ever before their Kingdoms, which thereby may be lost.  
And what Confidence is this? Do they think their Learning sufficient, to teach my Master to understand his own Note, who can much better teach them that Pacifici beati, are not passive but Active? And that the Swor● maketh Peace, both in Government and in War, by supporting Justice wherein the happiness of all Society doth consist. But whosoever construeth the Speeches of these men by the literal sense, cometh short o● their meaning: For what are all these specious Adorn of his Majesty and the Prince in the Long Robes o● Peace; but a Figurative menacing them with the Consequences of War And to see what the Love of the one or fear of the other may happily work, by Peace, i. e. by a quiet submitting the Marriage of the Palatinate and the safety of the Kingdoms and Allies to the Devotion of Spain. First, His Majesty may believe his Symbol (as they say) is verified in his Person; and that he is extolled and admired through the World: Or that otherwise he shall enjoy neither Happiness nor Honour.  
And Secondly, That the Prince can no other way succeed peaceably into the Hereditary Possession of these Kingdoms, or the Honour of his Father; or show that he is indeed of his Blood, or beareth him Love (as if all these should be questioned) if he do not entertain the same Peace with those Princes whose Alliances his Majesty hath so well procured and deserved, meaning, by giving them way to work out all their Ends: And this being the sense clouded up in their unjointed Applications; all they gain thereby, is to give these due Acknowledgements to his Majesty and the Prince.  
First, That their Royal Dispositions and Endeavours ever tended to peace.  
Secondly, That of themselves they intended no alteration without violent Motions, on the other part: And,  
Thirdly, Those which force them, if at the very Entrance into War they want a just Cause; as the Jews called for Vengeance against themselves, so these men truly prophesy, that they shall have their Success. Hitherto I have been brought upon the Stage, to play other men's parts. Now followeth my own Indictment in more particular Terms.  
First, Concerning my Carriage of the Negotiation in Spain: And,  
Secondly, For my Personal Actions and Behaviour.  
For the Spanish Business, because greater Persons are still involved in their Censure, they make their way (as Poets do in Tragedies) by raising me as a Ghost, to possess King and Prince, and to terrify all men that oppose my Designs. Surely, I think, they smiled, when they writ this passage: For they cannot think me so predominant, nor so terrible a Creature. But to satisfy the World in those four first Questions which contain the Substance of all the Business in Spain; I will briefly as I can, repeat the Proceed which have been related in Parliament more at large, and justified by Letters and Records; and allowed, not only by the most temperate men they speak of, but by general and unanimons Votes, from which no one did descent.  
But First, having the honour to be of my Master's inward Council in these things, I must testify to the Renown of his Wisdom, and especially of his Goodness; that as in the Marriage of his Daughter, his chief Intention was to settle and corroborate the Party of our Religion where it is most improved; so by the Marriage of his Son, in some powerful House of the other Religion, he sought not only the strengthening and assuring is own Peace and Succession, but the Universal Good of all Christendom: and a means to qualify by the Cooperation of those Princes, the Spiritual Usurpations, whereby, in time, some better accord in the Differences of Religion might be made. From these Intentions, and that special Respect and Affection his Majesty ever bore to the most Illustrious House of Austria, the former motion for the Marriage of Prince Henry (who is with God) did proceed. But that broke (as the World knoweth) by incongruous Propositions on either part. Since then an Overture being entertained in France for Prince Charles that succeeded: And Notice thereof being gotten in Spain, both the Duke of Lerma, and their Ambassador the now Count Gondomer, were employed to divert that Match, by negotiating a Second Treaty for a Daughter of that Kingdom: And that with such Protestations for the accommodating of all former differences of Religion and State, and for so great a Portion, and with so Royal Conditions, that his Majesty thereupon was persuaded to give Instructions to that purpose, to his Ambassador in Spain; whereupon they proceeded, not only to Treat and to Article, but even to the granting of Commissions, and powers to contract: And all this while, no Stop, no Difficulty was proposed, which they made not light and easy to pass over: Nay, the Engagements were so potent, that the Wars of Bohemia then happening, upon confidence that their Forces should not attempt the Palatinate, his Majesty forbore to assist or countenance his own Son-in-law: And thereupon ensued the loss of the Battle of Prague, the disbanding of the Union; and under colour of restoring, the Conquest of that Country, and the disposing of the Electorate to another Prince: and in the mean time to add Scorn to Loss, his Majesty was drawn with great Charge, to send Ambassadors to Prague, to Vienna, to Heidelbergh, to Brussels, to mediate for Truce, for Cessation of Arms, or for Peace, as best suited for their Advantage; whilst by cross Letters, or secret Intelligences, they cooled or kindled their promised Mediation, and kept us still in appetite and hope, by our own Ministers and their assuring us of the Match. At length the Treaty at Brussels gave the first Jealousy, that their Intentions were indirect. And thereupon his Majesty sent Porter into Spain, with a peremptory Direction to return in ten days; and to bring express Answer from the King, whether, according to the promise made by his Ministers, he would cause the Palatinate to be restored: Or if by Mediation, he could not prevail, whether he would join in Arms to recover it by force; or at least, give Passage for the King's Forces thither. The Return brought by Porter, was cold and unsatisfactory; and withal delayed longer than here was expected: And this moved the Prince more seriously to consider, how by holding us in Treaty, they had gotten full Possession of his Sister's Estates; they had scattered and broken most of our Allies; they would in short time eat out our Neighbours; And every day gained upon us in matter of Religion.  
