A04242 ---- A counterblaste to tobacco James I, King of England, 1566-1625. 1604 Approx. 33 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A04242 STC 14363 ESTC S109101 99844751 99844751 9591 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A04242) Transcribed from: (Early English Books Online ; image set 9591) Images scanned from microfilm: (Early English books, 1475-1640 ; 1277:05) A counterblaste to tobacco James I, King of England, 1566-1625. [28] p. By R. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco -- Early works to 1800. Smoking -- Controversial literature -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-00 SPi Global Keyed and coded from ProQuest page images 2001-00 TCP Staff (Michigan) Sampled and proofread 2001-00 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion A COVNTERBLASTE TO Tobacco . ¶ Imprinted at London by R. B. Anno 1604. ¶ TO THE READER . AS euery humane body ( deare Countrey men ) how wholesome soeuer , is notwithstanding subiect , or at least naturally inclined to some sorts of diseases , or infirmities : so is there no Common-wealth , or Body-politicke , how well gouerned , or peaceable soeuer it bee , that lackes the owne popular errors , and naturally enclined corruptions : and therefore is it no wonder , although this our Countrey and Common-wealth , though peaceable , though wealthy , though long flourishing in both , be amongst the rest , subiect to the owne naturall infirmities . VVee are of all Nations the people most louing and most reuerently obedient to our Prince , yet are wee ( as time hath often borne witnesse ) too easie to be seduced to make Rebellion , vpon very slight grounds . Our fortunate and oft prooued valour in warres abroad , our heartie and reuerent obedience to our Princes at home , hath bred vs a long , and a thrice happy peace : Our Peace hath bred wealth : And Peace and wealth hath brought foorth a generall sluggishnesse , which makes vs wallow in all sorts of idle delights , and soft delicacies , the first seedes of the subuersion of all great Monarchies . Our Cleargie are become negligent and lazie , our Nobilitie and Gentrie prodigall , and solde to their priuate delights , Our Lawyers couetous , our Common-people prodigall and curious ; and generally all sorts of people more carefull for their priuat ends , then for their mother the Common-wealth . For remedie whereof , it is the Kings part ( as the proper Phisician of his Politicke-body ) to purge it of all those diseases , by Medicines meete for the same : as by a certaine milde , and yet iust forme of gouernment , to maintaine the Publicke quietnesse , and preuent all occasions of Commotion : by the example of his owne Person and Court , to make vs all ashamed of our sluggish delicacie , and to stirre vs vp to the practise againe of all honest exercises , and Martiall shadowes of VVarre ; As likewise by his , and his Courts moderatenesse in Apparell , to make vs ashamed of our prodigalitie : By his quicke admonitions and carefull ouerseeing of the Cleargie , to waken them vp againe , to be more diligent in their Offices : By the sharpe triall , and seuere punishment of the partiall , couetous and bribing Lawyers , to reforme their corruptions : And generally by the example of his owne Person , and by the due execution of good Lawes , to reforme and abolish , piece and piece , these old and euill grounded abuses . For this will not bee Opus vnius diei , but as euery one of these diseases , must from the King receiue the owne cure proper for it , so are there some sorts of abuses in Common-wealths , that though they be of so base and contemptible a condition , as they are too low for the Law to looke on , and too meane for a King to interpone his authoritie , or bend his eye vpon : yet are they corruptions , aswell as the greatest of them . So is an Ant an Animal , aswell as an Elephant : so is a VVrenne Auis , aswell as a Swanne , and so is a small dint of the Toothake , a disease aswell as the fearefull Plague is . But for these base sorts of corruption in Common wealthes , not onely the King , or any inferior Magistrate , but Quilibet e populo may serue to be a Phisician , by discouering and impugning the error , and by perswading reformation thereof . And surely in my opinion , there cannot be a more base , and yet hurtfull , corruption in a Countrey , then is the vile vse ( or rather abuse ) of taking Tobacco in this Kingdome , which hath mooued me , shortly to discouer the abuses thereof in this following little Pamphlet . If any thinke it a light Argument , so is it but a toy that is bestowed vpon it . And since the Subiect is but of Smoke , I thinke the fume of an idle braine , may serue for a sufficient battery against so fumous and feeble an enemy . If my grounds be found true , it is all I looke for ; but if they cary the force of perswasion with them , it is all I can wish , and more then I can expect . My onely care is , that you , my deare Countrey-men , may rightly conceiue euen by this smallest trifle , of the sinceritie of my meaning in greater matters , neuer to spare any paine , that may tend to the procuring of your weale and prosperitie . A Counterblaste to Tobacco . THat the manifolde abuses of this vile custome of Tobacco taking , may the better be espied , it is fit , that first you enter into consideration both of the first originall thereof , and likewise of the reasons of the first entry thereof into this Countrey . For certainely as such customes , that haue their first institution either from a godly , necessary , or honorable ground , and are first brought in , by the meanes of some worthy , vertuous , and great Personage , are euer , and most iustly , holden in great & reuerent estimation and account , by all wise , vertuous , and temperate spirits : So should it by the contrary , iustly bring a great disgrace into that sort of customes , which hauing their originall from base corruption and barbarity , doe in like sort , make their first entry into a Countrey , by an inconsiderate and childish affectation of Noueltie , as is the true case of the first inuention of Tobacco taking , and of the first entry thereof among vs. For Tobacco being a cōmon herbe , which ( though vnder diuers names ) growes almost euery where , was first found out by some of the barbarous Indians , to be a Preseruatiue , or Antidot against the Pockes , a filthy disease , whereunto these barbarous people are ( as all men know ) very much subiect , what through the vncleanly and adust constitution of their bodies , and what through the intemperate heate of their Climat : so that as from them was first brought into Christendome , that most detestable disease , so from them likewise was brought this vse of Tobacco , as a stinking and vnsauorie Antidot , for so corrupted and execrable a Maladie , the stinking Suffumigation whereof they yet vse against that disease , making so one canker or venime to eate out another . And now good Countrey men , let vs ( I pray you ) consider , what honour or policie can mooue vs to imitate the barbarous and beastly maners of the wilde , godlesse , and slauish Indians , especially in so vile and stinking a custome ? Shall wee that disdaine to imitate the maners of our neighbour France ( hauing the stile of the first Christian Kingdom ) and that cannot endure the spirit of the Spaniards ( their King being now comparable in largenes of Dominions , to the great Emperor of Turkie ) Shall wee , I say , that haue bene so long ciuill and wealthy in Peace , famous and inuincible in Warre , fortunate in both , we that haue bene euer able to aide any of our neighbours ( but neuer deafed any of their eares with any of our supplications for assistance ) shall we , I say , without blushing , abase our selues so farre , as to imitate these beastly Indians , slaues to the Spaniards , refuse to the world , and as yet aliens from the holy Couenant of God ? Why doe we not as well imitate them in walking naked as they doe ? in preferring glasses , feathers , and such toyes , to golde and precious stones , as they do ? yea why do we not denie God and adore the Deuill , as they doe ? Now to the corrupted basenesse of the first vse of this Tobacco , doeth very well agree the foolish and groundlesse first entry thereof into this Kingdome . It is not so long since the first entry of this abuse amongst vs here , as this present age cannot yet very well remember , both the first Author , and the forme of the first introduction of it amongst vs. It was neither brought in by King , great Conquerour , nor learned Doctor of Phisicke . With the report of a great discouery for a Conquest , some two or three Sauage mē , were brought in , together with this Sauage custome . But the pitie is , the poore wilde barbarous men died , but that vile barbarous custome is yet aliue , yea in fresh vigor : so as it seemes a miracle to me , how a custome springing from so vile a ground , and brought in by a father so generally hated , should be welcomed vpon so slender a warrant . For if they that first put it in practise heere , had remembred for what respect it was vsed by them from whence it came , I am sure they would haue bene loath , to haue taken so farre the imputation of that disease vpon them as they did , by vsing the cure thereof . For Sanis non est opus medico , and counterpoisons are neuer vsed , but where poyson is thought to precede . But since it is true , that diuers customes slightly grounded , and with no better warrant entred in a Commonwealth , may yet in the vse of them thereafter , prooue both necessary and profitable ; it is therefore next to be examined , if there be not a full Sympathie and true Proportion , betweene the base ground and foolish entrie , and the loathsome and hurtfull vse of this stinking Antidote . I am now therefore heartily to pray you to consider , first vpon what false and erroneous grounds you haue first built the generall good liking thereof ; and next , what sinnes towards God , and foolish vanities before the world you commit , in the detestable vse of it . As for these deceitfull grounds , that haue specially mooued you to take a good and great conceit thereof , I shall content my selfe to examine here onely foure of the principals of them ; two founded vpon the Theoricke of a deceiueable apparance of Reason , and two of them vpon the mistaken Practicke of generall Experience . First , it is thought by you a sure Aphorisme in the Physickes , That the braines of all men , beeing naturally colde and wet , all dry and hote things should be good for them ; of which nature this stinking suffumigation is , and therefore of good vse to them . Of this Argument , both the Proposition and Assumption are false , and so the Conclusion cannot but be voyd of it selfe . For as to the Proposition , That because the braines are colde and moist , therefore things that are hote and drie are best for them , it is an inept consequence : For man beeing compounded of the foure Complexions , ( whose fathers are the foure Elements ) although there be a mixture of them all in all the parts of his body , yet must the diuers parts of our Microcosme or little world within our selues , be diuersly more inclined , some to one , some to another complexion , according to the diuersitie of their vses , that of these discords a perfect harmonie may bee made vp for the maintenance of the whole body . The application then of a thing of a contrary nature , to any of these parts , is to interrupt them of their due function , and by consequence hurtfull to the health of the whole body . As if a man , because the Liuer is hote ( as the fountaine of blood ) and as it were and ouen to the stomacke , would therfore apply and weare close vpon his Liuer and stomacke a cake of lead ; he might within a very short time ( I hope ) be susteined very good cheape at an Ordinarie , beside the cleering of his conscience from that deadly sinne of gluttonie . And as if , because the Heart is full of vitall spirits , and in perpetuall motion , a man would therefore lay a heauy pound stone on his breast , for staying and holding downe that wanton palpitation , I doubt not but his breast would bee more bruised with the weight thereof , then the heart would be comforted with such a disagreeable & contrarious cure . And euen so is it with the Braines . For if a man , because the Braines are cold and humide , would therefore vse inwardly by smells , or outwardly by application , things of hot and drie qualite , all the gaine that he could make thereof would onely be to put himselfe in a great forwardnesse for running mad , by ouerwatching himselfe , the coldnesse and moistnesse of our braine beeing the onely ordinarie meanes that procure our sleepe and rest . Indeed I doe not denie , but when it falls out that any of these , or any part of our bodie growes to be distempered , and to tend to an extremitie beyond the compasse of Natures temperate mixture , that in that case cures of contrary qualities , to the intemperate inclination of that part , being wisely prepared and discreetely ministred , may be both necessarie and helpefull for strengthning and assisting Nature in the expulsion of her enemies : for this is the true definition of all profitable Physicke . But first these Cures ought not to bee vsed , but where there is neede of them , the contrarie whereof , is daily practised in this generall vse of Tobacco by all sorts and complexions of people . And next , I deny the Minor of this argument , as I have already said , in regard that this Tobacco , is not simply of a dry & hot qualitie ; but rather hath a certaine venemous facultie ioyned with the heate thereof , which makes it haue an Antipathie against nature , as by the hatefull smell thereof doeth well appeare . For the Nose being the proper Organ and conuoy of the sense of smelling to the braines , which are the onely fountaine of that sense , doeth euer serue vs for an infallible witnesse , whether that Odour which we smell , be healthfull or hurtfull to the braine , ( except when it fals out that the sense it selfe is corrupted and abused through some infirmitie , and distemper in the braine . ) And that the suffumigation thereof cannot haue a drying qualitie , it needes to further probation , then that it is a smoake , all smoake and vapour , being of it selfe humide , as drawing neere to the nature of the ayre , and easie to be resolued againe into water , whereof there needes no other proofe but the Meteors , which being bred of nothing else but of the vapours and exhalations sucked vp by the Sunne out of the earth , the Sea , and waters , yet are the same smoakie vapours turned , and transformed into Raynes , Snowes , Deawes , hoare Frostes , and such like waterie Meteors , as by the contrarie the raynie cloudes are often transformed and euaporated in blustering winds . The second Argument grounded on a show of reason is , That this filthie smoake , as well through the heat and strength thereof , as by a naturall force and qualitie , is able and fit to purge both the head and stomacke of Rhewmes and distillations , as experience teacheth , by the spitting and auoyding fleame , immediatly after the taking of it . But the fallacie of this Argument may easily appeare , by my late preceding description of the Meteors . For euen as the smoakie vapours sucked vp by the Sunne , and staied in the lowest and colde Region of the ayre , are there contracted into cloudes , and turned into raine and such other watery Meteors : So this stinking smoake being sucked vp by the Nose , and imprisoned in the colde and moyst braines , is by their colde and wett facultie , turned and cast foorth againe in waterie distillations , and so are you made free and purged of nothing , but that wherewith you wilfully burdened your selues : and therefore are you no wiser in taking Tobacco for purging you of distillations , then if for preuenting the Cholike you would take all kinde of windie meates and drinkes , and for preuenting of the Stone , you would take all kinde of meates and drinkes that would breede grauell in the Kidneyes , and then when you were forced to auoyde much winde out of your stomacke , and much grauell in your Vrine , that you should attribute the thanke thereof to such nourishments as bred those within you , that behoued either to be expelled by the force of Nature , or you to haue burst at the broad side , as the Prouerbe is . As for the other two reasons founded vpon experience , the first of which is , That the whole people would not haue taken so generall a good liking thereof , if they had not by experience found it verie soueraigne and good for them : For answere thereunto , how easily the mindes of any people , wherewith God hath replenished this world , may be drawen to the foolish affectation of any noueltie , I leaue it to the discreet iudgement of any man that is reasonable . Doe we not dayly see , that a man can no sooner bring ouer from beyond the Seas any new forme of apparrell , but that hee can not bee thought a man of spirit , that would not presently imitate the same ? And so from hand to hand it spreades , till it be practised by all , not for any commoditie that is in it , but only because it is come to be the fashion . For such is the force of that naturall Selfe-loue in euery one of vs , and such is the corruption of enuie bred in the brest of euery one , as we cannot be content vnlesse we imitate euery thing that our fellowes doe , and so prooue our selues capable of euery thing whereof they are capable , like Apes , counterfeiting the maners of others , to our owne destruction . For let one or two of the greatest Masters of Mathematickes in any of the two famous Vniuersities , but constantly affirme any cleare day , that they see some strange apparition in the skies : they will I warrant you be seconded by the greatest part of the Students in that profession : So loath will they be , to bee thought inferiour to their fellowes , either in depth of knowledge or sharpnesse of sight : And therefore the generall good liking and imbracing of this foolish custome , doeth but onely proceede from that affectation of noueltie , and popular errour , wherof I haue already spoken . The other argument drawen from a mistaken experience , is but the more particular probation of this generall , because it is alleaged to be found true by proofe , that by the taking of Tobacco diuers and very many doe finde themselues cured of diuers diseases , as on the other part , no man euer receiued harme thereby . In this argument there is first a great mistaking , and next a monstrous absurditie . For is it not a very great mistaking , to take Non causam pro causa , as they say in the Logicks ? because peraduenture when a sicke man hath had his disease at the height , hee hath at that instant taken Tobacco , and afterward his disease taking the naturall course of declining , and consequently the patient of recouering his health , O then the Tobacco forsooth , was the worker of that miracle . Beside that , it is a thing well knowen to all Phisicians , that the apprehension and conceit of the patient , hath by wakening and vniting the vitall spirits , and so strengthening nature , a great power and vertue , to cure diuers diseases For an euident proofe of mistaking in the like case , I pray you what foolish boy , what sillie wench , what olde doting wife , or ignorant countrey clowne , is not a Phisician for the toothach , for the cholicke , & diuers such common diseases ? Yea , will not euery man you meete withal , teach you a sundry cure for the same , and sweare by that meane either himselfe , or some of his neerest kinsmen and friends was cured ? And yet I hope no man is so foolish as to beleeue them . And al these toyes do only proceed from the mistaking Non causam pro causa , as I haue already sayd , and so if a man chance to recouer one of any disease , after he hath taken Tobacco , that must haue the thankes of all But by the contrary , if a man smoke himselfe to death with it ( and many haue done ) O then some other disease must beare the blame for that fault . So doe olde harlots thanke their harlotrie for their many yeeres , that custome being healthfull ( say they ) ad purgandos Renes , but neuer haue minde how many die of the Pockes in the flower of their youth . And so doe olde drunkards thinke they prolong their dayes , by their swinelike diet , but neuer remember howe many die drowned in drinke before they be halfe olde . And what greater absurditie can there bee , then to say that one cure shall serue for diuers , nay , contrarious sortes of diseases ? It is an vndoubted ground among all Phisicians , that there is almost no sort either of nourishment or medicine , that hath not something in it disagreeable to some part of mans bodie , because , as I haue already sayd , the nature of the temperature of euery part , is so different from another , that according to the olde prouerbe , That which is good for the head , is euill for the necke and the shoulders . For euen as a strong enemie , that inuades a towne or fortresse , although in his siege thereof , he doe belaie and compasse it round about , yet he makes his breach and entrie , at some one or few speciall parts thereof , which hee hath tried and found to bee weakest and least able to resist ; so sickenesse doth make her particular assault , vpon such part or parts of our bodie , as are weakest and easiest to be ouercome by that sort of disease , which then doth assaile vs , although all the rest of the body by Sympathie feele it selfe , to be as it were belaied , and besieged by the affliction of that speciall part , the griefe and smart thereof being by the sence of feeling dispersed through all the rest of our members . And therefore the skilfull Phisician presses by such cures to purge & strengthen that part which is afflicted , as are onely fit for that sort of disease , and doe best agree with the nature of that infirme part ; which being abused to a disease of another nature , would prooue as hurtfull for the one , as helpfull for the other . Yea , not only will a skilfull and warie Phisician bee carefull to vse no cure but that which is fit for that sort of disease , but he wil also consider all other circūstances , and make the remedies sutable thereunto : as the temperature of the clime where the Patient is , the constitution of the Planets , the time of the Moone , the season of the yere , the age & complexion of the Patient , & the present state of his body , in strength or weakenesse . For one cure must not euer be vsed for the selfe-same disease , but according to the varying of any of the foresaid circumstances , that sort of remedie must be vsed which is fittest for the same . Whear by the contrarie in this case , such is the miraculous omnipotencie of our strong tasted Tobacco , as it cures all sorts of diseases ( which neuer any drugge could do before ) in all persons , and at all times . It cures all maner of distillations , either in the head or stomacke ( if you beleeue their Axiomes ) although in very deede it doe both corrupt the braine , and by causing ouer quicke disgestion , fill the stomacke full of crudities . It cures the Gowt in the feet , and ( which is miraculous ) in that very instant when the smoke thereof , as light , flies vp into the head , the vertue thereof , as heauie , runs downe to the little toe . It helpes all sorts of Agues . It makes a man sober that was drunke . It refreshes a weary man , and yet makes a man hungry . Being taken when they goe to bed , it makes one sleepe soundly , and yet being taken when a man is sleepie and drowsie , it will , as they say , awake his braine , and quicken his vnderstanding . As for curing of the Pockes , it serues for that vse but among the pockie Indian slaues . Here in England it is refined , and will not deigne to cure heere any other then cleanly and gentlemanly diseases . O omnipotent power of Tobacco ! And if it could by the smoke thereof chace out deuils , as the smoke of Tobias fish did ( which I am sure could smel no stronglier ) it would serue for a precious Relicke , both for the superstitious Priests , and the insolent Puritanes , to cast out deuils withall . Admitting then , and not confessing that the vse thereof were healthfull for some sortes of diseases ; should it be vsed for all sicknesses ? should it be vsed by all men ? should it be vsed at al times ? yea should it be vsed by able , yong , strong , healthful men ? Medicine hath that vertue , that it neuer leaueth a man in that state wherin it findeth him : it makes a sicke man whole , but a whole man sicke . And as Medicine helpes nature being taken at times of necessitie , so being euer and continually vsed , it doth but weaken , wearie , and weare nature . What speake I of Medicine ? Nay let a man euery houre of the day , or as oft as many in this countrey vse to take Tobacco , let a man I say , but take as oft the best sorts of nourishments in meate and drinke that can bee deuised , hee shall with the continuall vse thereof weaken both his head and his stomacke : all his members shall become feeble , his spirits dull , and in the end , as a drousie lazie belly-god , he shall euanish in a Lethargie . And from this weakenesse it proceeds , that many in this kingdome haue had such a continuall vse of taking this vnsauorie smoke , as now they are not able to forbeare the same , no more then an olde drunkard can abide to be long sober , without falling into an vncurable weakenesse and euill constitution : for their continuall custome hath made to them , habitum , alterā naturam : so to those that from their birth haue bene continually nourished vpon poison and things venemous , wholesome meates are onely poisonable . Thus hauing , as I truste , sufficiently answered the most principall arguments that are vsed in defence of this vile custome , it rests onely to informe you what sinnes and vanities you commit in the filthie abuse thereof . First , are you not guiltie of sinnefull and shamefull lust ? ( for lust may bee as well in any of the senses as in feeling ) that although you bee troubled with no disease , but in perfect health , yet can you neither be merry at an Ordinarie , nor lasciuious in the Stewes , if you lacke Tobacco to prouoke your appetite to any of those sorts of recreation , lusting after it as the children of Israel did in the wildernesse after Quailes ? Secondly it is , as you vse or rather abuse it , a branche of the sinne of drunkennesse , which is the roote of all sinnes : for as the onely delight that drunkards take in Wine is in the strength of the taste , & the force of the fume thereof that mounts vp to the braine : fot no drunkards loue any weake , or sweete drinke : so are not those ( I meane the strong heate and the fume ) the onely qualities that make Tobacco so delectable to all the louers of it ? And as no man likes strong headie drinke the first day ( because nemo repente fit turpissimus ) but by custome is piece and piece allured , while in the ende , a drunkard will haue as great a thirst to bee drunke , as a sober man to quench his thirst with a draught when hee hath need of it : So is not this the very case of all the great takers of Tobacco ? which therefore they themselues do attribute to a bewitching qualitie in it . Thirdly , is it not the greatest sinne of all , that you the people of all sortes of this Kingdome , who are created and ordeined by God to bestowe both your persons and goods for the maintenance both of the honour and safetie of your King and Common-wealth , should disable your selues in both ? In your persons hauing by this continuall vile custome brought your selues to this shamefull imbecilitie , that you are not able to ride or walke the iourney of a Iewes Sabboth , but you must haue a reekie cole brought you from the next poore house to kindle your Tobacco with ? whereas he cannot be thought able for any seruice in the warres , that cannot endure oftentimes the want of meate , drinke , and sleepe , much more then must hee endure the want of Tobacco . In the times of the many glorious and victorious battailes fought by this Nation , there was no word of Tobacco : but now if it were time of warres , and that you were to make some sudden Caualcado vpon your enemies , if any of you should seeke leisure to stay behinde his fellowe for taking of Tobacco , for my part I should neuer bee sorie for any euill chance that might befall him . To take a custome in any thing that cannot bee left againe , is most harmefull to the people of any land . Mollicies and delicacie were the wracke and ouerthrow , first of the Persian , and next of the Romane Empire . And this very custome of taking Tobacco ( whereof our present purpose is ) is euen at this day accounted so effeminate among the Indians themselues , as in the market they will offer no price for a slaue to be sold , whome they finde to be a great Tobacco taker . Now how you are by this custome disabled in your goods , let the Gentry of this land beare witnesse , some of them bestowing three , some foure hundred pounds a yeere vpon this precious stinke , which I am sure might be bestowed vpon many farre better vses . I read indeede of a knauish Courtier , who for abusing the fauour of the Emperour Alexander Seuerus his Master by taking bribes to intercede , for sundry persons in his Masters eare , ( for whom he neuer once opened his mouth ) was iustly choked with smoke , with this doome , Fumo pereat , qui fumum vendidit : but of so many smoke-buyers , as are at this present in this kingdome , I neuer read nor heard . And for the vanities committed in this filthie custome , is it not both great vanitie and vncleanenesse , that at the table , a place of respect , of cleanlinesse , of modestie , men should not be ashamed , to sit tossing of Tobacco pipes , and puffing of the smoke of Tobacco one to another , making the filthy smoke and stinke thereof , to exhale athwart the dishes , and infect the aire , when very often , men that abhorre it are at their repast ? Surely Smoke becomes a kitchin far better then a Dining chamber , and yet it makes a kitchin also oftentimes in the inward parts of men , soiling and infecting them , with an vnctuous and oily kinde of Soote , as hath bene found in some great Tobacco takers , that after their death were opened . And not onely meate time , but no other time nor action is exempted from the publike vse of this vnciuill tricke : so as if the wiues of Diepe list to contest with this Nation for good maners , their worst maners would in all reason be found at least not so dishonest ( as ours are ) in this point . The publike vse whereof , at all times , and in all places , hath now so farre preuailed , as diuers men very sound both in iudgement , and complexion , haue bene at last forced to take it also without desire , partly because they were ashamed to seeme singular , ( like the two Philosophers that were forced to duck themselues in that raine water , and to become fooles aswell as the rest of the people ) and partly to be as one that was content to eate Garlicke ( which hee did not loue ) that he might not be troubled with the smell of it , in the breath of his fellowes . And is it not a great vanitie , that a man cannot heartily welcome his friend now , but straight they must bee in hand with Tobacco ? No it is become in place of a cure , a point of good fellowship , and he that will refuse to take a pipe of Tobacco among his fellowes , ( though by his owne election he would rather feele the fauour of a Sinke ) is accounted peeuish and no good company , euen as they doe with tippeling in the cold Easterne Countries . Yea the Mistresse cannot in a more manerly kinde , entertaine her seruant , then by giuing him out of her faire hand a pipe of Tobacco . But herein is not onely a great vanitie , but a great contempt of Gods good giftes , that the sweetenesse of mans breath , being a good gift of God , should be wilfully corrupted by this stinking smoke , wherein I must confesse , it hath too strong a vertue : and so that which is an ornament of nature , and can neither by any artifice be at the first acquired , nor once lost , be recouered againe , shall be filthily corrupted with an incurable stinke , which vile qualitie is as directly contrary to that wrong opinion which is holden of the wholesomnesse thereof , as the venime of putrifaction is contrary to the vertue Preseruatiue . Moreouer , which is a great iniquitie , and against all humanitie , the husband shall not bee ashamed , to reduce thereby his delicate , wholesome , and cleane complexioned wife , to that extremitie , that either shee must also corrupt her sweete breath therewith , or else resolue to liue in a perpetuall stinking torment . Haue you not reason then to bee ashamed , and to forbeare this filthie noueltie , so basely grounded , so foolishly receiued , and so grossely mistaken in the right vse thereof ? In your abuse thereof sinning against God , harming your selues both in persons and goods , and raking also thereby the markes and notes of vanitie vpon you : by the custome thereof making your selues to be wondered at by all forraine ciuil Nations , and by all strangers that come among you , to be scorned and contemned . A custome lothsome to the eye , hatefull to the Nose , harmefull to the braine , daungerous to the Lungs and in the blacke stinking fume thereof , neerest resembling the horrible Stigian smoke of the pit that is bottomelesse . A22009 ---- By the King a proclamation for the search and apprehension of certaine pirats. England and Wales. Sovereign (1603-1625 : James I) 1604 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22009 STC 8363 ESTC S123952 33149997 ocm 33149997 28515 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22009) Transcribed from: (Early English Books Online ; image set 28515) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:25) By the King a proclamation for the search and apprehension of certaine pirats. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1604. "Giuen at our Pallace of Westminster the xij. day of Nouember 1604. in the second yeere of our Reigne of Great Brittaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Hull, William. Ward, Philip. Pirates -- England. Great Britain -- History -- James I, 1603-1625. Great Britain -- Foreign relations -- France. Broadsides -- London (England) -- 17th century. 2003-08 TCP Assigned for keying and markup 2003-09 Aptara Keyed and coded from ProQuest page images 2003-10 Daniel Haig Sampled and proofread 2003-10 Daniel Haig Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion By the King. ❧ A Proclamation for the search and apprehension of certaine Pirats . WHereas it hath appeared vnto vs by the Records of our high Court of the Admiraltie , That William Hull Captaine of a Ship called the Talbot of Topisham in our Countie of Deuon , And Philip Ward Captaine of a Ship called the Thomasine of Dartmouth in the said Countie , Christopher Newman , Edward Follet , and Henry Burt , with diuers others their Complices and Associats , seruing as Mariners or Souldiers in the said Ships , respectiuely stand indicted , for that they in Nouember 1602. with their Ships in warlike maner appointed within the Mediterranean Seas , did rob and spoile a Ship called la Serene of Olona in France , and the goods therein laden , belonging vnto diuers Subiects of our good brother The most Christian King : And not content therewith , did also in most sauage maner commit wilfull murther ( a crime most foule , odious and detestable in the sight of God , and man ) vpon the persons of diuers of the Frenchmen , being in the said Ship , against the Lawes and Statutes of this Realme : Wee of our Princely care for the administration of Iustice ( the maine pillar of our Estate ) doe with no lesse zeale , aswell for the satisfaction of forreine Princes , as for the example of others in like cases offending , intend to prosecute them , and all their Abettors , Complices and Accessaries , with the greatest seueritie of our Lawes in that case prouided : And therefore we will , and strictly command all and euery our Officers and louing Subiects , that immediatly after the sight of this present Proclamation , they and euery of them do make diligent search and inquirie in all places aswell exempt , as not exempt , for the said persons , and all and euery of them , and the same , or any of them so found , to apprehend and commit to the next Gaole , there to bee detained , vntill our high Admirall , or his Lieutenant Iudge of our high Court of the Admiraltie , vpon notice giuen vnto either of them , of the persons so committed , shall take order in that behalfe . And moreouer our pleasure is , that no person or persons whatsoeuer , shall wittingly or wilfully receiue , conceale , harbour , intertaine or lodge the said Pirats and murtherers , or any of them , or any of their said Complices and associats , into their house or houses , after the sight and knowledge of this Proclamation , ( knowing them by circumstances , credible informations , or otherwise , to be the persons aforenamed ) vpon paine vnto euery such person and persons so receiuing , concealing , harbouring , interteyning or lodging any of the said Pirats and murtherers , or any of their complices , of death and forfaiture of all their lands , goods and chattels , according to the Lawes and statutes in that case prouided . Giuen at our Pallace of Westminster the xij . day of Nouember 1604. in the second yeere of our Reigne of GREAT BRITTAINE , France , and Ireland . God saue the King. ¶ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1604. A22013 ---- By the King whereas the Kings Maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie betweene him and the king of Spaine ... England and Wales. Sovereign (1603-1625 : James I) 1605 Approx. 8 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22013 STC 8373 ESTC S123958 33150765 ocm 33150765 28746 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22013) Transcribed from: (Early English Books Online ; image set 28746) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:27) By the King whereas the Kings Maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie betweene him and the king of Spaine ... England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 2 leaves. By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1605. Proclamation against piracy. Other title information from first 2 lines of text. "Giuen at our Castle of Windsor the viij. of Iuly 1605. in the third yeere of our Reigne of Great Britaine, France and Ireland." Imprint from colophon. Reproduction of original in: Harvard University. Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pirates. Great Britain -- History -- James I, 1603-1625. Great Britain -- Foreign relations -- Spain. 2003-08 TCP Assigned for keying and markup 2003-09 SPi Global Keyed and coded from ProQuest page images 2003-11 Mona Logarbo Sampled and proofread 2003-11 Mona Logarbo Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion ❧ By the King. WHereas the Kings Maiestie hath alwayes bene ready to imbrace and cherish such a perfect amitie and friendship betweene him and the King of Spaine , and the Archdukes his good brethren , as might stand with his owne Honour , and the common good of his people ( For the better and more particuler obseruation whereof , there hath bene lately passed a Treatie , wherein his Maiesties royall will and pleasure is made so notorious to the world in all things , as whosoeuer doeth , or shall crosse the sinceritie of his Maiesties intention by any action of theirs , cannot auoyd the censure of high & wilfull contempt against his person and State , ) Although his Maiestie is not ignorant , that these offences for the most part , are dayly committed by such , as ( partly out of their owne originall corruption , and partly by habite of spoile and rapine ) are become so insensible or desperate of the perill they draw vpon themselues , and the imputation they cast vpon the honour of their Soueraigne ( so precious to him ) as his Maiesty is driuen for repaire thereof , to make open profession of his sinceritie in this kinde , more often then otherwise he would : Neuerthelesse , his Maiestie hauing lately found by many circumstances , that most of these great faults do grow and multiply , by negligence of inferiour Officers , ( especially such as are resident in the Ports , and dwell in the Maritime Counties , ) from whom his Maiestie expecteth so continuall care and vigilancie ( not onely out of feare of his Maiesties displeasure , but euen for conscience sake , ) as they should bee rather industrious watches ouer those that runne such wicked courses , then ( in any degree ) Receitors or Abettors of the same , considering that those are as well accomptable to God , that hinder not the euill of others ( being in their power , and incident to their peculiar places and dueties ) as those that are the personall Actors , or contriuers of the same : His Maiestie hath thought it necessary once againe to publish to all persons of what place or condition soeuer within his Maiesties Dominions , these Rules and Ordinances following , as things whereunto hee commandeth all persons ( whatsoeuer ) to yeeld their duetifull obedience , vpon perill of his heauie indignation , and the grieuous paines belonging to the same . FIrst , his Maiestie commandeth that no Seaman or Mariner whatsoeuer , shal be suffered to put himselfe into any Warlike seruice at Sea of any forreine Prince or State , straightly charging all that are in any such Seruice already , to leaue the same presently and without delay , and to record their apparance in their natiue Countrey , to some of his Maiesties Officers , vpon paine to be held and punished as Pirats . Item , If any person offending , doe at any time hereafter come into any port , or place of his Maiesties Dominions , vpon what pretext soeuer : his Maiestie expresly chargeth all his Officers foorthwith to apprehend the same , and to commit them to prison without Baile or Mainprise , and the Certificat thereof to be presently returned into the Admiraltie Court , to the ende that they may bee proceeded withall , according to the Lawes of the Realme , and the contents of his Maiesties former Proclamations . Item , His Maiestie commandeth all his Subiects , ( as they will auoyd his heauie indignation ) to forbeare to be aiding or receiuing of any Pirats , or such persons as shall continue in any such Warlike seruice , as aforesaid , or any person not being a knowen Merchant , by contracting , buying , selling , or by victualling of them , or any of their Company , vpon paine for so doing , to be punished presently , as the principall Offendors and Pirats ought to be . Item , That no shipping , or men of warre , of what estate or condition soeuer , going forth with commission of reprisall , or in any other warlike maner to serue at Seas , shall be permitted in any of his Maiesties ports , or in the members thereof to victual or relieue themselues with any warlike prouisions , thereby to enable themselues the better , to any acts of hostilitie at Sea against any of his Maiesties friends : but onely in their returne homewards , if they happen to come into any of his Maiesties ports , that then it shall be lawfull for them to relieue themselues with victuall , or other necessaries to serue them onely for the space of twentie dayes and no more , which is a proportion reasonable to vse in trade of merchandize . Item , That all vice admirals , Customers , or other officers of the Ports shall not suffer any Ship of his Maiesties subiects to goe to the Seas , before such time as they ( respectiuely in their seuerall ports ) haue duely searched and visited the same , to the intent to stay such persons as apparantly shall be furnished for the warres , and not for merchandise or fishing . And if there shall be any maner of suspition , that the said person ( though he shall pretend to trade for merchandise or fishing ) hath or may haue any other intent by his prouisions or furniture , then to vse the trade of merchandise or fishing , that in such case of suspition , the officers of the Ports shall stay , and no wayes suffer the same to passe to the Seas , without good bands with sufficient sureties first had , to vse nothing , but the lawfull trade of merchandise or fishing . And if the said officers shall suffer any persons otherwise to repaire to the Seas , then aboue is mentioned , they shall not onely answere for any Pyracies , which any such person shall chance hereafter to commit vpon the Seas , but shall suffer imprisonment vntill the offenders may be apprehended , if they shall be liuing . And further , as his Maiestie declareth and denounceth generally all such Pyrates and Rouers vpon the Seas to be out of his protection , and therefore to be lawfully pursued and punished to the vttermost extremitie : so because his Maiestie presumeth , that all other States and persons in peace and friendship with him , will thinke it iust and honourable to proceede towardes him , with the same sinceritie , which hee obserueth towards them : His Maiestie doeth also hereby notifie to the world , that where it falleth out that diuers of his Subiects are or may bee enterteyned to serue at Sea vnder Captaines and Commaunders belonging to some forreine Prince or State , ( which are now or may be in termes of Hostility with any of his Maiesties friends ) thereby imagining , when they shal ( vpon occasion ) enter with their Shippes into any of his Maiesties Harboroughs , that they shall be free from any interruption , according to the libertie of Common Amity and correspondency which is vsually obserued betweene Princes in such cases , onely because the Commaunder or Captaine with some few persons besides are straungers , and the rest onely discouered to be his Maiesties Subiects : For as much as his Maiestie ( hauing made his iust and equall intentions thus apparant to all men by his publike Proclamations ) would be loath to frustrate the expectation of any his friends whome it doth or may concerne : He doth hereby declare to all the world , that if hee shall hereafter finde any such fraudulent course taken , in hope colourably to auoid the true construction of his so iust and necessarie ordinances , the breach wherof giues cause of further trouble and iealousies to arise betweene his Maiestie and other Princes in the mutuall exercise of their Subiects free trade and entercourse : he will make absolute stay of any such shippes and persons , which shal be so brought into his Portes or Harboroughs , as persons and thinges wholly exempted from that protection and fauour , which hee entendeth to maintaine and affoord to all others which shall not in such kinde goe about to abuse his Maiesties integritie , whose desire is to receiue no better measure in any thing , then he is willing to yeeld to others vpon the like occasions . Giuen at our Castle of Windsor the viij . of Iuly 1605. in the third yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1605. A04258 ---- His Maiesties Lepanto, or heroicall song being part of his poeticall exercises at vacant houres. James I, King of England, 1566-1625. 1603 Approx. 48 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A04258 STC 14379.3 ESTC S2147 23072666 ocm 23072666 26196 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A04258) Transcribed from: (Early English Books Online ; image set 26196) Images scanned from microfilm: (Early English books, 1475-1640 ; 1796:25) His Maiesties Lepanto, or heroicall song being part of his poeticall exercises at vacant houres. James I, King of England, 1566-1625. [36] p. By Simon Stafford, and Henry Hooke, Imprinted at London : 1603. In verse. Signatures: A-D⁴ E². Reproduction of original in the Harvard University. Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng 2006-01 TCP Assigned for keying and markup 2006-01 Aptara Keyed and coded from ProQuest page images 2006-12 Ali Jakobson Sampled and proofread 2006-12 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion HIS MAIESTIES LEPANTO , Or , HEROICALL SONG , being part of his Poeticall exercises at vacant houres . Imprinted at London by Simon Stafford , and Henry Hooke . 