And this wrought in him that Princely and Heroical Resolution, to go in person into Spain, either with Honour and Contentment of both Nations to consummate that Marriage which his Heart was so constantly set upon; or else to free both his Father and Himself from being any longer abused with delays. This Counsel his Highness was pleased to communicate with me, and to make me his Servant to break it to the King, which I did accordingly. And His Majesty after long and deep deliberation, was contented to give way, and commanded me to wait upon him in his Journey. So we undertook it with that Adventure, Charge, Danger, and Travel both of Body and Mind, which I need not speak of, and yet with that Courage and Alacrity, and with that Constancy, which the confidence of Love, and the hope of good Success do usually bring forth in young men. And to show how great this demonstration was of His Majesty and the Prince's affections and desires to settle a sure interest and correspondency with that Royal House. I know not how to express by any parallel on Earth, I must do it by looking up to a Transcendent in Heaven, whence the Father sent his Son, and his Son gave himself for their love to Mankind.  
So at the first, the great Obligation put hereby upon all Spain, was acknowledged and magnified, by their Oracle Conde d' Olivares; who in thankfulness concluded, it must needs be a Match; and that the two Kings of Great Britain and Spain must part the world betwixt them: But this was the flourish of a mind which found itself surprised, and was not yet resolved in what mould to cast itself. For the very next day, upon second thoughts, he mixed a specious welcome, with a great deal more strangeness, and with a disavowing of all that was past, & spoke of the match, as of a new thing; forgetting even the Laws of Hospitality and Honour, propounded an uncouth Condition to the Prince of changing his Religion; as if all former agreed Articles by the Advantage of this honour done unto them, had been utterly disannulled. And when the Prince's brave constancy put them from this hold, than they cast all upon the Pope's Dispensation, which must be expected before any thing could be done. But in the mean time the Prince being in their power, what Difficulties? what Jealousies? what F●ars were raised up? what Arts of Divines, what Counsels, what Persuasions, and what Engines were used to batter a young, but well resolved Heart, were too long to repeat. At length the Dispensation came clogged both in matter and manner contrary to agreement, and new Conditions were also stood upon, either to draw the Prince, by accepting them, under their yoke, or by refusing to make him the Author of the breach. Notwithstanding by his care, wisdom, and patience, and also with some resentment and show of Resolution to departed unsatisfied; their expectation was gone beyond: and thereupon the Match brought again to some tolerable terms tho' advantageous on their part, ye● such, as thereupon the sending away o● the Infanta with the Prince, & a Blank for the restoring the Palatinate were again promised and assured, if these Conditions might be ratified in England, which was all they now required Insomuch that even in Spain, it was then believed, and much rejoiced at, that the Match was fully concluded on all parts. But it is to be noted, that this fair show was made whilst Mansfield● and Brownsweek stood entire in the field, for after they were broken, tho' all was done in England according to their desires, yet than they found it too late to send the Infanta till the Spring; they complained that their Rebels in the Low-Countryes were served by our men; they required our assistance to reduce them to obedience; and the matter of Religion was meanly insisted on; so that now the Prince could not but understand that he was but juggled with, as himself has declared; and therefore he began to make way for his return, which was all the hope left him to make ●his a good Voyage. And because they ●till bore him in hand, that they inten●ed that Ma●ch, he was still contented ●o pursue the Treaty; so as the restitution of the Palatinate, which before ●ad been assumed as a divided Article, ●ight now go hand in hand; and to that effect he left the power of Despon●atories with the Ambassadors, which was afterwards restrained, and renewed, and finally revoked, as the confident or cold Answers out of Spain did require. And this is the substance of that Negotiation.  