1603. THE AVTHOVRS Preface to the Reader , IT falls out often , that the effects of mens actions comes cleane contrary to the intent of the Authour . The same find I by experiēce ( beloued Reader ) in my Poeme of Lepanto : For although till now , it haue not bene imprinted , yet being set out to the publike view of many , by a great sort of stoln copies , purchast ( in truth ) without my knowledge or consent , it hath for lack of a Preface , bene in some things misconstrued by sundry , which I of very purpose thinking to haue omitted , for that the writing thereof might haue tended , in my opinion , to some reproch of the skilful learnednes of the Reader , as if his braynes could not haue conceyued so vncurious a work , without some maner of commentary , & so haue made the worke more displeasant vnto him : it hath by the contrary falne out , that the lack thereof hath made it the more displeasāt to some , through their mistaking a part of the meaning thereof . And for that I know the special thing misliked in it , is , that I should seeme far contrary to my degree & Religion , like a mercenarie Poet , to pen a worke , ex professo , in praise of a forraine Papist hastard ; I will , by setting downe the nature and order of the Poeme , resclue the ignorant of their error , and make the other sort inexcusable of their captiousnes . The nature then of this Poeme , is an argument , a minore ad maius , largely intreated by a Poetike comparison , being to the writing hereof moued , by the stirring vp of the league & cruell persecution of the Protestants in al coūtries , at the very first raging wherof , I compiled this Poeme , as the exhortation to the persecuted in the hinmost eight lines thereof doth plainely testify , being both begun and ended in the same Summer , wherin the league was published in Fraunce . The order of the Cantique is this : First , a Poetike preface , declaring the matter I treat of , wherein , I ▪ name not Don-Iohn , neither literally nor any wayes by description , which I behoued to haue done , if I had penned the whole Poeme in his praise , as Virgil , Arma virumque cano : & Homer , Dic mihi musa virum : of whose imitation I had not bene ashamed , if so my purpose had bene framed . Next followes my inuocation to the true God onely , and not to all the Hee and Shee Saints , for whose vaine honors , Don-Iohn fought in al his wars . Next after my inuocation , followes the poetike History of my comparison , wherein following forth the ground of a true history , ( as Virgil or Homer did ) like a painter shadowing with vmbers a portrait els drawne in grosse , for giuing it greater viuenes , so I eike or paire to the circumstances of the actions , as the rules of the poetike arte will permit : which historike comparison continues till the song of the Angels : in the which I compare and apply the former comparison to our present estate , taking occasion thereupon to speak somewhat of our religion . Lastly , the Epilogue of the whole , in the last eight lines , declares fully my intention in the whole , and explaines so fully my comparison and argument , from the more to the lesse , as I cannot without shameful repetition speak any more thereof . And in a word , what soeuer praise I haue giuen to Don-Iohn in this Poem , it is neither in accounting him as first or second cause of that victorie , but onely as a particular man , when hee falles in my way , to speake the truth of him . For as it becomes not the honour of my estate , like an hireling , to pen the praise of any man : So becomes it far lesse the highnesse of my ranke and calling , to spare for the feare or fauour of whomsoeuer liuing , to speake or write the truth of any . And thus crauing pardon , beloued Reader , for this long some Apologie ( being driuen thereto , not by nature , but by necessitie ) I bid you hartily farewell . THE SONNET . THe azur'd vault , the cristall circles bright , The gleaming fiery torches powdred there , The changing round , the shining beamy light , The sad and bearded fyres , the monsters fayre : The prodigies appearing in the ayre , The rearding thunders , and the blustering winds , The fowles , in hew , in shape , and nature rayre , The pretty notes that wing'd musicians finds : In earth the sau'ry flowres , the mettal'd minds , The holesome hearbes , the haughty pleasant trees , The siluer streames , the beastes of sundry kinds , The bounded roares , and fishes of the seas : All these for teaching man , the LORD did frame , To doe his will , whose glory shines in thame . I. R. HIS MAIESTIES LEPANTO : OR , HEROICALL SONG . I Sing a wondrous worke of God , I sing his mercies great , I sing his iustice heere — withall Powr'd from his holy seat : To wit , a cruell Martiall warre , A bloudy battell bold , Long doubtsome fight , with slaughter huge , And wounded manifold . Which fought was in LEPANTOES gulfe , Betwixt the baptiz'd race , And circumcised Turband Turkes Rencountring in that place . O onely God , I pray thee thrice , Thrice one in persons three , Alike Eternall , like of might , Although distinct ye be . I pray thee Father , through thy Sonne , Thy word immortall still , The great ARCHANGELL of records , And worker of thy will , To make thy holy Spreit my Muse , And eik my pen inflame , Aboue my skill to write this worke , To magnify thy name . Into the turning still of times , I erre , no time can be , Where was and is , and times to come , Confounded are all three : I meane , before great God in Heauen , ( For Sunne and Moone deuides The times in earth by houres and dayes , And seasons still that slides . ) Yet Man , whome Man must vnderstand , Must speake into this case , As man ; our flesh will not permit , Wee heauenly things imbrace . Then , as I els began to say , One day it did fall out , As glorious God in glistering throne , With Angels round about Did sit , and Christ at his right hand , That crafty Satan came , Deceyuer , Lyar , hating man , And Gods most sacred Name . This olde abuser stood into The presence of the Lord : Then in this maner Christ accus'de The sower of discord : I know , thou from that Citie comest , CONSTANTINOPLE great , Where thou hast by thy malice made The faythlesse Turkes to freat : Thou hast inflamde their maddest mindes With raging fire of wraith , Against them all that doe professe My Name with feruent fayth . How long , O Father , shall they thus , Quite vnder foote be tred , By faythlesse folkes , who executes What in this Snake is bred ! Then Satan answered , Fayth ? Quoth he , Their Fayth is too too small ; They striue , me thinke , on eyther part , Who farthest backe can fall : Hast thou not giuen them in my hands , Euen both the sides , I say , That I , as best doth seeme to me , May vse them euery way ? Then IEHOVA , whose nod doth make The heauens and mountaynes quake , Whose smallest wrath the Centers makes Of all the Earth to shake ; Whose word did make the world of nought , And whose approouing syne Did stablish all , euen as we see , By force of voyce diuine : This God began from thundering throate Graue words of wayght to bring : All Christians serue my sonne , though not Aright in euery thing . No more shall now these Christians be With Infidels opprest , So of my holy hallowed Name The force is great and blest Desist ô Tempter . Gabriel , come , O thou ARCHANGEL true , Whome I haue oft in message sent To Realmes and Townes anew . Go quickly hence to Venice Towne , And put into their mindes , To take reuenge of wrongs the Turkes Haue done in sundry kindes . No whisling winde with such a speed , From hilles can hurle ore heugh , As he whose thought doth furnish speed , His thought was speed aneugh . This Towne it stands within the Sea , Fiue miles or thereabout , Vpon no Ile nor ground , the Sea Runnes all the streetes throughout , Who stood vpon the steeple head , Should see a wondrous sight , A Towne to stand without a ground , Her ground is made by slight : Strong Timber props dung in the Sea Do beare her vp by art , An I le is all her market-place , A large and spacious part . A Duke with Senate ioynd doth rule , Saint MARKE is patron chiefe , Ilk yeare they wedde the Sea with rings To be their sure reliefe . The Angell then arriu'd into This artificiall Towne , And chang'd in likenes of a man , He walkes both vp and downe , While time he met some man of spreit , And then began to say , What do we all ? me thinke we sleepe : Are we not day by day ▪ By cruell Turkes and Infidels Most spitefully opprest ? They kill our Knights , they brash our forts . They let vs neuer rest . Go too , go too , once make a proofe : No more let vs desist : To bold attempts God giues successe , If once assay we list . With this he goes away . This man Vnto an other tells The purpose , whereunto they both Agree among themsels . This other to an other tels , And so from hand to hand It spreads and goes , and all that heard It , necessare it fand . And last of all it comes vnto The Duke and Senates care , Who found it good , and followed furth The same as ye shall heare . The Towne was driuen into this time , In such a pitteous strait By Mahometists , that they had els Giuen ouer all debait . The Turke had conquest Cyprus I le , And all their lands that lay Without the bounds of Italie , Almost the whole , I say : And they for last refuge of all , Had moou'd each Christian King , To make their Churches pray for their Reliefe in euery thing . The Towne with pitteous plaints did call Vpon the Lord of might , With praying still and fasting oft , And groning all the night : Was nothing heard but sobs and sighs , Was nothing seene but teares , Yea sorrow draue the brauest men With mourning to their beares . The women swound for sorrow oft , The babe for woe did weepe , To see the mother giuing milke , Such dolefull gesture keepe . Young men and maides within the Towne Were ay arraid in blacke , Each Eau'n the Sunne was sooner hid Then earst , the night to macke . No Venus then , nor Cupid false , Durst kyth or once appeare , For pale distresse had banisht them , By sadde and sory cheare . As seas did compasse them about , As Seas the streets did rin , So Seas of teares did euer flow The houses all within . As Seas within were ioynd with howles , So Seas without did rayre , Their carefull cries to Heauen did mount , Resounding in the ayre . O stay , my Muse , thou goest too farre : Shew where we left before , Lest trickling teares so fill my pen , That it will write no more . Then VENICE being in this state , When Gabriel there was sent , His speaches spread abroad , made Towne And Senate both so bent To take reuenge , as they implorde The Christian Princes ayd , Of forces such , as easily , They might haue spar'd and may'd . At last , support was graunted them , The holy league was past , Al 's long to stand , as twixt the Turkes And Christians warre should last . It was agreed , that into March , Or Aprill euery yeare , The army should on Easterne Seas , Conuene from farre and neare . Thus bent vpon their enterprise , The principals did conueene , Into Messena to consult , What order should haue beene Obseru'd in all their army great : There Don Iohn d' Austria came , Their Generall great , and Venier al 's Came there in Venice name ▪ From Genes Andrea Dor●● came , And Rome Colonne sent , When they with others many dayes Had into counsayle spent . In end Ascagnio Dela Corne , A martiall man and wise , His counsayle gaue , as ye shall heare Vpon their enterprise . Three causes be ( ô chieftaynes braue ) That should a Generall let , On Fortunes light vncertayne wheele The victory to set : First , if the losse may harme him more , Then winning can auayle , As if his Realme he doe defend From them that it assayle . The next , is when the contrare Host Is able to deuide , For sicknesse sore , or famine great , Then best is to abide . The third and last , it is in case His forces be too small , Then better farre is to delay , Then for to per●●● all . But since of these two former poynts We need not stand in doubt , Then though we leese , we may defend Our Countries round about . As to the last , this armie is So awfull , strong and fayre , And furnisht so with necessares Through your foreseeing care , That nought doth rest but courage bolde . Then since your state is such , With trust in God assay your chaunce . Good cause auayleth much . But specially take heed to this , That ere ye make away , Ye order all concerning watre , Into their due array : For if while that ye see your foes , Ye shall continue all , Then shall their sudden sight with feare Your brauest Spreits appall . Each one commaund a sundry thing , Astonisht of the case , And euery simple Soldat shall Vsurpe his Captaynes place . This counsall so contents them all , That euery man departs , With whispering much , and so resolues With bold magnanime hearts . THEIR preparations being made , They all vpon a day , Their biting Ankers gladly wayde , And made them for the way . The Grecian Fleet , for Helens cause That Neptunes towne did sacke , In braue array , or glistring armes , No match to them could macke . There came eight thousand Spaniards braue From hote and barren Spayne , Good ordour-keepars , cold in fight , With proud disdaynfull brayne , From pleasant fertill Italie , There came twelue thousand al 's , With subtill spreits bent to reuenge , By crafty meanes and fals . Three thousand Almans also came , From Countries cold and wide , These money men with awfull cheare The chock will dourely bide . From diuers parts did also come , Three thousand venturers braue , All voluntaires of conscience mou'd , And would no wages haue . Armde Galleyes twice a hundr'and eight , Six shippes all wondrous great , And fiue and twenty loadned shippes , With baggage , and with meat ; With fourty other little barkes , And prettie Galeots small . Of these aforesayd was compound The Christian Nauie all . THIS cloud of Gallies thus began On Neptunes backe to rowe : And in the ships the Marriners Did skippe from towe to towe . With willing minds they hayld the Tyes , And hoyst the flaffing Sayles , And strongest towes , from highest mastes , With force and practique hayles . The Forceats lothsomly did rowe , In Gallies ' gainst their will , Whom Galley-masters oft did beat , And threaten euer still . The foming Seas did bullor vp , The risking Oares did rash , The Souldats pieces for to clenge Did showres of shots delash . But as the Deuill is ready bent , Good workes to hinder ay , So sowd he in this Nauy strife , Their good successe to stay . Yet did the wisdomes of the Chiefes , And of the generall most , Compound all quarrels and debates That were , into that Host , Preferring wisely as they ought , The honour of the Lord , Vnto their owne , the publike cause , To priuate mens discord . The feathered fame of wondrous speed . That doth delight to flee On tops of houses pratling all That she can heare or see , Part true , part false : this monster strange Among the Turkes did tell , That diuers Christian Princes ioynd , Resolu'd with them to mel . Then spyes were sent abroad , who told The matter as it stood . Except in Arythmetique ( as It seemd ) they were not good : For they did count their number , to Be lesse then was indeed , Which did into the great Turkes mind A great disdayning breed . A perrilous thing , as euer came Into a Chieftaynes brayne , To set at nought his foes ( though small ) By lighleing disdayne . Then Selym sent a Nauy out , Who wandred without rest , Whill time into LEPANTOES gulfe , They all their Ankers kest . In season when with sharpest hooks The busie shearers cowe The fruitfull yellow locks of gold , That doe on Ceres growe , And when the strongest Trees for weight Of birth doe downeward bow Their heauy heads , whose colourd knops In showres rayne ripely now , And husband men with Woodbind crownes , To twice borne Bacchus dance , Whose pleasant poyson sweet in taste , Doth cast them in a trance : Into this riping season sure , The Christian Host , I say , Were all assembled for to make Them readie for the way . But or they from Messena came , The Vines were standing bayre , Trees voyd of fruite , and Ceres polde , And lacking all her hayre : But when that leaues , with ratling falles In banks of withered boughes , And carefull labourers doe begin To yoke the paynefull ploughes , The Nauies neere to other drew , And Venier ( sent before ) Gaue false Alarum , sending word , The Turkes had skowp'd the score , That fifty Gallyes quite were fled . This word he sent expresse , To make the Christians willingly To battell them addresse . As so they did , and entred all , ( Moou'd by that samin flight ) Into LEPANTOES gulfe , and there Preparde them for the fight . Whill this was doing here on earth , Great God , who creates all , ( With wakrife eye preordoning What euer doth befall ) Was sitting in his pompous throne , In highest heauen aboue , And gloriously accompanide With Iustice and with Loue : The one hath smiling countenance , The other frowning cheare : The one to mercy still perswades Him as a Father deare : The other for to powre his plagues Vpon repining sinne , And fill the fields with wofull cryes , The houses all with dinne . But yet the Lord so temperates them , That both doe brooke their place , For Iustice whiles obtaynes her will , But euermore doth grace : IEHOVA al 's hath balances , Wherewith hee weighes aright The greatest and the heauiest sinnes With smaller faults and light : These grace did moue him for to take : And so he weighed in heauen The Christian faults , with faithlesse Turkes . The ballance stood not eauen , But sweyd vpon the faythlesse side . And then with awfull face , Frownd God of Hosts , the whirling heau'ns For feare did tremble space . The stayest mountaynes shuddred all , The grounds of earth did shake , The Seas did bray , and Plutoes Realm ▪ For horrour cold did quake . HOW soone Aur●raes ioyfull face Had shead the shady night , And made the chiuering Larks to sing For gladnesse of the light , And Phoebe with inconstant face , In Seas had gone to rest , And Phoebus chasing vapours moyst , The Skye made blew celest ; The Generall of the Christian Host , Vpon his Galley Mast , The bloudy signe of furious Mars , Made to be fixed fast . Then , as into a spacious towne , At breaking of the day , The busie worke-men doe prepare Their Worklumes euery way . The Wright doth sharpe his hacking Axe , The Smith his grinding File , Glasse-makers beets their fire that burnes Continuall , not a while : The Paynter mixes colours viue , The Printer Letters sets , The Mason clinks on Marble stones , Which hardly drest he gets : Euen so , how soone this Warriour world With earnest eyes did see Yon signe of warre , they all preparde To winne or else to dye : Here Hagbutters prepar'd with speed A number of Bullets round ; There Cannoners , their Cannons steild , To make destroying sound ; Here Knights did dight their burnisht brands , Their Archers bowes did bend , The Armorers on Corslets knockt , And Harnesse hard did mend , The fiery Marriners at once Made all their tackling claire With whispering dinne , and cryes confus'd , Preparing here and there : As busie Bees within their Hiues With murmuring euer still , Are earn'st vpon their fruitfull worke , Their empty holes to fill . The Flags and Ensignes were displayd , At Zephyrs will to waue , Each paynted in the colours cleare Of euery owner braue . But all this time , in carefull minde The Generall euer rolde , What maner of aray would best Fit such an army bolde . To pance on this it paynd him more , This more did trouble his brest , Then Cannons , Cor●e-lets , Bullets , Tackle , And Swords , and Bowes , the rest . And at the last with ripe aduice , Of Chieftaynes sage and graue , He shead in three , in Cressents forme , This martiall army braue : The Generall in the battayle was , And Colonell vndertooke The right wing with the force of Genes , The left did Venier brooke . WHEN this was done , the Spanish Prince Did rowe about them all , And on the names of speciall men , With louing speach did call , Remembring them how righteous was Their quarrell , and how good , Immortall praise , and infinit gaynes , To conquere with their blood ; And that the glory of God in earth , Into their manhead stands , Through iust reliefe of Christian soules From cruell Pagans hands . But if the Enemie triumphed Of them and of their fame , In millions men to bondage would , Professing IESVS name , The Spaniol Prince exhorting thus With glad and smiling cheare , With sugred words and gesture good , So pleas'd both eye and eare , That euerie man cryed victorie . This word abroad they blew , A good presage that victorie Thereafter should ensew . The Turquish Host in manner like Themselues they did aray , The which two Bashas did commaund And order euery way . For Portan Basha had in charge , To gouerne all by land , And Ali-Basha had by Sea The onely chiefe command , These Bashas in the battaile were , With mo then I can tell , And Mahomet Bey the right wing had , The left Ochiali fell . Then Ali-Basha visied all With bold and manly face , Whose tongue did vtter courage more Then had alluring grace : He did recount amongst the rest , What victorie Turkes obtaind On caytife Christians , and how long The Ottomans race had raignd : He told them al 's , how long themselues Had victours euer bene , Euen of these same three Princes small , That now durst so conuene . And would ye then giue such a lye Vnto your glories past , As let your selues be ouerthrowne By loosers at the last ? This victory shall Europe make To be your conquest pray , And all the rare things therein till , Ye carry shall away : But if ye leese , remember well How ye haue made them thrall , This samin way , or worse shall they Demayne you one and all , And then shall all your honours past , In smoake euanish quite , And all your pleasures turne in payne , In dolour your delite : Take courage then , and boldly to it , Our Mahomet will ayd , Conducting all your shots and stroakes Of arrowe , dart , and blayd : For nothing care , but onely one , Which onely doth me fray , That ere with them we euer meet , For feare they flee away . This speach did so the Army please , And so their mindes did moue , That clinks of Swords , and rattle of Pikes , His speaches did approue . THE glistring cleare of shining Sunne Made both the Hosts so glaunce , As fishes eyes did reele to see . Such hewes on Seas to daunce : But Titan shinde on eyes of Turkes , And on the Christians backs , Although the wauering wind , the which But seldome setling tacks , The Turks did second euer still , Whill but a little space Before the chocke , ô miracle ! It turnd into their face : Which Christians ioyfull as a s●ale And token did receaue , That God of Hosts had promis'd them , They victory should haue . HOW soone a Cannons smoaky throat The Seas did dindle all , And on Bellona bold and wise , And bloudy Mars did call , And that the sounding cleare of brasse , Did al 's approue the same , And kindled courage into men , To winne immortall fame . But what ? Me thinke I doe intend This battayle to recite , And what by Martiall force was done , My pen presumes to write , As if I had yon bloody God , And all his power seene , Yea to descriue the God of Hosts , My pen had able bene : No , no : no man that witnesse was , Can set it out aright . Then how can I by heare-say doe , Which none could doe by sight ? But since I rashly tooke in hand , I must assay it now , With hope that this my good intent Ye Readers will allow : I also trust , that euen as he Who in the Sunne doth walke , Is colourd by the samin Sunne , So shall my following talke , Some sauour keepe of Martial actes , Since I would paint them out , And God shall to his honour al 's My pen guide out of doubt . This warning giuen to Christians , they With Turkes yoake here and there , And first the sixe aforesayd shippes , That were so large and fayre , And placed were in former ranks , Did first of all pursew With Bullets , Raisers , Chaynes , & nayles , That from their pieces flew : Their Cannons rummisht all at once , Whose mortall thudding draue The fatall Turkes , to be content With Thetis for their graue . The Fishes were astonisht all , To heare such hideous sound , The Azure skye was dim'd with smoke : The dinne that did abound , Like thunder rearding rumling raue With roares the highest Heauen , And pearst with pith the glistring vaults Of all the Plannets seauen : The piteous plaints , the hideous howles , The grieuous cryes and mones , Of millions wounded sundry wayes , But dying all at ones , Conioynd with former horrible sound , Distemperd all the ayre , And made the Seas for terrour shake With braying euer where : Yet all these vnacquainted roares , The fearefull threatning sound , Ioynd with the groning murmuring howles , The courage could not wound So farre of Turkish Chieftaynes braue , As them to let or fray , With boldest speed their grieuous harmes With like for to repay , Who made their Cannons bray so fast , And Hagbuts crack so thicke , As Christians dead in number almost Did counteruayle the quicke , And sent full many carcages Of Seas to lowest ground , The Cannons thuds and cries of men Did in the sky resound , But Turkes remaynd not long vnpayd Euen with their proper coyne , By bitter shots , which Christians did To former thundring ioyne : Dead dropt they downe on euery side , Their sighing Spreits eschewes , And crosses Sty● into disdayne , To heare infernall newes : Yea scarcely could the ancient boate Such number of soules contayne , But sobbed vnderneath the weight Of Passengers prophane . While here the Father stood with Sonne , A whirling round doth beare The lead that dings the Father in drosse , And fils the Sonne with feare ; Whill there a Chieftayne shrilly cryes , And Soldats doth command , A speedy Pellet stops his speach , And stayes his poynting hand ▪ Whill time a clustered troupe doth stand Amaz'd together all , A fatall Bullet them among , Makes some selected fall : The hideous noyse so deaf'd them all , Increasing euer still , That ready Soldats could not heare Their wise Commaunders will ; But euery man as Mars him moou'd , And as occasion seru'd , His duty did , the best he might , And for no perill sweru'd : Their old Commaunders precepts past They put in practise then , And onely memory did commaund That multitude of men . THVS after they with Cannons had Their duty done afarre , And time in end had wearied them Of such embassad warre , A rude recounter then they made , Together Galleys clipt , And eche one other rasht her nose , That in the Sea was dipt : No maner of man was idle then , Each man his armes did vse : No scaping place is in the Seas , Though men would Mars refuse : The valiant Knight with Coutlasse sharpe , Of fighting foe doth part The bloody head from body pale , Whill one with deadly dart Doth pearce his enemies heart in twayne , Another fearce doth strike Quite through his fellowes arme or leg , With poynted brangling Pike . The Cannons leaue not thundering of , Nor Hagbuts shooting still , And seldome Powder wastes in vayne , But eyther wound or kill : Yea euen the simple forceats fought With beggers bolts anew , Wherewith full many principall men , They wounded sore and slew ; Whill time a Christian with a sword , Le ts out a faythlesse breath , A Turke on him doth with a dart Reuenge his fellowes death , Whill time a Turke with arrow doth Shoot thorow a Christians arme , A Christian with a Pike dooth pearce The hand that did the harme : Whill time a Christian Cannon killes A Turke with threatning sound , A Hagbut hits the Cannoner , Who dead , falls to the ground : The beggers bolts by forceats casten , On all hands made to flye , Iaw-bones and braynes of kild and hurt , Who wisht ( for payne ) to dye . The clinks of swords , the rattle of Pikes , The whirre of arrowes light , The howles of hurt , the Captaynes cryes In vayne , doe what they might : The cracks of Galleyes broken and bruz'd , Of Gunnes the rumbling beare Resounded so , that though the Lord Had thundred , none could heare . The Sea was vernish'd red with blood , And fishes poyson'd all , As Iehoua by Moses rodde , In Aegypt made befall . THIS cruell fight continued thus Vncertayne all the while : For Fortune oft on either side Did frowne , and after smile . It seem'd that Mars and Pallas both Did thinke the day too short , With bloody practise thus to vse Their olde acquainted sport : For as the slaughter ay increast , So did the courage still Of martiall men , whome losse of friends Enarm'd with eigre will ; The more their number did decrease , The more that they were harmd , The more with Mars then were they fild With boldning spite inarm'd : Now vp , now downe on either side , Now Christians seemd to winne , Now ouerthrowne , and now agayne , They seemd but to beginne . My pen for pitty cannot write , My hayre for horrour stands , To thinke how many Christians there Were kild by Pagane hands . O Lord , throughout this Labyrinth Make me the way to view , And let thy holy threefold Sprcit Be my conducting clew . O now I spy a blessed Heauen , Our landing is not farre : Loe , good victorious tydings comes , To end this cruell warre . IN all the time that thus they fought , The Spanish Prince was clipt With Ali-Basha , whome to meet , The rest he had oreslipt , And euen as throughout both the Hosts , Dame Fortune varied still , So kythde she twixt those Champions two , Her fond inconstant win : For after that the Castles foure Of Gallies both , with found , And slaughter huge , their Bullets had In other made rebound , And all the small Artillery , Consumde their shots below , In killing men , or else to cut Some Cable strong , or Towe : Yet victory still vncertayne was , And Soldats neuer ceast ( With interchange of Pikes and Darts , ) To kill or wound at least . In end , when they with bloud abroad , Had bought their meeting deare , The victory first on Spanish side Began for to appeare : For euen the Spanish Prince himselfe Did hazard at the last , Accompanied with boldest men , Who followd on him fast , By force to winne the Turkish decke , The which he did obtayne , And entered in their Galley syne , But did not long remayne : For Ali-Basha prou'd so well , With his assisters braue , That backward faster then they came Their valiant foes they draue , That glad they were to scape themselues , And leaue behind anew Of valiant fellowes carcases , Whom thus their enemies slew . The Generall boldned then with spight , And vernisht red with shame , Did rather chuse to leese his life , Then time his spreading fame : And so of new encouraged His Souldiers true and bolde , As now for eigrenesse they burne , Who earst were waxed cold : And thus they entred in agayne , More fiercely then before , Whose rude assault could Ali then Resist not any more , But fled vnto the Fort at STEVIN , For last refuge of all , Abiding in a doubtsome feare , The chance he did befall . A Macedonian Souldier then , Great honour for to win , Before the rest in earnest hope , To Basha bold did rin , And with a Cutlace sharpe and fine , Did whip me off his head , Who lackt not his reward of him That did the Nauy lead : The Generall syne caus'd fixe the head Vpon his Galley Mast . At sight whereof , the faythlesse Host ▪ Were all so sore agast , That all amaz'd gaue backe at once , But yet were stayd agayne , And neuer one at all did scape , But taken were or slayne , Ochiali except , with three times ten Great Galleyes of his owne , And many of the Knights of MALT , Whome he had ouerthrowne : But if that he with his conuoy Had mist a safe retreat , No newes had SELYM but by brute , Heard euer of this defeat . WHEN thus the victory was obtaynd , And thanks were giuen to God , Twelue thousand Christians counted were , Releeu'd from Turquish rod. O Spanish Prince , whome of a glance And suddenly away The cruel fates gaue to the world , Not suffering thee to stay ! With this the still night sad and blacke The earth oreshadowed then , Who Morpheus brought with her and rest , To steale on beasts and men . BVT all this time was Venice Towne Reuoluing what euent Might come of this prepared fight , With doubtsome mindes and bent : They long'd , and yet they durst not long , To heare the newes of all : They hoped good , they fear'd the euill , And kest what might befall . At last the ioyfull tydings came , Which such a gladnesse bred , That Matrons graue , and Mayds modest , The market place bespred : Anone with cheerefull countenance They dresse them in a ring , And thus the formost did begin Syne all the rest to sing . Chorus Venetus . SIng praise to God both young and olde , That in this towne remayne , With voyce , and euery Instrument , Found out by mortall brayne : Sing praises to our mighty God , Prayse our deliuerers name , Our louing Lord , who now in need , Hath kythd to be the same . The faythlesse snares did compasse vs , Their nets were set about : But yet our dearest Father in Heauen , He hath redeemd vs out . Not onely that , but by his power , Our enemies feet they slayd , Whom he hath trapt , and made to fall Into the pit they made . Sing prayses then both young and olde , That in this towne remayne , To him that hath releeu'd our necks , From Turkish yoke prophane . Let vs wash off onr sinnes impure , Cast off our garments vile , And haunt his Temple euery day , To pray his name a while . O prayse him for the victory , That he hath made vs haue : For he it was reueng'd our cause , And not our army braue : Prayse him with Trumpet , Piphre , & drum , With Lutes and Organes fine , With Viols , Gitterns , Cistiers al 's , And sweetest voyces syne : Sing prayse , sing prayse both yong and old , Sing prayses one and all , To him that hath redeemd vs now , From cruell Pagans thrall . IN hearing of this Song , me thinks , My members waxes faynt , Nor yet from dulnesse can I keepe My minde by no restraint . But loe , my Yrny head doth no● Vpon my Adamant brest , My eye-lids will stand vp no more , But fall to take them rest . And through my weake and weary hand , Doth slide my pen of lead , And sleepe doth else possesse me all , The similitude of dead . The God with golden wings through ports Of horne doth to me creepe , Who changes ofter shapes transformd , Then Proteus in the deepe . How soone he came , quite from my mind , He worldly cares remoou'd , And all my members in my bed , Lay still in rest belou'd . And syne I heard a ioyfull song , Of all the feathered bands Of holy Angels in the heauen , Thus singing on all hands . Chorus Angelorum . SIng , let vs sing with one accord Hallelu-iah on hye , With euery elder that doth bow Before the Lambe his knee : Sing foure and twenty all with vs , Whill Heauen and earth resound , Replenisht with Iehouas prayse , Whose like cannot be found : For he it is , that is , and was , And euermore shall be , One onely one vnseparate , And yet in persons three . Prayse him , for that he create hath The Heauen , the earth , and all , And euer hath preseru'd them since From their ruine and fall : But prayse him more , if more can be , That so he loues his name , As he doth mercy shew to all That doe professe the same : And not alanerly to them Professing it aright : But euen to them that mixe therewith Their owne inuentions slight : As specially this samin time Most playnely may appeare , In giuing them such victory That not aright him feare : For since he shewes such grace to them That thinke themselues are iust , What will he more to them that in His mercies onely trust ? And sith that so he vses them That doubt for to be sau'd , How much more them that in their hearts His promise haue engrau'd ? And since he doth such fauour shew To them that fondly pray To other Mediatours , then Can helpe them any way : O how then will he fauour them , Who prayers doe direct Vnto the Lambe , whom onely he Ordaynd for that effect ? And since he doth reuenge their cause , That worship God of bread , ( An errour vayne the which is bred But in a mortall head ) Then how will he reuenge their cause That onely feare and serue His dearest Sonne , and for his sake Will for no perils swerue ? And since that so he pities them That beare vpon their brow The marke of Antichrist the Whoore , That great abuser now , Who does the truest Christians With fire and sword inuade , And make them holy Martyrs , that Their trust in God haue layd , How will he them that thus are vsde , And beare vpon their face His speciall marke , a certayne signe Of euerlasting grace ? Put end vnto the trauels ( Lord ) And miseries of thy Saynts , Remouing quite this blindnesse grosse , That now the world so dants ▪ Sing prayses of his mercy then His superexcellence great , Which doth exceed euen all his works That lye before his seat : And let vs sing both now and ay To him with one accord , O holy , holy , God of Hosts , Thou euerliuing Lord. THus ended was the Angels song : And also here I end , Exhorting all you Christians true Your courage vp to bend . And since by this defeat ye see , That God doth loue his name So well , that so he did them ayd That seru'd not right the same : Then though the Antichristian fect Against you doe coniure , He doth the body better loue Then shaddow , be ye sure : Doe ye resist with confidence , That God shall be your stay , And turne it to your comfort , and His glory now and ay . FINIS . A22017 ---- By the King where vpon our first comming to the succession of this kingdome, at the sute of diuers persons, who had ... commissions ... for the taking up of hounds ... England and Wales. Sovereign (1603-1625 : James I) 1605 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A22017 STC 8378 ESTC S123961 33150759 ocm 33150759 28742 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22017) Transcribed from: (Early English Books Online ; image set 28742) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:31) By the King where vpon our first comming to the succession of this kingdome, at the sute of diuers persons, who had ... commissions ... for the taking up of hounds ... England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1605. Recalling commission for acquisition of hunting dogs for the king. Other title information from first 4 lines of text. "Giuen at our Honour of Hampton Court, the xxvij day of September, 1605. in the third yeere of our Reigne of Great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- I, -- King of England, 1566-1625. Hunting dogs. Hunting customs -- England. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-02 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion ❧ By the King. WHere vpon our first comming to the succession of this Kingdome , at the sute of diuers persons , who had or pretended to haue from the Queene of famous memory our Sister deceased , Commissions as annexed of course to seuerall offices which they helde , for the taking vp of Hounds , Greyhounds , Spaniels , and Dogges of other sorts accustomed for Venerie , Faulconry or other sports of Princes , We did renew vnto them their said Commissions , and grant the like to some others who had no offices , vpon diuers suggestions made vnto vs , which Commissions wee haue since beene informed from diuers partes of our Realme , that inferiour Officers who haue bene trusted with them , haue abused and do dayly abuse , contrary to the meaning of the same , which was to bee executed no further forth then the necessity of our seruice should require : And forasmuch also as we haue had good proofe that Gentlemen and others , who delight in the like pastime of hunting and hanking , haue and will be ready at all times of their owne good will and respect to our recreations , to furnish vs of sufficient number of Dogges of all sorts , which wee shall haue cause to vse , when they shall be informed that we haue need of them : Wee haue therefore found it vnnecessary to continue the execution of any our Commissions heretofore giuen for that purpose , And doe hereby notifie the same to all our Subiects , and expressely charge and command all those , who haue any such Commissions or Warrants from vs vnder our great Scale , or any other our Scales , that they doe not onely forbeare to put the same in execution from henceforth , but also do bring in and deliuer vp the sayd Commissions and Warrants , into our Chancerie , or any other Office , where they haue bene sealed , within the space of Twentie dayes after the publishing hereof , as they will answere the contrary at their perill . Willing also and commanding our Attourney generall , and all other of our Counsell learned , that whensoeuer they shall receiue information , that any person , who hath had such Commission from vs , shall after the time aboue limitted execute the same , that they doe prosecute their offence therein as in case of contempt by all such wayes and meanes , as in like case is vsuall . Giuen at our Honour of Hampton Court , the xxvij . day of September , 1605. in the third yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ¶ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1605. A22029 ---- By the King whereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our countie of Northampton England and Wales. Sovereign (1603-1625 : James I) 1607 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A22029 STC 8399 ESTC S123970 33150786 ocm 33150786 28755 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22029) Transcribed from: (Early English Books Online ; image set 28755) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:39) By the King whereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our countie of Northampton England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1607. For suppressing riots against enclosures. Other title information from first three lines of text. "Giuen at our Palace of Westminster the thirtieth day of May, in the fifth yeere of our Reigne of Great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Inclosures -- England. Land tenure -- England. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2005-05 TCP Assigned for keying and markup 2005-08 SPi Global Keyed and coded from ProQuest page images 2005-09 Mona Logarbo Sampled and proofread 2005-09 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion ❧ By the King. WHereas some of the meaner sort of our people did of late assemble themselues in riotous and tumultuous maner within our Countie of Northampton , sometimes in the night , and sometimes in the day , vnder pretence of laying open enclosed grounds of late yeeres taken in , to their dammage , as they say ; The repressing whereof we did first referre only to the due course of Iustice , and the ordinary proceedings of the Commissioners of the Peace , and other our Ministers in such cases : Forasmuch as Wee haue perceiued since , that lenitie hath bred in them , rather encouragement then obedience , and that they haue presumed to gather themselues in greater multitudes , as well in that Countie , as in some others adioyning , We find it now very necessary to vse sharper remedies . Wherefore , We will and command all Lieutenants , deputy Lieutenants , Sheriffs , Iustices of Peace , Maiors , Bailiffes , Headboroughs , Constables , and all other our Officers and Ministers to whom it may appertaine , if the said persons shall continue so assembled , after Proclamation made , or any such new Assemblies bee gathered in those , or any other parts of our Realme , immediatly to suppresse them by whatsoeuer meanes they may , be it by force of Armes , if admonitions and other lawfull meanes doe not serue to reduce them to their dueties . For Wee cannot but be iustly moued to such seueritie against those , who vniustly throw a slaunder vpon our Gouernment , by taking that pretence for their disobedience : Seeing it is manifest by Acte of Parliament , passed since our comming to this Crowne , that we haue been careful to preuent such Enclosures , and Depopulations , & that it hath been an ordinary charge giuen by Us to our Iustices of Assises , when they went to their Circuits , to enquire of all vnlawfull Depopulations and Enclosures , and to take order to remedie the same , and to punish the Offenders therein according to the due course of Lawe . And it is well knowen to many , that We were now also in hand with some course to bee taken by aduise of our Counsell for the performance thereof : From which our good purpose and intent , this their presumptuous and vndutifull proceeding , might rather giue Us cause to desist , then increase in Us any affection to relieue such disordered persons , so farre attempting against our Crowne and Dignitie , who chuse rather to trust to their owne pride and rashnes , then to the care and prouidence of their Souereigne . Willing and commanding all our said Lieutenants , Deputie Lieutenants , Shiriffes , and other our Officers and Ministers aboue mentioned , to attend diligently to the execution of this our pleasure , and all other our louing Subiects to be obedient to them in the performance thereof , as they will answere the contrarie at their perill . Giuen at our Palace of Westminster the thirtieth day of May , in the fifth yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1607. A22034 ---- By the King it is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome ... haue presumed lately to assemble themselues riotously in multitudes ... England and Wales. Sovereign (1603-1625 : James I) 1607 Approx. 11 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A22034 STC 8400 ESTC S3662 33150707 ocm 33150707 28721 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22034) Transcribed from: (Early English Books Online ; image set 28721) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:40) By the King it is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome ... haue presumed lately to assemble themselues riotously in multitudes ... England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 3 leaves. By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1607. For suppressing riots against enclosures. Other title information from first 5 lines of text. "Giuen at our Mannour of Greenewich the xxviij. day of Iune, in the fifth yeere of our Reigne of Great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Inclosures -- England. Land tenure -- England. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2005-05 TCP Assigned for keying and markup 2005-06 Aptara Keyed and coded from ProQuest page images 2005-07 Emma (Leeson) Huber Sampled and proofread 2005-07 Emma (Leeson) Huber Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion ❧ By the King. IT is a thing notorious that many of the meanest sort of our people in diuers parts of our kingdome , either by secret combination , wrought by some wicked instruments , or by ill example of the first beginners , haue presumed lately to assemble themselues riotously in multitudes , and being armed with sundry weapons , haue layd open in forcible maner a great quantitie of seuerall mens possessions , some newly enclosed , and others of longer continuance , making their pretence that some townes haue been depopulated , and diuers families vndone by meanes of such Enclosures . In which seditious courses they haue persisted not onely after many prohibitions by our Ministers in the seuerall Counties , but after particular Proclamations published by our Royal Authoritie , & which is more , when so many meanes of lenitie and gentlenesse were offered to reclaime them , as no Prince would haue vsed , but such a one as was both confident in the loyall affections of his Subiects in generall , and compassionate towards the simplicitie of such Offenders : many of them stood out most obstinately , and in open fielde rebelliously resisted such forces as in Our name , and by Our authoritie came to represse them , whereupon insued by necessitie in the end that some blood was drawen as well by martiall Execution , as by ciuil Iustice . Vpon this accident it seemeth good vnto Vs to declare to the world , and specially to Our louing Subiects , as well that which concerneth Our affections ( which vpon seueral respects are diuided betweene comfort and griefe ) as that which concerneth also Our Princely intentions , which likewise are bent vpon the contrary obiects and courses of Grace and Iustice . For first of all We finde cause of comfort in our selues in regard of the clearenesse of Our conscience ( to whome God hath committed the care and supreme Gouernment of Our people ) from giuing cause or colour of such complaint ; the matter whereof is such , as Wee take Our selues more interessed therein then any our Subiects can bee : For as Wee cannot but know , that the glorie and strength of all Kings consisteth in the multitude of Subiects , so may Wee not forget that it is a speciall and peculiar preheminence of those Countreyes , ouer which God hath placed Vs , that they do excell in breeding and nourishing of able and seruiceable people , both for Warre and Peace , which Wee doe iustly esteeme aboue all Treasure and Commodities , which our said dominions do otherwise so plentifully yeeld vnto Vs. Neither in this particular case of depopulation , can any man make doubt but it must bee farre from our inclination to suffer any tolleration of that which may bee any occasion to decay or diminish our people , if wee did consider nothing else , but that vse and application which wee may make ( as other Princes do ) both of the bodies of our people to carrie armes for defence of our Crown , and of their goods and substance to supply our wants vpon all iust & resonable occasions , so as we may by many reasons sufficiently iustifie our care herein towards God & the world ( forasmuch as apperteineth to our Kingly Office ) seeing the said Inclosures ( lawfull or vnlawfull ) were all or the most part made before we had taken the Scepter of this Gouernment into our Possession . Whereunto we may adde ( as wholy cleansing and washing our hands from the tolleration of these grieuances ) the continuall and strict charges and commandements giuen by vs to our Iudges and Iustices , for , the care and reformation of those things which may bee in any wise grieuous to our people in their seuerall Countreyes , although in this point there is some defence alledged by our subordinate Ministers , and specially by the Iustices of Assise , that our people haue beene wanting to themselues in the due and ordinary meanes which they ought to take , by presentment of such as are or haue beene guilty of these oppressions . But as wee take comfort that the causes of these complaints haue not proceeded from our Gouernment , hauing contrariwise ( before these seditious courses first brake forth ) taken into our Princely consideration this matter of depopulating and decaying of Townes and Families ( whereof we are more sensible , then any other ) with resolution to cure whatsoeuer is amisse , by iust and orderly remedies : So are wee grieued to behold what the disloyalty and obstinacy of this rebellious people hath forced vs vnto , who being naturally inclined to spare shedding of blood , could haue wished that the humble and voluntary submission and repentance of all those Offenders , might both haue preuented the losse of the life of any one of them , and the example of Iustice vpon some might haue preuented the losse of more . And seeing it was of such necessity , that some in regard of their intollerable obstinacy in so pernicious Treason should perish , rather then the sparkes of such a fire in our Kingdome should be left vnquenched , that it may yet serue to put others in mind of their duetie , and saue them from the like ruine and destruction , for such and so Traiterous attemps hereafter : In all which considerations , for that which may concerne our own Royall intention , as wee would haue all men know and conceiue , that neither the pretence of any wrongs receiued , nor our great mislike of depopulation in generall , can in any wise stay vs any longer , from a seuere and iust prosecution of such as shall take vpon them to be their owne iudges and reformers , either in this or any other pretended grieuance : So on the other side , we are not minded that the offences of a few ( though iustly prouoking our Royall indignation ) shall alter our Gracious disposition to giue reliefe in this case , where it apperteineth , were it for none other cause , then in respect of so many others our good and louing Subiects , which might haue alledged like cause of griefe , and neuerthelesse haue contained themselues in their due obedience . And therefore Wee doe first declare and publish our Princely resolution , That if any of our Subiects shall heereafter vpon pretences of the same or like grieuances , either persist in the vnlawfull and rebellious Act already begun , or renewe and breake forth into the like , in any parts of our Kingdome ; We will prefer the safetie , quiet , and protection of our Subiects in generall , and of the body of our State , before the compassion of any such Offenders , bee they more or lesse , and howsoeuer misled : and must forget our naturall clemency by pursuing them with all seuerity for their so hainous Treasons , as well by our Armes as Lawes , knowing well , that We are bound ( as the head of the politike body of our Realme ) to follow the course which the best Phisitians vse in dangerous diseases , which is , by a sharpe remedy applyed to a small and infected part , to saue the whole from dissolution and destruction . To which ende We doe accordingly charge and command all our Lieutenants , Deputie Lieutenants , Sheriffes , Iustices of Peace , and all other Magistrates of Iustice vnder Vs , and all other our louing Subiects to whom it shall any wayes appertaine , to doe and imploy their vttermost indeauours and forces for the keeping of our Subiects in peace and obedience , for preuention of all such riotous and rebellious Assemblies , and destroying them , ( if any doe remaine , or shall happen to arise ) by force of Armes , and by execution ( euen to present death ) of such as shall make resistance . On the other side We doe notifie and declare to all our louing Subiects , That We are resolued , not out of any apprehension or regard of these tumults and disorders ( which Wee know well to be only dangerous to those that attempt them , and which experience may teach them , that they are in a momēt to be dispersed ) nor to satisfie disobedient people , be they rich or poore : But meerely out of loue of Iustice , Christian compassion of other of our Subiects , who being likewise touched with this griefe , auoyded the like offences , As also out of our Princely care and prouidence to preserue our people from decay or diminution , To cause the abuses of Depopulations and vnlawfull Inclosures to be further looked into , and by peaceable and orderly meanes to establish such a reformation thereof , as shall bee needfull for the iust reliefe of those that haue iust cause to complaine , and therin neglect no remedy , which either the lawes of our Realme doe prescribe , or our owne Royall Authority , with the aduice of our Councell can supply . For which purpose wee haue already assembled our Iudges , and giuen them in charge straightly , to make it one of their principall cares aswell to discouer the said offences , as to consider how farre they may be touched in law , and in what course , and accordingly to proceede against them with all seueritie . And yet because the execution thereof requireth some time , though no more then must of necessitie bee employed therein , if any turbulent or seditious spirits by their impatience , or through their desire to satisfie their owne wicked humors , by moouing common troubles shall seeke to preuent the course of Iustice by any such vnlawfull attempts , as haue beene lately vsed , and abusing our gracious disposition shall take the presumption to be Reformers of the said inconuenience by any force , because they perceiue hereby how much we mislike of it : Wee doe once againe denounce vnto them the same seuere punishment , which belongeth to Rebels in the highest degree , And doe require all and euery our Magistrates , Officers and Ministers of Iustice ( according to their place of authoritie ) and all our loyall Subiects according to their duety of assistance ( laying aside all slackenes or fond pittie ) to see it duely put in execution : As on the other side we doe promise , and are resolued graciously to lend our eares to humble and iust complaints , and to affoord our people Iustice and fauour both in this and all occasions fit for a King to doe for his good Subiects in generall and in particular . Giuen at our Mannour of Greenewich the xxviij . day of Iune , in the fifth yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1607. A22036 ---- By the King in calling to our princely remembrance, that in the late rebellion vpon pretence of depopulation and vnlawfull inclosures, the greatest number of the offenders have not beene proceeded with according to iustice and their traiterous deseruings ... England and Wales. Sovereign (1603-1625 : James I) 1607 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A22036 STC 8402 ESTC S3660 33150705 ocm 33150705 28719 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22036) Transcribed from: (Early English Books Online ; image set 28719) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:41) By the King in calling to our princely remembrance, that in the late rebellion vpon pretence of depopulation and vnlawfull inclosures, the greatest number of the offenders have not beene proceeded with according to iustice and their traiterous deseruings ... England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). By Robert Barker, Printer to the Kings most Excellent Maiestie, Imprinted at London : Anno Dom. 1607. Offering pardon to rioters who submit before 29 Sept. Other title information from first 4 lines of text. "Giuen at our Castle of Windsor the 24. day of Iuly, in the fifth yeere of our Reigne of Great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Inclosures -- England. Land tenure -- England. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Mona Logarbo Sampled and proofread 2005-07 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion royal blazon or coat of arms ❧ By the King. IN calling to our Princely remembrance , that in the late Rebellion vpon pretence of Depopulation and vnlawfull Inclosures , the greatest number of the offenders haue not beene proceeded with according to Justice and their traiterous deseruings , no nor so much as apprehended or touched for the same , although they bee in no better case or degree , then those few which haue suffered or beene called in question : There want not some reasons and circumstances which ( if wee would consult onely with policie or passion ) mought induce vs to further seueritie , and a more generall execution of the Law vpon the same offenders . For wee are not ignorant , that of all other seditions and rebellions , none doth bring such infinite waste and desolation vpon a Kingdome or State , as these popular Insurrections , which though they doe seldome shake or indanger a Crowne , yet they doe bring a heape of calamities vpon multitudes of innocent Subiects , and chiefly vpon the Authors and Acters themselues . And againe , Wee doe obserue , that there was not so much as any necessitie of famine or dearth of corne , or any other extraordinary accident , that might stirre or prouoke them in that maner to offend ; but that it may be thought to proceede of a kinde of insolencie and contempt of our milde and gracious Gouernment , which mought ( in some Prince ) turne the same into more heauy wrath and displeasure . But We neuerthelesse hauing at the very entrance of our Raigne , in the highest treasons against our owne Person , intermingled Mercie with iustice , are much more inclined in this case , which concerneth a number of poore & simple people , to extend our naturall clemencie to wards them . Whereupon we haue resolued to set wide open the gate of our Mercie vnto them , and to bestowe vpon them our free Grace and Pardon , without further Suite or Supplication . And therefore we doe hereby take and receiue all the sayd Offenders , and euery of them , to our Mercie , and of our Grace and meere motion , freely pardon vnto them their sayd Offences , and all paines of Death or other punishment due for the same , and promise vnto them , in the word of their naturall Liege Lord and King , that they shall not be in any wise molested or impeached , in Life , Member , Lands or Goods for their sayd Offences , or any of them . So as neuerthelesse , that before Michaelmas next they doe submit themselues , and acknowledge their sayd Offences before our Lieutenant , Deputie Lieutenant , or Sheriffe in the Countie where they shall remaine , whereof Wee will and command a Note or Entrie to be made and kept . And We are further graciously pleased , that if any of them seuerally or iointly shal desire for their better assurance , to haue our Pardon vnder our great Seale , that our Chancellor shal make the same vnto them without further warrant in that behalfe . Not intending neuerthelesse to preiudice any our Subiects priuate Suite or Action , but so much as in Us is , absolutely to acquite & discharge them against Us , our Heires & Successors . Giuen at our Castle of Windsor the 24. day of Iuly , in the fifth yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM ▪ 1607. A22039 ---- By the King. A proclamation for proroguing the parliament Proclamations. 1607-09-30 England and Wales. Sovereign (1603-1625 : James I) 1607 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A22039 STC 8405 ESTC S117198 99852413 99852413 17734 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22039) Transcribed from: (Early English Books Online ; image set 17734) Images scanned from microfilm: (Early English books, 1475-1640 ; 1136:19) By the King. A proclamation for proroguing the parliament Proclamations. 1607-09-30 England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.) By Robert Barker, printer to the Kings most excellent Maiestie, Imprinted at London : Anno dom. 1607. Plague precautions. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Plague -- England -- London -- Early works to 1800. England -- Proclamations -- Early works to 1800. 2006-03 TCP Assigned for keying and markup 2006-04 Apex CoVantage Keyed and coded from ProQuest page images 2006-05 Mona Logarbo Sampled and proofread 2006-05 Mona Logarbo Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms ❧ By the King. ¶ A Proclamation for proroguing the Parliament . WHereas at the rising of the late Session of our Parliament , wee prorogued the same vntill the sixteenth day of Nouember now next ensuing , For as much as the Infection of the plague is now in some parts of our Citie of London , So that it is to bee feared that if the Terme and Parliament should meete together , and thereby draw a double concourse of people from all parts of the Realme thither , it might giue occasion both to increase the saide Sickenesse thereabouts ( where our most abode is ) and to disperse it into other parts of the Realme , Wee haue therefore thought it fit to prorogue it further into the Winter , that is to say , to the tenth day of February next , at which day our purpose is , God willing , to hold the same ; And doe hereby giue notice to all whom it concerneth , that they may frame their affaires accordingly , and attend at the said tenth day of February to that seruice . Giuen at our Honour of Hampton Court the last day of September , in the fifth yeere of our Reigne of Great Britaine , France and Ireland . God saue the King. ¶ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1607. A22096 ---- By the King, a proclamation for the continuance of His Maiesties farthing tokens England and Wales. Sovereign (1603-1625 : James I) 1614 Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22096 STC 8500.7 ESTC S1559 20213443 ocm 20213443 23825 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22096) Transcribed from: (Early English Books Online ; image set 23825) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:16) By the King, a proclamation for the continuance of His Maiesties farthing tokens England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([2] p.) By Robert Barker ..., Imprinted at London : 1614. Caption title. "Giuen at our manour of Greenewich, the one and twentieth day of Iune, in the twelth yeere of our reigne ..."--P. [2]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tokens -- England. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ❧ A Proclamation for the continuance of His Maiesties Farthing Tokens . WHereas the Kings most Excellent Maiestie for the suppressing of the manifold abuses , in passing of Farthing Tokens , of Lead , Brasse , Copper , and other Mettall , betweene Uintners , Tapsters , Chandlers , Bakers , and other the like Tradesmen , and their Customers ; did publish His Proclamation , bearing Date at White-Hall , the nineteenth day of May , in the eleuenth yeere of His Maiesties Reigne , of Great Britaine , France and Ireland , As a prouident Remedie of the said abuses ; whereby his Maiestie did prohibite the vttering of all Farthing Tokens whatsoeuer , and was pleased to giue full power , and authority , to Iohn Lord Harrington , his Executors , or Assignes , to make , or cause to be made , such a Competent quantity of Farthing Tokens of Copper , as might be conueniently vsed within his Realmes of England , and Ireland , and Dominions of Wales , according to His Highnesse Letters Patents vnder the Great Seale , for the sole making and vttering thereof , as by the saide Proclamation , and Letters Patents , more at large it doth appeare . Now forasmuch as His Maiestie is informed , that vpon the death of the said Lord Harrington , the elder , and more especially vpon the death of the late Lord Harrington his Sonne , by meanes of some false bruits spread abroad , by lewd and euill disposed persons , some doubt is made of the continuance of the force of the said Proclamation , and the vse of the said Farthing Tokens of Copper : insomuch that thereupon some not well disposed , doe either refuse to vse them , or doe continue to vtter their owne Tokens , of Brasse , Copper , and other Mettall , or matter , contrary to the true intent of His Maiesties said Graunt , and Prohibition , and of the said Proclamation , whereby the said abuses , and the licencious vse of them doth in some part stil continue ; His Maiesty therfore finding how acceptable the said Farthing Tokens , made by the said Lord Harrington and his Assignes , haue beene to his Maiesties Subiects , vnto whose hands they haue come , and especially about the Citie of London , and most chiefly for the reliefe of the poore , indigent , and poorer sort of people ; Hath thought fit by this His second Proclamation , to publish his Royall pleasure , for the continuance of the force of the said Proclamation , and the confirmation of His said Letters Patents to the Lady Anne Harrington widow , late wife of Iohn Lord Harrington , the Patentee deceased , and Executrix of the last Will , and Testament of Iohn Lord Harrington her Sonne likewise deceased , and to her Assignes , and for the continuance of the said Farthing Tokens of Copper accordingly . And doeth therefore by these Presents , not onely publish and declare his Highnesse will and pleasure , That the said Farthing Tokens of Copper , shall continue without any alteration of the Stampe or Print now vsed ; And shall , and may passe amongst his louing Subiects , according to the tenour of the sayd former Proclamation ; but also doeth straitly prohibite and forbid all , and euery person and persons whatsoeuer , aswell to vse or receiue any Tokens whatsoeuer ( other then the Farthing Tokens made and vttered by the said Lord Harrington the Patentee , or the said Lord Harrington his sonne , their or either of their Assignes , or made , or to bee made by the said Lady Anne Harrington her Assignee or Assignes , and vttered , or to bee vttered , as aforesaid ) as also to make , or counterfeit such Farthing Tokens of Copper , or the Engines or Instruments , whereby they are to bee made , according to the Tenour and true meaning of his Maiesties said Letters Patents , and former Proclamation in that behalfe ; Willing and commanding all his louing Subiects ▪ to vse their best endeauours for the finding out and apprehending of the said offenders in the Premisses , who shall be well rewarded for the same , and the offenders receiue condigne punishment . Giuen at Our Manour of Greenewich , the one and twentieth day of Iune , in the twelfth yeere of Our Reigne of Great Britaine , France , and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . Anno Dom. 1614. A22097 ---- By the King, a proclamation conteyning His Maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. England and Wales. Sovereign (1603-1625 : James I) 1614 Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22097 STC 8500 ESTC S1558 20213400 ocm 20213400 23824 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22097) Transcribed from: (Early English Books Online ; image set 23824) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:15) By the King, a proclamation conteyning His Maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([2] p.) By Robert Barker ..., Imprinted at London : 1614. Caption title. "Giuen at our palace of Westminster the fiue and twentieth day of May in the twelth yeere of our reign ..."--P. [2]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Textile industry -- England. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ¶ A Proclamation conteyning his Maiesties Royall pleasure , concerning the proiect of Dying and Dressing of Broad Cloathes within the Kingdome , before they be exported . IT was the worke of one of Our noble Progenitors King Edward the third , to conuert the Woolls of this Kingdome formerly vented raw , into Cloath , thereby to purchase vnto Our louing Subiects the profite , arising aswell vpon the Manufacture , as vpon the Materiall , and to set Our owne people on worke for their better sustentation and comfort ; And it is likewise Our desire , That it should be the worke of Our times , to ordaine and prouide , that all Broad Cloathes may bee Died and Dressed within Our Kingdome before they bee Exported ; whereby aswell the second gaine of Manufacture , as the first , with all the incidents thereof , may come wholly to the benefit of Our louing Subiects , in whose riches and good estate Wee shall alwayes thinke Ourselues rich and happy . Neither is the increase of profite vpon this great Staple commoditie onely in Our Princely eye and cogitation ; But Wee foresee likewise , that when Our Cloathes shal be Transported and dispersed by Our Subiects immediatly into all the Markets of the world , where they are worne and vsed , it must encrease exceedingly Our Nauigation and Nauie , so that not onely wealth , but honour , strength and industrie will euidently follow vpon that which We propound to Our selues ; That as the Kings Our Progenitors , haue had the wisedome and Iudgement to see and discerne the good that might come thereof ; So neuerthelesse , either through difficultie or misinformation , they haue not perfected , nor throughly pursued the worke intended , as may appeare by the good and politique Lawes that haue bene Enacted concerning the same on the one part , and the ancient and Inueterate Toleration and Dispensation with the saide Lawes , which haue bene from time to time put in vre on the other part : Wee therefore being desirous to aduance and perfect so excellent a worke , haue resolued to leaue no meanes vnperformed , either by aduise of Parliament or otherwise of Our selues , which may conduce thereunto , by those safe degrees which in so great a worke are requisite ; Wherein though We finde no small difficulties , as it vseth to come to passe in the best workes , specially in their beginnings , yet We doubt not but to ouercome the same without hazard or inconuenience vnto the present , for hope or desire of the future . And because opinion is sometime more harmefull then trueth , and that it may bee doubted by some , that there may ensue some stand of Cloathes , whereby so many families of Our louing Subiects are maintained , or at least , some fall of Prices , to the preiudice , both of the Cloathier , and owner of Woolles in the meane time , betweene the diuerting of the old course , and setling of the new : Wee doe therefore publish vnto all Our louing Subiects , by these presents , that they shall not need to feare any such consequence , either in such stand of Cloath , or abatement of Prices , as may be to their preiudice . And therefore , they may 〈◊〉 on in the courses of their former Trading , leauing it to Our care and prouidence to int●●●uce this great and happy alteration to the better , without any interruption of Trade , or pulling downe of Price in the meane time . Furthermore although we are setled in Our resolution to effect this worke , yet would Wee not haue it construed that Wee haue any other opinion of the Company of Merchants Aduenturers , which haue long managed the Trade of Cloathes vndressed , then as of those that haue wel deserued of Our state ; neither of any Our neighbours , who haue had correspondencie with them , and bought the Cloath from them to serue the Markets abroad , then as of men , that were affected vnto the good of their owne people , as it is naturall for men to be . Neither are Wee ignorant that the state of Cloathing is at this time as flourishing and valuable as hath beene knowen ; but onely Wee are willing to aduance the Dowrie and Stocke of Our Kingdome : And where Wee see apparent meanes of doing Our people further good , not to tie Our selues to the simple and positiue degree of their welfare , but to proceed from good to better , and to make posteritie beholding to Our times , for going through with that , whereof Our Auncestours haue onely sowen the seedes , and not hitherto reaped the fruits . Giuen at Our Palace of Westminster the fiue and twentieth day of May in the twelfth yeere of Our Reigne of Great Britaine , France , and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . Anno Dom. 1614. A22103 ---- By the King, a proclamation prohibiting the importation of allome into any His Maiesties dominions England and Wales. Sovereign (1603-1625 : James I) 1614 Approx. 9 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22103 STC 8507 ESTC S379 22340889 ocm 22340889 25410 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22103) Transcribed from: (Early English Books Online ; image set 25410) Images scanned from microfilm: (Early English books, 1475-1640 ; 1752:13) By the King, a proclamation prohibiting the importation of allome into any His Maiesties dominions England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. [3] leaves. By Robert Barker ..., Imprinted at London : 1614. Caption title. Imprint from colophon. "Giuen at Royston the tenth day of October, in the twelfth yeere of our raigne of England, France, and Ireland, and of Scotland the eight and fourtieth"--Colophon. Reproduction of original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Alum -- Early works to 1800. Proclamations -- Great Britain. Great Britain -- Commercial policy. Great Britain -- History -- James I, 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 John Latta Sampled and proofread 2003-05 John Latta Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion By the King. A Proclamation prohibiting the Importation of Allome into any his Maiesties Dominions . IAmes by the Grace of GOD , King of England , Scotland , France and Ireland , Defender of the Faith , &c. To all to whom these presents shall come , Greeting . Whereas Wee haue alwayes held it one of the most and necessary cares and considerations incident to the State and Office of Kings and Soueraigne Princes , so to dispose of their people and gouernment , as the knowledge and vse of good and profitable Arts and Inuentions may become common and frequent among their people , the same being one of the greatest meanes to encrease and preserue the wealth and strength of State and people , considering how contrary effects Labour and Idlenesse doe produce ; the one making Kingdomes great and flourishing , the other , alwayes bearing the markes of beggerie and contempt : Forasmuch as some of Our good and louing Subiects of Our Realme of England , haue of late to their great charge , and no lesse commendation , found out , and made proofe of sundry Mines in Our Countie of Yorke , and elsewhere within Our Realme of England , for the making of Allome , a Merchandize of great necessitie , and vse sundry wayes for all Our Dominions , and did so well and commendably proceed therein , as that they were able to make sufficient store of Allome , not onely to serue for the vse and expence of all Our said Kingdomes , but also to afford and spare great quantities thereof , to be euery yeere Transported for the vse and seruice of Our neighbour Kingdomes and Nations : And whereas the said persons by their skill and industrie , haue effected so good and great a worke , haue willingly and freely offered and yeelded vp the same Allome Mines into Our hands , vpon such conditions and considerations , as haue giuen them full contentment and satisfaction , all men being able to iudge , that a matter of that consequence , and wherein so many of Our people should be interessed , was more fit for Us to take into Our handes , then to leaue the same in the power of priuate men : For which causes and considerations , Wee haue caused the said whole Worke to bee taken into Our possession , and of late haue disbursed great summes of Money thereupon for the setting forward and aduanting the said Worke , for the good and be●●●●● of Our people and louing Subiects , and haue also prouided and taken sufficient order , that Our louing Subiects in all parts , shall not at any time want conuenient quantitie of the said Commoditie of Allome for their vse , and shall also be serued of it at reasonable prices : which care and good intention of Ours , hath of late bene greatly interrupted and opposed , by the bringing into Our said Kingdomes and Dominions , great quantities of forraigne Allome from diuers parts beyond the Seas , whereby this so excellent an Inuention and blessing of Almighty GOD , bestowed vpon Us and Our people , is likely to be vtterly defeated and ouerthrowne , if the same by Our care should not be prouided for , and carefully preuented . And albeit that by meanes of the Allome made and to be made within Our said Realmes , Wee shall receiue great hinderance in Our Customes , and other dueties , formerly payed vnto Us and Our predecessours , Kings and Queenes of this Realme , for and vpon that commoditie imported ; yet Wee , that in all Our actions and proceedings haue Our eye of Grace rather vpon the flourishing estate of Our Kingdomes , and the comfort of Our people , then vpon Our profite , haue resolued rather to quit and forsake such benefit vnto Our owne Coffers , then to interrupt or ouerthrow so excellent a Worke , of Our care and Princely pollicie , for the welfare of Our Subiects . These are therefore to require and command all and singuler person and persons whatsoeuer , aswell Our naturall borne Subiects , as Denizons or Strangers , That none of them , nor any other person or persons whatsoeuer , doe at any time or times hereafter , attempt or presume to bring , or cause to be brought into these Our Realmes of England , Scotland , or Ireland , or any other Our Dominions , or into any the Ports , Hauens , Creekes , or places of any of them , any Allome , in greater or lesser quantities , made or to be made in any forraigne part or place whatsoeuer , or of Allome made here within this Kingdome , after that the same hath bene exported , vpon paine of forfeiture of all and euery quantitie and quantities of Allome , so brought , or caused to be brought into Our said Dominions , contrary to this Our present commandement : All which said Allome brought and to be Imported and forfeited , Our will and pleasure is , that such person and persons as shall make seizure of the same Allome , shall foorthwith conuey the same Allome to the Warehouse of Robert Iohnson Merchant , one of Our Agents for that businesse , lying in Our Citie of London , where hee so bringing and deliuering the same , shall haue and receiue of Our said Agent , vpon the deliuery thereof , the full summe of Twelue pounds for euery Tunne of Allome , and so ratably Twelue shillings for euery Hundreth weight of such , and so much as hee and they shall bring thither ; to the end that the same Allome , shall be with all conuenient speed Exported out of this Kingdome into some forreigne parts beyond the Seas , so as no forraigne Allome be sold , spent or vsed , within these Our said Realmes or Dominions , or any part thereof ; And also vpon paine of Our high indignation and displeasure , and of such further paines , penalties and punishments , as for the contempt of Our commandement Royall in this behalfe , may any way be inflicted vpon them , or any of them so offending , contrary to the true intent and meaning herein signified . And We doe further straightly charge and command all and singuler persons , that shall seize any such forreigne Allome as aforesaid , shall foorthwith conuey and bring the same , and the whole quantitie thereof ( without selling , vttering , compounding or deliuering backe any part , ) vnto the house of the said Robert Iohnson , as is before declared , vpon paine of Imprisonment , and such other punishment as shal be fit to be inflicted for the breach of this Our Royall Commandement . And Wee doe also further require and command , all and singuler the Officers of Our Customes within all and euery the Ports and Hauens of the same Our Dominions , and the Creekes and members of the same Ports , that they and euery of them , doe from and after the date hereof , at all times forbeare to take any entry or entries , or to take and make any Composition for any Custome , Subsidie , or other duetie , for or vpon any Allome , brought or to bee brought into any Our Dominions , from any forreigne parts : And also that they and euery of them ( whom it doeth and shall concerne ) doe stay and seize as forfeited and confiscated , to the vse and vses aforesaid , all and singuler such Allome , as from and after the date hereof , shal be by any person or persons whatsoeuer , brought into any Port , Hauen or Creeke of the same Our Dominions , vpon paine of forfeiture of their Offices , and of vndergoing Our high indignation and displeasure , with such further paines and punishments , as for the same their contempts or defaults , may any way be inflicted vpon them , and euery of them in this behalfe offending . And for the better execution of this Our present will and Commandement , Wee doe straightly charge and command all Iustices of the Peace , Maiors , Bayliffes , Sheriffes , Constables , Headboroughes , Tything-men , and all other Our Officers , Ministers and louing Subiects , to whom it shall and may appertaine , That they and euery of them , at all time and times hereafter , and from time to time , be ayding and assisting to Our said Customers , Collectors , Searchers , Waiters , and to all such other person and persons , as Wee shall lawfully authorize for the searching , seizing , taking , and carying away of all and euery such Allomes , Imported , or hereafter to be Imported , contrary to this Our Royall Prohibition and Commandement . And neuerthelesse Wee doe hereby signifie and declare , That whereas Wee did publish a former Proclamation of this nature , bearing date the Nineteenth day of Iune , in the seuenth yeere of Our Raigne , that Our intention is , that the same ( as to all offences past , ) doe stand in full force , any thing in this present Proclamation to the contrary notwithstanding . Giuen at Royston the tenth day of October , in the twelfth yeere of our Raigne of England , France , and Ireland , and of Scotland the eight and fourtieth . God saue the King. Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . Anno Dom. 1614. A22119 ---- Iames by the grace of God king of England, Scotland, France and Ireland, defender of the faith &c. ... whereas Iohn Pinnell, Robert Trow, Robert Baxter, Edward Frier [and 18 others] ... makers of playing cards within our realme of England ... England and Wales. Sovereign (1603-1625 : James I) 1615 Approx. 23 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A22119 STC 8525 ESTC S3818 33151033 ocm 33151033 28877 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22119) Transcribed from: (Early English Books Online ; image set 28877) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:75) Iames by the grace of God king of England, Scotland, France and Ireland, defender of the faith &c. ... whereas Iohn Pinnell, Robert Trow, Robert Baxter, Edward Frier [and 18 others] ... makers of playing cards within our realme of England ... England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. Suffolk, Thomas Howard, Earl of, 1561-1626. Copie of the Lord Treasourers letter. 4 leaves. By Robert Barker, [London : 1615] Title and other title information from first 6 lines of text. Imprint suggested by STC (2nd ed.). "Witnesse Our selfe at Westminster the one and twentieth day of Iuly, in the thirteenth yeere of Our Raigne of England, France and Ireland, and of Scotland the eight and fortieth." Includes additonal page with "The copie of the Lord Treasourers Letter", signed and dated, "From Northampton house the 29. of October 1615. Tho. Suffolke". Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Cognisby, Richard, -- Sir. Playing card industry -- Great Britain -- Early works to 1800. Playing cards -- Law and legislation -- Great Britain -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2003-12 TCP Assigned for keying and markup 2004-01 SPi Global Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion HONI ✚ SOIT ✚ QVI ✚ MAL ✚ Y ✚ PENSE ✚ royal blazon or coat of arms IAmes by the grace of God King of England , Scotland , France and Ireland , Defender of the Faith , &c. To all to whom these presents shall come , Greeting . Whereas , Iohn Pinnell , Robert Trow , Robert Baxter , Edward Frier , George Batch , Salomon Law , Thomas Bee , Edward Pigget Richard Windar , Peter Edwards , Edward Heather , Iohn Harlow , Iohn Achley , Iohn Iames , Edward Strensham , Thomas Ghostlee , Thomas Radnor , Richard Lucke , William Pedel , William Eley , Iasper Coard , Iohn Hostler , and others , makers of playing Cards within Our Realme of England , haue by their humble petition lately shewed , and complained , That these being naturall borne Subiects of Our Realme of England , trained and brought vp in the Art trade and skill of making of playing Cards within this Kingdome , and whereon their onely maintenance and meanes to liue dependeth , haue bene , and still are much decayed and impouerished in their said trade by the Importation , conueying and bringing of playing Cards into Our said Realme of England , from sundry the parts beyond the Seas ▪ whereby not onely many of Our poore subiects of that , & other trades , do want those meanes whereby they were formerly set on worke , but other Our louing subiects also by the said Cards deceitfully made in the said parts beyond the Seas , and Imported and sold in this Our Realme , are greatly deceiued to their no small hurt and damage : For reformation whereof the said makers of playing Cards , for themselues and others , haue humbly petitioned Vs , to nominate and appoint some fit and discreet person , for to view , search , scale and allow , aswel of all such playing Cards , as shall be hereafter made within Our Realme of England and Dominions thereof , as of all such playing Cards , as shall hereafter be conueyed , imported , or brought into Our said Realme and Dominions thereof , from any the parts beyond the Seas ; voluntarily offering , That if they the said Cardmakers or any of them , or any others by their meanes or procurement , shall at any time hereafter deceitfully make , or cause to be made any playing Cards , and the same shall sell or offer and put to sale , That then all such Cards should become wholy forfeited vnto Vs : whereby the said frauds and abuses now practized , might be taken away , and the said Cardmakers of this Our Realme much relieued . And whereas the said Makers of playing Cards before named , haue made choice of Sir Richard Cognisby Knight , one of Our Gentlemen Vshers in Ordinarie , for the viewing , searching , scaling and allowing of all such playing Cards as shal be hereafter made within , or be Imported into this Our Realme , or the Dominions thereof : and haue alreadie granted and assured vnto the said Sir Richard for the terme of one and Twentie yeeres , fiue Shillings vpon euery Grosse of playing Cards by them or any of them , to be hereafter made & vttered within this Our Realme or the Dominions thereof , in recompence of the paines , care and attendance of the said Sir Richard , or his Deputies , in and about the viewing , searching , sealing and allowing of the same playing Cards , to bee from time to time made and vttered within this Our Realme or the Dominions thereof . And the said Cardmakers of this Our Realme haue further humbly prayed , that for the better repressing of the Importation into this Our Realme of the said playing Cards deceitfully made in the parts beyond the Seas , We would be pleased to impose , lay , and cause to beleuied to Our owne vse the ●ike summe of fiue Shillings , for and vpon euery Grosse of the said playing Cards to be so imported , brought in , and conueyed ●nto this Our Realme or the Dominions thereof as aforesaid . And that the same playing Cards so to be Imported , might ●irst be viewed , searched sealed and allowed by the said Sir Richard Cognisby , or his Deputies , before the same should be vttered , ●old , or put to sale within Our said Realme , and the Dominions thereof . And whereas Wee much commiserating the de●ayed estates of Our said poore Subiects , referred the consideration of their Petition to Thomas Earle of Suffolke Our high Treasourer of England , Henry late Earle of Northampton deceased , and Edward Earle of Worcester Master of Our horse , then our Commissioners of and for Our Treasurie , who hauing duely considered of the contents of the said Petition , gaue like●ng and passage thereunto , So as the same might not preiudice the then Treatie with the French. And for their better satis●action in that behalfe , referred the same to the consideration of Sir Iulius Caesar knight , then Chancellour of Our Court of Ex●hequer , Sir Thomas Parry knight , Chancellour of Our Duchie of Lancaster , and Sir Daniel Dun knight one of Our Masters of Requests : who thereupon certified that there was nothing in the last Treatie with the French , which did or might impeach ●he said suite of the said Cardmakers , and that thereby good profit might arise to Vs without damage to Our Subiects of ●his Our Realme . And whereas Wee affecting the reliefe of Our said subiects the Cardmakers , and the better to represse ●nd restraine the excessiue Importation of Playing-cards into this Our said Realme , from the parts beyond the Seas , by Our Letters giuen vnder Our Priuie Seale at Our Mannour of Greenwich , the foure and twentieth day of Iune last before ●he date hereof , directed to Our right trustie and right welbeloued cousin and Councellour Thomas Earle of Suffolke , Lord ●igh Treasurer of England , Haue ordained , appointed and commanded at the humble suite of the said Cardmakers , and ●or other considerations Vs especially moouing , That there shal be leuied , receiued and taken , to the vse of Vs , Our Heires ●nd Successors by way of Imposition thereby newly set and imposed ( ouer and besides the Customes , Subsidies , dueties and ●ummes of Money then before due payable and answerable ) the summe of fiue Shillings of lawfull English Money , for and 〈◊〉 respect of euery Grosse of Playing-cards , which from and after the Twentieth day of Iuly then next comming , should ●appen to be brought from any the parts beyond the Seas into Our Realme of England , Dominion of Wales , or Port or Towne of Berwicke , by any person or persons , Englishmen , denizens or strangers , to the end to be vttered , sold or put to sale , as by the same Our Letters more at large it doth and may appeare . NOVV KNOVV YE , That we minding the reformation of the aforenamed frauds and abuses , and to the intent that the said Cardmakers Our naturall borne Subiects may againe be more freely set on worke , and imployed in the trade and course of life , wherein they haue bene trained vp , and exercised . And for the better effecting of all the premisses , according to the humble Petition of the same Our poore Subiects in that behalfe , We doe by these presents for Vs , Our Heires and Successors ordaine , constitute , make and appoint one Office , of and for the viewing , searching , sealing and allowing of all , and all maner of Playing-cards whatsoeuer , aswell of such as shall from time to time be made by the aforenamed Cardmakers , or any other person or persons whatsoeuer , within this Our Realme of England , and Dominions thereof ; as also of such Playing-cards as shall from time to time be made in any the parts beyond the Seas , and Imported , conueyed , or brought into this Our said Realme of England , Dominion of Wales , Port and towne of Berwicke , to be there vttered , sold or put to sale . And out of the good opinion and confidence We haue of the fidelitie , iudgement and industrie of the said Sir Richard Cognisby in this behalfe , and at the desire of Our said subiects the Cardmakers , We do create , make , constitute and appoint by these presents , for Vs , Our Heires and Successors , the said Sir Richard Cognisby to be the sole Officer of , and for the viewing , searching , sealing and allowing of all and all maner of Playing cards whatsoeuer , aswell of such as shall from time to time be made by the said Cardmakers , or any other person or persons whatsoeuer , within Our said Realme of England and Dominions thereof , as of such Playing cards as shall from time to time be made in any the parts beyond the Seas , and Imported conueyed or brought into this Our Realme of England , Dominion of Wales , Port or Towne of Berwicke , from and after the Twentieth day of Iuly next comming after the date hereof , to be vttered , sold or put to sale as aforesaid . And him the said Sir Richard Cognisby , Viewer , Searcher , Sealer and allower of all and all maner of Playing-cards , made and to be made within this Realme , and the Dominions thereof : or made and to bee made in any the parts beyond the Seas , and to be Imported within this Realme , after the time before limitted , Wee doe firmely make and ordeine by these presents , TO HAVE , HOLD , exercise and enioy the said Office of Viewing , Searching , Sealing and allowing of all and all maner Playing-cards as aforesaid , to the said Sir Richard Cognisby his Executors and Assignes , to be vsed , occupied and exercised by him or themselues , or by his or their sufficient Deputie or Deputies , from the date of these presents , for and during the terme , and vnto the full ende and expiration of one and Twentie yeeres , from thence next ensuing , and fully to be complete and ended : He the said Sir Richard Cognisby , his Executors or Assignes , hauing , taking and perceiuing for the exercise of the same Office , the summes , formerly to him and them granted by Our foresaid Subiects the Cardmakers , at whose instance We haue granted vnto him the said Office as aforesaid . AND FVRTHER , know ye , That We , for and in full satisfaction of the summe of one Thousand and eight hundred pounds of lawfull money of England by Vs owing , and due vnto the said Sir Richard Cognisby : which said summe hee the said Richard doeth by these presents fully and freely renounce and relinquish : And for and in the consideration of the Surrender of certaine Letters Patents of speciall License heretofore to him granted by the late Queene ELIZABETH Our deare Sister , of , and for the sole Transportation of Tinne into the parts beyond the Seas , during the life of the said Sir Richard Cognisby : And for the true and faithfull seruice which the said Sir Richard hath for the space of many yeeres performed to Our late deare Sister , and sithence to our selfe . And in consideration of the Rent hereby reserued , and yeerely payable to Vs , Our Heires and Successors : Of our especiall Grace , certaine knowledge and meere motion , We haue giuen and granted , And by these presents for Vs , Our Heires and Successors , doe giue and grant vnto the said Sir Richard Cognisby , his Executors , Administrators and Assignes the said Imposition , duetie or summe of fiue Shillings to be leuied , receiued and taken as aforesaid , for & in respect of euery Grosse of Playing-cards , which from and after the said Twentieth day of Iuly next comming after the date of these presents , shall happen to be brought from any the parts beyond the Seas into Our said Realme of England , Dominion of Wales , or Port or Towne of Berwicke , by any person or persons , Englishmen , Denizens or Strangers , to be vttered , sold , or put to sale within this Realme , and the Dominions thereof , as aforesaid . TO HAVE HOLD , aske , demaund , leuie , take , perceiue , receiue and enioy the said Imposition , duetie or summe of fiue Shillings , for , and vpon euery Grosse of Playing-cards so to be Imported , conueyed and brought into this Realme of England , Dominion of Wales , Port or Towne of Berwicke , or any of them as aforesaid , with all and singuler profits , commodities , aduantages , benefits and emoluments thereunto belonging , happening , renewing , incident or appertayning , in as large , ample and beneficiall maner and forme to all intents , constructions and purposes , as Wee , Our Heires or Successors may , might , should or ought to haue , take , receiue and enioy the same , if this Our present Grant had not bene had nor made , for and during the the terme of one and Twentie yeeres from the date of these presents , next and immediatly ensuing , and fully to be complete and ended . YEELDING and paying yeerely to Vs , Our Heires and Successors , during the said terme by these presents granted , for and in respect of the Imposition and duetie aforesaid , the yeerely Rent or summe of Two hundred pounds of lawfull money of England , into the Receipt of Our Exchequer at the Feasts of S. Michael the Archangel , and the Annunciation of the blessed Virgin Mary , by euen and equall portions . And if it shall happen the said yeerely Rent or summe of Two hundred pounds , or any part or parcell thereof to be behinde and vnpayd , in part or in all , by the space of Threescore dayes next after either of the said Feast dayes , wherein the same ought to be payd , That then , and from thencefoorth , this Our present Grant or demise of the said Imposition and duetie before mentioned , and euery clause or thing concerning or touching the same only , shal be vtterly voyd and of none effect . Any thing to the contrary thereof in these presents notwithstanding . AND Wee doe hereby expresse and signifie Our pleasure , and doe straightly charge and forbid all maner of person and persons whatsoeuer , That they nor any of them shall attempt or presume by any wayes or meanes whatsoeuer , directly or indirectly to buy , bargaine for , acquire or get into their hands , or to sell , vtter , or put to sale , either in Grosse , or by retaile any maner of Playing-cards whatsoeuer , within this Our Realme of England , Dominion of Wales , Port and Towne of Berwicke , or any of them to be made within Our said Realme and Dominions thereof , or otherwise from and after the said Twentieth day of Iune next comming , to bee imported into the same from any the parts beyond the Seas : Before the same Playing-cards be viewed , searched and allowed by the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Seruants , Agents or Assignes , and sealed with a Seale or Stampe to be for that purpose made , appointed and kept by the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Assignes or Agents , vnlesse the said Sir Richard , his Executors , Administrators , Deputies , Agents or Assignes , shall wilfully refuse or neglect to Seale the same , vpon paine of Our high displeasure , and the losse and forfeiture of the same , to be seized and taken by the said Sir Richard , his Executors , Administrators , deputies and Assignes , in the name of Vs , Our Heires and Successors : The one moitie whereof to be to the vse of Vs , Our Heires and Successors , And the other moitie to the said Sir Richard Cognisby , his Executors , Administrators and Assignes , without rendring therefore to Vs , Our Heires and Successors , any accompt , recompence or other thing for the same . And for the better execution of this Our present Grant , Wee will and grant to the said Sir Richard Cognisby , his Executors , Administrators and Assignes , That the said Sir Richard , his Executors , Administrators Deputies , Seruants and Assignes , shall haue conuenient place in the Custome house of London , and in all other Custome houses and places of Lading and Vnlading of wares elsewhere within Our Realme of England , or any the Dominions of the same , there at his or their pleasure to be present and attendant , and to haue , receiue , collect , and enioy the saide Imposition of fiue Shillings , for and vpon euery Grosse of Playing-cards to be Imported and brought into this Our said Realme of England , or the Dominions thereof , from and after the said Twentieth day of Iuly next comming . And that it shall and may be lawfull to and for the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Seruants or Assignes , being accompanied with a Constable , or any other Our Officers for the time being , in lawfull maner from time to time during the terme by these presents granted : and at all times meet and conuenient to enter aswell into any House , Shop , Celler , warehouse , roome or place : As also into any Ship , Vessell , Boate or Bottome , to view and search for all maner of Playing cards whatsoeuer , that shall from and after the date of these presents , be made or Imported into this Our said Realme , or the Dominions thereof : and there sold , vttered or put to sale in Grosse , or by Retaile by any person or persons whatsoeuer ; before the same Playing-cards shal be first viewed , searched , sealed and allowed by the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Agents or Assignes : and before the said Imposition of fiue Shillings for and vpon euery Grosse of the said Cards to be Imported , from and after the said Twentieth day of Iuly next comming , shall be payd or compounded for , to or with the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Agents or Assignes . And to take and seaze the same to the vse and intent aforesaid . AND FVRTHER , We doe straightly charge and command all and euery person and persons Merchants , Denizens or Strangers whatsoeuer , That they or any of them doe not attempt or presume to Vnship Discharge , Vnlade , or lay on land any of the said