The other particulars delivered in Parliament, how they said and unsaid, promised and denied, remembered and forgot, and played fast and lose at their pleasures, and what indignities they put upon us, I take no more pleasure to repeat, than I did to suffer. It sufficeth that by this which is said, the Questions propounded by the Informers are answered: First, who they were that gave the first cause of distaste. Secondly, whether the Complaints against the King of Spain be true. Thirdly, whether th● King of Spain did desi●e to give satisfaction to the Prince. And, Fourthly whether he did faithfully endeavour the Marriage? And if in any of these points any scruple doth remain, for th● perfect discovery of their intentions an● proceed, the Letters produced by the Conde D'Olivares, and read in Parliament will justify my Report; being (as it were) a Manifest from that King and his Council, that they never intended the Match, nor held it lawful or convenient for that State, and the King therein requiring some other way to be found, to give without the Match contentment to the Prince; whereby I make as little doubt of that Kings own Royal disposition and affection towards the Prince for all personal respects, as I do of the insincerity of his Ministers in all their proceed.  
In the rest of my Indictments, the Interrogatories which followed concer● for the most part my Behaviour toward the Prince, whereunto I will not answer by Recrimination, tho' I have a ●ge field, nor by way of Defence; ●d for these Reasons, First, in Persons ●hich they now, & I than did instance, ●e reflection of our faults upon the honour of our Masters maketh the pub●●hing as offensive as the Facts. Se●ndly, by giving Answer unto them ●at Charge but by Reports, I shall ●eak my Duty to the Prince, who ●est knoweth the Truth in these things ●ey object; and if there had been cause ●ould have called me to an account. ●nd, Thirdly, my purpose is not (as I ●id) to Apologise further than may ●ncern the interest of that Cause which ●rough my sides they have laboured ● wound. For myself, I know well, ●at I shall stand or fall in the opinions of wise men, neither by the slanders of any, be they never so great, or by my verbal Justifications, be they ever so confident; but rather by the ●ctions and Carriage of my Life, my ●irth, Breeding and Fortune, which ●ay happily, raise me above base Im●utations, and also give hopes of Amendment, if in aught I have done amiss. As for the Conde D'Olivar● when he chargeth me with breach ● Faith towards him, I will make hi● such Answer as may give him just content. And for revealing the Secret Treaty for Holland, I did it not wit● out leave from the Prince, nor till might appear that it was entertain on our parts, but for the Discovery ● the advantages they sought.  
And this is all the Answer I wi● make to these unworthy reproach raked out of the Channel to be ca● in my Face, only to Disfigure m● and then serve their turns with me i● what shape they please: And so having used me (as I said) for thei● Stalking-horse, from under my Shadow, to shoot at other Games, the● tell me they wish me well, and tur● me off to Grass: yet in requital of thei● favour, I will give them this Advice before I go: That the best way fo● them and me to do the Christian worl● good, which they seem to desire, is t● persuade our Masters to moderation and peace, and not to busy our selve● ●ith malicious aspersions upon the A●ions of Princes, or Parliaments or governments wherein we have no skill. ●or which fault of theirs, I presume their commission giveth no warrant. And ●o ' my Master should think it punishment enough for them, thus to dishonour themselves, and justify men's com●aints against their unthankfulness & ●alice, where they have found so much ●espect; yet let them take heed, lest ●●me occasion may not fall out, to move ●heir own Masters to question them ●r this scandalous example, which cannot but reflect upon his own Government and State, as having no pre●edent in any former time.   
Transcribed from the Original written with Sir Edward Coke (Lord Chief Justice) his own hand.  
FINIS.   

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