Playing-cards , to be Imported and brought into this Our said Realme of England , Dominion of Wales , Port or Towne of Berwicke , or any of them , from any the parts beyond the Seas , from and after the Twentieth day of Iuly next comming , before such time as the said Imposition of fiue Shillings , for and vpon euery Grosse of the said Playing-cards so to be Imported as aforesaid , be duely answered , payd or compounded for . And the same Viewed , Searched , Sealed and allowed by the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Seruants or Assignes , or some or one of them , vpon paine that euery person or persons , Merchants , Denizens or Strangers whatsoeuer that shall vnlade , or lay on land any of the said Playing-cards , during the terme hereby granted before the said Imposition be duely answered , payed or compounded for , to and with the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Agents or Assignes : shall forfeit and loose the same so Vnshipped , vnladen , or layd on land , contrary to the intent and meaning of these presents . The one Moitie of all which forfeitures to be to Vs , Our Heires and Successors : And the other Moitie thereof to be to the said Sir Richard Cognisby , his Executors , Administrators and Assignes , without any accompt thereof to Vs , Our Heires or Successors , to be rendred or payd for the same . AND We doe further charge and command all and euery Customers , Comptrollers , Surueyors , Searchers , Waiters , and other Our Officers and Ministers whatsoeuer , of all and euery the Ports , Hauens , Creekes , members and passages within this Our Realme of England , or any the Dominions of the same , That they or any of them shall not permit , tollerate or suffer , directly or indirectly , any Merchant English , Denizen or Stranger , or other persons whatsoeuer , to Discharge , Vnlade , or lay on Land any Playing-cards to be Imported , conueyed , or brought from any the parts beyond the Seas , into this Our said Realme of England , or any the Dominions of the same , before such time as the said Imposition of fiue Shillings for , and vpon euery Grosse of the same Cards be duely answered , paide or compounded for , to and with the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Agents or Assignes , or some of them . And that the same be first by the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Agents or Assignes , likewise Viewed , Searched and allowed , according to Our intent , will and meaning herein before declared , as aforesaid . And that if any such Playing-cards bee discharged , Vnladen or laide on Land , That after knowledge thereof , they shall foorthwith , and with all conuenient speed , giue notice thereof to the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Seruants or Assignes , to the end they may haue , and take the benefit of this Our grant , vpon paine of Our high displeasure , and of such forfeiture , paine and punishment , as by the Lawes of Our Realme , can or may be inflicted vpon them , and euery of them in that behalfe . AND FVRTHER , Wee will and command by these presents , all Maiors , Iustices of Peace , Shiriffes , Bayliffes , Constables , and other Our Officers and Ministers to whom , and in that behalfe it shall appertaine , That they and euery of them bee aiding and assisting to the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Assignes and Agents , in the due execution of these Our Letters Patents . And that they nor any of them doe any way hinder , molest , interrupt or let the said Sir Richard Cognisby , his Executors , Administrators , Deputies , Assignes or Agents , or any of them concerning the premisses , as they tender Our displeasure , and will auoyd Our indignation at their vttermost perils . And these Our Letters Patents or th'inrollment thereof , shall be their sufficient warrant and discharge in that behalfe . AND We are further pleased , and doe for Vs , Our Heires and Successours , of Our like especiall grace , certaine knowledge and meere motion , grant by these presents to the said Sir Richard Cognisby , his Executors , Administrators and Assignes , That these Our Letters Patents , shall be taken , construed and adiudged in all and euery of Our Courts of Iustice , or elsewhere , to bee most auaileable for the said Sir Richard Cognisby , his Executors , Administrators and Assignes , against Vs , Our Heires and Successors : Notwithstanding any incertainties or defects in the same , or any Statute , Prouision , Proclamation , or Restraint to the contrary . In witnesse whereof , We haue caused these Our Letters to be made Patents . Witnesse Our selfe at Westminster the one and Twentieth day of Iuly , in the Thirteenth yeere of Our Raigne of England , France and Ireland , and of Scotland the eight and fortieth . GOD SAVE THE KING . ¶ The copie of the Lord Treasourers Letter . AFter my heartie commendations : Whereas it hath pleased his Maiestie to direct a Priuie Seale to me , touching the Imposition of fiue Shillings vpon euery Grosse of Playing cards that shal be Imported into this Kingdome , or the Dominions thereof , by vertue of his Maiesties Letters Patents , granted to Sir Richard Cognisby knight , vnder the Great Seale of England . In regard whereof , These are to wil and require you , to take notice thereof , and not to suffer any Merchant to make any entry of Playing Cards , vntil the said Imposition , be payed , according to the said Letters Patents . Prouided that the Patentees giue caution for maintayning the Custome and Impost , according to a Medium thereof to bee made , as in such cases is vsed . And so hauing signified his Maiesties pleasure to you in that behalfe , I bid you heartily farewell . From Northampton house the 29. of October 1615. Your louing Friend , Tho. Suffolke . A22133 ---- By the King, a proclamation against steelets, pocket daggers, pocket dagges and pistols England and Wales. Sovereign (1603-1625 : James I) 1616 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22133 STC 8539.5 ESTC S380 22341913 ocm 22341913 25412 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22133) Transcribed from: (Early English Books Online ; image set 25412) Images scanned from microfilm: (Early English books, 1475-1640 ; 1752:14) By the King, a proclamation against steelets, pocket daggers, pocket dagges and pistols England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 broadside. By Robert Barker ..., Imprinted at London : 1616. "Giuen at White-hall, the 25. day of March, in the fourteenth yeere of our reigne of Great Britaine, France and Ireland, and of Scotland the nine and fourtieth"--Colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Crime prevention -- England. Weapons -- England. Armor -- England. Proclamations -- Great Britain. Great Britain -- Politics and government -- 1603-1625. Great Britain -- History -- James I, 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ❧ A Proclamation against Steelets , Pocket Daggers , Pocket Dagges and Pistols . THe loue and care Wee haue towards the preseruation of Our Subiects , and the keeping of Our Lande from being polluted with blood ; doth make Us striue with the euill humors and depraued customes of the times , to reforme and suppresse them by Our Princely policy and Iustice ; To which end and purpose , We haue by the seueritie of Our Edict , ( proceeding from Our owne pen , and by the exemplar censure and Decrees of Our Court of Starre-Chamber ) put downe , and in good part mastered that audacious custome of Duelles and Challenges , and haue likewise by a Statute made in Our time , taken away the benefit of Clergie in case of Stabbing , and the like odious Man-slaughters : Wherefore it being alwayes the more principall in Our intention to preuent , then to punish , being giuen to vnderstand of the vse of Steelets , pocket Daggers , and pocket Dags and Pistols , which are weapons vtterly vnseruiceable for defence , Militarie practise , or other lawfull vse , but odious , and noted Instruments of murther , and mischiefe ; We doe straightly will and command all persons whatsoeuer , that they doe not hencefoorth presume to weare or carie about them any such Steelet or pocket Dagger , pocket Dagge or Pistoll , vpon paine of Our Princely Indignation and displeasure , Imprisonment and Censure in the Starre-Chamber ; And We doe likewise straightly forbid vpon like paine all Cutlers , or other person , to make or sell any of the said Steelets , pocket Daggers , pocket Dagges or Pistols . Giuen at White-Hall , the 25. day of March , in the fourteenth yeere of Our Reigne of Great Britaine , France and Ireland , and of Scotland the nine and fourtieth . God saue the King Imprinted at London by ROBERT BARKER , Printer to the Kings most Excellent Maiestie . ANNO DOM. 1616. A22147 ---- To the ministers and church-wardens of [blank] a copie of His Maiesties letters directed to the most reverend father in God, the Lord Archbishop of Cant. of the tenoure that ensueth. England and Wales. Sovereign (1603-1625 : James I) 1618 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A22147 STC 8556 ESTC S3896 33151145 ocm 33151145 28956 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22147) Transcribed from: (Early English Books Online ; image set 28956) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:89) To the ministers and church-wardens of [blank] a copie of His Maiesties letters directed to the most reverend father in God, the Lord Archbishop of Cant. of the tenoure that ensueth. England and Wales. Sovereign (1603-1625 : James I) Abbot, George, 1562-1633. James I, King of England, 1566-1625. Overall, John, 1560-1619. 1 sheet ([1] p.). s.n., [London : Anno 1618] "Giuen vnder Our Signet at Our Court at New-Market, the 13. day of December, in the fifteenth yeere of Our Raigne of Great Britaine, and of Scotland the fiftieth." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of England -- Charitable contributions. East Greenwich (England) -- History -- 17th century. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2002-12 TCP Assigned for keying and markup 2003-01 SPi Global Keyed and coded from ProQuest page images 2003-02 Mona Logarbo Sampled and proofread 2003-02 Mona Logarbo Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion To the Ministers and Church-wardens of 〈…〉 A Copie of his Maiesties Letters directed to the most Reuerend Father in God , the Lord Archbishop of Cant. of the tenoure that ensueth . MOst Reuerend Father in God , Right trustie and right wel-beloued Counsellor , Wee greet you well . The Inhabitants of our Towne and Mannour of East-Greenwich in our Countie of Kent , haue made knowne vnto Vs by their humble Petition , that their Parish Church and steeple is growne into such ruine and decay , as the charge of repayring it will amount to the summe of one thousand pounds . And b●cause they are very poore and vtterly vnable to compasse so great a worke of themselues , though they haue alreadi● giuen testimonie of their willingnesse , in disbursing the sum of three hundreth pounds toward it : Forasmuch as the Worke is pious and the Towne a place of marke , in regard of our Mansion House and often residing there : We haue beene pleased to vouchsafe Our Princely furtherance to so religious and charitable a businesse , nothing doubting but that you likewise will giue it all possible assistance , both by your owne example and by encouraging the zeale and deuotion of Our louing Subiects thereunto , especially of those of the Clergie . Wherefore Wee doe by these our speciall Letters require and authorise you , to giue order to the Bishops of the seuerall Diocesses throughout the Prouince of Canterbury , that they forthwith cause the Ministers and other zealous persons of their Diocesses , both by their owne example in contributing , and by exhortation to others , to moue Our people within their seuerall charges , to contribute to so good a worke , in as liberall manner as they may ; and the mony collected to send to the Bishops of the Diocesses , to bee by them deliuered ouer to you , or to such as you shall appoint , to whom the Inhabitants or Church-wardens of that Towne of East-Greenwich may repayre for it . And these Our Letters shall bee your sufficient warrant and discharge in this behalfe . Giuen vnder Our Signet at Our Court at New-Market , the 13. day of December , in the fifteenth yeere of Our Raigne of Great Brittaine , and of Scotland the fiftieth . To the right Reuerend Father in God , my very good Lord and Brother , the Lord Bishop of Norwich . NOw because it is a worke of pietie to repayre and vphold the Houses of God , and it were a disgrace to the Truth of Religion , that what hath beene founded in the dayes of our Predecessors , should not be vpheld in the time wherein the Gospell of Christ doth so cleerly and brightly shine , I pray your Lordship to giue the best furtherance you may vnto this worke , not only by permitting , but also by exciting men within the Diocesse , to extend their deuotion in this behalfe . Whereof not doubting , I leaue you to the Almighty . From Lambith the 13. of Ianuary . 1617. Your Lordships louing Brother , G. CANT . LEt my Brethren of the Clergie , and the Churchwardens , vse their best expedition and readinesse for the publishing and speeding of his Maiesties Letters aforesaid , and to returne this Briefe , with the money collected , to the Officiall of your Archdeaconrie in whose Iurisdiction you dwell , or to his Register , that by the said Officiall or Registers the same may be returned to me , or to my Chancellor , to be sent vnto me speedily . This 20. of October , 1618. Io. Norwich . A22153 ---- By the King, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. England and Wales. Sovereign (1603-1625 : James I) 1617 Approx. 13 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22153 STC 8564 ESTC S1560 20213512 ocm 20213512 23826 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22153) Transcribed from: (Early English Books Online ; image set 23826) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:17) By the King, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 3, [1] p. By Bonham Norton and Iohn Bill, deputies and assignes of Robert Barker ..., Imprinted at London : M. DC. XVII [1617] Caption title. "Giuen at White-hall the two and twentieth day of March, in the fifteenth yeere of our reigne ..."--P. [4]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Precious metals -- Law and legislation -- Great Britain. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ¶ By the King. ❧ A Proclamation for reforming the abuses in making of Gold and Siluer Threed within this Realme , and for the inhibiting the Importation thereof , from the parts beyond the Seas . IAMES by the grace of God , King of England , Scotland , France , and Ireland , defender of the faith , &c. To all to whom these presents shall come , Greeting . Where Wee haue alwayes helde it one of the most necessary cares and considerations , incident to the State and office of Kings and Soueraigne Princes , so to dispose of their people and gouernement , as the knowledge and vse of good and profitable Arts and Inuentions , may become common and frequent among their people , the same being one of the greatest meanes to increase and preserue the wealth and strength of State and people ; considering that labour and industry well imployed , maketh kingdomes great and flourishing . And forasmuch as some of Our good and louing Subiects of Our Realme of England haue of late , to their great charge , brought into this Our Kingdome , and haue herein by their great industry erected and perfectly established the Arte and Mysterie of making Gold and Siluer threed , a Feate or Manifacture , formerly vsed or made in forraine parts beyond the Seas , and by Strangers and others from thence transported and brought , as a commoditie of great vse , into this Our Kingdome of England , wherein they haue so well and commendably proceeded , as that they are now able to make sufficient store of Gold and Siluer threed , to serue for the vse and expence of Our whole Kingdome . And whereas , a matter of so great consequence , and wherein so many of Our people should be interessed , both in the making and vse therof , may well be iudged more fit for Us to take into Our hands , then to leaue the same to the power and dispose of priuate men ; and aswell to preuent the abuses which may bee offered to Us and Our Subiects , by the counterfeiting of the said Gold and Siluer threed , as likewise for the preseruation of Bullion within this Our Kingdome , Wee haue caused this Our whole worke to be taken into Our possession , for the generall good and benefit of Our people and louing Subiects , and haue also prouided and taken sufficient order that Our louing Subiects in all parts , shall not at any time want conuenient quantitie of the said Gold and Siluer threed for their vse , but shal also be serued of it at reasonable prises : And that such as are skilfull in the working and spinning thereof , shall be imployed therein , if they faithfully and honestly performe the same , and at such rates and wages , as they whom Wee specially shall licence thereunto shall thinke meete and conuenient : which care and good intention of Us , hath of late beene greatly interrupted and opposed , not onely by the bringing into Our said Kingdomes and Dominious great quantities of Gold and Siluer threed , from diuers parts beyond the Seas , but also by the priuate working and making thereof in Corners , by diuers strangers and others , contrary to Our Patent of priuiledge heretofore granted ; the same being no knowne nor continued trade within these our Realmes ; howsoeuer diuers of the Goldsmiths of London haue lately presumed and attempted to make the same parcell of their Trade , by reason onely of some few experiments heretofore by them and others made , and by fittes onely , and for very small quantities of Gold and Siluer threed , whereby this so excellent an Inuention thus brought into this Our Kingdome , is likely to be vtterly ouerthrowen , and Our Subiects much wronged by counterfeit and base Gold and Siluer threed , made and sold by the vnderhand workers , if the same by Our care should not be prouided for , and speedily preuented : And albeit that by meanes of the Gold and Siluer threed , made and to be made within Our said Realmes , Wee should receiue great hinderance in Our Customes and other dueties , formerly paide vnto Us and Our Predecessors , Kings and Queenes of this Realme of England , for and vpon that commodity imported , for which neuerthelesse Wee haue taken order as farre as is conuenient : Yet Wee that in all Our Actions and proceedings haue Our eye of grace rather vpon the flourishing estate of Our Kingdomes , and the comfort of Our people , then vpon Our profit , haue resolued to prefer the estate & good of Our Kingdom , before the precise cōsideration of Our own benefit , rather then to interrupt or ouerthrow so excellent a worke , and effect of our care and princely pollicie for the welfafe of Our subiects . These are therefore to require and command all and singular person and persons whatsoeuer , as well Our naturall borne subiects as Denizens , or strangers , that none of them , nor any other person or persons whatsoeuer , ( other then such as Wee shall giue speciall licence thereunto ; and such as they shall set on worke ) doe at any time or times hereafter attempt or presume to make any Gold or Siluer threed , or Copper Gold and Siluer threed within Our said Realmes and Dominions , vpon paine of forfeiture of all and euery quantitie and quantities , parcell or parcels of such Gold and Siluer threed , and Copper Gold and Siluer threed , so made in Our said Realmes and Dominions contrary to this Our present commandement , and also vpon paine of Our high indignation and displeasure , and such further paines , penalties , and punishments , as for the contempt of Our commandement Royall in this behalfe , may any way bee inflicted vpon them or any of them so offending , contrary to the true intent and meaning herein signified . And whereas by a Statute made in the fourth yeere of the late King Henry the seuenth , it was ordained and enacted , that no Finer of Gold and Siluer , nor parter of the same by fire or water , from thenceforth should alay no fine Siluer nor Gold , nor none sell in any otherwise , nor to any person or persons , but only to officers of Mints , changes , & Goldsmithes within this Realme , for the augmentation and amendment of Coine and Plate ; nor sell to no person any maner of Siluer , molten and alaied , vpon pain of forfeiture of the same , or the value of the Gold or Siluer so alayed or sould . And that no Goldsmith within this Realme should melt or alay any fine Siluer , to , or for any workes of other intent , but onely for making of amels , or for amending of Plate , nor that they should sell no fine Siluer , nor other Siluer alayed , molten into masse to any person or persons whatsoeuer they bee , nor one Goldsmith to another , vpon paine of forfeiture of the same Siluer , or value thereof . Wee therefore for the better execution of Our said will and pleasure , and preseruation of Our Bullion within this Our Kingdome , do further straitly charge & command , that no Goldsmith or Goldsmithes , Finer or Finers , Parter or Parters of Gold and Siluer within Our said Dominions , shall for their vse or benefit , vses or benefittes , fine , part , or cause to bee fined or parted any Gold or Siluer , or prouide or cause to bee prouided any Gold or Siluer , and the same vtter and sell or otherwise dispose to any person or persons whatsoeuer , whereby to make or cause to be made the said Gold and Siluer threed , except to such person and persons , as We shall license to make the same to Our vse ; And that the said Goldsmith or Goldsmithes , Finer or Finers , Parter or Parters or any of them , or any for them or to their vse or vses , shall not prouide , vtter , sell , or deliuer any Gold or Siluer at all to any person or persons whatsoeuer , without taking speciall notice of the names and habitations of such person and persons , as shall buy , receaue , or haue any such Gold or Siluer of them , to the end it may appeare to Us , to what vse and vses the same Gold and Siluer shall bee imployed , vpon paine of forfeiture of all such Gold and Siluer , and of vndergoing Our high indignation and displeasure , with such further paines and punishments , as for the same their defaults , may any wayes bee inflicted vpon them and euery of them , in this behalfe offending . And We doe further straitly charge and Command all and singuler person and persons whatsoeuer , within Our said Realmes and Dominions , that they nor any of them do , or shal at any time or times hereafter make , erect , set vp , mend , or vse any Frame , Engine , Instrument , Mill or Toole whatsoeuer , for the Drawing , flatting , milling and spinning of Gold and Siluer threed , or of Copper Gold and Siluer threed , or for the Drawing or Flatting , of wyer to the ende to make the same , without the lycence of Us , or such as We in that behalfe shal specially appoint , vpon the paines & penalties before expressed : nor that any person or persons whatsoeuer shall prouid or sell , or cause to bee prouided , or sould any Silke to be throwen or made fitting for the making or spinning of Gold or Siluer Threed , or of Copper Gold and Siluer Threed , except to such person and persons as We shal license to make the same to Our vse , vpon the like pains and penalties before mentioned . And that no person or persons whatsoeuer after the twentieth day of April next comming , shall attempt or presume to bring in , or cause to be brought into Our said Realmes , and Dominions thereof , or to any of the Ports , Hauens , Creeks , or places of any of them , any Gold or Siluer Threed , or any Copper Gold and Siluer Threed , made or to be made in any Forreine place or places whatsoeuer , vpon paine of Forfeiture of all such Gold and Siluer Threed , and of all such Copper Gold and Siluer Threed , so brought in , or caused to bee brought into any of our sayd Dominions , contrary to Our said commandement . All which said Gold and Siluer Threed , and Copper Gold and Siluer Threed , brought in and forfeited as aforesayd , Our will and pleasure is that such person or persons as shall make seizure of the same , shall forthwith bring and conuey the same to the Storehouse , within Our Custome-house , in Our City of London . And after such person and persons shall haue made such Seizure , of such forfeited Gold and Siluer Threed , and Copper Gold and Siluer Threed , and brought the same to our Custome-house as aforesaid , then Our will and pleasure is that hee or they after due appraisement thereof , by the sworne praisers for such purposes , shall receiue the moitie of the value of such Gold and Siluer Threed , and Copper Gold and Siluer Threed , so seized and brought in , as aforesayd , vpon paine of imprisonment , and such other punishment as shall be fitt to be inflicted for the breach of this Our Royall Commandement . And Our further wil and pleasure is that no person or persons whatsoeuer , after the twentieth day of Aprill next comming , shall buy , receiue , vtter or sell any Gold or Siluer Threed , or Copper Gold or Siluer Threed , made in the parts beyond the Seas , or made or to be made within any of Our sayd Dominions , but onely such Gold and Siluer Threed , and Copper Gold and Siluer Threed , as shal be first Sealed with Our Seale , already appointed for that vse , by such person or persons as shal be by Us in that behalfe , especially nominated or appointed . And Wee doe hereby further charge and command all Customers and Collectors of Our Customes , Comptrolers , Farmers and their Deputies , that after the twentieth day of Aprill next , they take no entrie , nor receiue any Custome or Subsidy of any Gold and Siluer Threed , or for Copper Gold or Siluer Threed , to bee imported from the parts beyond the Seas into this Our Realme of England , or the Dominions thereof : And for the better Execution of this Our present Will and Commandement , Wee doe straitly charge and command all Iustices of peace , Maiors , Bayliffes , Sheriffes , Constables , Headborowes , Tithingmen , and all other Our Officers , Ministers and louing Subiects , to whom it shall or may appertaine , from time to time , to bee aiding and assisting to all such person and persons as Wee shall lawfully , from time to time authorize , for the searching , seazing , taking , or carrying away of all such Gold or Siluer Threed , and Copper Gold and Siluer Threed , imported , wrought , or made , within this Our Realme and Dominions , contrary to Our pleasure herein expressed . Giuen at White-hall the two and twentieth day of March , in the fifteenth yeere of Our Reigne of England , France , and Ireland , and of Scotland the one and fiftieth . s ❧ God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Deputies and Assignes of Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO M. DC . XVII . A22157 ---- By the King, a proclamation declaring His Maiesties pleasure concerning Sir VValter Ravvleigh, and those who aduentured vvith him England and Wales. Sovereign (1603-1625 : James I) 1618 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A22157 STC 8569 ESTC S800 22456580 ocm 22456580 25554 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22157) Transcribed from: (Early English Books Online ; image set 25554) Images scanned from microfilm: (Early English books, 1475-1640 ; 1775:30) By the King, a proclamation declaring His Maiesties pleasure concerning Sir VValter Ravvleigh, and those who aduentured vvith him England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 broadside. By Bonham Norton, and Iohn Bill, deputie printers for the Kings Most Excellent Maiestie, Imprinted at London : M.DC.XVIII. [1618] "Giuen at our mannor of Greenwich, the ninth day of Iune, in the sixteenth yeere of our raigne of England, France and Ireland, and of Scotland the one and fiftieth." Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Raleigh, Walter, -- Sir, 1552?-1618. Great Britain -- History -- James I, 1603-1625. Great Britain -- Foreign relations -- Guyana -- 1603-1625. Guyana -- Foreign relations -- Great Britain. 2000-00 TCP Assigned for keying and markup 2001-00 SPi Global Keyed and coded from ProQuest page images 2001-06 TCP Staff (Michigan) Sampled and proofread 2001-00 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion By the King. A Proclamation declaring His Maiesties pleasure concerning Sir Walter Rawleigh , and those who aduentured with him . WHereas We gaue Licence to Sir Walter Rawleigh , Knight , and others of Our Subiects with him , to vndertake a Uoyage to the Countrey of Guyana , where they pretended great hopes and probabilities to make discouery of certaine Gold Mines , for the lawfull enriching of themselues , and these Our Kingdoms : Wherein We did by expresse limitation and Caution restraine , and forbid them and euery of them , from attempting any Acte of hostility , wrong , or violence whatsoeuer , vpon any of the Territories , States , or Subiects of any forraine Princes , with whom Wee are in amitie : And more peculiarly of those of Our deare Brother the King of Spaine , in respect of his Dominions and Interests in that Continent . All which notwithstanding , We are since informed by a common fame , that they , or some of them haue , by an hostile inuasion of the Towne of S. Thome ( being vnder the obedience of Our said deare Brother the King of Spaine ) and by killing of diuers of the inhabitants therof , his Subiects , and after by sacking and burning of the said towne , ( as much as in them for their owne parts lay ) malitiously broken and infringed the Peace and Amitie , which hath beene so happily established , and so long inuiolably continued betweene Us and the Subiects of both our Crownes . Wee haue therefore held it fit , as appertaining neerely to Our Royall Iustice and Honor , eftsoones to make a publique declaration of Our owne vtter mislike and detestation of the said insolences , and excesses , if any such haue beene by any of Our Subiects committed : And for the better detection and clearing of the very trueth of the said common fame , Wee doe heereby straitly charge and require all Our Subiects whatsoeuer , that haue any particular vnderstanding and notice therof , vpon their duety and alleagiance which they owe Us , immediately after publication of this Our pleasure , to repaire vnto some of Our Priuy Counsell , and to discouer and make knowne vnto them their whole knowledge and vnderstanding concerning the same , vnder paine of Our High displeasure and indignation ; that Wee may thereupon proceede in Our Princely Iustice to the exemplary punishment and coertion of all such , as shal be conuicted and found guilty of so scandalous and enormous outrages . Giuen at Our Mannor of Greenwich , the ninth day of Iune , in the sixteenth yeere of Our Raigne of England , France and Ireland , and of Scotland the one and Fiftieth . God saue the King. ¶ Imprinted at London by Bonham Norton , and Iohn Bill , deputie Printers for the Kings most Excellent Maiestie . ANNO M.DC.XVIII . A22174 ---- By the King, a proclamation concerning ale-houses England and Wales. Sovereign (1603-1625 : James I) 1618 Approx. 12 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22174 STC 8588 ESTC S1563 20213609 ocm 20213609 23829 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22174) Transcribed from: (Early English Books Online ; image set 23829) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:18) By the King, a proclamation concerning ale-houses England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. [3] p. By Bonham Norton and Iohn Bill ..., Imprinted at London : M. DC. XVIII [1618] Caption title. "Giuen at Newmarket the nineteenth day of Ianuary in the sixteenth yeere of our raigne ..." Imprint from colophon. Includes "Articles of direction, touching ale-houses." Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Hotels -- Law and legislation -- England. Bars (Drinking establishments) -- Law and legislation -- England. Taverns (Inns) -- Law and legislation -- England. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ¶ A Proclamation concerning Ale-houses . WHereas for the suppressing of the great disorders daylie vsed in Ale-houses and Uictual-houses , many good and wholesome Lawes and Orders haue beene deuised , which haue not taken such effect as Wee desired , because the same haue not beene so duely executed as they ought to be . Wee haue therefore appointed certaine Patentees to take knowledge thereof , and to compell the Ale-house-keepers Licensed , to keepe good Orders , by pressing them vpon the penalties of their Recognizances , taken to Our vse ; In the proceeding wherein Wee are also informed that the Recognizances taken for that purpose , in most Counties of Our Realme ( being the onely Tye Wee haue vpon that Lawlesse kinde of people ) are either altogether defectiue , or not duelie certified , so that these vnruly persons still remaine at libertie : And that there are diuers of them that take authoritie to themselues to keepe Ale-houses , as though they were Licensed , and yet are not : Both which sorts wee are desirous to drawe into better Order , and to that purpose Wee haue caused certaine Articles of direction ( bearing the Date hereof ) to bee published , which hereby Wee streitly Will and Commaund to bee executed by such as the same shall any wayes concerne , and as they will giue an accompt vnto Us when Wee shall require it . And because Wee would not haue Our Subiects that dwell in parts remote from Our City of London to bee ouertrauelled hereabout , and all to bee drawne hither to Our sayd Citie : Wee haue giuen Order to the Pattentees , taking the allowance of Our Chiefe Iustice of the Kings Bench , to appoint Committees from time to time , such as shal bee knowne to bee of experience and integrity to prosecute in those more remote Counties , such forfeitures as shall growe due vnto Us by the sayd Recognizances . Giuen at Newmarket the nineteenth day of Ianuary in the sixteenth yeere of Our Raigne of Great Brittaine , France and Ireland : Anno Dom. 1618. ¶ By the King. ¶ Articles of direction , touching Ale-houses . FIrst , That the Iustices of Peace of euery County , Citie , or Towne Corporate within this Kingdome , and the Dominion of Wales , Doe once euery yeere in the Moneths of April and May , assemble themselues , either at a speciall Sessions , or such other meeting as they shall appoint for that purpose ( respecting the ease and conueniencie of the people of the Countrey ) and there call before them or any two of them ( whereof one to be of the Quorum ) all such persons as doe sell Ale or Beere by retayle in any place ( aswell within Libertie as without ) within such County , Citie , or Towne Corporate ▪ and then and there taking true Certificate , and Information from men of Trust ; who be persons of honest Conuersation , and who not . And to giue Licence to such persons , as they in their discretions shall thinke meet , to keepe Common Ale-houses , or Uictualling-houses , within the places where such persons dwell . THat in the Licensing of the sayd Uictualers , and Ale-house-keepers the forme of the Recognizance , hereafter following , and the Condition thereunto annexed be vsed and none other . Memorandum , Quod Anno Regni Dom. nostri IACOBI , Dei gratia Regis Angliae , Franciae , & Hiberniae fidei defensor . &c. & Scotiae Coram Iusticiarijs dicti Dom. Regis ad pacem in Comitat. praedict . conseruand . &c. manuceperunt pro Victular . viz. vterque manucaptor . praedict . sub poena quinque librar . & praedict . assumpsit pro seipso sub poena x. li. Quas Concesserunt , &c. Sub Conditione sequent . THe Condition of this Recognizance is such , that whereas the aboue bounden is admitted and allowed by the said Iustices to keepe a Common Ale-house , and Victualling-house , vntill the first of April next ensuing the date hereof , and no longer , in the house wherein hee now dwelleth , at in the sayd County of and not elsewhere in the sayd County . If therefore the sayd shall not , during the time aforesayd , permit or suffer , or haue any playing at Dice , Cardes , Tables , Quoits , Loggets , Bowles , or any other vnlawfull Game or Games in his House , Yard , Garden , or Backside ; Nor shall suffer to bee or remaine in his house any person or persons ( not being his ordinary houshold seruant ) vpon any Sabbath day , or Holy day , during the time of Diuine Seruice or Sermon : Nor shall suffer any person to lodge or stay in his house aboue one day and one night , but such whose true Name and Surname he shall deliuer to some one of the Constables , or in his absence to some of the Officers of the same Parish the next day following , vnlesse they be such person or persons as hee or shee very well knoweth , and will answere for his or their forth-comming ▪ nor suffer any person to remaine in his or her house , Tipling or drinking , contrary to the Law ; nor yet to be there Tipling or drinking after nine of the clocke in the night time , nor buy or take to pawne any stollen goods ; nor willingly harbour in his sayd House , or in his Barnes , Stables or other-where , any Rogues , Vagabonds , Sturdy beggers , Masterlesse men , or other notorious offendors whatsoeuer : Nor suffer any person or persons to sell or vtter any Beere or Ale , or other victuall by Deputation , or by colour of his or her License . And also if he shall keepe the true assise and measure in his Pots , Bread , and otherwise , in his vttering of his Ale , Beere and Bread ; and the same Beere and Ale to sell by scaled measure , and according to the assise , and not otherwise . And shall not vtter or sell any strong Beere or strong Ale aboue the peny the quart , and small Beere or small Ale aboue a halfe-peny the quart , and so after the same rates . And also shall not vtter nor willingly suffer to be vttered , drunke , taken , and tipled any Tobacco within his said House , Shop , Cellar , or other place thereunto belonging , that then , &c. That euery Alehouse-keeper and Uictualler so to be Licensed , doe enter into Recognizance with two able sureties to be bound in fiue pounds a peece , & the principall ten pound at the least for the performance of the Condition of the said Recognizance , which shall endure but for one whole yeare , and then to determine , vnlesse it shall seeme fit to the Iustices of Peace to renew ●he same againe by taking a new Recognizance of the same Condition : And whatsoeuer Date the Recognizance shall haue , it is to indure but vntill the said Monthes of Aprill and May , or one of them . That the Clerkes of the Peace , Towne Clerkes , or their Deputies respectiuely bee called to attend the Iustices of Peace at such their meetings or assemblies , and that they doe there take the Recognizances aforesaid of euery Uictualler or Alehouse-keeper Licensed , and doe duely enter them amongst the Records of the Sessions of the Peace in their charge , whereby his Maiestie may bee duely answered of the forfeitures that shal be made of the parties so bound . That the Clerkes of the Peace and Towne-clerkes aforesaid , or their Deputies shall within some conuenient time after the taking of the said Recognizances , faire engrosse the Recognizance and Condition in Parchment , which they shall keepe as the Originall , and send a true Copie of the said Recognizance examined with the said Originall , to euery Alehouse-keeper allowed , whereby he may the better enforme himselfe what he and his sureties are bound to obserue . That the Clerkes of the Peace , and Towne-clerkes or their deputies doe write out and bring with them to euery Sessions of the Peace , or other meeting of the Iustices , a Register Booke conteyning the true names , surnames and places where euery Alehouse-keeper or Uictualler that is Licensed doth dwell , to the end it may appeare to the Iustices of the Peace who be Licensed , and by whom , and who be not , and what other alterations haue beene from time to time for the placing of men of honest and good conuersation , and displacing others of ill behauiour . That the Clerkes of the Peace and Towne clerkes , and their Deputies may take of euery Alehouse-keeper for their fee , for performing of the seruices aforesaid at the time of the acknowledgement of the said Recognizances , the fee of eighteene pence and no more , ouer and aboue the fee of twelue pence allowed for the Iustices clerkes by the Statute , which shal be paide to the said Iustices clerkes . That in case the Alehouse-keeper not knowing of the Iustices meeting , or being hindred by sicknesse or other such like impediment shall faile of admittance at the generall or publike assemblies , and shall notwithstanding bee admitted or Licensed by two Iustices of the Peace ( whereof one to be of the Quorum ) The Recognizance with condition faire engrossed in Parchment in the forme prescribed as aforesaid shall forthwith or at the next Sessions at the furthest be returned to the clerkes of the Peace , or the Towne-clerkes respectiuely vnder the hands of the Iustices , before whom such Recognizance was taken , together also with the said Fee of eighteene pence for the entring , registring , making and deliuering of a copie vnder his hand to the Alehouse-keeper as aforesaid . That none be Licensed or allowed to keepe an Alehouse that hath not one conuenient lodging at least in his or their houses , for the lodging of any passenger or traueller , and to haue alwaies in her or their houses good and wholesome small Beere or Ale of two quarts for a peny , for the reliefe of the Laborer , Trauailer or others that call for the same . That the Iustices of Peace within their seuerall Precincts , doe not permit or suffer any vnlicensed Alehouse-keeper , or Uictualer , to sell Beere or Ale , but that they proceed against them , by all due and lawfull meanes whatsoeuer : And that they be very carefull , from time to time , to cause the Brewers to be proceeded against , in their generall and Quarter Sessions , for deliuering Beere , or Ale , to such vnlicenced persons , according to the Statute in that case prouided . That the Clerkes of the Peace , and Towne-Clerkes respectiuely doe once euery yeere , in Trinitie Terme , make and bring in a Briefe , of all such Recognizances , as shall be taken within euery County , Citie , and Towne corporate , into the Office of the Patentees ( appointed by them for that purpose ) to the end all concealements of Recognizances , taken in that behalfe , may be discouered ; and the benefit accruing vnto his Maiestie , by such as wilfully breake the same , may bee more duely prosecuted : Of which , that his Highnesse be not defrauded , Order is giuen to the Patentees that with the allowance of the chiefe Iustice of the Kings Bench , there be appointed Committees in euery Countie , for the recouerie thereof , from time to time . That the Iustices of Assise in their Circuits , and Iustices of Peace , at their generall Sessions of the Peace , doe from time to time , enquire of the due execution of these presents , and of all other abuses , disorders , and misdemeanors whatsoeuer , committed , or suffered , against the prouisions aforesaid , and the true meaning of them . Giuen at Newmarket the ninteenth day of Ianuary , in the sixteenth yeere of Our Reigne of Great Brittaine , France and Ireland . 1618. God saue the King. ❧ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . ANNO. M.DC.XVIII . A22205 ---- An abstract of some branches of His Maiesties late charter, granted to the tobacco-pipe makers of VVestminster, declaring His Maiesties pleasure touching that manufacture, and also all persons whom it may concern England and Wales. Sovereign (1603-1625 : James I) 1619 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22205 STC 8611 ESTC S3420 33149728 ocm 33149728 28479 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22205) Transcribed from: (Early English Books Online ; image set 28479) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:111) An abstract of some branches of His Maiesties late charter, granted to the tobacco-pipe makers of VVestminster, declaring His Maiesties pleasure touching that manufacture, and also all persons whom it may concern England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). J. Beale, [London : 1619] Imprint information suggested by STC (2nd ed.). "Witnesse Our selfe at Westminster the sixth day of October, in the seuenteenth yeere of Our Raigne of England, France, and Ireland, and of Scotland, the three and fiftieth." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco pipe industry -- Law and legislation -- Great Britain -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2003-11 Mona Logarbo Sampled and proofread 2003-11 Mona Logarbo Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion HONI SOIT·QVI·MAL·Y·PENSE IR royal blazon or coat of arms An abstract of some branches of his Maiesties late Charter , granted to the Tobacco-Pipe makers of VVestminster ; declaring his Maiesties pleasure touching . that Manufacture , and also all persons whom it may concerne . IAMES by the grace of God , King of England , Scotland , France and Jreland , &c. Whereas Wee haue been informed by the complaint of diuers of Our poore Subiects , the ancient Makers of Tobacco-Pipes within this Our Realme ▪ That for want of power and priuiledge to retaine their Apprentises and Seruants during their Apprentiship ( who commonly depart from them before they haue serued their tearmes , or attained to the knowledge of their Art ) they are much preiudiced both in their Trades and meanes of liuing , by their excessiue making and vttering of ill Ware , And Our Subiects who haue vse of that Manufacture , are thereby greatly abused and deceiued : And not only so , but to their Masters farther impouerishment , these loose and idle persons doe instruct and teach others of as bad qualitie as themselues , to make and sell like ill & deceitful Ware. Besides , for that the said Art of making Tobacco Pipes is easily learned , sundry of our Subiects trained vp in other Trades more vsefull for the Realme , doe forsake the same and take vp this of making Tobacco-Pipes : And others who haue other good Trades to liue vpon , intrude themselues into this also , and vse both , to the hinderance and ouerthrow of those who anciently practised the same . And whereas for the better reforming of all those disorders , to cut off the superfluous straglers and late intruders , to reduce them to a competent number , and to settle good gouernment amongst them ( this Trade being a new Trade , neuer yet ordered by any Law or Policie , and which concerneth not any Commoditie of necessitie for our Common-weale , but a superfluous pleasure , necessarie to be regulated by Our Royall power & authoritie ) We haue therefore thought fit by Letters Patents vnder Our Great Seale , to Incorporate a certaine number of choice and selected persons , who haue either serued as Apprentises , or haue otherwise practised that Art by the space of seuen yeers , to whom and whose Seruants , Apprentices , and such others as shall be by them admitted into that Societie for their skill and honest conuersation , Wee intend to appropriat the said Art , and to restraine all others from taking that benefit which in no right belongeth vnto them . And to the end that all our louing Subiects may take knowledge of Our pleasure expressed in our Charter , that it may be duly obserued without pretext of ignorance , Wee doe heereby declare Our expresse will and pleasure to be , and doe straightly charge and command , That no person or persons whatsoeuer , other then such as are members of the said Societie of Tobacco-pipe makers of Westminster , or which haue by the space of seuen yeares at the least beene bound to ( or exercised ) that Art , or such others as shall be chosen into the Societie by the said Societie , shall not presume ( from the date of these presents ) directly nor indirectly to make any manner of Tobacco-pipes within this Our Realme of England or Dominion of Wa●es , nor shall bring in or import any manner of Tobacco-pipes from beyond the Seas , or from Our Realme of Scotland ; Nor shall vtter , sell , or put to sale any Tobacco-pipes so made or brought into this Our Realme of England and Dominion of Wales , contrary to Our pleasure heerein declared Upon paine not only of forfeiture of all such Manufacture , but of incurring such penalties , imprisonments and punishments , as by the Lawes and Statutes of this Our Realme , or by Our prerogatiue Royall may be inflicted vpon the offenders in this kind for their contempt or neglect of Our Royall Will and Commandement . And further , for the better discouering and suppressing of all secret and vnder-hand making or vttering of the said Manufacture by such as are not members of this Societie or otherwise enabled as aforesaid , Wee doe require , charge , and straightly command all Our louing Subiects ( especially such Retaylers as shall buy Tobacco-pipes to sell againe ) that they , nor any of them directly , nor indirectly , shall buy , acquire , get or obtaine any Tobacco-pipes whatsoeuer of or from the hands of any person or persons , not being knowne members of the said Societie , And to that end it is prouided , that all Tobacco-pipes made by the said Company , shall be brought to the Common Hall of the said Societie there to be proued whether the same be good and marchantable ware , before they shall be vttered or put to sale ; ( where they may be bought of all Our louing Subiects ) Upon paine of vndergoing of Our displeasure , and such paines and penalties as shall or may ensue thereupon for such contempt against Our will and Our prerogatiue Royall . And for the full effectuating of Our pleasure heerein , These are to command and straightly charge , That all the said Tobacco-pipe Makers aforesaid , shall forthwith take knowledge of our Charter by these presents , and by resorting to the said Societie in London , where they shall receiue such Orders and Ordinances as shall be constituted and made by the Master , Wardens , and Assistances of the said Societie for the benefit of the said Societie . And lastly , We will and do heereby require all Maiors , Sherifes , Iustices of Peace , Bailifes , Constables , and all other Officers and Ministers whatsoeuer , That they and euery of them in their seuerall Offices and Places be from time to time ayding and assisting to the said Master , Wardens , and Societie in the due execution and accomplishment of this Our Royall Will and Commandement , as they tender Our pleasure , and will auoid the contrary ▪ Witnesse Our selfe at Westminster the sixth day of October , in the seuenteenth yeere of Our Raigne of England , France , and Ireland ▪ and of Scotland , the three and Fiftieth . A22210 ---- By the King a proclamation concerning the viewing and distinguishing of tobacco in England and Ireland, the dominion of Wales, and towne of Barwicke. England and Wales. Sovereign (1603-1625 : James I) 1619 Approx. 9 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22210 STC 8617 ESTC S124160 33150222 ocm 33150222 28538 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22210) Transcribed from: (Early English Books Online ; image set 28538) Images scanned from microfilm: (Early English books, 1475-1640 ; 1875:115) By the King a proclamation concerning the viewing and distinguishing of tobacco in England and Ireland, the dominion of Wales, and towne of Barwicke. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 2 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : Anno MDC.XIX [1619] Requiring compliance to 31-year patent to F. Nichols for inspection of tobacco. Caption title. Imprint from colophon. Last complete line of sheet 2 ends "the". "Giuen at Theobalds the tenth day of Nouember, in the seuenteenth yeere of Our Reigne of Great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco industry -- Law and legislation -- Great Britain -- Early works to 1800. Tobacco industry -- Licenses -- Great Britain -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2004-01 Judith Siefring Sampled and proofread 2004-01 Judith Siefring Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion ❧ By the King. ❧ A Proclamation concerning the viewing and distinguishing of Tobacco in England and Ireland , the Dominion of VVales , and Towne of Barwicke . WHereas diuers good and necessarie prouisions haue beene heretofore made , aswell by Act of Parliament , as otherwise , for the well garbling of Spices and Drugges , to the intent the Subiects of this Our Realme should not bee occasioned to vse any vnwholsome Spices or Drugges , to the impayring of their health ▪ or to buy the bad instead of the good , to the impairing of their substance . And for as much as the Drugge called Tobacco , being of late yeeres growne frequent in this Our Realme & other Our Dominions , is daily sold vngarbled , whereby more inconuenience groweth and ariseth to Our louing Subiects , then by any other Drugge whatsoeuer . And for that also by the manie and sundrie abuses practised and committed by Merchants , Masters of Ships and others , in concealing and vttering the said Tobacco without paying any Impost or Custome for the same , great losse and dammage accrueth to Us , notwithstanding any Lawes , Statutes or other course heretofore taken for preuenting thereof : For remedie of all which Inconueniences , Wee , by our Letters Patents vnder our great Seale of England , bearing Date , at Westmynster the fiue and twentieth day of May now last past , did prohibite and forbid , That no person or persons should at any time after the day of the Date of our said Letters patents within Our Realme of England , the Dominion of Wales , and Port and Towne of Barwicke , or any of them ; or within Our Realme of Ireland , or any part of them or any of them , by himselfe or themselues , or his or their seruants or factours , or any others , directly or indirectly sell or put to sale ; or attempt , presume or goe about any manner of way to sell or put to sale , either in grosse or by retaile , any Tobacco , of what sort , kind or growth soeuer , before the Custome and Impost thereof due , were paid ; and the same Tobacco were viewed , distinguished and sealed by the Officer or Officers of Us , Our Heires and Successours , in that behalfe to be constituted and appointed ; For whose labour , trauell , charges and expences in that behalfe to be sustained and taken in the execution of the said Office : Wee did by the said Letters Patents , constitute and appoint , That they should and might from time to time , demand , take and receiue to their owne vse , of euery person and persons whose Tobacco they should so garble , viewe and seale , the summe of foure pence of currant English money , for euery pound weight thereof so viewed and sealed . And Wee did also by Our said Letters Patents ( for the considerations therein mentioned ) giue and grant the said Office , with the powers , fees and authorities before mentioned to Our welbeloued Subiects , Francis Nichols , Iasper Leake and Philip Eden , Gentlemen , to be executed by them or their Deputies or Assignes for thirtie and one yeeres next ensuing the Date of the said Letters Patents . And Wee did further by Our said Letters , for Us , Our Heires and Successours , giue and grant vnto the said Francis Nichols , Iasper Leake and Philip Eden , and their Assignes , and to all and euery person and persons , which by them or any of them , by writing vnder their or any of their hands and Seales , should bee in that behalfe deputed and assigned , full power and authoritie during the terme aforesaide , aswell to bee present and to haue place in all manner of Custome-houses , Ports , Hauens , Creeks and places of lading or vnlading of any manner of Goods , Wares or Merchandizes , into or out of the said Realmes and Dominions : As also to be present with all and euery the Customers , Collecters , Searchers , Surueyers , Waiters , and other Officers and Ministers hauing charge for or concerning the lading or vnlading of any Goods , Wares or Merchandizes , for their better executing of all and euery thing and things thereby appointed , and for their better receiuing and enioying of the benefit of Our said Grant at all times and places , where the said Officers and Ministers or any of them , should by reason of their said seuerall Offices haue cause or occasion to be : And also in all and euery place or places , aswell in Ships arriued with Tobacco , and riding in any Port , Roade or Riuer , as on the Land , to make and appoint such and so many Watchmen , Waiters and Officers , and to prouide and vse such reasonable waies , orders and meanes , as they the said Francis Nichols , Iasper Leake and Philip Eden , and their Assignes and Deputies should and might be iust and truely informed of all parcels and quantities of Tobacco , as should at any time or times during the said Grant , be brought into any Port or place , or be planted or growing in any place or places of the said Realmes and Dominions or any of them . And also that it should and might be lawfull , to and for the said Francis Nichols , Iasper Leake , and Philip Eden , and their Assignes , and their and euery of their Deputies and Substitutes , at all and euery time and times during the terme aforesaid , in lawfull and conuenient maner , with a Constable or other Officer of the place , aswell to goe on board , view , and suruay all Shippes , Uessels , or Bottmes , riding or lying within any of the Ports , Hauens , Creekes and places of lading or vnlading , within Our saide Realme of England , Dominion of Wales , Port or Towne of Barwicke , or Realme of Ireland , or any the members or places thereunto belonging , as to goe into any House ▪ Celler , Uault , Warehouse , Shop , or other place within the said Realmes and Dominion , and Port , or Towne of Barwicke , or any part of them , or any of them to search and view if there be any Tobacco vttered , sold , or put to sale , or offered to be sold , or put to sale before the same be viewed , distinguished , and sealed contrary to the true meaning of the said Letters patents . And We did also by the said Letters for Us , Our Heires and Successors , require , charge and Command all and singular Maiors , Shiriffes , Iustices of Peace , Bailiffes , Constables , Headboroughes , Customers , Comptrollers , Searchers , Surueyors , Waiters , and all other Officers , Ministers , and Subiects whatsoeuer , of Us , Our Heires and Successors , aswell of the said Realme of England , Dominion of Wales , and Port and Towne of Barwicke , as of the said Realme of Ireland , That they and euery of them , should from time to time during the continuance of that Our graunt , be aiding and assisting to the said Francis Nichols , Iasper Leake , and Philip Eden , and their Assignes , and to euery of them , their and euery of their Deputie and Deputies , Substitute and Substitutes , in the due Execution of all and euery the powers and authorities expressed in the said Letters Patents , vpon paine of the displeasure of Us , Our Heires and Successors , and as they would answere the contrary at their perils ▪ as by the said Letters Patents more at large appeareth . Wee now , to the intent Our will and pleasure in the premisses may be the better knowne to all Our louing Subiects whom it may concerne , Doe hereby notifie , publish and declare the same Our pleasure , willing and commanding that all and euery the premisses , be from time to time in euery respect duely performed , executed and obserued according to the true intent and meaning of the same Our Letters Patents . And that no person or persons doe attempt or presume to violate or infringe Our Command hereby ; or by Our said Letters Patents declared or expressed , vpon the paines and penalties therein contained . And We doe also hereby Charge and Command , aswell all and singular Merchants , and other person and persons whatsoeuer , which shall import any Tobacco of what sort soeuer , That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed in the name or names onely of the true proprietor or owner , proprietors or owners thereof , and not in the name or names of any other person or persons which is not the true owner thereof ; As also all Our Customers and other Officers whatsoeuer , That they take speciall care and regard to the due performance of the same , as they tender Our pleasure , and will auoide the contrary . Giuen at Theobalds the tenth day of Nouember , in the seuenteenth yeere of Our Reigne of Great Brittaine , France , and Ireland . God saue the King. ❧ Imprinted at London by Bonham Norton , and IOHN BILL , Printers to the Kings most Excellent Maiestie . ANNO MDC.XIX . A22216 ---- By the King, a proclamation to restraine the planting of tobacco in England and VVales England and Wales. Sovereign (1603-1625 : James I) 1619 Approx. 6 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22216 STC 8622 ESTC S1566 20213730 ocm 20213730 23832 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22216) Transcribed from: (Early English Books Online ; image set 23832) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:20, 2371:58) By the King, a proclamation to restraine the planting of tobacco in England and VVales England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([2] p.) By Robert Barker, and Iohn Bill ..., Imprinted at London : M.DC.XIX [1619] Caption title. "Giuen at our palace of Westminster the thirtieth day of December, in the seuenteenth yeere of our reign ..."--P. [2]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery (1709:20) and Queen's College (University of Oxford). Library (2371:58). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco -- Law and legislation -- Great Britain. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 SPi Global Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. ❧ A Proclamation to restraine the planting of Tobacco in England and Wales . IT is not vnknowen what dislike Wee haue euer had of the vse of Tobacco , as tending to a generall and new corruption , both of mens bodies and manners : Neuertheles it is of the two , more tolerable , that the same should bee imported amongst many other vanities and superfluities which come from beyond the Seas , then permitted to be planted here within this Realme , thereby to abuse and misimploy the soyle of this fruitfull Kingdome : For which purpose by Our direction , Letters of late haue bene addressed from our Councell of State , prohibiting the plantation thereof within a certaine distance of Our City of London : But entring into further consideration of the manifold inconueniences of suffering this nourishment of vice ( and nothing else ) as a noysome and running Weede , to multiply and ouerspread within this Our Kingdome , Wee are resolued vpon many and weightie reasons of State , to make the sayd Prohibition generall . For first , Wee are informed , That whereas the vse of forreine Tobacco was chiefly vented , and receiued in Cities and great Townes , where riot and excesse vseth to take place , it is now by the Inland plantation become promiscuous , and begun to be taken in euery meane Uillage , euen amongst the basest people . Secondly , We are giuen to vnderstand from diuers persons of skill and experience , That the English Tobacco , howsoeuer some doe presume or imagine by industrie and experience to rectifie it , and make it good ( wherein it is easie for opinion to doe mischiefe ) yet it is certeinly in it selfe more crude , poysonous and dangerous for the bodies and healths of Our Subiects then that that comes from hotter Climates ; So that the medicinall vse of Tobacco ( which is that that is only good in it , and to be approued ) is in this kind also corrupted and infected . Thirdly , Whereas Our Colonies and Plantations in Virginia and the Sommer Ilands , ( being proper and naturall Climates for that plant , and the true temper thereof ) receiue much comfort by the Importation therof into this Kingdome , ( which is to be respected at least in the Interim , vntill Our said Colonies may grow to yeeld better and more solide commodities ) Now the said Trading from thence is and will be by the Plantation within this Realme , choaked and ouerthrowen . Fourthly , Wee doe find also , that the reason that mooued Us to interdict the planting thereof neere the Citie of London , ( which was in regard of the conuersions of garden grounds , and rich soyled grounds from diuers Roots and Herbes , fit for victuall and sustenance , vnto this harmefull vanity ) extendeth likewise vnto all Cities , Townes and Uillages , and rather more , by how much the pouertie is greater there , then here aboue . And lastly , for that it doeth manifestly tend to the diminution of Our Customes , which is a thing , that although in case of good Manufactures , and necessary commodities Wee doe little esteeme , Yet where it shall be taken from Us , and no good but rather hurt thereby redound to Our people , Wee haue reason to preserue . Wee therefore intending in time to prouide a remedie for this spreading euill , which hath in a very few yeares dispersed it selfe into most parts of Our Kingdomes , doe heereby straightly charge and command all and euery person and persons of what degree or condition soeuer , That they or any of them , by themselues , their seruants , workemen or labourers , doe not from and after the second day of February next , presume to sow , set , or plant , or cause to be sowen , set or planted within this Our Realme of England , or Dominion of Wales , any sort or kinde of Tobacco whatsoeuer ; And that they or any of them , shall not , or doe not hereafter maintaine , or continue any old stockes , or plants of Tobacco , formerly sowen or planted , but shall foorthwith vtterly destroy and roote vp the same , conuerting and imploying the ground and soyle thereof to some other lawfull vses and purposes , as to them shall seeme best , vpon paine of contempt of Our Royall commaundement , to be proceeded with according to Our Lawes , and Prerogatiue Royall with all seueritie . And therefore , for the more due execution of the premisses , Wee doe further will , require and command all Mayors , Sheriffes , Iustices of Peace , Bayliffes , Constables , and other Officers and ministers , to whom it shall or may appertaine , That they and euery of them , shall from time to time diligently and carefully intend the due and exact obseruation of this Our Royall pleasure , And that they permit not , nor suffer any thing to be done , contrary to the true intent and meaning of this Our Proclamation , but withstand the same to their vttermost power , as they tender Our seruice : And further that they take order that such offendors , labourers , or workemen , as shal persist in the sowing or planting of Tobacco , in this Our Realme or Dominion of Wales , or in the maintaining or continuing any old stocks , or former plantations thereof hereafter , may be called before them , & be bound in Recognizances of good summes of Our vse , to appeare in Our Court of Starrechamber , there to be prosecuted by Our Attourney generall , as contemners of Our expresse Commandement , Proclamation , & Prerogatiue Royall , wherein ( especially in a cause of this nature ) Wee will expect , and require of all Our Subiects , their due conformitie and obedience . Giuen at Our Palace of Westminster the thirtieth day of December , in the seuenteenth yeere of Our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , and Iohn Bill , Printers to the Kings most Excellent Maiestie . ANNO DOM. M.DC.XIX . A22223 ---- By the King, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood England and Wales. Sovereign (1603-1625 : James I) 1619 Approx. 7 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22223 STC 8630 ESTC S1568 20213857 ocm 20213857 23834 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22223) Transcribed from: (Early English Books Online ; image set 23834) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:21) By the King, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([2] p.) By Robert Barker and Iohn Bill ..., Imprinted at London : M.DC.XIX [1619] Caption title. "Giuen at our palace of White-hall, the nine and twentieth day of February, in the seuenteenth yeere of our reigne ..."--P. [2]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Logwood. Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion IR DIEV ET MON DROIT . HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ¶ By the King. ❧ A Proclamation for preuention and restraint of the abuses and inconueniences , occasioned by dying with Logwood . WHereas many good Lawes and Statutes haue beene heretofore made and established , prohibiting the Importation of a certaine false and deceitfull dying stuffe or wood , called Logwood or Blockewood , which sayde Statutes did not produce that good effect that thereby was intended ( the seizing and taking of the sayde Wood being wholly neglected ) for that no satisfaction or recompence was by the Law offered or allowed to such as employ their paines and endeauour in the discouery and seizure thereof ; whereupon Wee for further preuention of the sayd deceipts , haue made seuerall Restraints by Our Letters Patents , Bookes of Rates , and otherwise , thereby to hinder the importation and abuse of the sayd wood ; By which meanes , albeit great quantities of the sayd wood haue beene seized and burnt , yet the said wood is still priuily imported and disposed of , within this Our Kingdome , to the hurt and preiudice of Our Subiects : Wee , hauing taken these things into Our consideration , and out of Our Princely care , desiring to pursue Our former purpose in preuenting whatsoeuer might be hurtfull to Our Subiects , and on the contrary to giue them reliefe in things vsefull and necessary ; And being informed that the importation and vse thereof for diuers sorts of course Stuffes , Linnen of all sorts , Caddoes , Ribband , Inckle , Tape , Cappes , Gloues , Hattes , Leather for poynts , Brushes , couers for Bookes , Saddles , Stooles and Chaires , and Threed of diuers sorts , with many other Haberdashery wares , that cannot conueniently be dyed or coloured without Logwood or Blockwood , by reason of the cheapnesse , and the glosse it giues to such meane commodities , farre better then any other Stuffe can doe , is most necessary and not preiudiciall to any of Our Subiects ; haue thought meete to Licence the importation of some competent quantitie of the said wood , to be employed and vsed onely about such needfull vses as aforesaid ; And withall to adde some further prouision for restraint of the immoderate importation of the said wood , tending to the abuse and deceipt of Our people : And therefore haue by Our Letters Patents vnder Our great Seale of England , giuen Licence to Our welbeloued Seruant and Subiect Sir Thomas Compton Knight , and his Assignes , as well to import into this Kingdome yeerely the quantitie of fiftie Tonnes of Logwood , and no more , as to take into his or their hands the moytie of all Logwood imported by others , and seized as forfeited , the other part thereof being first burnt ; Neuerthelesse vnder these cautions and prouisions following , viz. That there shall not be vttered or sold by him or his Assignes , aboue the aforesaid yeerely quantity of fifty Tonnes of Logwood or Blockwood , and to none other vse or vses , then the good and necessary vses before mentioned ; And that hee or they shall not directly or indirectly import any greater quantitie then fiftie Tonnes yeerely ; And that the same , with all such Logwood as shall be seized and come to his or their hands , shall be registred in the Custome-house in London , in Our Register there kept for forfeitures , with the name of the Master of the Shippe , and owner of the wood , to the ende that it may be knowen who shall presume to import the same , contrary to Our pleasure ; And that as well the wood by him the sayd Sir Thomas Compton , his Executors or Assignes , to be imported , as otherwise to come to his or their hands vpon seizure , which shall be solde or vented within this Realme , shall bee ground and solde in an appointed place in the Citie of London , and not elsewhere ; And that vpon such sale , the names and place of abode of all such as shall buy Logwood , shall be taken and registred , and for what vse they buy the same ; And that so much of the said Logwood as shall come vnto the hands of the said Sir Thomas Compton or his Assignes , by importation or otherwise , as shall exceede the quantitie of fiftie Tonnes in any one yeere , shall be by him or them shipped foorth of this Kingdome , within three moneths after the same shall come to his or their hands or possession : And likewise that the said Sir Thomas Compton or his Assignes , shall at all times , being thereunto required , giue notice to whom the same Logwood is solde , that enquirie may be made , whether the buyer thereof doe vse the same contrary to the orders prescribed . And the better to encourage such as will employ their endeauour in and about the discouerie and seizure of the said wood , to the end the abuse thereof in dying Cloth and woollen commodities may be taken away , and the good vse thereof onely maintained and cherished , It is likewise prouided in the said Letters Patents , that the saide Sir Thomas Compton , his Executors and Assignes , shall pay to all such as shall seize any Logwood , the summe of sixe pounds per Tonne , and so by the hundreth accordingly , So that he that makes the seizure , doe first deliuer the one halfe of such wood to the Mayor , Bayliffe , or Iustice of Peace where it shall be seized , to be burnt , and then bring the other halfe to the Patentee , or his Assignes , with Certificate from some of the said Officers that the one halfe is burnt , As by Our said Letters Patents more at large appeareth : Wee , to the ende all Our louing Subiects may take notice of Our gracious purpose and intention , whereby the same may take better effect for the generall good of this Our Kingdome , Doe by this Our Proclamation publish and giue notice to all men , whom the premisses shall in any wise concerne , That Our expresse will and pleasure is , that all and euery the Cautions , Prouisions , Restraints , and other the premisses aboue-mentioned , be carefully and diligently performed and obserued . And therefore Wee doe hereby charge and command all Mayors , Sheriffes , Bayliffes , Iustices of Peace , Customers , Comptrollers , Searchers , Surueyours , Waiters , Constables , Headboroughs , and all other Our Officers and Ministers , not onely to be carefull and diligent in the discouering and punishing of all and singuler offences and offenders in this behalfe , but also to be from time to time aiding and assisting vnto the said Sir Thomas Compton , his Executors , Administrators and Assignes , and to his and their Deputie and Deputies , and to all other persons which shall finde and seize any of the sayd Logwood or Blockwood , imported , vsed , or employed contrary to this Our will and command . Giuen at Our Palace of White-hall , the nine and twentieth day of February , in the seuenteenth yeere of Our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , and Iohn Bill , Printers to the Kings most Excellent Maiestie . ANNO DOM. M. D C. XIX . A22229 ---- By the King. A proclamation commanding conformity to his Maiesties pleasure, expressed in his late charter to the tobacco-pipe-makers Proclamations. 1620-05-27 England and Wales. Sovereign (1603-1625 : James I) 1620 Approx. 7 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22229 STC 8636 ESTC S100959 99836786 99836786 1073 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22229) Transcribed from: (Early English Books Online ; image set 1073) Images scanned from microfilm: (Early English books, 1475-1640 ; 1686:57) By the King. A proclamation commanding conformity to his Maiesties pleasure, expressed in his late charter to the tobacco-pipe-makers Proclamations. 1620-05-27 England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. [2] sheets By Robert Barker, and Iohn Bill, printers to the Kings most Excellent Maiestie, [Imprinted at London : Anno Dom. M.DC.XX. [1620]] Caption title. Dated at end: Theobalds the seuen and twentieth day of May, in the eighteenth yeere of our reigne .. Imprint from colophon. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco pipe industry -- Great Britain -- Law and legislation. 2003-10 TCP Assigned for keying and markup 2003-11 Apex CoVantage Keyed and coded from ProQuest page images 2003-12 Mona Logarbo Sampled and proofread 2003-12 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion IR DIEV ET MON DROIT . HONI ✚ SOIT ✚ QVI ✚ MAL ✚ Y ✚ PENSE ✚ royal blazon or coat of arms ¶ By the King. A Proclamation commanding Conformity to his Maiesties pleasure , expressed in his late Charter to the Tobacco-pipe-makers . WHereas diuers of the poorer sort of Our Subiects haue heretofore liued by the trade of making Tobacco pipes , but for want of power to retaine and keepe their Apprentices and seruants in due obedience , and to restraine others from intruding vpon their Arte , the auncient Makers haue not so well prospered as was desired : For preuention of which inconueniences , and for reducing the workemen in that trade to such a competent number , as they might bee gouerned after the example of other Societies , who florish by ranging themselues vnder good Orders ; We did by Our late Charter Incorporate a selected number of the most ancient , and such others as they for skill and honestie should admit into their Socitie : Thereby prohibiting all others who were not members thereof , to make any sort of Tobacco-pipes within Our Realme of England or Dominion of Wales ; And thereby also commanding , that no person or persons directly , or indirectly should buy Tobacco-pipes to sell againe , of , or from the hands of any others then the knowne Members of the said Societie . Yet neuertherlesse being lately informed by Certificate from sundry Our Iustices of Peace of Our Counties of Middlesex and Surrey ( who in due obedience of Our Royall pleasure , declared in Our said Charter , did in person assist the execution of the same ) That diuers lewde and obstinate offenders , had fortified themselues in their houses with weapons , And in contempt of Our Regall Authority resisted them , comming with the seuerall Warrants of the Lord Chiefe Iustice of Our Bench , and other the Iustices of Peace within Our Citie of London , and the said counties of Middlesex and Surrey ; And also that there were diuers il disposed persons ( who delighting to oppose al good orders ) contemptuously maintained these vnderhand offendors , some by harboring the vnlawfull Makers of Tobacco-pipes secretly in their houses , there to make them contrary to Our Charter , to the end to partake of the stolne profit thereof ; Others , by buying secretly this vnder-hand made ware , in contempt of Our Authority , and with an euill intent of ouerthrowing this Societie which we haue sought to establish . Now therefore , that by the presumptuous example of these disobedient persons , others may not be incouraged hereafter by impunity to presume to resist and contemne Our Royall Commandement in matters of greater moment , or to withstand the authority of Magistrates and gouernment , These are to charge and straitly command , that no persons whatsouer within this Our Realme of England and Dominion of Wales shall hereafter presume to make any manner of Tobacco-pipes , but such as are or shall bee members of the saide Societie : nor shall presume to harbour in their houses any Tobacco-pipe-makers to vse their trade there , who are not of the saide Societie ; nor that any person or persons ( especially who buy Tobacco-pipes to sell againe ) shall at any time , or in any place buy or obtaine by any meanes , directly or indirectly any Tobacco-pipes whatsoeuer , from any vnder-handmakers or others , but only from such as are knowne members of the said Societie , & that at their common Hall , or other knowne Ware-houses appointed , or hereafter to bee appointed , where they may bee bought by all Our louing Subiects , vpon paine of Our High displeasure , and such punishments as are due for such contempts , whereof We shall require a strict account by proceeding against the offendours in Our Court of Starre-Chamber . Further commanding , that if at any time heereafter any person shall bee so audacious as to fortifie themselues in their houses , or in the houses of any other , or to withstand Our will and pleasure heerein , or to resist Our authoritie giuen and imparted to Our Lord chiefe Iustice and others , in the search or apprehension of them , or any of them ; Then Wee doe heereby will and require , that sufficient power be had and taken by such who shal haue such Warrants , to apprehend such obstinate and contemptuous persons , and to carry them before Our said chiefe Iustice , or other Iustice of the Peace , that punishment may be inflicted on them in the seuerest manner Our Lawes will permit , by imprisoning their bodie , till they haue put in sufficient suretie for their good behauiour afterwards . Heereby further , straitly charging Our Atturney generall for the time being , that he cause all and euery such wilfull and disobedient persons , for such their high contempt in this behalfe , to be prosecuted in Our Court of Starre-Chamber ( where Our will is they shall bee sharpely punished ) according to the measure of such their audacious and bold resistance of Our Royall commandement . And to the intent that these fraudes and abuses may the better be found out and punished , Our pleasure is , that it shall and may bee lawfull for any two , or more of the said Societie , together with a lawfull officer to enter into any suspected place or places , at lawful & conuenient times , there to search for , and finde out any vnder-hand made , or sold Tobacco-pipes ; And all such so found to seize , take , and carry away , and them safelye to keepe to bee disposed of , according to the tenor of Our sayd Charter . And lastly , for the full execution of this Our Royall Commandement , Wee will and require the Lord Maior of Our Citie of London , for the time being , and all other Maiors , Shiriffes , Iustices of Peace , Bailiffes , Constables , and all other Officers and Ministers whatsoeuer ; That they and euery of them in their seuerall Offices and places , bee from time to time ayding and assisting to the Master , Wardens , and Societie of Tobacco-pipe makers in the due execution and accomplishment of this Our Royall will and Commandement , as they tender Our pleasure , and will answere the contrary at their perill . Giuen at Our Court at Theobalds the seuen and twentieth day of May , in the eighteenth yeere of Our Reigne of Great Britaine , France and Ireland . God saue the King. ❧ Imprinted at London by Robert Barker , and Iohn Bill , Printers to the Kings most Excellent Maiestie . ANNO DOM. M. DC . XX. A22230 ---- By the King. A proclamation for restraint of the disordered trading for tobacco Proclamations. 1620-06-29 England and Wales. Sovereign (1603-1625 : James I) 1620 Approx. 10 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22230 STC 8637 ESTC S100957 99836784 99836784 1071 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22230) Transcribed from: (Early English Books Online ; image set 1071) Images scanned from microfilm: (Early English books, 1475-1640 ; 1686:58) By the King. A proclamation for restraint of the disordered trading for tobacco Proclamations. 1620-06-29 England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. [2] sheets By Robert Barker, and Iohn Bill, printers to the Kings most Excellent Maiestie, [Imprinted at London : Anno Dom. M.DC.XX. [1620]] Caption title. Dated at end: Greenwich the nine and twentieth day of Iune, in the eighteenth yeere of our reigne .. Imprint from colophon. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco -- Commerce -- Great Britain -- Law and legislation. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2004-01 Judith Siefring Sampled and proofread 2004-01 Judith Siefring Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion ¶ By the King. ¶ A Proclamation for restraint of the disordered trading for Tobacco . WHereas Wee , out of the dislike Wee had of the vse of Tobacco , tending to a generall and new corruption both of mens bodies and maners , and yet neuerthelesse holding it of the two more tolerable , that the same should be imported amongst many other vanities and superfluities , which came from beyond the Seas , then permitted to be planted here within this Realme , thereby to abuse and misimploy the soile of this fruitfull Kingdome , did by Our Proclamation dated the thirtieth day of December now last past straitly charge and commaund all and euery person and persons , of what degree or condition soeuer , That they or any of them by themselues , their seruants , workemen or labourers , should not from and after the second day of February then next following , presume to sow , set or plant , or cause to be sowen , set or planted within this Our Realme of England and the Dominion of Wales , any sort or kinde of Tobacco whatsoeuer , and that they , or any of them , should not maintaine or continue any olde stockes or plants of Tobacco formerly sowen or planted , but should forthwith vtterly destroy and root vp the same . And whereas We haue taken into Our Royall consideration aswell the great waste and consumption of the wealth of Our Kingdomes , as the endangering & impairing the health of Our Subiects , by the inordinate libertie and abuse of Tobacco , being a weede of no necessary vse , and but of late yeeres brought into Our Dominions , and being credibly informed , that diuers Tobacconists , and other meane persons taking vpon them to trade and aduenture into the parts beyond the Seas for Tobacco , to the intent to forestall and engrosse the said commoditie , vpon vnmerchantlike conditions , doe transport much Gold bullion and Coyne out of Our Kingdomes , and doe barter and vent the Staple commodities of Our Realme at vnder-values , to the intent to buy Tobacco , to the discredit of Our natiue merchandizes , and extreame enhansing of the rates and prices of Tobacco , and the great disturbance and decay of the Trade of the orderly and good Merchant : We taking the premisses into Our Princely consideration , and being desirous to put a remedie to the said inconueniences , which Wee haue long endeauoured , though with lesse effect then Wee expected , haue resolued to make some further redresse , by restraining the disordered traffique in that Commoditie , and reducing it into the hands of able persons that may manage the same without inconuenience , whereby the generall abuse may be taken away , and the necessary vse ( if any be ) may be preserued . We doe therefore not only by these presents , straitly charge and commaund , That Our said Proclamation restraining the planting of Tobacco , be in euery respect obserued and performed according to the tenour thereof , vpon the penalties therein contained ; but also that no person or persons whatsoeuer , Englishmen , Denizens or Strangers , ( other then such as shall be authorized and appointed thereunto by Letters Patents vnder Our great Seale of England ) doe import or cause to be imported into this Our Realme of England or Dominion of Wales , or any part of them or either of them , any Tobacco , of what nature , kind , or sort soeuer , after the tenth day of Iuly next ensuing the date hereof , from any the parts beyond the Seas , vpon paine of forfeiture to Us of all such Tobacco so to be imported contrary to the true meaning of these Presents , and vpon such further paines and penalties as by the Lawes and Statutes of this Realme , or by the seueritie or censure of Our Court of Starrechamber may be inflicted vpon the offendors , for contempt of this Our Royall command . And likewise that no Master , Merchant , or Purser of any Ship or other Uessell , doe at any time or times after the said tenth day of Iuly , presume or attempt to take into their ships to be imported into this Realme and Dominion , or either of them , any sort , maner , or quantity of Tobacco whatsoeuer , but onely to the vse of such person and persons as shal be so as aforesaid authorized and appointed vnder Our great Seale of England to import the same , & which shal be by them , their deputies , seruants or factors deliuered to the said Masters , Merchants or Pursers of ships to be imported , vpon the paines and penalties aforesaid . And to the intent that no such offendor may colour or hide his offence and contempt , by shadowing the Tobacco to be brought in , contrary to Our pleasure before expressed , vnder pretence of former store , We doe hereby signifie and declare Our will and pleasure , and doe straitly charge and command , That all and euery person and persons which now haue , or hereafter shall haue within or neere the Cities of London or Westminster , in their hands , custody or possession , any Tobacco heretofore imported , or hereafter and before the said tenth day of Iuly now next ensuing to be imported into this Realme , amounting to the quantitie of ten pounds weight or aboue , shall before the said tenth day of Iuly now next comming , bring the same vnto the house commonly called , The Hawke and Feasant , situate in Cornehill in the said Citie of London , and shall cause the same to be there sealed and marked by such person and persons , and with such marke or Seale as by Us shal be for that purpose assigned and appointed , without giuing any Fee or allowance for the said Seale or marke . And to the intent that the Tobacco to be hereafter imported by Warrant or Authoritie vnder Our great Seale , may be knowen and distinguished from such as shall be secretly and without Warrant brought in by stealth , We doe likewise charge and command , that all such Tobacco as from and after the said tenth day of Iuly shall be imported by force of any such Warrant or Authoritie and none other , except the olde store aforesaid to be sealed as aforesaid , shall be sealed and marked with such Seale and marke as aforesaid . And we doe hereby prohibite all person and persons from and after the said tenth day of Iuly , to buy , vtter , sell or vent within the said Kingdome and Dominion , or either of them , any Roll or other grosse quantitie of Tobacco whatsoeuer , before the same be so as aforesaid marked or sealed , vpon paine of forfeiture vnto Us of all such Tobacco so bought , vttered , solde or vented contrary to the intent of these Presents , and vpon such further penalties as by Our Lawes , or by the censure of Our Court of Starrechamber may be inflicted vpon the offenders , as contemners of Our Royall command . And for the better execution of this Our Pleasure , Wee doe hereby command all and singular Customers , Comptrollers , Searchers , Waiters , and other officers attending in all and euery the Ports , Creekes , or places of lading or vnlading , for the taking , collecting , or receiuing of any Our Customes , Subsidies or other duties , to take notice of this Our pleasure ; and We do hereby command , and giue power and authority vnto them , and euery or any of them , from time to time , as well to search any Ship or other Uessell or Bottome , riding or lying within any Port , Hauen or Creeke within their seuerall Charge and place of attendance , for all Tobacco imported contrary to the intent of this Our Proclamation , and the same being found , to seize and take to Our vse , as also to take notice of the names , and apprehend the bringers in , and buyers of the same , to the end they may receiue condigne punishment for their offences , vpon paine that euery of the said Officers which shal be found negligent , remisse or corrupt therein , shall lose his place and entertainment , and vndergoe such paines and penalties as by Our Lawes , or the censure of Our said Court of Starrechamber may be inflicted vpon them for the same . And likewise We doe hereby will , ordaine and appoint , That it shal and may be lawfull to and for such person and persons , as shal be so as aforesaid authorized and appointed by Letters Patents vnder Our great Seale , to import Tobacco by himselfe or themselues , or his or their Deputie or Deputies , with a lawfull Officer to enter into any suspected places at lawfull and conuenient times , and there search , discouer and finde out any Tobacco imported , vttered , solde or vented , not marked or sealed as aforesaid , contrary to the true meaning hereof , and all such Tobacco so found , to seize , take away and dispose of , and the owners thereof , or in whose custody the same shal be found , to informe and complaine of , to the end they may receiue punishment according to Our pleasure before herein declared . And further We doe by these Presents will and require all and singular Mayors , Sheriffes , Iustices of Peace , Bayliffes , Constables , Headboroughes , Customers , Comptrollers , Searchers , Waiters , and all other Our Officers and Ministers whatsoeuer , That they and euery of them in their seuerall places and offices be diligent and attendant in the execution of this Our Proclamation , and also aiding and assisting vnto such person and persons , and his and their Deputies and Assignes as We shall so as aforesaid authorize and appoint to import Tobacco , aswell in any search for discouery of any acte or actes to be performed contrary to the intent of these Presents , as otherwise in the doing or executing of any matter or thing forthe accomplishment of this Our Royall Command . And lastly Our will and pleasure is , and Wee doe hereby charge and command Our Atturney generall for the time being , to informe against such persons in Our Court of Starrechamber from time to time , whose contempt and disobedience against this Our Royall command shall merit the censure of that Court. Giuen at Our Manour of Greenwich the nine and twentieth day of Iune , in the eighteenth yeere of Our Reigne of England , France and Ireland , and of Scotland the three and fiftieth . God saue the King. ❧ Imprinted at London by Robert Barker , and Iohn Bill , Printers to the Kings most Excellent Maiestie . ANNO DOM. M.DC.XX . A22251 ---- By the King, a proclamation for the banishing of Giles Mompesson England and Wales. Sovereign (1603-1625 : James I) 1621 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22251 STC 8663 ESTC S1569 20213893 ocm 20213893 23835 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22251) Transcribed from: (Early English Books Online ; image set 23835) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:22) By the King, a proclamation for the banishing of Giles Mompesson England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 broadside. By Bonham Norton, and Iohn Bill ..., Imprinted at London : M.DC.XXI [1621] "Giuen at our palace of Westminster the thirtieth of March, in the nineteenth yeere of our reigne ..." Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Mompesson, Giles, -- Sir, 1584-1651? Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion royal blazon or coat of arms ¶ By the King. ❧ A Proclamation for the Banishing of Giles Mompesson . WHereas Giles Mompesson , late Knight , for great and insufferable crimes by him committed , to the abuse of his Maiestie , and grieuous oppression of his Subiects , hath by the high Court of Parliament beene declared to bee Degraded of the Order of Knighthood , and sentenced and adiudged to susteine and beare other punishments , as by the Record of the foresaid Iudgement appeareth : The Kings most Excellent Maiestie approouing in all things the iust proceedings and sentence of the same his high Court of Parliament ; Which to preuent , the said Mompesson ( while the matters were in examination ) escaped from his Keeper , and fled , and is not now to be found . Neuerthelesse , His Maiestie ( desiring to assure all his louing Subiects , how hatefull and offensiue it is to His Maiestie , that His people should be so iniured , molested , vexed or oppressed , and willing by the seueritie of His Iustice to deterre all others from any like attempt or enterprise hereafter ) hath resolued ( ouer and besides all the punishments inflicted vpon the said Mompesson , by the Iudgement of Parliament ) to adde this further punishment , in detestation of his offences , vtterly to Banish and expell the said Giles Mompesson out of His Realmes of England , Scotland , and Ireland , and all other His Maiesties Dominions , as a person infamous and vnworthy to partake of any the comforts of His Maiesties happy Gouernment . And therefore His Maiestie doth hereby expresly charge and command , that the said Giles Mompesson , if now he be abiding within any of His Maiesties Dominions , doe forthwith , after the publication hereof , depart and withdraw himselfe out of the same : And that after such his departure , or if he be now in any parts out of His Maiesties Dominions , that he doe not at any time hereafter returne into the same or any of them , vpon paine to incurre , not onely the seuerest & vttermost execution of the said Sentence and Iudgement of Parliament , but the forfeiture of whatsoeuer he may forfeit to His Maiestie , and of all such further punishment as His Maiesty in His Kingly power and prerogatiue may inflict vpon him . Giuen at Our Palace of Westminster the thirtieth of March , in the nineteenth yeere of Our Reigne of Great Britaine , France , and Ireland . God saue the King. ❧ Imprinted at London by BONHAM NORTON , and IOHN BILL , Printers to the Kings most Excellent Maiestie . M.DC.XXI . A22266 ---- By the King, a proclamation declaring His Maiesties pleasure concerning the dissoluing of the present conuention of Parliament England and Wales. Sovereign (1603-1625 : James I) 1619 Approx. 17 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22266 STC 8676.5 ESTC S1570 20213920 ocm 20213920 23836 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22266) Transcribed from: (Early English Books Online ; image set 23836) Images scanned from microfilm: (Early English books, 1475-1640 ; 1709:23) By the King, a proclamation declaring His Maiesties pleasure concerning the dissoluing of the present conuention of Parliament England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 3, [1] p. By Bonham Norton and Iohn Bill ..., Imprinted at London : M.DC.XXI [1621] Caption title. "Giuen at our palace at Westminster, the sixth day of Ianuary, in the nineteenth yeere of our raigne ..."--P. [4]. Imprint from colophon. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 SPi Global Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ By the King. A Proclamation declaring his Maiesties pleasure concerning the dissoluing of the present Conuention of Parliament . ALbeit the Assembling , Continuing , and Dissoluing of Parliaments be a Prerogatiue so peculiarlie belonging to Our Imperiall Crowne , and the times and seasons thereof so absolutelie in Our owne power , that we need not giue account therof vnto any : yet , according to Our continuall custome , to make Our good Subiects acquainted with the reasons of all Our publike resolutions & actions ; We haue thought it expedient at this time to declare , not only Our pleasure and resolution therein , grounded vpon mature deliberation , with the aduice and vniforme consent of Our whole Priuie Councell ; but therewith also to note some especiall proceedings moouing Us to this resolution : And that chieflie to this end , that as God , so the World may witnesse with Us , that it was Our intent to haue made this the happiest Parliament , that euer was in Our time : And that the lettes , and impediments thereof being discerned , all misunderstandings and iealousies might bee remooued , and all Our people may know and beleeue , that We are as farre from imputing any of those ill accidents , that haue happened in Parliament , to any want or neglect of duty , or good affection towards Us , by them in generall , or by the greater and better number of Parliament men , as we are confident ( the true causes discouered ) they wil be far from imputing it to any default in Us ; there hauing in the beginning of this late Assemblie passed greater and more infallible tokens of loue and duty from Our Subiects to Us their Soueraigne , and more remarkeable testimonies from Us of Our Princely care and zeale of their welfare , then haue beene in any Parliament met in any former Age. This Parliament was by Us called , as for making good and profitable Lawes , so more especially , in this time of miserable distraction throughout Christendome , for the better setling of peace and Religion , and restoring Our Children to their ancient and lawfull patrimony , which We attempted to procure by peaceable treaty , at Our owne excessiue charge , thereby to saue and preuent the effusion of Christian blood , the miserable effect of warre , and dissension ; yet with full purpose , if that succeeded not , to recouer it by the sword ; and therefore , as a necessary meanes conducing to those ends , the supply of Our Treasures was to bee prouided for . This Parliament beginning in Ianuary last , proceeded some moneths with such harmonie betweene Us and Our people , as cannot bee paralleld by any former time : For as the House of Commons at the first , both in the manner of their supplie , and otherwise , shewed greater loue , and more respect then euer any House of Commons did to Us , or ( as Wee thinke ) to any King before Us : So We , vpon all their complaints , haue afforded them such memorable , and rare examples of Iustice , as many ages past cannot shew the like ; wherein , that Wee preferred the weale of Our people before all particular respects , the things themselues doe sufficiently prooue , Our Iustice being extended , not onely to persons of ordinary ranke and qualitie , but euen to the prime Officer of Our Kingdome . And although , after their first Recesse at Easter , Wee found that they misspent a great deale of time , rather vpon the inlarging of the limmites of their liberties , and diuers other curious , and vnprofitable things , then vpon the framing and proponing of good & profitable Lawes : Yet We gaue them time and scope for their Parliamentary proceedings , and prolonged the Session to an vnusuall length , continuing it vntill the eight and twentieth day of May , before Wee signified Our purpose for their Recesse ; and then Wee declared , that We would make a Recession the fourth day of Iune next following , but onely for a time , and in such maner , as might bee without disturbance to any their businesses in hand , expressing out of Our Grace ( though Wee needed not ) the causes of that Our purpose , which were the season of the yeere , vsually hot , and vnfit for great assemblies , Our Progresse approaching , the necessitie Wee had to make vse of Our Councell , attending in both houses , both to settle Our waightie affaires of State before Wee went , and to attend Us when Wee went Our Progresse , the disfurnishing of Our ordinary Courts of Iustice so many Termes together , the long absence of Iustices of Peace , and Deputy Lieuetenants , whose presence was needfull for making and returning of musters , and for subordinate gouernement of the Countrey ; and therefore Wee appointed to adiourne the Parliament on the fourth day of Iune , giuing that warning longer then vsuall , that they might set in order their businesses , and prepare their greeuances , which Wee promised both to heare and answere before that Recesse , for presenting whereof We appointed them a time . This message graciously intended by Us , was not so well entertained by some , who in a short time dispersed and spred their iealousies vnto others , and thereby occasioned discontentment in the House , for being adiourned without passing of billes ; Yet made not their addresse to Us , as had beene meet , but desired a conference with the Lords ; and at that conference , the nine and twentieth day of May , vnder colour of desiring to petition Us for some further time , to perfect and passe some speciall Bils , were imboldened , not onely to dispute , but to refell all the reasons that We had giuen for the adiournement , which being made knowen vnto Us , Wee againe signified Our pleasure to both Houses , that on the fourth day of Iune the Parliament should rise , but Wee would then giue Our Royall assent to such billes , as were or should bee ready and fit to bee then passed , continuing all other businesses in state they were , by a speciall Act to be framed for that purpose . The Lords with all duetie and respect , submitted to Our resolution , passed the Act , & sent it with speciall recommendation to the house of Commons ; but they neither read it , nor proceeded with businesses , but forgetting that the time was Ours & not theirs , continued their discontent , as they pretended , for being so soone dismissed , we ( though it were strange to obserue such auersnes for Our resoluing vpon such waighty reasons , that wherin We needed not to be measured by any other rule , but Our owne Princely will ) yet were contented to descend from our owne Right , to alter Our resolution , and to continue the Session for a fortnight more , wherein they might perfite such publique Billes , as were esteemed of most importance : for which purpose , We Our selfe came in person vnto the Higher house of Parliament , and made offer thereof vnto them , which being , in effect , as much as the Commons had formerly desired , was no sooner offered , but yeelding thankes to Us , the said Commons resolued the same day directly , contrary to their former desire , to refuse it , and to accept Our first Resolution of an adiournement ; but attending Us at Greenwich , presented no grieuances : this inconstancie , as We passed by with a gentle admonition ; so for the matter of grieuances , aswell of England , as Ireland , We promised to take them into Our owne care , though not presented to Us , and really performed the same so far forth , as time , and the aduice of Our Councell of each Kingdome could enable Us , as is witnessed by Our seuerall Proclamations , published in both Realmes , as likewise in granting at the same time those three suites which were proponed vnto Us by the Arch-Bishop of Canterbury , at the request , and in the name of both the Houses : But in conclusion the house of Commons making it their choise , Wee made a Recesse by adiournement of the Parliament , the fourth day of Iune , though indeed Wee must doe them this right , that at the said Recesse , taking into their serious consideration the present estate of Our children abroad , and the generall afflicted estate of the true Professors of Religion in forraine parts , they did with one vnanimous consent , in the name of themselues , and the whole body of the Kingdome , make a most dutifull and solemne protestation , that if Our pious Endeauours , by treatie to procure their peace and safetie , should not take that good effect which was desired , ( in the treatie whereof , they humbly besought Us , not to suffer any long delay ) then , vpon signification of Our pleasure in Parliament , they would be ready , to the vttermost of their powers , both with liues and fortunes to assist Us , so as that by the diuine helpe of Almightie God , We might be able to doe that by Our sword , which by peaceable courses should not be effected . But during the time of this long Recesse , hauing to Our great charges mediated with the Emperour , by the meanes of Our Embassadour , the Lord Digbie , and hauing found those hopes to fayle , which we had to preuaile by treaty , We in confidence of the Assistance of Our people , thus freely promised and protested in Parliament , did instantly shorten the time of the Recesse , which We had before appointed to continue vntill the eighth day of February , and did reassemble Our Parliament , the twentieth day of Nouember last , and made knowen vnto them the true state and necessity of Our Childrens affayres , declaring Our resolution vnto them , of taking vpon vs the defence of Our Childrens patrimony , by way of Armes , since We could not compasse it by an amicable treaty ; and therefore expected the fruit of that their declaration , whereby We were inuited vnto this course : wherein , howbeit We are well satisfied of the good inclination of the most part of Our House of Commons , testified by their ready assent to the speedy payment of a Subsidie , newly to be granted ; yet vpon this occasion some particular members of that House tooke such inordinate liberty , not only to treat of Our high Prerogatiues , and of sundry things , that without Our speciall direction were no fit subiects to be treated of in Parliament ; but also to speake with lesse respect of forraigne Princes , Our Allies , then were fit for any Subiect to doe of any anoynted King , though in enmity and hostility with Us. And when , vpon this occasion , Wee vsed some reprehension towards those miscarriages , requiring them not to proceed but in such things as were within the capacity of that House , according to the continuall custome of Our Predecessors , then by the meanes of some euill affected and discontented persons , such heat and distemper was raysed in the House , that albeit themselues had sued vnto Us for a Session , and for a generall pardon vnto both , which at their earnest suit We assented , yet after this fire kindled , they reiected both , and setting apart all businesses of consequence and waight ( notwithstanding Our admonition and earnest pressing them to goe on ) they either sate as silent , or spent the time in disputing of Priuiledges , descanting vpon the words and syllables of Our Letters and messages , which for better cleering of trueth , and satisfaction of all men , We are about to publish in Print , so soone as possibly We can . And although in Our Answer to their petition , Wee gaue them full assurance that wee would bee as carefull of the preseruation of their Priuiledges , as of Our owne Royall Prerogatiue , and in Our explanation after sent vnto them by Our Letters , written to Our Secretary , We told them that Wee neuer meant to denie them any lawfull priuiledges that euer that House enioyed in Our predecessours times ; and that whatsoeuer priuiledges or liberties they enioyed by any Law or Statute , should euer bee inuiolablie preserued by Us ; and We hoped Our posterity would imitate Our footsteps therein ; and whatsoeuer priuiledges they enioyed by long custome , and vncontrolled and lawfull Presidents , We would likewise be as carefull to preserue them , and transmit the care thereof to Our posterity , confessing Our selues in iustice to bee bound to maintaine them in their Rights , and in grace , that We were rather minded to increase , then infringe any of them , if they should so deserue at Our hands , which might satisfie any reasonable man , that We were farre from violating their priuiledges . And although by Our Letters written to their Speaker , We aduised them to proceed , and make this a Session , to the end , that Our good and louing Subiects might haue some taste , aswell of Our grace and goodnesse towards them , by Our free pardon and good Lawes to be passed , as they had both by the great and vnusuall examples of Iustice since this meeting , and the so many eases and comforts giuen vnto them by Proclamation . And although We had giuen order for the Pardon to goe on , and that in a more gracious and liberall manner then hath passed in many yeeres before , and signified Our willingnesse , that rather then time should bee misspent , they might lay aside the thought of the Subsidie , and goe on with an Act for continuance of Statutes , and the generall Pardon ; but all this preuailed not to satisfie them , either for their pretended Priuiledges , or to perswade them to proceed with Bils for the good of themselues , and those that sent them . But as the Session and Pardon were by them well desired at first ; so were they as ill reiected at the last ; and not withstanding the sinceritie of Our protestations , not to inuade their Priuiledges ; yet by the perswasion of such as had beene the cause of all these distempers , they fall to carue for themselues , and pretending causelesly to be occasioned thereunto in an vnseasonable houre of the day , and a very thinne House , contrary to their owne Custome in all matters of waight , conclude , and enter a protestation for their liberties , in such ambiguous and generall words , as might serue for future times to inuade most of our inseparable Rights and Prerogatiues , annexed to Our Imperiall Crowne : whereof not onely in the times of other Our Progenitors , but in the blessed Raigne of Our late Predecessor , that renowned Queene ELIZABETH , We found Our Crowne actually possessed ; an vsurpation that the Maiestie of a King can by no meanes endure . By all which may appeare , that howsoeuer in the generall proceedings of that House , there are many footsteppes of louing and well affected duetie to Us : yet some ill tempered spirits , haue sowed tares among the corne , and thereby frustrated the hope of that plentifull and good haruest , which might haue multiplyed the wealth and welfare of this whole land ; & by their cunning diuersions haue imposed vpon Us a necessitie of discontinuing this present Parliament , without putting vnto it the name or period of a Session . And therefore , whereas the said assembly of Parliament was by Our Commission adiourned vntill the eight day of February now next ensuing , We , minding not to continue the same any longer , and therefore not holding it fit to cause the Prelates , Noblemen , and States of this Our Realme , or the Knights , Citizens and Burgesses of the same Parliament to trauaile thereabout , haue thought fit to signifie this Our resolution , with the reasons thereof vnto all Our Subiects , inhabiting in all parts of this Realme , willing and requiring the said Prelates , Noblemen and States , and also the said Knights , Citizens , and Burgesses , and all others , to whom in this case it shall appertaine , that they forbeare to attend at the day and place prefixed by the said adiournement , and in so doing , they are and shall be hereby discharged thereof against vs. And We doe hereby further declare , that the said Conuention of Parliament , neither is , nor after the ceasing and breaking thereof shall be , nor ought to be esteemed , adiudged , or taken to bee , or make any Session of Parliament . And albeit We are at this time enforced to breake off this Conuention of Parliament : yet Our will and desire is , that all Our subiects should take notice , for auoyding of all sinister suspitions and iealousies , that Our intent and full resolution is , to gouerne Our people in the same manner , as Our Progenitours and Predecessours , Kings and Queenes of this Realme of best gouernment , haue heretofore done ; and that We shall be carefull , both in Our owne person , and by charging Our priuie Counsell , Our Iudges , and other Our Ministers in their seuerall places respectiuely , to distribute true Iustice & right vnto all Our people ; and that We shall bee as glad to lay hold of the first occasion in due and conuenient time , which We hope shall not be long , to call and assemble Our Parliament , with confidence of the true and hearty loue and affection of Our subiects , as either We , or any of Our Progenitors haue beene at any time heretofore . Giuen at Our Pallace at Westminster , the sixth day of Ianuary , in the nineteenth yeere of Our Raigne of Great Britaine , France , and Ireland . God saue the King. Imprinted at London by BONHAM NORTON , and IOHN BILL , Printers to the Kings most Excellent Maiestie . M. DC . XXI . A22289 ---- By the King, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of England England and Wales. Sovereign (1603-1625 : James I) 1622 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22289 STC 8695 ESTC S122824 23957020 ocm 23957020 27017 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22289) Transcribed from: (Early English Books Online ; image set 27017) Images scanned from microfilm: (Early English books, 1475-1640 ; 1813:34) By the King, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of England England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 broadside. By Bonham Norton, and Iohn Bill ..., Imprinted at London : M.DC.XXII. [1622] "Giuen at the court at Newmarket, the twentieth day of Nouember, in the twentieth yeere of our reigne of England, France, and Ireland, and of Scotland the six and fiftieth." Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Proclamations -- Great Britain. Great Britain -- History -- James I, 1603-1625. Great Britain -- Politics and government -- 1603-1625. England -- Officials and employees. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion IR DIEV ET MON DROIT . HONI ✚ SOIT ✚ QVI ✚ MAL ✚ Y ✚ PENSE royal blazon or coat of arms ❧ By the King. ❧ A Proclamation commanding Noblemen , Knights , and Gentlemen of quality , to repayre to their Mansion houses in the Country , to attend their seruices , and keepe hospitality , according to the ancient and laudable custome of ENGLAND . HIS most Excellent Maiestie , taking into His Royall consideration , that the celebration of the feast of Christmasse approacheth , and how needfull it is ( especially in this time of scarcity and dearth ) to reuiue the ancient and laudable custome of this Realme , by house-keeping and hospitality , which in all parts of this Realme is exceedingly decayed , by the too frequent resort and ordinary residence of Lords Spirituall and Temporall , Knights , and Gentlemen of quality , vnto Cities and Townes , and chiefly into , or neere about the Cities of London and Westminster ; and willing to prouide remedy , aswell for that , as sundry other inconueniences , which of necessity must ensue , by the absence of those out of their Countries , vpon whose care , a great and principall part of the subordinate gouernment of this Realme doth depend : Doth heereby strictly charge and command , aswell all His Lords Spirituall and Temporall ( except such as are of His Priuie Counsell , or beare office about the Person or Court of Himselfe , or of His most dearely beloued Sonne the Prince ) and likewise all deputy Lieutenants , and Iustices of Peace , and other Gentlemen of quality , which haue Mansion houses in the Country , wherein they and their families haue vsually dwelt and aboade ; That they , and euery of them , immediately vpon the end of this present month of Nouember , depart from the Cities of London and Westminster , and other Cities and places with their families and seruants , vnto their seuerall Countries , to attend their seruice there , and keepe hospitality , as appertayneth to their degree and calling , vpon paine , not only of His Maiesties heauy indignation and displeasure , and disablement to hold any such places of seruice or trust , vnder His Maiestie ; but also of such further censure and punishment , as may be inflicted vpon them , for such their disobedience and contempt , or neglect of this His Royall commandement ; whereof , as His Maiestie intendeth to take a strict and seuere accompt , so He doth heereby require and command , aswell the Lords and others of His Priuie Counsell , as all other His Officers and Ministers , whom it shall any way concerne , to take order that all such as shall offend , may receiue condigne punishment , without toleration or conniuence . Giuen at the Court at Newmarket , the twentieth day of Nouember , in the twentieth yeere of Our Reigne of England , France , and Ireland , and of Scotland the six and fiftieth . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M.DC.XXII . A22300 ---- By the King. A proclamation restrayning the carrying of munition to Algeeres and Tunis Proclamations. 1623-04-06 England and Wales. Sovereign (1603-1625 : James I) 1623 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22300 STC 8708 ESTC S100906 99836733 99836733 1019 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22300) Transcribed from: (Early English Books Online ; image set 1019) Images scanned from microfilm: (Early English books, 1475-1640 ; 1601:44) By the King. A proclamation restrayning the carrying of munition to Algeeres and Tunis Proclamations. 1623-04-06 England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.) By Bonham Norton and Iohn Bill, printers to the Kings most excellent Maiestie, Imprinted at London : M.DC.XXIII. [1623] Dated at end: White-hall, the sixt day of April, in the one and twentieth yeere of our raigne .. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Military supplies Weapons industry -- Great Britain -- Law and legislation. Defense industries -- Great Britain -- Law and legislation. Arms transfers -- Great Britain -- Law and legislation. Military weapons -- Law and legislation -- Great Britain. Pirates -- Legal status, laws, etc. Tunis (Tunisia) Algiers (Algeria) 2003-08 TCP Assigned for keying and markup 2003-09 SPi Global Keyed and coded from ProQuest page images 2003-10 Emma (Leeson) Huber Sampled and proofread 2003-10 Emma (Leeson) Huber Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion By the King. ¶ A Proclamation restrayning the carrying of munition to Algeeres and Tunis . THE Kings most Excellent Maiestie taking knowledge , aswell by the aduertisements of diuers forreine Princes and States , and of their Ambassadours , as by the wofull complaints of many of his owne good Subiects , that susteine great and continuall losses by Pyrats , and Sea-Rouers vsually retiring to , & harbouring themselues at Algeers , & Tunis , That the sayd Pyrats & Sea-Rouers receiue great comfort & encouragement by an abusiue Trade that some Merchants out of greedinesse , & for vniust lucre do maintaine at Algeers , & Tunis , for weapons , Gunpowder , shot , and other munition of all sorts , wherewith those common enemies of mankinde doe dayly inuade the Subiects of His Maiesty & other Christian Princes , Hath thought it agreeable to His own Iustice and Honour to forewarne , that none of His Subiects , from hencefoorth , haue any hand in a course so vniust . And therefore His Maiesty doeth heereby straitely charge and command , That none of His Maiesties Subiects whatsoeuer , doe at any time heereafter carry or import vnto the sayd Towne or Port of Algeers , & Tunis , any Gunpowder , shot , armour , weapons , munition or victualles whatsoeuer vpon paine to incurre His Maiesties indignation & highest displeasure , and to endure the seuerest chastisements that so high an offence may deserue to be inflicted on them by His Maiesties Lawes or Kingly Prerogatiue . Giuen at the Court at White-hall , the sixt day of April , in the one and twentieth yeere of Our Raigne of Great Brittaine , France and Ireland . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M.DC.XXIII . A22327 ---- These are to certifie you that the bearer hereof, by name Angelus Jacobi, a merchant of Cyprus, sayling out of Egypt unto Creet, fell most vnfortunately into the hands of Turkish pirats England and Wales. Sovereign (1603-1625 : James I) 1624 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22327 STC 8737 ESTC S3886 33151130 ocm 33151130 28946 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22327) Transcribed from: (Early English Books Online ; image set 28946) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:7) These are to certifie you that the bearer hereof, by name Angelus Jacobi, a merchant of Cyprus, sayling out of Egypt unto Creet, fell most vnfortunately into the hands of Turkish pirats England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.). s.n., [London : 1624] Date and place of publication from STC (2nd ed.). Includes cover letter signed and dated by Abp. of York, 11 April 1625, by bp. of Peterborough 28 October, 1625, and nine other bishops, undated. "Giuen at Our Palace at Westminster the thirteenth of September." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pirates -- Mediterranean Sea -- Early works to 1800. Turkey -- Foreign relations -- Great Britain -- Early works to 1800. Great Britain -- Foreign relations -- Turkey -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2003-08 TCP Assigned for keying and markup 2003-09 Apex CoVantage Keyed and coded from ProQuest page images 2003-10 Mona Logarbo Sampled and proofread 2003-10 Mona Logarbo Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion THese are to certifie you that the Bearer hereof , by name Angelus Iacobi , a Merchant of Cyprus , sayling out of Egypt into Creet , fell most vnfortunately into the hands of Turkish Pirats , who not only robbed and spoyled him of his Goods and Merchandises , but also tooke from him his Wife and Children , and as yet keepe them in Slauerie and bondage , not to be redeemed till the said Angelus Iacobi pay their seuerall Ransomes . Wherefore , We out of our Princely compassion , taking pittie o● the miserable estate and condition of this poore Christian , as also being moued thereunto by the example of other Princes , who by their Letters witnessed vnto vs the truth hereof , which cause we deferred vnto the Right Reuerend Father in God , George , Lord Archbishop of Canterburie , Metropolitan of all England , who did approue of the same , hauing granted and permitted him by Our Letttrs Pattents , to aske , collect , and gather the charitable Almes and Beneuolence of Our well disposed Subiects , during the time of his continuance in these Our Realmes . And for that hee now desireth to returne into Cyprus , his owne Countrey , Wee haue granted him these Our Letters for his safe conduct in his Iourney both by Sea and Land , as shall be most conuenient , as also that you by whom he shall passe , might the rather bee moued to relieue him by your Christian Charitie : So shall you lay vp your Treasure in heauen , and binde this poore man to pray for your safetie continually . Giuen at Our Palace at Westminster , the thirteenth day of September . God saue the King. HAuing perused of late his Maiesties Letters Patents , on the behalfe of this Bearer , Angelus Iacobi : These are to desire , as well the Prebendaries , Residensaries at Yorke , vpon some Sunday in the Metropoliticall Church there : As also to require all Parsons , Vicars , Curates and Church-wardens throughout my Diocesse of Yorke , to be ayding and assisting vnto him , in receiuing the free and Charitable beneuolence of all well affected Subiects , in their seuerall Chruches and Chappels , according to the tenor of the said Letters Patents , signified in that behalfe . At Bishopthorpe the eleuenth of Aprill 1625. Tobias Eboracen . and in our Diocesse of Peterborough . 28. October . 1625. Tho. Peterbor . Fr. Heref. Miles Glocester . Iohn Wigorn. Tho. Couen . and Lichf . Theophilus Landauensis Ric. Assaphen . Sa. Noruicen . Tho. Parke Procan . Cantrbrig . Gu. Peirs Uicecan . Oxon. A22328 ---- By the King a proclamation concerning tobacco. England and Wales. Sovereign (1603-1625 : James I) 1624 Approx. 16 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A22328 STC 8738 ESTC S123076 33150330 ocm 33150330 28553 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22328) Transcribed from: (Early English Books Online ; image set 28553) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:8) By the King a proclamation concerning tobacco. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 4 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : 1624. Imprint from colophon. Last complete line of sheet 4 ends "diligent". Forbidding importation except from Bermuda and Virginia; requiring inspection and sealing of all tobacco. "Giuen at Our Honour of Hampton Court,the nine and twentieth day of September, in the two and twentieth yeere of Our Reigne of England, France, and Ireland, and of Scotland the eight and fiftieth." Reproduction of original in: Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco industry -- Virginia. Tobacco industry -- Bermuda Islands. Great Britain -- Colonies -- Commerce. Great Britain -- History -- James I, 1603-1625. 2003-10 TCP Assigned for keying and markup 2003-11 Apex CoVantage Keyed and coded from ProQuest page images 2004-11 Mona Logarbo Sampled and proofread 2004-11 Mona Logarbo Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion IR DIEV ET MON DROIT HONI ✚ SOIT ✚ QVI ✚ MAL ✚ Y ✚ PENSE royal blazon or coat of arms ¶ By the King. ¶ A Proclamation concerning Tobacco . WHereas Our Commons , assembled in Our last Sessions of Parliament , became humble Petitioners vnto Us , That , for many waightie reasons , much concerning the welfare of Our Kingdome , and the Trade thereof , We would by Our Royall power , vtterly prohibite the vse of all forreigne Tobacco , which is not of the growth of Our owne Dominions ; And whereas We haue vpon all occasions made knowen Our dislike , We haue euer had of the vse of Tobacco in generall , as tending to the corruption both of the health and manners of Our people , and to that purpose haue at seuerall times heretofore prohibited the planting of Tobacco , both in England and Wales , as vtterly vnfit , in respect of the Climate , to cherish the same for any medicinall vse , ( which is the onely good to bee approoued in it ; ) And at other times haue also prohibited the disorderly Trading for Tobacco , into the parts beyond the Seas , as by Our seuerall Proclamations , published to that purpose , it may appeare . Neuerthelesse , because Wee haue beene earnestly and often importuned by many of Our louing Subiects , Planters and Aduenturers in Virginia , and the Sommer Islands , and lately by Our Commissioners for Virginia , that We would be pleased to take into Our Royall care that part of Our Dominions , by Our Royall authoritie , and by the industrie of Our loyall Subiects , added to the rest of Our Empire , for the propagation of Christian Religion , and the ease and benefite of this populous Realme , and to consider , that those Colonies and Plantations , are yet but in their infancie , and cannot be brought to maturitie and perfection , vnlesse We will bee pleased for a time to tolerate vnto them the planting and venting of the Tobacco , which is , and shall be of the growth of those Colonies and Plantations ; We , taking into Our Princely consideration these , and many other important reasons of State , haue beene graciously pleased to condescend to the desires and humble petitions of Our louing Subiects in this behalfe . And therefore We doe by these presents straitly charge and command , That no person whatsoeuer , of what degree or qualitie soeuer , doe at any time hereafter , import , or cause to be imported from any part beyond the Seas , or out of Our Kingdome of Scotland , into this Our Realme of England , or Dominion of Wales , or into Our Realme of Ireland , any Tobacco , which is not of the proper growth of the Plantations of Virginia , and the Sommer Islands , or one of them , vpon paine of forfeiture vnto Us of all such Tobacco so to be imported , contrary to the true meaning of these presents , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the Lawes and Statutes of these Our Realmes , or by the seuerity or censure of Our Court of Starre-chamber , in either of those Kingdomes respectiuely , may be inflicted vpon the Offendors , for contempt of this Our Royall command , and to be reputed and taken as enemies to Our proceedings , and to those Plantations which so much concerne Our Honour , and the honour and profit of these Our Kingdomes . And We further will and command , vpon the penalties aforesaid , that from hencefoorth , no person or persons whatsoeuer , presume to sow , set , or plant , or cause , or permit , or suffer to be sowed , set , or planted , in any of his or their grounds , any Tobacco whatsoeuer , within these Our Realmes of England , or Ireland , or Dominion of Wales , or any Isles or places belonging thereto , or permit or suffer any old stocke , plant , or root of Tobacco formerly set , sowed , or planted there to continue , not plucked vp and vtterly destroyed , contrary to the tenour and true meaning of a former Proclamation , made and published by Us to that purpose , bearing date the thirtieth day of December , in the seuenteenth yeere of Our Reigne of England . And Wee further straitly charge and command , vpon the paines and penalties aforesaid , That no person whatsoeuer , presume to buy , or sell any Tobacco , which from hencefoorth shall be imported , or brought from any the parts beyond the Seas , or from Our Realme of Scotland , which is not , or shall not be of the proper growth of the Colonies aforesaid , of Virginia , and the Sommer Islands , or one of them . And because Wee vnderstand , that some , who intend their owne priuate , more then the publique , conceiuing it to be probable , that We would grant the petition of Our Commons in Parliament , to preuent the effect thereof , haue lately imported secretly , and by stealth , great quantities of forreigne Tobacco , for which they haue payd no Subsidie or other duety vnto Us ; We further will and command , vnder the paines and penalties aforesaid , that no person whatsouer , from , and after the fiue and twentieth day of March , now next ensuing , presume to sell , or offer , or put to sale within these Our Realmes or Dominion , any Tobacco , which hath beene formerly imported into this Realme , which is not of the proper growth of the Colonies , or Plantations aforesaid , or one of them , nor that any person whatsouer , willingly and knowingly , take , or vse any Tobacco , from , and after the first day of May , now next ensuing , which is not , or shall not be of the proper growth of the sayd Colonies , or Plantations , or one of them . Yet , because the said forreigne Tobacco may not lie on the hands of the owners thereof , Wee are graciously pleased , that at any time , within fortie dayes after the sayd fiue and twentieth day of March , such forreigne Tobacco may be freely exported by any person whatsoeuer , without paying any Subsidie or other duetie for the same . And because no man shall pretend ignorance , and thereby endeuour to excuse his offence in any of the premisses ; Wee doe further charge and command , and doe hereby signifie and declare Our will and pleasure to be , that all , and euery person and persons , Merchant or other , who vseth to sell , or hath any purpose to sell Tobacco , who haue in his , or their hands , custodie or possession , or in the hands , custodie or possesson of any other by their deliuery , or to their vse , any Tobacco heretofore imported into this Our Realme , or planted , set , or sowen within this Realme , shall before the twentieth day of October , now next comming , bring the same into Our Custome-house , within Our Citie of London , if such Tobacco be within fiue miles of Our said Citie , or if such Tobacco be in any other Citie , Towne , or place , within this Our Realme of England , or Dominion of Wales , or Realme of Ireland , shall bring the same to the Towne-house , or other fit place , which shall be to that purpose appointed by Us , in that City or Corporate Towne , neerest vnto which the said Tobacco shall be , and shall before the first day of December , now next comming , there require and cause the same to be Marked and Sealed by such person or persons , and with such Seale and Marke , as We shall thereunto assigne or appoint for that purpose , without giuing any fee or allowance for the said Seale or Marke , and whatsoeuer Tobacco shall not be Sealed or marked , as aforesaid , within the seuerall times aforesaid , shall be confiscate & forfeited vnto Us for such their default and contempt . And for the auoyding of all deceit and abuse in disguising of forraigne Tobacco , or mingling the same with the Tobacco of Virginia , or the Sommer Islands , thereby to defraud the true intent of these presents , We further straitly charge and command , vnder the paines and penalties aforesaid , That no person , who is , or shall be a seller of Tobacco , shall haue , or keepe ready cut , aboue the quantitie of one pound of Tobacco at once , nor shall mingle any forraigne Tobacco , with any Tobacco of the growth of the Sommer Islands or Virginia . And Wee straitly charge and command , that all the planters of Tobacco in the Colonies aforesaid , or any part thereof , shall make the same good , and merchantable , and shall not presume to send ouer into this our Realme of England , any Tobacco , which shall not be good and merchantable , and well made vp in rolle without stalkes , or other bad or corrupt stuffe , vpon paine of confiscation thereof , or so much thereof , as vpon due triall made , shall be found to be otherwise , to the intent that such of Our Subiectes , as shall desire to vse the same , may not be abused , or deceiued therewith , to the impairing of their health . And to the intent that the Tobacco of the Colonies , and Plantations aforesaid , thus tolerated by Us , may be knowen and distinguished , from such as shall bee secretly , and without warrant brought in by stealth ; Wee doe likewise straitly charge and command , vpon the paines and penalties aforesaid , That all such Tobacco , as shall bee brought from the Colonies aforesaid , shall be all brought , and landed at the Key of Our Custome house , in Our citie of London , and not elsewhere , in any of Our Realmes or Dominions , and shal be there registred , & shall not be remooued from Our said Custome house , vntill it shall bee there first tryed , sealed , and marked , by such person , or persons , & with such seale or marke , as We shall thereunto assigne and appoint ; such seale or marke to bee set thereto , without Fee , or other reward whatsoeuer . And Wee doe further straitly charge and command , vpon the paines and penalties aforesaid , That all owners of ships , bee carefull to imploy such masters in their ships , or other vessels , from whom they will take good caution , not to offend in the importation of any Tobacco , contrary to this Our Royall pleasure . And We do further signifie and declare by these presents , that We will require an exact accompt of the master of euery ship , or other vessell , that he shall make such diligent , and carefull search , ouer the marriners and passengers in his ship , or other vessell , that none of them shall conueigh ouer into these Our Realmes of England , or Ireland , or dominion of Walles , or into any Port , Hauen , Creeke , or other parts thereof , any Tobacco , to be imported , contrary to the true intent and meaning of these presents : And that Our Customers , or their deputies , in euery Port of these Our Realmes of England , and Ireland , shall , vpon oath , examine euery Master of a ship , or other vessell , or other Officers and Mariners in the said ship , or vessell , whether they haue made search in the said ship or vessell , for Tobacco , and whether any Tobacco bee in the said ship , or vessell , to their knowledge , and whether any Tobacco were laden in the said ship or vessell , and bee taken out thereof , and what is become of the same : And if any Master of a ship , or other vessell , shall wilfully , or negligently permit , or suffer any Tobacco to be imported , or shall otherwise offend , contrary to these presents , euery such Master ( because it is in his power to preuent the same ) shall also be answerable vnto Us for his contempt herein , and shall be subiect , & lyable to all the paines and penalties aforesaid , aswell as if he himselfe had actually and purposely committed the said offence . And whereas We are informed , that some traders in Tobacco , doe vse to import Tobacco in forreigne Bottomes ; Wee strictly charge and command , that no person whatsoeuer , either Stranger , Denizen , or naturall borne Subiect , presume to import any Tobacco whatsoeuer , in any forreigne bottome , at any time hereafter , vpon paine of confiscation , not onely of the said Tobacco , but also of the ship , or vessell , wherein the same is so imported , and vpon the other paines and penalties aforesaid . And for the better execution of Our pleasure herein , We doe hereby command all and singuler Customers , Comptrollers , Searchers , Wayters , and other Officers , attending in all , and euery the Ports , Creekes , or places of lading or vnlading , for the taking , collecting , or receiuing of any of our Customes , Subsidies , or Duties , to take notice of this Our pleasure : And We do hereby command , and giue power and authoritie vnto them , and euery of them , from time to time , aswell to search any shippe , or other vessell , or bottome , ryding , or lying within any Port , Hauen , or Creeke , within their seuerall charge of attendance , for all Tobacco imported , contrary to the intent of this Our Royall Proclamation ; and the same being found , to seize and take to Our vse , and also to take notice of the names , and apprehend the bringers in and buyers of the same , to the end they may receiue condigne punishment for their offences , vpon payne , that euery of the said Officers , which shall bee found negligent , remisse or corrupt therein , shall lose his place and entertainement , and vndergoe such paines and penalties , as by Our Lawes , or by the censure of Our said Court of Starre-chamber , may be inflicted vpon them for the same . And We doe likewise , will , ordaine , and appoint , that it shall and may bee lawfull , for such person or persons , as shall be thereunto authorized and appointed , by him , or themselues , or his , or their Deputy or Deputies , with a lawfull Officer to search any shippe , or other vessell , and to enter into any shoppe , house , seller , warehouse , or other suspected places , at lawfull and conuenient times , and there to search , discouer , and find out any Tobacco , imported , vttered , sold , or vented , or to be vttered , sold , or vented , not marked or sealed , as aforesaid , contrary to the true meaning hereof , and all such Tobacco so found , to seize , take away , and dispose of , and the owners thereof , or in whose custodie the same shall be found , to informe and complaine of , to the end they may receiue punishment , according to Our pleasure before herein declared . And further , We doe by these presents , will and require all and singuler Mayors , Sheriffes , Justices of Peace , Bayliffes , Constables , Headboroughs , Customers , Comptrollers , Searchers , Wayters , and all other Our Officers and ministers whatsoeuer , That they , and euery of them , in their seuerall places and Offices , be diligent and attendant in the execution of this Our Proclamation , and also ayding and assisting vnto such person and persons , and his and their Deputies and Assignes , as We shall so , as aforesaid , authorise & appoint , aswell in any search for discouery of any act , or acts to be performed contrary to the intent of these presents , as otherwise , in the doing or executing of any matter or thing , for the accomplishment of this Our Royall command . And further Our will and pleasure is , and Wee doe hereby charge and command Our Atturney generall , for the time being , to informe against such persons in Our Court of Starre-chamber , from time to time , whose contempt and disobedience against this Our Royall command , shall merit the censure of that Court , and to prosecute euery such information speedily and effectually , vntill the same shall bee brought to sentence . And Our pleasure and command is , that all the Tobacco which vpon any seizure shall become forfeited , shall bee brought to Our Custome house , next adioyning to the Port , or place where the same shall be seized , where the seizor thereof shall deliuer the same to Our vse , and the same shall be foorthwith burnt , consumed , and destroyed ; but the offendour , before he be discharged , shall pay to the partie , who seized the said Tobacco , the one halfe of the true value thereof : And that such person or persons , whom Wee shall appoint , specially by Our Priuie Seale , to take care and charge of the execution of Our pleasure in the premisses , shall haue the one halfe of all the Fines , to bee imposed vpon euery offendour against this Our Proclamation , for their encouragement to bee diligent and faithfull , in , and about the performance of that seruice , We shall so commit vnto them . Giuen at Our Honour of Hampton Court , the nine and twentieth day of September , in the two and twentieth yeere of Our Reigne of England , France , and Ireland , and of Scotland the eight and fiftieth . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . 1624. A22337 ---- By the King a proclamation for restraint of killing, dressing, and eating of flesh in Lent, or on fish daies, appointed by the law to be hereafter strictly obserued by all sorts of people England and Wales. Sovereign (1603-1625 : James I) 1625 Approx. 13 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A22337 STC 8749 ESTC S3488 33150306 ocm 33150306 28547 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22337) Transcribed from: (Early English Books Online ; image set 28547) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:17) By the King a proclamation for restraint of killing, dressing, and eating of flesh in Lent, or on fish daies, appointed by the law to be hereafter strictly obserued by all sorts of people England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 3 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : M.DC.XXIIII [1624, i.e. 1625] Caption title. Imprint from colophon. Sheet one has arms without "I R", at top, and line 11 of text begins "daies". "Giuen at Our Court at Newmarket the seauenth day of February, in the two and twentieth yeere of Our Reigne of great Britaine, France and Ireland." Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Lent. Fasts and feasts -- Church of England. Fasts and feasts -- England. Meat industry and trade -- Law and legislation -- Great Britain -- Early works to 1800. Great Britain -- History -- James I, 1603-1625. 2003-03 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 Mona Logarbo Sampled and proofread 2003-05 Mona Logarbo Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENS royal blazon or coat of arms ¶ By the King. A Proclamation for restraint of killing , dressing , and eating of Flesh in Lent , or on Fish daies , appointed by the Law , to be hereafter strictly obserued by all sorts of people . WHereas , for the benefit and commodity of this Our Realme of England , as well in the maintenance of Our Nauy and Shipping ( a principall strength of this Iland ) as for the sparing and increase of Flesh victuall , diuers good Lawes and Statutes haue beene prouided , for the due obseruation of Lent , and other dayes appointed for Fish dayes , which from time to time haue beene seconded and quickned by sundry Our Proclamations , and other Actes and Ordinances of State ; And whereas , notwithstanding the many good prouisions heretofore had and made in that kinde , Wee yet finde the inordinate liberty , now vsually taken by all sorts of people to kill , dresse , and eate Flesh in the Lent season , and on other daies and times prohibited by Law , is become an euill of such inueterate growth , as it requireth more then ordinary care to suppresse the same : Wee therefore much affecting the Reformation of this so great an euill ( and enemy to the plentie of Our Kingdomes ) Haue thought fit eftsoones ( and thus timely , the better to take away the excuse , and to preuent the prouisions of Flesh that vsually men make against the Lent season ) To expresse Our selfe and Our Royall Commandement in this behalfe : Wherein , without any future declaration of Our pleasure in this kinde , Wee shall expect and require from all Our Subiects , that due Notice be taken , and that a strict and continued obedience and conformitie be yeelded thereunto in all succeeding times . And therefore Wee doe straitly Charge and Command all and euery person and persons whatsoeuer , to whom it may appertaine , carefully to prouide and see , that these Orders following may bee duely obserued and put in execution , vpon paine of Our high displeasure , and such penalties , as by the Lawes of this Our Realme may be inflicted vpon the Offenders , for their contempt or neglect of Us and Our Lawes , whereof We shall shew Our selues most sensible . And first , whereas Wee finde , that the chiefest cause of these disorders hath growen from the Licences that haue beene granted to Butchers , to kill and vtter Flesh contrary to Law , And that by Our Lawes , no Mayor , Iustice of Peace , or other person of what degree or qualitie soeuer , can grant any Licence in this kinde , And that the Lords and others of Our Priuy Councell , do by Our direction forbeare to grant the same , or giue way thereunto ; Our will and pleasure is vpon the penalties prouided by Law , and such further punishment to be inflicted vpon the offenders , as shall be thought meete , that no such Licence shall be granted for the killing or vttering of Flesh ; And that no Butcher or other person whatsoeuer , doe by colour thereof , kill , vtter , or put to sale any Flesh contrary to the Lawes established and prouided in that behalfe . And for the auoiding of such inconueniences hereafter , Our will and pleasure is , That the Lord Maior of Our Citie of London , and euery other Officer and Iustice of Peace , shall call before them , and send for any of the seruants of any Inholders , Uictuallers , Cookes , Alehousekeepers , Tauerners , and keepers of Ordinary tables , and such others that vtter victuals , and to examine them vpon their corporall Oathes , what Flesh is , or hath beene , during the Lent season , or other daies prohibited by the Law , dressed , killed , vttered , or eaten in their houses , which if they shall refuse to doe , then to commit to prison the said seruants so refusing vpon their Oathes to declare the trueth . That the Lord Maior shall also yeerely before Lent , or at the beginning thereof , cause all Inholders , Keepers of Ordinary Tables , Uictuallers , Alehouse keepers , and Tauerners within the City and Liberties thereof , to appeare before him , or such persons as he shall appoint meete for that purpose ; And shall take Recognizances with sufficient Sureties of euery of them in good summes of money , ( viz. ) One hundred pounds of the Principall , and their sureties thirty pounds apiece , to Our vse , not to dresse any Flesh in their houses in the Lent time , or at other times prohibited , for any respect , nor suffer it to bee eaten contrary to Lawe . The like Recognizance with Sureties , shall bee taken of the like parties vpon like penalties , by the Iustices of Peace of Our City of Westminster , and the Liberties thereof ; and euery of the said Recognizances to be certified into Our Exchequer . And for the Butchers , & others that come with victuall of Flesh out of the Countrey into the City , Our pleasure is , That the Lord Maior shall cause certaine persons to watch at the Gates and other like places in the Suburbes , where Flesh may bee brought , to view and search , and to intercept the same : And if any of those Watchmen shall be found negligent and corrupt in his Charge , then he to be committed to prison during the whole Lent. And to the end that Fishermen may imploy themselues to Sea with better encouragement then heretofore , and that the Fishmongers may furnish themselues with such store from time to time hereafter , as shall be expedient , aswell for the prouision of the Citie , as for selling the same at reasonable Rates ; We will that they take notice of this Our Commandement , and constant resolution for the obseruance of Lent , and Fish-dayes , both now and hereafter , as by Law is required . And furthermore , as We thinke it fit , that euery man should be a rule of order and abstinence in his owne House , as well in respect of the publique , as of his priuate ease and benefit , So Wee straitly charge and command all Inholders , Keepers of Ordinary Tables , Uictuallers , Alehouse-keepers , and Tauerners , not to make any Supper for any person or persons whatsoeuer , vpon Friday nights , either in Lent or out of Lent ; nor to suffer any meate to be then dressed , vttered , sold or eaten in their Houses , vpon paine of such punishment , as is due to those that shall contemne Our Royall pleasure and Commandement . And forasmuch as vpon further aduice and consideration had , that the restraint of killing and dressing of flesh is no sufficient remedy for the mischiefe , vnlesse there bee better care also taken to suppresse the vnlawfull and inordinate eating of Flesh in the time of Lent , and on other dayes and times prohibited , wherewith Our subiects haue accustomed themselues , rather for delicacie then for necessity ; It is therefore Our Royall will and pleasure , and accordingly Wee doe hereby straitly prohibite and forbid all Our Subiects of what degree or qualitie soeuer within this Our Realme , to eate any manner of Flesh in the time of Lent , or on other dayes now vsually obserued as Fish-dayes , without a speciall Licence first obtained from the Bishop of the Diocesse , or such other as by the Lawe haue power to giue Licence in that behalfe , ( which Wee will and command shall bee sparingly granted , and in cases of necessitie onely ) vpon paine of Our high displeasure , and to bee proceeded against by Our Attourney Generall in Our Court of Starre-Chamber , as contemners of Our Royall Commandement , and vpon such further penaltie , as by the Lawes and Statutes of Our Realme may be inflicted on those that shall wilfully offend in this kinde . And as these Orders are to be executed in Our City of London , & places neere to the same , so it is Our expresse pleasure and Commandement , That Our Iustices of Peace in all Shires within their Rule , and all other Maiors , Bailiffes , and chiefe Officers in Townes corporate , or in any Liberties within their Precincts , shall cause the same to be obserued and performed in like manner ; and that no maner of Toleration , Fauour , or Conniuencie be vsed by any Iustice of Peace , or other Officer , contrary to the true meaning of this Our Proclamation , as both they that shall presume wittingly so to tolerate the offence , as also the party himselfe offending , will answere the same at their vttermost perils : Our Commandement being , That Our Lawes in this case shall be hereafter seuerely executed vpon all offenders whatsoeuer . Further charging and commanding the Lord Maior of Our City of London , the Iustices of Assize in their seuerall Circuits , the Maiors and chiefe Officers of all other Cities and Townes corporate , Iustices of Peace , Lords of Liberties , and all other Officers and Ministers within the seuerall Counties of this Our Realme , That they and euery of them fully obey this Our Pleasure , and cause and compell the same to be obeyed and executed by others , as they will answere the contrary at their vttermost perils . And for the due execution of the Premisses in all other the Counties of this Our Realme , as well as in Our Cities of London and Westminster , Wee doe hereby straitly charge and command all Our Iustices of Peace within the same Counties , aswell within Liberties as without , That yeerely and euery yeere hereafter before Lent , they cause to come and appeare before them all Inholders , Cookes , Tauerners , Alehouse-keepers , Butchers , and other Uictuallers whatsoeuer , and to require and take of them to Our vse , seuerall Recognizances , with Sureties , for obseruation of the premisses , ( viz ) The principals in tenne pounds , and their two Sureties in fiue pounds apiece : And if they shall refuse or neglect to enter into such Recognizances , then the said Iustices shall suppresse such persons so refusing , from victualling any more , and shall also cause them foorth with to become bound by Recognizance with Sureties to our vse , ( viz ) The principals in twenty pounds , and their two Sureties in tenne pounds apiece , not to Uictuall or sell Beere or Ale from thencefoorth , which if they shall refuse to doe , then the said Iustices to commit to prison all such persons so refusing to enter into such Recognizances , vntill they shall submit themselues , & become bound , as aforesaid . And further for-all such Inholders , Cookes , Tauerners , Alehouse keepers , Butchers , and other Uictuallers as shall not appeare before the said Iustices , as aforesaid , That they immediatly send foorth their Warrants , or grant processe against them and euery of them so making default , to appeare and answere their contempt at the next generall Sessions of the Peace . And further , for the more due punishment of Inholders , Keepers of ordinary Tables , Cookes , Butchers , Uictuallers , Alehouse keepers , Tauerners , and such like , who shall forfeit their Recognizances by killing or dressing of Flesh , or suffering it to be eaten in their houses in the Lent time , & other Fish dayes , And to the end that the same may be as well taken in due forme of Law , as duely certified into Our Exchequer , We doe will and require all Iustices of peace , as well within Liberties as without , That at such times as they shal meet within their seueral Diuisions , for the taking of such Recognizances , that they giue notice to the Clerkes of the Peace , or their Deputies , to attend them for that purpose . Of whom we will require a strict Accompt for the Legall taking and returning of the same Recognizances into Our said Exchequer : The said Clerkes of the Peace and their Deputies , taking for the making and certifying of the same Recognizances of all Inne-keepers , Tauerners , Cookes , and Butchers , the Fee of two shillings sixe pence ; And of all Alehouse-keepers the Fee of twelue pence , as is limited to be taken by the Clerke of the Peace for Our County of Middlesex for euery such Recognizance , and no more . And lastly , for that the Fishmongers ( vpon the obseruation of the aforesaid Orders ) may perhaps take occasion thereby to enhaunce the prices , as well of Fresh , as of Sea Fish , we doe therefore hereby further charge and command all Fishmongers whatsoeuer , That they sell and vtter their Fish at moderate and vsuall Rates and prices ; And that all Iustices of Peace , Maiors , Bailiffes , and other Our Officers , as well within Liberties as without , to whom it shall appertaine , shall from time to time take such order with the said Fishmongers , that Our Subiects be not grieued by any such enhauncement or encrease of prices vpon Fish , vpon paine of Our high displeasure , and such further punishment as may be inflicted vpon them by Our Lawes . Giuen at Our Court at Newmarket the seauenth day of February , in the two and twentieth yeere of Our Reigne of great Britaine , France , and Ireland . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M. DC . XXIIII . A22340 ---- By the King a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of Virginia and the Summer Islands, or one of them. England and Wales. Sovereign (1603-1625 : James I) 1625 Approx. 20 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22340 STC 8751 ESTC S122820 33150623 ocm 33150623 28677 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22340) Transcribed from: (Early English Books Online ; image set 28677) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:19) By the King a proclamation for the vtter prohibiting the importation and vse of all tobacco, which is not the proper growth of the colonies of Virginia and the Summer Islands, or one of them. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 4 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : M.DC.XXIII [1624, i.e. 1625] Caption title. Imprint from colophon. Forbidding importation except from Bermuda and Virginia, and naming agents to enforce the monopoly. "Giuen at Our Court at Theobalds, the second day of March, in the two and twentieth yeere of Our Reigne of Great Britaine, France, and Ireland. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco industry -- Virginia. Tobacco industry -- Bermuda Islands. Monopolies -- Great Britain -- Early works to 1800. Great Britain -- Colonies -- Commerce. Great Britain -- History -- James I, 1603-1625. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2003-12 Jonathan Blaney Sampled and proofread 2003-12 Jonathan Blaney Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion ❧ By the King. ¶ A Proclamation for the vtter prohibiting the importation and vse of all Tobacco , which is not of the proper growth of the Colonies of Virginia and the Summer Islands , or one of them . WHereas , at the humble suite of Our Commons in Parliament , by Our Royall Proclamation , bearing date the nine and twentieth day of September now last past , for the reasons therein contained , We haue prohibited the importation and vse of all Tobacco , which is not of the proper growth of Our Colonies of Virginia and the Summer Islands , or one of them ; And whereas , vpon the humble Petition of many Our louing Subiects ▪ being Planters or Aduenturers in those Colonies , and for the support and incouragement of those Plantations ( whose prosperous estate We much affect , and shall by all good meanes be alwayes ready to cherish and protect ) We haue beene contented to tolerate the vse of Tobacco , of the growth of those Plantations for a time , vntill by more solid Commodities they be able to subsist otherwise , which ( as We are informed ) they cannot as yet by any meanes doe ; And therefore by Our said Proclamation , Wee did thinke fit to giue particular directions in many things tending to those ends , and did straitly command the due execution and obseruation thereof , vnder the penalties therein contained : Now because Wee haue beene informed , aswell by the humble Certificate of Our Commissioners for Virginia , as by the humble Petition of diuers of Our louing Subiects , the Planters and Aduenturers of , and in those Colonies , That , notwithstanding Our Royall pleasure was so expressely signified . and the reasons of State are so plainely laid downe , as might haue perswaded euery well affected Subiect to the due obseruance thereof ; yet diuers , out of an inordinate desire of priuate gaine , haue wilfully disobeyed Our commandement herein , and thereby haue indeauoured , as much as in them lieth , to destroy so noble a worke as the support of those Plantations , which so much concernes Our Honour , and the honour and profit of Our people . Wee therefore , being very sensible of this neglect and contempt , haue thought good to renew Our said Proclamation ; And doe hereby signifie and declare vnto all Our louing Subiects , and vnto all others , Our expresse will and pleasure to be , That Our said former Proclamation , and euery clause , prohibition , article and thing therein contained , shall from hencefoorth be duly obserued and obeyed , with such alterations and additions , as are in these presents contained and expressed , vpon paine of Our high displeasure , and such penalties and punishments , as in Our said former Proclamation are , or in these presents shall be limited or appointed for the offenders thereof . And whereas some haue since Our said last Proclamation , vnmerchantlike , secretly and cunningly stollen in great parcels of Tobacco , contrary to Our said Proclamation ; Wee would haue those persons , and all others by their example know , That they must expect the seueritie of that censure , which Our Court of Starre-Chamber shall thinke fit to inflict vpon them , and that Wee are resolued not to relent or remit their deserued punishment , but to cause them and all others , that shall dare to offend herein , to bee prosecuted and punished in such measure , as such their high contempt doth deserue . And because We conceiued it would be vtterly in vaine to prohibite the importation of such forreine Tobacco , as aforesaid , vnlesse the care and ch●rge of the execution thereof were committed by Us , to some fit and able persons , who besides the respect to Our seruice , might for their owne particular interests take the same to heart ; Therefore We haue by Our Letters Patents vnder Our great Seale of England , authorized certaine persons , Citizens of London , well affected to those plantations , an Our seruice , by themselues , and their Deputies , to search and inquire into the offences , and offenders against Our said Proclamation : And Wee haue also contracted with them to bee Our Agents for Us , and to Our vse to receiue the Tobacco of those Colonies , at , and for such prices as Wee haue agreed to giue for the same ; and besides those prices , to bee giuen to the Planters and owners of the said Tobacco , Our said Agents haue further contracted with Us , to giue and pay vnto Us , and to Our vse , such summes of money more , as may giue Us reasonable satisfaction for that losse , which otherwise Wee should sustaine in Our Customes and other Dueties , and may inable Us to beare that charge , which Wee haue vndertaken yeerely to disburse for the generall defence and support of those Plantations . And We doe further by this Our Proclamation publish and declare , that We will constantly and inuiolably obserue and performe Our said contract , and on Our parts , will allow and disburse out of Our reuenew , those summes of money for the safety of those Plantations , and for the ease of the Planters and Inhabitants there , which by the said contract hath beene on Our parts vndertaken ; whereof We would haue , aswell Our said Agents , as the Planters and Aduenturers in those Colonies , and all other whom it may concerne , to rest confidently assured . And because Wee are giuen to vnderstand , that diuers vsing to trade in Tobacco , and hauing a purpose to import , or buy , or sell the same , contrary to the intent of this Our Proclamation , doe vsually land the same at priuate Wharffes , Staires , or other places , and send , or conueigh the same vnto the Houses , Cellers , Warehouses , or other places , of , or belonging to others , who are lesse suspected then themselues , thereby to conceale the same from Us , and Our Agents ; Wee further will and command , That from hencefoorth no person whatsoeuer , presume , or suffer the said prohibited Tobacco to bee landed at any Wharffe , Staire , or other place , nor receiue , or conceale any such prohibited Tobacco , or suffer the same to be bestowed in any of their Houses , Cellers , Warehouses , or other places , vpon paine of Our high displeasure , and vpon such paines and penalties , as by this , or Our former Proclamation , are to be inflicted vpon the principall offenders . And to the intent that all the prohibited Tobacco brought in , shal be iustly and truely exported againe , & no part therof sold , or vented within these Our Kingdomes ; Our will and command is , That all the prohibited Tobacco which shall be seized within Our Kingdome of England , shall be brought and deliuered into the Ware-house , or Storehouse which shall be to that purpose prouided by the said Agents , in Our city of London ; and all the prohibited Tobacco , which shall be seized within Our Kingdome of Ireland , shall bee brought and deliuered into the Warehouses , or Storehouses which shall to that purpose bee appointed by Our Agents in Our city of Dublin , or elsewhere within Our said Kingdome of Ireland . And for the incouragement of those , who shall take paines in the discouery and seizing thereof , Our will and pleasure is , That the one halfe of the reasonable value thereof , shall bee paid vnto the seizers thereof in money by Our Agents , & the Tobacco it selfe shall be exported againe by Our said Agents , or by their appointments : And for the better execution of Our seruice herein , We doe hereby giue full power and authority , as well to Our Agent and Agents , as to their Deputy and Deputies , at all time and times , to enter into , and to search for any prohibited Tobacco , contrary to this Our Proclamation , in any Ship , Boate , or vessell , or in any House , Shop , Celler , Soller , Warehouse , or in any Trunke , Chest , Case , Barrell , or Pack , Cabbin , or any other suspected place whatsoeuer , and finding any such prohibited Tobacco , the same to seize and cary away , to be conueyed to such place or Warehouse , as Our said Agent shall appoint for that purpose , as aforesaid . And Our expresse will and command is , That neither Our said Agents , nor any others , doe sell , or vtter any part of the said prohibited Tobacco , within any Our owne Dominions , there to bee spent and vsed , whereby the vent of the Tobacco of Our Colonies aforesaid may any way bee hindred , vpon paine of Our heauy displeasure , and such other paines and penalties , as other offenders against this Our Proclamation are liable vnto . And whereas by Our former Proclamation , We did command , that from , & after the fiue & twentieth day of March , then , and now next ensuing , no person should sell , vtter , or offer to put to sale , or vse any Tobacco , which is not of the proper growth of the Colonies aforesaid , and before the ende of forty dayes then next ensuing , should transport out of Our said Kingdome , all other Tobacco , then that of the growth of those Colonies ; Wee doe now by this Our Proclamation , ratifie and confirme the same , and command , the same to be duely put in execution : And to the ende there may be no euasion vsed to auoyd the same , Wee doe hereby giue full power and commandement to Our said Agents , by themselues and their Deputies , at any time , or times after the said fiue and twentieth day of March now next ensuing , to search for the said prohibited Tobacco , and to take a true and exact note and accompt of the quantity thereof , to the intent that the Owners thereof , before the ende of forty dayes next ensuing after the said fiue and twentieth day of March , either by themselues , or some other , may export the same by the priuity of the said Agents , according to the true intent of this , and of Our said former Proclamation , and at the end of the said forty dayes , may giue a iust account vnto Our said Agents , what is become thereof ; & whatsoeuer Tobacco which is not of the proper growth of the Plantations aforesaid , shall after the said forty dayes be found in the hands of any person whatsoeuer , shall bee seized by Our said Agents , or their Deputies to Our vse , and the said person or persons hauing or vsing the same , shall incurre Our high displeasure , and bee subiect to such further paines and penalties , as by Our said Proclamation are to be inflicted vpon any other offenders . And Our further will and command is , that all the Tobacco of the growth of Our Colonies aforesaid , shall be brought to the Custome-house key of Our port of London , and there be deliuered to Our Agents , or their Assignees to Our vse , according to Our contract aforesaid , or be kept in Our said Custome-house to bee transported out of Our Dominions ; and whatsoeuer Tobacco of the growth of those Plantations , or either of them , shall not be brought to that Key , and be deliuered as aforesaid , or for which there shall not bee good security giuen to Our Agents , within foureteene dayes after the landing thereof , to export the same as aforesaid , the same shall bee forfeited and seized to Our vse by Our Agents or their Deputies , as other prohibited Tobacco , and this to bee duely obserued vnder the paines and penalties aforesaid . And whereas Wee are giuen to vnderstand , that diuerse vsing to trade in Tobacco . haue and still doe secretly and vnderhand steale into Our Kingdomes the said prohibited Tobacco and doe so priuily hide and conceale the same , that they cannot be easily discouered , nor found out , and doe either by themselues , or others by them to that purpose imployed , carry the same by small quantities to the houses or shops of Our subiects , inhabiting within Our said Kingdomes , and doe sell or profer the same to bee sold , or else doe secretly and couertly offer to contract for the sale of such prohibited Tobacco ; Our will and pleasure is , and Wee doe hereby straitly charge and command all and euery Our louing subiects , to whom any the said prohibited Tobacco shal be offered to be sold or contracted for , as aforesaid that immediately vpon the sight of any such prohibited Tobacco , or vpon offer to contract for any such Tobacco , they make stay thereof , and of such person or persons , as shall either profer the same to sell , or shall offer to contract for any the said prohibited Tobacco , and that they and euery of them , who shall haue the said prohibited Tobacco so proffered vnto them to be sold , as aforesaid , shall giue notice thereof , and charge the next Constable , Head-borough , or other Officer , with such person or persons , who shall offer to put the same to sale , vpon paine of Our high displeasure , and of such other paines and penalties , as other offenders against this Our Royall Proclamation are liable vnto . And Wee doe hereby further charge and command all and singuler Constables , Head-boroughs & other Our Officers aforesaid , that they and euery of them , vpon notice vnto them giuen of any such prohibited Tobacco , as aforesaid , or of any such person and persons so offending , as aforesaid , that they seize the said Tobacco , and detaine all such person and persons so offending as they shal haue knowledge of , vntill they haue giuen notice thereof vnto Our said Agents or their Deputie or Deputies , and vntill by their meanes the person offending may be brought before such Officer as hath power by this Our Proclamation to take sufficient bond for the appearance of such person , in some of Our Courts of iustice , to answer for their faults as the same shall deserue . And for the better finding out and discouery of the offences and offenders against Our former and this Our Proclamation , We are well pleased , and doe hereby require and command , that Our Treasurer , Commissioners for Our Treasury , Chancellour and Barons of Our Exchequer now , and for the time being , within Our said Kingdomes of England and Ireland , respectiuely shall and may award such and so many Commissions , as they shall thinke meet , to be directed to discreet and fit persons in all or any Our Ports , or elsewhere , to enquire of and examine vpon oath , or otherwise , all such persons as are , or shall be suspected to haue heretofore offended , or which hereafter shall offend against this , or Our former Proclamation in this behalfe , or any other person or persons whatsoeuer , for the finding out and discouery of the said offences and offenders , as is before mentioned ; to the end that , as well the importers of such Tobacco as the buyers , sellers , spenders , receiuers and concealers thereof , may receiue such condigne punishment by fine or otherwise , for their offences , as by Our Court of Star-chamber , or Court of Exchequer shall be thought fit : And in case such Tobacco shall not , or cannot be taken , or found to bee seized , that then euery such offender shall forfeit and pay to the hands of Our Agent or Agents , in this behalfe for Our vse , the full value of such Tobacco , as the said offenders heretofore haue , or hereafter shall haue imported , bought , sold , vented or receiued , as aforesaid , beside such further punishment , as shall be fit to be inflicted vpon them for their contempt . And Our further will and pleasure is , and We doe hereby declare , That whatsoeuer Our said Agent or Agents , their Assignee or Assignees , vnder the hands and seales of the greater number of them , haue already done , or shall doe hereafter against any offender or offenders , in requiring and taking the forfeiture of any Tobacco , or the value thereof so imported or vttered as aforesaid , or in the mitigating or taking any lesse summe then the value of the same of any such offender in the premisses , or otherwise according to the good discretion of Our said Agent or Agents , Wee doe and will from time to time approue and allow of by these presents : And this signification of Our pleasure shall be as well vnto Our said Agent or Agents for the time being , as vnto all and euery such Commissioner and Commissioners which haue beene , or shall be imployed , in , or about this Our seruice , a sufficient warrant and discharge in that behalfe , without any account to be by them , or any of them respectiuely yeelded to Us , Our Heires or Successors , and without incurring any penalty in the doing or executing of this Our Seruice and Royall Command . And forasmuch as heretofore diuers great quantities of Tobacco haue beene imported into this Realme , vnder the name or names of sundry poore Mariners , and other , which are not able to pay the value thereof , nor giue satisfaction for the same , Our will and pleasure is , the better to auoyd such frauds and deceipts in time to come , That in whatsoeuer Ship , or other Uessel , any such Tobacco in greater or lesser quantities , shall be found or discouered to haue beene , or to be so imported ▪ and to be shifted away that seizure thereof cannot , or shal not be made , That then such Mariners , or others , who shall so import or couler the said Tobaccoes , shall not onely be punished , as aforesaid , but that euery Master of such Ship or Uessell , wherein such Tobacco shall be so imported or shifted away , as aforesaid , shall forfeit to Us the value of the said Tobacco , and that such Ship or Ships shall be arrested , and stayed by the Officers of euery Port , or any of Our Agents , their D●puties or Assignees respectiuely , vntill the said forfeiture be duly answered and paid to the hands of Our said Agent or Agents to Our vse , or su●h others as they sh●ll appoint in that behalfe . And for the better execu●●on of the 〈◊〉 , Wee doe straitly charge and commaund all Iustices of Peace , Mayors , Sheriffes , Bailiffes , Constables , Hea● boroughs , Tythi●gmen , Our Warden and Constable of Our Cinque Ports , and all other Our Officers and Ministers , as well of Our Admiralties , as otherwise , and all other Our louing Subiects , to whom it shall or may appertaine , that they and euery of them at all time & times hereafter , and from time to time , vpon sight of Our Letters Patents , granted to Our said Agents , or of a Deputation vnder the hands & seales of Our Agents , or any three of them , be ayding and assisting to Our said Agent and Agents , and their Deputie and Deputies , and to such Our Commissioners , as shall be from time to time appointed for or about this Our seruice , And also to be from time to time ayding and assisting to all Our Searchers , Wauers , and to all such other person and persons as shall be authorized by Our said Agent or Agents , or by Our Customers or Farmers of Our Customes , for the searching , seizing , taking , and carying away of all such Tobacco imported , or hereafter to be imported or vttered , or intended to be put to sale contrary to this Our Royall prohibition and commaund . And if any person or persons shall bee found , priuily or secretly to oppose or animate any others , to contradict or withstand them in the due execution of this Our seruice and Royall commaund , or to neglect the due execution thereof , That then We do by these presents , straitly charge and command , all and euery Our sayd Officers respectiuely , that euery such person and persons shall be apprehended and brought before Our Treasurer , Chancellour of Our Exchequer , or before any the Lords or others of Our Priuy Councell , or before Our chiefe Baron , or some other of the Barons of Our Exchequer for the time being , to receiue such order for condigne punishment to be inflicted vpon them according to their demerits , as shall be fit . Giuen at Our Court at Theobalds , the second day of March , in the two and twentieth yeere of Our Reigne of Great Britaine , France , and Ireland . God saue the King. ¶ Imprinted at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M.DC.XXIIII . A22354 ---- By the King a proclamation touching tobacco. England and Wales. Sovereign (1603-1625 : James I) 1625 Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-09 (EEBO-TCP Phase 1). A22354 STC 8767 ESTC S3497 33150340 ocm 33150340 28556 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22354) Transcribed from: (Early English Books Online ; image set 28556) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:29) By the King a proclamation touching tobacco. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 2 leaves. By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : M.DC.XXV [1625] Caption title. Imprint from colophon. Forbidding importation except from Bermuda and Virginia. "Giuen at Our Court at White-Hall, this ninth day of April, in the first yeere of Our Reigne of Great Britaine, France, and Ireland. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco industry -- Virginia. Tobacco industry -- Bermuda Islands. Monopolies -- Great Britain -- Early works to 1800. Great Britain -- Colonies -- Commerce. Great Britain -- History -- James I, 1603-1625. 2003-05 TCP Assigned for keying and markup 2003-05 SPi Global Keyed and coded from ProQuest page images 2003-06 Mona Logarbo Sampled and proofread 2003-06 Mona Logarbo Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ¶ By the King. A Proclamation touching Tobacco . WHereas Our most deare Father , of blessed memorie , deceased , for many weighty and important Reasons of State , and at the humble suit of His Commons in Parliament , did lately publish two seuerall Proclamations , the one dated the nine and twentieth day of September , now last past , and the other the second of March following , for the vtter prohibiting of the importation , and vse of all Tobacco , which is not of the proper growth of the Colonies of Virginia and the Sommer Islands , or one of them , with such Cautious , and vnder such Paines and Penalties , as are in those Proclamations at large expressed : Wee , tendring the prosperity of those Colonies and Plantations , and holding it to bee a matter of great consequence vnto Us , and to the honour of Our Crowne , not to desert , or neglect those Colonies , whereof the foundations , with hopefull successe , haue been so happily layd by Our Father , beeing giuen to vnderstand , that diuers persons intending onely their priuate gaine , and neglecting all considerations of the publique , in this short time , whilest Wee haue been necessarily taken vp in ordering of the great affaires of Our Kingdomes and State , haue taken the boldnesse , secretly , and by stealth , to import and vtter great quantities of Tobacco , which is not of the growth of the Plantations aforesaid , to the vtter destruction of those Plantations , as much as in them lieth ; Wee haue thought fit , for the preuenting of those inconueniences , which may otherwise ensue , to the irrecouerable dammage of those Plantations , and of Our seruice , to publish and declare Our Royall pleasure for the present , touching the premisses , vntill vpon more mature deliberation Wee shall see cause to alter , or adde vnto the same , in any part . And Wee doe therefore straitly charge and command , that no person whatsoeuer , of what degree or qualitie soeuer , doe at any time hereafter , either directly or indirectly , import , buy , sell or vtter , plant , cherish , or vse , or cause to bee imported , sold , or vttered , cherished , planted , or vsed , in Our Realmes of England , or Ireland , or Dominion of Wales , or in any Isles or places thereunto belonging any Tobacco , of any sort whatsoeuer , which is not of the proper growth of the said Colonies , or one of them ; And that no person whatsoeuer , by any shift or deuice whatsoeuer , doe receiue , or conceale , or colour the Tobacco of any other , so imported , planted , bought , sold , vttered , or vsed within Our sayd Realmes , or Dominions , or the Isles or places aforesaid , or any part thereof , vpon paine of forteiture unto Us , of all such Tobacco so to be imported , bought , sold , planted , vttered , or vsed , contrary to the true meaning of these presents , in whose hands soeuer the same shall be found , and vpon such further paines and penalties , as by the Lawes and Statutes of these Our Realms , or by the Censure of Our Courts of Star-Chamber , in either of Our said Kingdomes respectiuely , can or may be inflicted vpon the offenders , for contempt of this Our Royall Command ; and to be reputed and taken as enemies to Our proceedings , and to those Plantations , which so much concerne Our honour , and the honour and profit of Our State. And Our further will and command is , that all the forreigne Tobacco , of what sort soeuer , which is not of the proper growth of those Plantations or one of them , shall before the fourth day of May , now next ensuing , bee transported out of Our Realmes and Dominions , as by the sayd former Proclamations it was directed and commanded , vpon paine of forfeiture thereof , and vpon the other paines and penalties aforesayd to be inflicted vpon the offenders . And Our pleasure is , That all such forreigne Tobacco may bee freely exported by any person whatsoeuer , without paying to Us , or to Our vse , any Subsidie , or other duetie for the same . Giuen at Our Court at White-Hall , this ninth day of April , in the first yeere of Our Reigne of Great Britaine , France , and Ireland . God saue the King. ¶ Printed at London by Bonham Norton and Iohn Bill , Printers to the Kings most Excellent Maiestie . M.DC.XXV . A22439 ---- By the King a proclamation touching the sealing of tobacco. England and Wales. Sovereign (1625-1649 : Charles I) 1627 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A22439 STC 8857 ESTC S3553 33150449 ocm 33150449 28612 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22439) Transcribed from: (Early English Books Online ; image set 28612) Images scanned from microfilm: (Early English books, 1475-1640 ; 1876:89) By the King a proclamation touching the sealing of tobacco. England and Wales. Sovereign (1625-1649 : Charles I) James I, King of England, 1566-1625. 1 sheet ([1] p.). By Bonham Norton and Iohn Bill, Printers to the Kings most Excellent Maiestie, Imprinted at London : M.DC.XXVII [1627] Requiring Virginia tobacco already imported to be sealed within one month. "Giuen at Our Court at White-Hall, the thirtienth day of March, in the third yeere of Our Reigne of Great Britaine, France, and Ireland. Reproduction of original in: Society of Antiquaries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tobacco industry -- Virginia. Tobacco industry -- Bermuda Islands. Monopolies -- Great Britain -- Early works to 1800. Great Britain -- Colonies -- Commerce. Great Britain -- History -- James I, 1603-1625. Broadsides -- London (England) -- 17th century. 2003-10 TCP Assigned for keying and markup 2003-11 Apex CoVantage Keyed and coded from ProQuest page images 2003-12 Mona Logarbo Sampled and proofread 2003-12 Mona Logarbo Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT . HONI ✚ 〈◊〉 〈◊〉 〈◊〉 Y ✚ PENSE royal blazon or coat of arms ❧ By the King. ¶ A Proclamation touching the Sealing of Tobacco . WHereas We ( by the aduice of Our Commissioners for Our Reuenue ) haue resolued to import a quantity of Spanish Tobacco ( not exceeding fifty thousand weight in any one yeere ) and vtterly to prohibite the importation of any other forreine Tobacco , which is not of the growth of Our owne Plantations , and to prohibite also the planting of all Tobacco within these Our Realmes of England and Ireland , and Islands there to belonging or adiacent , As by Our Proclamation , dated the seuenteenth day of February last ( for the reasons therein expressed ) it doth at large appeare : Now , because Wee are informed , that it will much conduce to Our Seruice , and the setling of that businesse , for the preuenting of the stealing in of all forreine Tobacco , and discouery of the offendours , and for the clearing of all others , who are not offendors , from future trouble , that all the Tobacco of the growth of Our plantations already imported , shal be sealed by Our Commissioners to that purpose appointed , aswell as that which shal be hereafter imported , in such sort as by our sayd Proclamation is already directed , That so the Tobacco of Our Plantations may bee distinguished from the forreine Tobacco , and the Tobacco planted within these Our Realmes , which are prohibited : Our will and command therfore is , and we doe hereby declare & publish Our Royall pleasure to be , That Our said Commissioners appointed by Us for this Seruice , shal with al cōuenient speed , Seale all the Tobacco of the growth of Our said Plantations already imported in such sort , as they are directed to Seale that which shall be hereafter imported . And if any person whatsoeuer , hauing any such Tobacco , of the growth of Our said Plantations , or any of them , which shall refuse to haue the same Sealed , or which shall not offer the same to be Sealed , as aforesayd , and the same shall hereafter , at any time after one moneth , from the date hereof , be discouered , that the same shall bee taken and reputed for forreine Tobacco , or for Tobacco of the growth of these Our Realmes , which hath been prohibited , and which they durst not auow the keeping of , and as such Prohibited Tobacco shal be taken , and seized as other prohibited Tobacco , according to the Tenor and true meaning of Our said former Proclamation , whereof Wee will , that euery person , whom it may concerne , do take notice at their perill . Giuen at Our Court at White-Hall , the thirtieth day of March , in the third yeere of Our Reigne of Great Britaine , France and Ireland . God saue the King. ¶ Imprinted at London by BONHAM NORTON and IOHN BILL , Printers to the Kings most Excellent MAIESTIE . M. DC . XXVII . A22719 ---- A true transcript and publication of His Maiesties letters pattent. For an office to be erected, and called the Publicke Register for generall Commerce Whereunto is annexed an ouerture and explanation of the nature and purport of the said office, for their better vnderstanding and direction that shall haue occasion to vse it, by Sir Arthur Gorges, Knight. England and Wales. Sovereign (1603-1625 : James I) 1611 Approx. 27 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A22719 STC 9226 ESTC S105549 99841276 99841276 5850 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22719) Transcribed from: (Early English Books Online ; image set 5850) Images scanned from microfilm: (Early English books, 1475-1640 ; 1270:18) A true transcript and publication of His Maiesties letters pattent. For an office to be erected, and called the Publicke Register for generall Commerce Whereunto is annexed an ouerture and explanation of the nature and purport of the said office, for their better vnderstanding and direction that shall haue occasion to vse it, by Sir Arthur Gorges, Knight. England and Wales. Sovereign (1603-1625 : James I) Gorges, Arthur, Sir, 1557?-1625. aut James I, King of England, 1566-1625. Cartwright, fl. 1611. Publique Register for Generall Commerce (England and Wales) [44] p. Printed at Britaine Bursse [by William Stansby] for Iohn Budge, and are there to bee sold at his shop, [London] : 1611. The letters patent signed and dated on C1v: Cartvvright. Westminster the fift day of March; in the eighth yeare of our reigne .. Printer's name from STC. Signatures: A-E⁴ F² . Half-title reads: The Publique Register for generall Commerce. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Publique Register for Generall Commerce (England and Wales) -- Early works to 1800. Great Britain -- Commerce -- Early works to 1800. 2005-11 TCP Assigned for keying and markup 2005-11 Apex CoVantage Keyed and coded from ProQuest page images 2006-07 Ali Jakobson Sampled and proofread 2006-07 Ali Jakobson Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion The Publique Register for generall Commerce . A TRVE TRANSCRIPT AND PVBLICATION OF HIS MAIESTIES LETTERS PATTENT . FOR AN OFFICE TO BE ERECTED , AND CALLED THE Publicke Register for generall Commerce . Whereunto is annexed an Ouerture and explanation of the nature and purport of the said Office , for their better vnderstanding and direction that shall haue occasion to vse it , By Sir Arthur Gorges , Knight . Printed at Britaine Bursse for Iohn Budge , and are there to bee sold at his Shop . 1611. IAMES by the grace of God , King of England , Scotland , France , and Jreland , defendor of the Faith , &c. To all to whom th●se Presents shall come , Greeting . Whereas all Trade and Commerce whatsoeuer amongst our w●lbeloued subiects , doth chiefl● consi●t eyther in Buying and Selling , or ●orrowing and Lending : And for that a great defect is daily f●und in the policie of our State for want of some good , trusty and ready meanes of intelligence and intercourse betweene our said Subiects in that behalfe . By meanes wherof , many men oftentimes vpon occasion of necessity and sudden accidents , are inforced to put away and sell landes , leases , or other goods and chattels , to great losse and disaduantage for want of good and ready meanes to giue generall notice and publique intelligence of such their intentions , to many that would ( if they knew thereof ) as willingly buy as the others would gladly sell . ●or redresse and remedy whereof , our trusty and welbeloued seruants Sir Arthur Gorges and Sir Walter Cope Knights , Gentlemen of our priuie Chamber , haue out of their carefull endeauours found out and deuised a most safe , easie and speedy way to the great aduancement , and helpe vnto generall Commerce , and Trade amongst our welbeloued Subiects ; whereby to serue the turnes and occasions aswell of Borrowers as Lenders , and of Buyers as of Sellers , by plaine and direct course of reciprocall intelligence , and interchangeable correspondency , for the ready notice and vnderstanding of one anothers minds . We in our Princely care and prouidence for the generall good of our people ( which we much desire and tender ) haue thought it fit , and iust that the said Sir Arthur Gorges and Sir Walter Cope should receiue from vs some fauourable approbation and lawfull authoritie , to establish , further and aduance this their industrious care and faithfull endeauours for the publique good ; whereby much ease , comfort and benefit would vndoubtedly ensue to our Subiects of this our Realme of England and the Dominions of the same , in the knowledge and vse thereof . Know ye therfore , that we reposing great trust and confidence in the prouidence , integrity and fidelity of the said Sir Arthur Gorges and Sir Walter Cope , for their honest , iust , and r●spectiue dealing herein : of our especial grace , certaine knowledge , and meere motion , haue giuen and granted , and by these presents for Vs , our Heyres and Successors , doe giue and graunt absolute , ful and free license , power and authority vnto the said Sir Arthur Gorges and Sir Walter Cope , th●ir Executors , Administrators and Assignes , and to their Deputy and Deputies , during the terme of one and twenty yeares , next and immediatly ensuing the date of these Presents , to erect , set vp , keepe and maintaine in any places , Cities or Townes within our Realme of England and the Dominions of the same , where the said Sir Arthur Gorges and Sir Walter Cope , their Executors , administrators or a assigns shal thinke most fit and conuenient , a publique Office , roome or place of resort or repaire of people for the notice of Borrowing and Lending of moneyes , and for the better knowledge of buying , selling or exchanging of lands , tenements or hereditaments , leases or any other goods or chattels whatsoeuer , which they or their Deputies shal thinke fit , and worthy to beentred and registred ; and to keepe one or more Kalender or Kalenders , Register or Registers , for the registring of all and singular such lands , tenements , hereditaments , leases , wares ▪ commodities , moneyes , or any other things or chattels , that shall by the meere motion or good liking of the owners themselues , or their Factors for them be brought to such Office and Offices , there to be entred and registred , to be bought , sold , morgaged , pawned , borrowed or lent : which Office in euery Citie , Towne or place where it shall be kept , shall be called by the name of The Publique Register for generall Commerce . And also that it shall and may be lawful , to and for the said Sir Arthur Gorges and Sir Walter Cope , their Executors , administrators or assignes , and their deputie and deputies , of and in the said Office from time to time , during the said terme of one and twenty yeares , to keepe entries , to make searches , and to continue Registers in places conuenient , of all such landes , tenements , hereditaments , leases , goods , chattels , profits , commodities or merchandizes whatsoeuer , which they the said Sir Arthur Gorges and Sir Walter Cope , their Executors , administrators or assignes , or their deputy or deputies , or any of them shall thinke worthy to be entred or registred in the said Office , and that in all things according to the true intent and meaning of these presents , without let , hinderance or interruption of any our louing Subiects whatsoeuer . Yeelding and paying therfore during the terme aforesaid , to Vs , our Heires and Successors , from the feast of Saint Michaell the Archangell next ensuing the date hereof , the yearely rent of forty pounds of lawfull money of England , payable at the two vsuall feasts , of our Lady , and Saint Michaell , by equall portions . And we do therefore by these presents for Vs , our Heyres and Successors , prohibite , forbid , and straightly charge and command all , and euery our Subiects whatsoeuer , that none of them during the said terme of one & twenty years , by these presents granted , doe attempt , vndertake or presume to imitate , erect or exercise any like publique Office or Register of intelligence , or entercourse for Trade and Commerce , vpon paine of our indignation and high displeasure . Alway prouided , that no man bee compelled to make Entrie or Search in the said Office at all , nor when such Entry or Search shall be voluntarily made , shall pay any more for such Search or Entrie then shall please himselfe . And also that euery man bee left to his owne election and free choyce , to vse any Scriuener , Broker , friend , seruant or Factor , or any other for any the causes aforesaid , in as free , liberall , and ample manner as they haue heretofore vsed and accustomed . And that euery man who for secrecy or other causes knowne to himselfe , shall be vnwilling to vse his owne name in the proceedings hereof , may vse the name of his seruant , friend , Factor , or any other at his own will and pleasure . Prouided also , and our will and pleasure is , that the said Sir Arthur Gorges and Sir Walter Cope , or either of them , their , or either of their Executors , administrators , or assignes , shall at or before the feast of Saint Michaell the Archangell , which shall be in the yeare of our Lord God , One thousand , sixe hundred and twelue , finde by experience that they shall not be able by the gains arising by reason of this Office , to defray the maine charges , expences and rent incident to the said Office and Officers ; in respect thereof shall bee minded vtterly to relinquish and giue vp the said Office , and the exercise thereof , and all profite and benefite which thereof may arise or grow ; and the same their or any of their intentions and minds therein , shall signifie vnto the Lord Treasurer of England for the time being , vnder their handes and seales : That then these our Letters Patents , as to them or eyther of them , their or eyther of their Executors , administrators or assignes , or any of them which shall so signifie vnto the said Lord Treasurer of England for the time being , his or their mind and intention , vtterly to relinquish and giue vp the said Office and exercise thereof : and all profits and benefits , which thereof can or may arise or grow , shall be vtterly voide , and the said party or parties , so signifying as is aforesaid , their Executors and administrators to be from the time of such signification , discharged of the said yearely rent , before in these presents reserued , which should afterwardsincurre and grow due ; and the other party and parties clayming interest in the said Office , and other the premises by , and vnder the said Letters Patents , and not so signifying his or their minde and intention , vnder his or their hand and seale vnto the said Lord Treasurer of England for the time being , as is aforesaid ; and their Executors , administrators and assignes , to stand from thenceforth sole Officer and Officers , and bee solely and onely chargeable towards Vs , our Heyres and Successors , for and with the said yearely rent , in and by these Presents reserued ; and for and with all other Couenants , and things , which according to the tenour and true meaning of these presents , ought to bee performed by the said Sir Arthur Gorges and Sir Walter Cope , their Executors , Administrators or assignes , as is aforesaid . In witnesse whereof we haue caused these our Letters to be made Patent . Witnesse our selfe at Westminster the fift day of March ; Jn the eighth yeare of our reigne of England , France , and Jreland : and of Scotland the foure and fortieth . CARTVVRIGHT . Per me de priuato Sigillo ▪ Examinatur per me Thomam Marten . TO THE VNPAR tiall Reader . IN matters of this nature , where a loyal desire hath endeauoured to performe an acceptable seruice to the Common-wealth ; albeit the successe sort not in euery point , answerable to hope and expectation : yet this may stand for a maine com●ort , that the intention tention is free from all publique offence , or priuate wronge , and therefore respects not the taxe or scandall of those malignant humours , which are accustomed to cast corrupt aspertions on honest designes . But because this proiect hath meerly and solely proceeded from mine own poore conceit and labour , ( ayming specially at the aduancement of mutuall Commerce , the bond and sinewes of humane society ) I haue thought good for the auoyding of all doubtfull construction or mistaking ( which might blemish it in the birth ) to deliuer it into the world , with a perspicuous Ouerture and direction concerning the port and vses therof ; because they are but briefly touched , and in generall terms set downe in the Patent . Arthur Gorges . AN OVERTVRE AND EXPLANATIon of the purport and vse of this OFFICE . FIrst , it is to be vnder stood that this Office to be knowne and called by the name of The publique Register for generall Commerce , is indeed but the very resemblance of a publique Market , whereunto all men may freely repaire , and resort to Trade and Traffique , without constraint or restraint , at their owne wils and pleasures . And as in Markets many Commodities are solde and met withall more easily , and better cheape in one selfe place , then by seeking vp and downe the Countrey for them with m●re trouble , and at dearer rates in seuerall places : so is it by the vse and benefite of this Office , which as a publique Market , is solely in his Maiesties power to authorise and priuiledge . Secondly this publique Market is a place which all men may easily finde out and freely repaire vnto , for speedy meanes of helpe vpon any extremity of for feitures of bondes or counter-bonds , or danger of morgages of landes or goods by breach of d●yes , when they know not suddenly where to prouide themselues of moneyes vppon good security ; for that euery man ( especially those that dwell in remote shteres ) is not acquainted with a Broker , nor knowes assuredly where to finde one to serue his turne vpon such vrgent occasion , or if he doe ▪ it will be at a deare rate : which defect this Register shall be able to supply with very conscionable and moderate consideration ; taking nothing of any , but what the parties themselues shall in reason thinke fit and competent for the seruing of their turnes , by the trauell of the Officers . Thirdly , by instance to make it more plaine , such men as haue monies lying by them , that they would expose after eight , nine , or ten in the hundred may , if they please , make it knowne & haue it registred in this Office , wherby such as repaire vnto this Register to borrow , may also receiue notice & direction accordingly for such summes as they desire by as signment from the Officers , if the security be good and liked of . Fourthly , by way of example also to expresse the vse and benefite of this Office for Buying and Selling : Suppose that one hath lands or a house in Wilt-shiere that he would gladly sell , suddenly to raise monies , without too great losse , but knows not how to make it generally knowne to the world ; and that there are some others as desirous to buy lands or a house in that shire at a reasonable rate , and cannot learne nor get knowledge of any such ; yet by recourse to this Register they may easily informe themselues , and haue mutuall intelligence of one anothers mindes perfectly , and readily , albeit they dwell farre asunder ; wher as now many times both parties are in care and cannot serue their turnes accordingly , vndergoing thereby much inconuenience , which this Office with great ease doth remedie . Fiftly , the parties themselues that do either lend or borrow , buy or sell , may ●se it with as great security & secrecy as they shall thinke fit by vsing other mens names then their owne , other places then their owne houses , and other friends or Factors for themselues if they be so disposed . So as by this free , plaine and easie course all men may rest satisfied , that there is no cunning intent by meanes of this Office , to defraude men , nor by the practice thereof to discouer mens wealths or secret estates , further then to themselues shall seeme good . Sixthly , it is neyther desired nor meant that any should leaue their moneyes or goods that they would lend or sell , in the charge or custody of this Office , but in such places as the owners themselues shall thinke most safe and conuenient ; wherby such as would borrow or buy , may ( if they please ) by this Register be directed to those places or persons that would Lend or Sell to serue their ●urns mutually . And by this course all men may rest secure of the integritie and faire dealings that shall bee vsed concerning other mens monies and goods ; which the Patentees se ek not to haue the custody or exposing of for their priuate profit , but will rather auoide the accidents and dangers of such hazards , and losses , as might happen in so great a charge , by mis-reckoning , robbing , or many other waies , which we see so often happens vnto men in their owne priuate houses . And such a misfortune might be both a disparagement to our credits by wrong constructions , and also a taxe and preiudice to the proceeding and reputation of this Office ( which consisting meerely of the good opinion of the world for the iust dealing to be vsed therein ) if it be found contrarie or corrupt , it cannot subsist , but will die in it selfe as vnprofitable . Moreouer wheras manymen dwelling far from London , are now inforced to repaire thither , to their great trauaile & charge to serue their turn ; many waiesin these forenamed kinds ; by the benefite and vse of this Office they shall be much eased . For it is intended ( by the fauour of God ) that in seuerall places of this Realme this publique Register shal be kept in some such chiefe Cities or Townes as shall bee found most conuenient to serue the Countries next about them in these affaires , and to holde correspondency with the Citie of London . Againe , it is very certaine that diuers landes , leases , houses , woods and chattels , which haue beene solde priuately at very low rates , to the no little losse of the owners , would haue bin purchased at more indifferent prices , if they had bin more publiquely knowen : for it often falleth out , that those who would gladly buy such , do seldome or neuer get knowledge of the Sellers intent , till the things desired be past recouery , ●o the preiudice of both parties : which defect this publique Register will be a great meanes to supplie . Furthermore , there are a world of extraordinarie things , which are but few mens monies , and the owners themselues would gladly vent if they knew how , but lie concealed or in effect lost in the sale , because that diuers others , which would as willingly buy such at valuable prices , know not how or where to recouer them . But herein it is to be vnderstood that no commodities of base qualitie or inferiour values shall be entred into this Register , but such as the Officers shall thinke fit to be dealt in , without disparagement of the place . Besides , it often falleth out that men vpon extremity are driuen to pawne things of good value for smal summes , to serue their turnes with monies , vntill they can sell them outright ; wherin they vse the means of Scriueners or Brokers , in whose hands they leaue the said pawnes , setting very reasonable prices on them ; allowing also a reward : and yet notwithstanding it is often s●ene and spoken of , that many Scriueners or Brokers , to whom such things haue beene committed in trust , would neuer vent them at the owners prices , except they might make a greater surplusage to themselues then the rate limited . And by that meanes many haue beene kept in want of such reliefe , as their owne goods would affoord them ; whereby at last their pawnes haue eaten themselues out in vsury , or at least ●aue beene solde to great losse , the owners wanting means to redeeme them : to which grieuance this publique Register may yeelde a comfortable remedy . Moreouer , whereas many conscionable men would willingly expose their monies for eight or nine in the hundred , but cannot make it knowne , and therefore doe put their stockes into the hands of Brokers or Scriueners to imploy for them : so it is , that those Brokers doe for the most part take ten in the hundred for those monies which the owners doe affoord at a cheaper hand ; thereby wronging both the lender and borrower : which inconuenience this publique Register would easily remedy , by giuing all men safe and ready meanes to expose their own monies ; besides the assurance neuer to be deceiued in their trust , which now many times happens when Brokers or Scriueners do chance to fall banckrout . Furthermore , whereas there is daily occasion of returning and paying of monies from one part of the Kingdome to another , by meanes of Trade and Commerce : and therein is found a great defect for want of some safe and speedy meanes of direction , for interchangeable correspondency in that behalfe ( because that men are now inforced eyther to conuey those monies that they are to pay or receiue , by Carriers , Clothiers , or ●eruants , who are many times robbed ; or else men are driuen to be at extraordinary cost , for the returnes of monies , by letters of exchange ) by the vse of this publique Register men may ( if they please ) greatly ease and remedy both these inconueniences . And to expresse the manner of doing it by example ( which is the plainest way of instruction , ) Suppose that if any Gentleman , Merchant or Tradesman of the North , vpon occasion of busines , being come to London , giues notice there vnto this Register , that he can make present payment of monies in Yorke at a certaine day , to serue the turnes of any Londoners , or others in that place , if they will deliuer the like summes in London ; and so accordingly may any Londoners or others search the Register to that or the like intent , whereby to giue himselfe knowledge of any interchangeable correspondency , for payments or receits at Yorke . And in this sort may men mutually vnderstand one anothers mindes for Trade and Commerce , and with no lesse facility and security serue their turnes one of another in matters of this kinde , throughout all those Cities of this Kingdome , where this publique Register shall be erected and kept , which will be free for all men to repaire vnto , at their pleasures . But herein it is to be vnderstood , that this publique Register shall not be made so vulgar , as to bee kept in euery chiefe Citie or Shieretowne within the Realme , but in those necessary and commodious places that shall be found most fit for the publicke good , and to performe those beneficiall Offices that are promised and may be expected by the vse of this publique Register for the aduancement of generall Commerce . Againe , to giue those men that would borrow full satisfaction , how they shall be assured when they come to this Register for direction in that behalfe , and haue giuen the Officer such gratuity , as in reason and out of his owne free will he hath thought fit , in regard of the note or direction deliuered to serue his turne , for the summes that vpon good security he would take vp , and not be disappointed nor lose his reward giuen : Jf it so fall out ( for such accidents may happen ) that either the party that should lend this money be from home , or else how otherwise so disposed of his stocke , ( since the intelligence giuen to this Register ) that he cannot instantly serue the turne of him that would borrow ; let that party againe returne to the Office , and he shal either pr●sently haue another note , whereby to serue his turne , or else he shall receiue the reward that he hath giuen the Officer in that behalfe : Whereby may plainly appeare , that there shall be no shifts vsed eyther to frustrate men of their desired purpose and hope in this Office , or trickes to draw rewards for that , which by the vse of the Office , or trauell of the Officer is not merited . And in this point I haue thought fit to giue good caution ; both for that such chances may sometimes fall out : and besides it is not vnlikely , but that this obiection may be made . And therefore very pertinent to the purpose , and to auoyde doubts ' , plainely to set downe an answer , and certaine resolution , what men may depend vpon , and how they shall be dealt withall in such cases , thereby to auoyde all scruple . And as in matters of borrowing , so vpon occasions of buying , the like course and restitution shall be vsed . But because amongst all these Ouertures and relations , the●e hath not beene any mention made , either when or where this publique Register shall be erected and kept ; the which it may be presumed men will expect should haue beene in this discourse related , touching that point , it is v●ry requisite this much to siy : that the Office is of such a nature , as that it will require many things necessary for the complete ordering and fitting thereof , as also no lesse care and circumspection in the choice of such Officers and Clerkes , as shall be answerable and sutable to that integritie and iust dealing that is promised by the Patent , in the behalfe of the Patentees . Besides , to finde out and fashion a conuenient place fit for this Office could not be done suddenly , nor in hast , consideri●g that our Patent was not past the Seale little more then a moneth since ; and before that time the Patentees n●t assured whether it should passe , or not : and therefore no reason f●r them to make preparation for that which lay not in their owne powers to dispose of . Notwithstanding is it so f●ll out , that the proiect ( in manner as it is expressed ) proue acceptable to the world , in regard of the publique good , which is the true scope and end thereof , this may suffice , that all expedition shal be vsed for the erecting thereof , and sufficient notice giuen by some publique manner of intelligence in what place it shal be kept . Lastly , whereas his excellent Maiestie according to the custome of former times , and of all well policed States , hath in his Princely disposition pleased to giue grace and preferment to diuers honest Proiects and profitable inuentions , which haue truly tended to the publique good , without wronging the particular right of any ; and in that regard hath also vouch safed to grant his Letters Patent for the sole priuiledge and practise of this new inuented Register to the Patentees , if any vndutifull or malignant spirit for a selfe priuate gaine , will expostulate the iustnesse of this proceeding , it is thus truely and briefly answered , That it is in all equity as honourable for his Maiesty , to prouide as good meanes for the ease and benefite of his people in generall ( without any abridgement of former liberty ) as it is lawfull or iust for any priuate Scriuener , Broker , or other , to prouide a course to aduance his owne particular estate and profite , which is often done to the detriment of many . And now that the nature , vse and scope of this publique Register is plainly and truly manifested ▪ I leaue all men to their owne sense and liking , and the successe here f to the eternall guider of all things . FINIS . A22700 ---- Orders, thought meete by his Maiestie, and his Priuie Counsell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same Also, an aduise set downe by the best learned in physicke within this realme, containing sundry good rules and easie medicines, without charge to the meaner sort of people, aswel for the preseruation of his good subiects from the plague before infection, as for the curing and ordering of them after they shalbe infected. England and Wales. Sovereign (1603-1625 : James I) 1603 Approx. 37 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A22700 STC 9209 ESTC S100731 99836561 99836561 842 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A22700) Transcribed from: (Early English Books Online ; image set 842) Images scanned from microfilm: (Early English Books, 1475-1640 ; 1136:23) Orders, thought meete by his Maiestie, and his Priuie Counsell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same Also, an aduise set downe by the best learned in physicke within this realme, containing sundry good rules and easie medicines, without charge to the meaner sort of people, aswel for the preseruation of his good subiects from the plague before infection, as for the curing and ordering of them after they shalbe infected. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. England and Wales. Sovereign (1558-1603 : Elizabeth I). England and Wales. Privy Council. [24] p. By Robert Barker, printer to the Kings most excellent Maiestie, Imprinted at London : Anno 1603. Dated on A2v: 30. of Iuly. 1603. Signatures: A-C⁴. A reprint of "Orders, thought meete by her Majestie, and her privie Councell, to be executed throughout the counties of this realme, in such townes, villages, and other places, as are, or may be hereafter infected with the plague, for the stay of further increase of the same", [1578?]. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Plague -- Great Britain -- Early works to 1800. Plague -- Prevention -- Early works to 1800. Plague -- Treatment -- Early works to 1800. 2006-03 TCP Assigned for keying and markup 2006-03 Aptara Keyed and coded from ProQuest page images 2006-05 Emma (Leeson) Huber Sampled and proofread 2006-05 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion ❧ ORDERS , thought meete by his Maiestie , and his Priuie Counsell , to be executed throughout the Counties of this Realme , in such Townes , Villages , and other places , as are , or may be hereafter infected with the Plague , for the stay of further increase of the same . Also , an Aduise set downe by the best learned in Physicke within this Realme , containing sundry good Rules and easie Medicines , without charge to the meaner sort of people , aswel for the preseruation of his good Subiects from the plague before Infection , as for the curing and ordering of them after they shal be infected . ¶ Jmprinted at London by ROBERT BARKER , Printer to the Kings most Excellent Maiestie . ANNO 1603. ¶ Orders , thought meete by his Maiestie and his Priuie Counsell , to be executed throughout the Counties of this Realme , in such Townes , Villages , and other places as are , or may be hereafter infected with the plague , for the stay of further increase of the same . AS the most louing and gracious care of his MAIESTIE for the preseruation of his people , hath already bene earnestly shewed and declared by such meanes and wayes as were thought expedient to suppresse the grieuous Infection of the Plague , and to preuent the increase thereof , within the City of London , and parts about it ; so whatsoeuer other good meanes may be yet remayning which may extend and proue behouefull to the Countrey abroad ( where his MAIESTIE is sory to vnderstand that the Contagion is also in many places dispersed ) it is likewise his gracious pleasure that the same bee carefully prouided and put in practise . And therefore hauing taken knowledge of certaine good Orders that were vpon like occasion published in times past ; together with certaine rules and Medicines prescribed by the best and most learned Physicians ; and finding both of them , to serue well for the present time , his Maiestie is pleased that the same shal be renewed and published : And withall straightly commandeth all Iustices of the Peace & others to whom it may appertaine , to see the said Orders duely executed . At the Court at Hampton Court this 30. of Iuly . 1603. IN primis , All the Iustices in euery Countie , aswell within the Liberties as without , immediatly vpon knowledge to them giuen , shall assemble themselues together at some one generall place accustomed , being cleare from Infection of the Plague , to consult howe these Orders following may bee duely put in execution , not meaning that any Iustices dwelling in or neere places infected , shall come thither , whiles their comming may be doubtfull . And after their first generall assembly , they shall make a distribution of themselues to sundry limits and diuisions , as in other common seruices of the Countie they are accustomed to doe , for the prosecution thereof . 2 First they shall inquire , and presently informe themselues by all good meanes , what Townes and Villages are at the time of such assemblie infected within euery their Counties , and in what Hundred or other diuision , the sayde Townes and Villages are , and how many of the same places so Infected are corporate Townes , market Townes and Villages , and shall consider of what wealth the inhabitants of the same Townes and Parishes are , to bee able to relieue the poore that are or shall be infected , and to be restrained in their houses . 3 Item , thereupon after conference vsed according to the necessitie of the cause , they shall deuise and make a generall taxation , either by charging the Towne infected with one summe in grosse , or by charging the speciall persōs of wealth within the same , to be forthwith collected for the rate of one moneth at the first , and so if the sickenesse shal continue , the collection of y e like summe , or of more or of lesse , as time and cause shall require , and the same to be euery first , second , third , or fourth weeke employed to and for the execution of the sayd orders . And in case some of the said Townes infected shall manifestly appeare not to be of sufficient abilitie to contribute sufficient for the charges requisite , then the taxation or collection shall bee made or further extended to other parts , or in any other further limits , as by them shall be thought requisite where there shall bee any such Townes or villages so infected , and vnable to relieue themselues . And if the said Townes be scituated in the borders and confines of any other shire , then as the Iustices shall see cause and neede for the greatnesse of the charge requisite , that the parts of the shire ioyning to the Townes infected be not able , they shall write their letters to the next Iustices of the other Shire so confining , to procure by collection some reliefe , as in like cases they are to relieue them , in respect of neere neighbourhood of the place , and for that the same infection may bee the better stayed from the sayd adioyning places , though they be separated by name of the Countie . 4 Item , they shall cause to be appointed in euery Parish aswell infected as not infected , certaine persons to viewe the bodies of all such as shall die , before they be suffered to be buried , and to certifie the minister of the Church and Church-warden , or other principall officers , or their substitutes of what probable disease the sayd persons died : and the said viewers , to haue weekely some allowance , & the more large allowance where the Townes or Parishes bee infected , during the infection , towards their maintenance , to the ende they which shall bee in places infected , may forbeare to resort into the company of others that are sound : and those persons to bee sworne to make true report according to their knowledge , and the choise of them to be made by direction of the Curate of the Church , with three or foure substantiall men of the parish . And in case the sayde viewers either through fauor or corruption , shall giue wrong certificate , or shall refuse to serue being thereunto appointed , then to cause them to be punished by imprisonment , in such sort as may serue for a terrour to others . 5 Item , the houses of such persons out of the which there shall die any of the plague , being so certified by the viewers , or otherwise knowen , or where it shall bee vnderstood , that any person remaineth sicke of the plague , to be closed vp on all parts during the time of restraint , viz. sixe weeks , after the sicknesse be ceased in the same house , in case the said houses so infected shall be within any Towne hauing houses neere adioyning to the same . And if the infection happen in houses dispersed in Villages , and seperated from other houses , and that of necessitie , for the seruing of their cattell , and manuring of their ground , the saide persons cannot continue in their houses , then they to be neuerthelesse restrained from resorting into company of others , either publikely or priuately during the saide time of restraint , and to weare some marke in their vppermost garments , or beare white rods in their handes at such time as they shall goe abroad , and if there be any doubt that the masters and owners of the houses infected , will not duely obserue the directions of shutting vp their doores , specially in the night , then shal there be appointed two or three watchmen by turnes , which shal be sworne to attend and watch the house , and to apprehend any person that shall come out of the house contrary to the order , and the same persons by order of the Iustices , shall be a competent time imprisoned in the stockes in the high way next to the house infected : and furthermore , some speciall marke shall be made and fixed to the doores of euery of the infected houses , and where any such houses shall be Iunes or Alehouses , the signes shall be taken downe for the time of the restraint , and some crosse or other mark set vpon the place thereof to be a token of the sickenesse . 6 Item , they shall haue good regard to chuse honest persons that either shal collect the summes assessed , or shall haue the custodie thereof , and out of the said collection to allot a weekely proportion for the finding of victuall , or fire , or medicines for the poorer sort , during the time of their restraint . And whereas some persons being wel disposed to yeeld almes and reliefe , will be more willing to giue some portions of victual , as corne , bread , or other meate , the same shall be committed to the charge of some special persons , that wil honestly and truely preserue the same , to bee distributed as they shall be appointed for the poore that are infected . 7 Item , to appoint certain persons dwelling within the townes infected , to prouide and deliuer all necessaries of victuals , or any matter of watching or other attendance , to keepe such as are of good wealth being restrained , at their own proper costs and charges , and the poore at the common charges : and the sayde persons so appointed to be ordered , not to resort to any publike assembly during the time of such their attēdance , as also to weare some marke on their vpper garment , or to beare a white rod in their hand , to the end others may auoide their company . 8 Item , that in the Shire towne in euery Countie , and in other great townes meete for that purpose , there may bee prouision bespoken and made , of such preseruatiues and other remedies , which otherwise in meaner townes cannot be readily had , as by the Physicians shall be prescribed , and is at this present reduced into an Aduise made by the Physicians , and nowe printed and sent with the sayd Orders , which may bee fixed in market places , vpon places vsuall for such publique matters , and in other townes in the bodies of the parish Churches , and Chappels , in which aduise onely such things are prescribed , as vsually are to bee had and found in all Countreys without great charge or cost . 9 Item , the Ministers and Curates , and the Churchwardens in euery Parish , shall in writing certifie weekely to some of the Iustices , residing within the Hundred or other limit where they serue , the number of such persons as are infected and do not die , and also of all such as shal die within their Parishes , and their diseases probable wherof they died , and the same to be certified to the rest of the Iustices at their assemblies , which during some conuenient time would be euery one and twenty dayes , and thereof a particular booke kept by the Clerke of the Peace or some such like . 10 Item , to appoint some place apart in each Parish for the buriall of such persons as shall die of the plague , as also to giue order that they bee buried after Sunne setting , and yet neuertheles by day light , so as the Curate bee present for the obseruation of the Rites and Ceremonies prescribed by the Law , foreseeing as much as conueniently he may , to be distant from the danger of infection of the person dead , or of the company that shall bring the corpse to the graue . 11 Item , the Iustices of the whole Countie to assemble once in one & twenty dayes , to examine whether those orders bee duely executed , and to certifie to the Lords of the priuie Councell their proceedings in that behalfe , what Townes and Villages be infected , as also the numbers of the dead , and the diseases whereof they died , and what summes of money are taxed and collected to this purpose , and how the same are distributed . 12 Item , the Iustices of the hundred , where any such infection is , or the Iustices next adioyning thereunto , to assemble once a weeke , to take accompt of the execution of the said Orders , & as they finde any lacke or disorder , either to reforme it themselues , or to report it at the generall assemblie there , to bee by a more common consent reformed . 13 Item , for that the contagion of the plague groweth and encreaseth no way more , then by the vse and handling of such clothes , bedding and other stuffe as hath been worne and occupied by the infected of this disease , during the time of their disease : the sayd Iustices shall in the places infected take such order , that all the said clothes and other stuffe , so occupied by the diseased , so soone as the parties diseased of the plague are all of them either well recouered or dead , be either burnt and cleane consumed with fire , or els ayred in such sort as is prescribed in an especiall article conteined in the Aduise set downe by the Phisicians . And for that peraduenture the losse of such apparel , bedding and other stuffe to be burnt , may be greater then the poore estate of the owners of the same may well beare : it is thought very good and expedient , if it be thought meete it shall bee burnt , that then the sayd Iustices , out of such collections as are to be made within their Counties for the reliefe of the poorer sort that bee infected , allow also to them such summe or sums as to them shall be thought reasonable , in recompense of the losse of their sayd stuffe . 14 Item , the sayd Iustices may put in execution any other Orders that by them at their generall assembly shal be deuised and thought meet , tending to the preseruation of his Maiesties subiects from the infection : and to the end their care and diligence may the better appeare , they shall certifie in writing the said Orders newly deuised : and if any shall wilfully breake and contemne the same or any of the orders herein specified , they shal either presently punish them by imprisonment , or if the persons so contemning them , shall be of such countenance as the Iustices shall thinke meete to haue their faults knowen to his Maiestie , or to the Councell , they shall charge and bind them to appeare before vs , and the contempt duely certified , that there may be a more notorious sharpe example ▪ made by punishment of the same by order of his Maiestie . 15 Item , if there be lacke of Iustices in some parts of the Shire , or if they which are Iustices there shall be for the time absent , in that case the more number of the Iustices at their assembly shall make choice of some conuenient persons to supplie those places for the better executiō hereof . 16 Item , if there be any person Ecclesiasticall or Laye , that shall hold and publish any opinions ( as in some places report is made ) that it is a vain thing to forbeare to resort to the Infected , or that it is not charitable to forbid the same , pretending that no person shall die but at their time prefixed , such persons shall be not onely reprehended , but by order of the Bishop , if they bee Ecclesiasticall , shall be forbidden to preach , and being Lay , shall be also enioyned to forbeare to vtter such dangerous opiniōs vpon paine of imprisonment , which shall be executed , if they shall perseuere in that errour . And yet it shall appeare manifestly by these Orders , that according to Christian charity , no persons of the meanest degree shal be left without succour and reliefe . 17 And of these things aboue mentioned , the Iustices shall take great care , as of a matter specially directed and commaunded by his Maiestie vpon the princely and naturall care hee hath conceiued towards the preseruation of his subiects , who by very disorder , and for lacke of direction do in many parts wilfully procure the increase of this generall contagion . ❧ An aduise set downe by the best learned in Physicke within this Realme : Conteining sundry good Rules and easie Medicines , without charge to the meaner sort of people , as well for the preseruation of his good Subiects from the Plague before infection , as for the curing and ordering of them after they shal be infected . Preseruatiue by correcting the aire in houses . TAke Rosemarie dried , or Iuniper , Bay-leaues , or Frankincense , cast the same on a Chafendish , and receiue the fume or smoke therof : some aduise to be added Lauander , or Sage . Also to make fires rather in Pannes , to remooue about the Chamber , then in Chimneys , shall better correct the ayre of the Houses . Take a quantity of Vineger very strong , and put to it some small quantitie of Rosewater , ten braunches of Rosemarie , put them all into a Basen , then take fiue or sixe Flintstones , heated in the fire till they be burning hote , cast them into the same Vineger , and so let the fumes be receiued from place to place of your house . Perfuming of Apparell . SUch apparell as you shall commonly weare , let it bee very cleane , and perfume it ofen either with some redde Saunders burned , or with Iuniper . And if any shall happen to be with them that are visited , let such persons as soone as they shal come home , shift themselues , and aire their clothes , in open aire for a time . Preseruation by way of defence in open aire , and common assemblies to be vsed outwardly . IT is good in going abroad into the open aire in the streets , to hold some things of sweet sauour in their hands , or in the corner of an handkerchife , as a sponge dipped in Vineger and Rosewater mixed , or in Vineger , wherein Wormewood , or Rue called also Herbegrace , hath bene boyled . Preseruatiue by way of inward medicine . TAke a quantitie of Rue , or Wormewood , or of both , and put it into a pot of vsuall drink , close stopped , let it lie so in steepe a whole night , and drinke thereof in the morning fasting . In all Sommer plagues , it shall be good to vse Sorrel sauce to be eaten in the morning with bread . And in the fall of the leafe to vse the iuyce of Barberies with bread also . Mens bodies are apt to take infection , either By the constitution of the heart , the vital spirits being weake , and the naturall heate feeble , in which case things Cordial are to be vsed . By repletion , the body being filled with humors , either Good , and then is the party to be let blood . Euil , and then is he to be cured w t medicine purgatiue . Preseruatiues Cordials . Mithridates Medicine . TAke of good Figges not wormeaten , cleane washed , of Walnuts the kernels cleane picked , of either of them an hundred , of the leaues of green Rue , otherwise called Herbegrace , the weight of ii . s. of common Salt the weight of iii. d. cut the Figs in pieces , and stampe them & the Walnut kernels together in a morter of marble or wood a good space , vntill they be very small , and then put the Rue leaues vnto them , stampe and stirre them well together with the rest , last put in the Salt and stampe and stirre these things together , vntill they be incorporated and made of one substance . Of the which take the quantitie of ii . or iii. Figges euery morning fasting , to children the halfe will serue , and hee that listeth to increase or diminish the substance of this medicine , shall easily doe it , by taking of a greater or lesse quantity of the simples according to a due proportion . A well approoued Medicine to preserue . TAke of the finest cleare Aloes you can buy , in colour like to a Liuer , & therfore called Hepatica , of Cinamon , of Myrrhe , of ech of these the weight of iii. French crownes , or of xxii . d. of our money , of Cloues , Maces , Lignum Aloes , of Mastick , of Bole Oriental , of ech of these halfe an ounce : mingle them together and beate them into a very fine powder . Of the which take euery morning fasting the weight of a groate of this in white wine delayed with water , and by the grace of God you shall be safe from the Plague . No man which is learned , if he examine the simples of this medicine whereof it consisteth , and the nature and power of them , can deny but that it is a medicine of great efficacy against the Plague , and the simples whereof it is made , are easily to be had in any good Apothecaries shop , except Bole Oriental , which is vsed in the stead of true Bolus Armenus . Take a drie Figge and open it , and put the kernell of a Walnut into the same beeing cut very small , three or foure leaues of Rue commonly called Herbegrace , a corne of Salt , then rost the Figge and eate it warme , fast iii. or iiii . houres after it , and vse this twise in the weeke . Take the powder of Turmentil , the weight of vipence with Sorrel or Scabious water in Sommer , and in Winter with the water of Valerian or common drinke . Or else in one day they may take a little Wormwood , and Valerian with a graine of Salt. In another day they may take vii . or viii . berries of Iuniper , dryed and put in powder , and taking the same with common drinke , or with drinke in which Wormewood & Rue hath ben steeped all the night . Also the triacle called Dietessearoum , which is made but of 4. things of light price easie to be had . Also the roote of Enula Campana , either taken in powder with drinke , or hanged about the brest . Likewise a piece of Arras root kept in the mouth as men passe in the streetes , is very good Cordiall . Take sixe leaues of Sorrell , wash them with water and Vineger , let them lie to steepe in the said water and Vineger a while , then eate them fasting , and keepe in your mouth and chewe now or then either Stewall , or the roote of Angelica , or a little Cinamon . Take the roote of Enula Campana being layde and steeped in Vineger , and grosse beaten , put a little of it in a handkerchiefe , and smell to it if you resort to any that is infected . ¶ For women with child , or such as be delicate and tender , and cannot away with taking of Medicines . MAke a tost of white or of the second breade as you thinke good , and sprinkle on it being hotte a litle good wine Vineger , made with Rose leaues , and for want of it , any good common or vsed Vineger , and spread on the tost a little butter , and cast thereon a little powder of Cinamon , and eate it in the morning fasting . The poore which cannot get Vineger nor buy Cinamon , may eate bread and butter alone : for butter is not onely a preseruatiue against the Plague , but against all maner of poysons . When one must come into the place where infectious persons are , it is good to smell to the roote of Angelica , Gentian , or Valerian , and to chew any of these in his mouth . Another preseruatiue for the poore . IT shal be good to take an handfull of Rue , and as much common Wormewood , and bruse them a little : and put them into a pot of earth or tinne , with so much Vineger as shall couer the herdes : keepe this pot close couered or stopt , and when you feare any infection , dippe into this Vineger a piece of a sponge , and cary it in your hand & smell to it , or else put it into a round ball of Yuorie or Iuniper made full of holes of the one side , carying it in your hand vse to smell thereunto , renewing it once in a day . ❧ To be vsed after Infection taken . FOr as much as the cause of the Plague standeth rather in poyson , then in any putrifaction of humours as other agues doe , the chiefest way is to mooue sweatings , and to defend the heart by some cordiall thing . Suppositarie . IF the patient bee costiue and bound in his bodie , let him take a Suppositarie made with a litle boyled Honie , and a little fine powder of Salt , and so taken in at the Fundament , and kept till it moue a stoole . An excellent Medicine made without charges . TAke of the powder of good Bayberies , the huske taken away from them , before they be dried , a spoonefull : Let the Patient drinke this , well mingled in a draught of good stale Ale or Beere , which is neither sowre nor deade , or with a draught of white Wine , and goe to bed and cast himselfe into a sweate , and forbeare sleepe as is aforesaid . An other soueraigne remedie , that is a stilled water . TAke the inward bark of the Ashe tree , a pound , of Walnuts with the greene outward shelles , to the number of fiftie , cut these smal , of Scabious , of Veruen , of Petimorel , of Housleeke , of euery one a handfull , of Saffron halfe an ounce , powre vpon these the strongest Vineger you can get foure pintes , let them a little boyle together vpon a very soft fire , and then stand in a very close pot well stopt all a night vpon the embers , afterward distill them with a soft fire , and receiue the water close kept . Giue vnto the Patient laide in bed and well couered with clothes , two ounces of this water to drinke , & let him be prouoked to sweate , and euery sixe houres , during the space of twentie foure houres , giue him the same quantitie to drinke . This Medicine for the worthinesse thereof , and because it will stand the maker thereof in little charge , it shall be very well done to distill it in Summer when the Walnuts hang greene on the tree , that it may be ready against the time that occasion serueth to vse it . 1. Bloodletting . IF the Patient be ful of humours which be good , let him immediatly be let blood vpon the Liuer veine in the right arme , or in the Median veine of the same arme ( if no sore appeare ) in the first day . 2. Medicine purgatiue . FOr the Poore take Aloes the weight of sixe pence , put in the pappe of an Apple : and for the richer Pilles of Rufus to bee had in euery good Apothecaries shop . After letting of blood and purging ( as shall bee needfull ) some of the forenamed Cordials are to be vsed . These preparations thus vsed the first day that the Patient shall fall sicke , as cause shall be to vse the one or the other ( no sore appearing ) in which case if the sore shall appeare , they are both to bee forborne , the next is to vse all meanes to expel the poyson , and to defend the heart by Cordials . 3. Medicament expulsiue . THe poyson is expelled best by sweatings prouoked by posset Ale , made with Fenel and Marigolds in Winter , and with Sorrel , Buglosse and Borage in Summer , with the which in both times they must mixe the Triacle of Diatessaroum , the weight of ix . d. & so to lay themselues with all quietnesse to sweat one halfe houre , or an houre if they he strong . For they that be neither full of humours nor corrupt in humours , neede neither purging nor letting of blood , but at the first plunge may mooue themselues to sweate with Cordiall things mixt with such things as mooue sweate , and are before declared . ❧ What is to be done when there is any rising or swelling in any part . THen if by these three meanes the poyson be expelled outward by botches , carbuncles or markes , called Gods markes , according as nature doth expell , so must the further proceedings be , prouiding still , that they continue still in the vse of the cordiall and moderate sweating now and then , all the time that the sores be in healing , which must by the Surgion bee handled with great discretion . Medicines to be vsed in ordinary diet . IT is thought that the powder of Harts horne hath a speciall prerogatiue , to be vsed all the time of their sicknes in their broths , and supping , which in Sommer must euer haue Sorrell , Borage , Buglasse , and in winter , Betony , and Scabious , or Morsus Diaboli , and if their habilities do not serue , let them vse it with Aleburies made with a little Nutmegge , or one Cloue , or with Cawdels in like maner made with Cloues , Maces , Nutmegs , Sanders or such like . Both to preserue and cure the sicknesse . TAke an egge and make a hole in the toppe of it , take out the white and yelke , fill the shell with the weight of two french crownes of Saffron , rost the said egge thus filled with Saffron vnder the embres , vntil the shell begin to waxe yellow , then take it from the fire , and beate the shell and Saffron in a morter together , with halfe a spoonefull of Mustard seed , take of this powder a french crown weight , and as soone as you suspect your selfe infected , dissolue it into ten spoonefuls of posset ale , and drinke it luke warme , then goe to bed and prouoke your selfe to sweating . To be vsed in the first time of the sicknesse . ANother is to take fiue or sixe handfull of Sorell , that groweth in the field , or a greater quantity according as you will distill more or lesse of the water thereof , and let it lie infrised or steeped in good Vineger the space of foure and twentie houres , then take it off and drie it with a linen cloth put into a Limbecke , and distill the water thereof : And assoone as you finde your selfe touched with the sicknesse , drinke foure spoonefuls of the said water with a little sugar , and if you be able , walke vpon it vntill you doe sweate , if not , keepe your bed , and being well couered , prouoke your selfe to sweating , and the next day to take as much againe of it a little before supper . Item , to prouoke vomit with two ounces of ranke oyle , or walnut oyle , a spoonefull of the iuice of Celendine & halfe a spoonefull of the iuice of radice root , so that the party Infected do walke and not sleepe , is better then any letting of blood , or any purging . For the disease neither can suffer agitation of humors , nor when one is infected , hath no time to bleede or to purge . ❧ Outwrrd Medicines for to be applied to the sore . The first ▪ TAke of Scabious two handfuls , stampe it in a stone morter with a pestell of stone if you can get any such , then put vnto it of olde swines grease salted , two ounces , and the yelke of an egge , stampe them well together , and lay part of this warme to the sore . The second . TAke of the leaues of Mallowes , of Camomill flowers , of either of them an handfull , of Linseede beaten into powder two ounces , boyle the Mallow leaues first cut , and the flowers of the Camomill in faire water , standing aboue a fingers breadth , boyle all them together , vntill all the water almost be spent : then put thereunto the Linseede , of Wheate flower halfe an handfull , of swines grease the skins taken away three ounces , of oyle of Roses two ounces , stirre them still with a sticke , and let them all boyle together on a soft fire without smoke , vntill the water be vtterly spent , beate them all together in a morter , vntill they be well encorporated together , and in feeling smooth , and not rough : then make part thereof hot in a dish set vpon a chafindish of coales , and lay it thicke vpon a linnen cloth applying it to the sore . Another excellent Medicine to ripen and bring out the sore . TAke a white Onion cut in pieces , of fresh butter iii. ounces , of Leuen the weight of xii . d. of Mallowes one handfull , of Scabious if it may be had one handfull , of Cloues of Garlicke the weight of xx . d. boyle them on the fire in sufficient water , and make a pultesse of it , and lay it warme to the sore . Another . TO the sore it selfe doe thus . Take two handfull of Valerian , three rootes of Danewort , a handfull of Smalledge , or Louage , if you can get it , seethe them all in butter and water , and a fewe crummes of bread , and make a pultesse thereof , and lay it warme to the sore vntill it breake . Another for the same . IF you cannot haue these herbes , it is good to lay a loafe of bread to it hot as it commeth out of the ouen ( which afterward shal be burnt or buried in the earth ) or the leaues of Scabious or Sorrell rosted , or two or three Lillie rootes rosted vnder embers , beaten and applied . A generall m●dicine for all sortes of people taken with the plague to be had without cost . TAke of the roote of butter burre , otherwise called p●●●●●ent wort , one ounce , of the roote of great Valerian a ●●arter of an ounce , of Sorrell an handfull , boyle all these in a quart of water to a pint , then straine it and put there to two spoonefuls of Vineger two ounces of good Sugar , boyle all these together vntill they be well mingled , let the infected drinke of this so hotte as he may suffer it a good draught , and if hee chance to cast it vp againe , let him take the same quantitie straightway vpon it , and prouoke himselfe to sweate , and he shall find great helpe . Time of continuance apart from common assemblies . SUch as haue beene infected , should keepe their house without being conuersant with y e whole , vntill the sores 〈◊〉 haue 〈…〉 and be perfectly whole and sound , which in sanguine and cholericke persons will bee healed sooner , then in melancho●●ke and flegmatike complexions . SUch persons may not well be conuersant with them which are not infected , for the space of one mo●●th . Infected clothes . THe Contagion suspected to remaine in cloths , either wollen or linnen , cannot wel be auoided by 〈◊〉 meanes , then by fire and water , by often ●●●●ing and ai●ing the same in frostes , and sonne shine , with good discretion , and b●●ning the clothes o● small val●● . FINIS . A04250 ---- A remonstrance of the most gratious King Iames I. King of Great Britaine, France, and Ireland, defender of the faith, &c. For the right of kings, and the independance of their crownes. Against an oration of the most illustrious Card. of Perron, pronounced in the chamber of the third estate. Ian. 15. 1615. Translated out of his Maiesties French copie. Declaration du serenissime Roy Jaques I. Roy de la Grand' Bretaigne France et Irlande, defenseur de la foy. English James I, King of England, 1566-1625. 1616 Approx. 357 KB of XML-encoded text transcribed from 153 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A04250 STC 14369 ESTC S107609 99843307 99843307 8025 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A04250) Transcribed from: (Early English Books Online ; image set 8025) Images scanned from microfilm: (Early English books, 1475-1640 ; 840:06) A remonstrance of the most gratious King Iames I. King of Great Britaine, France, and Ireland, defender of the faith, &c. For the right of kings, and the independance of their crownes. Against an oration of the most illustrious Card. of Perron, pronounced in the chamber of the third estate. Ian. 15. 1615. Translated out of his Maiesties French copie. Declaration du serenissime Roy Jaques I. Roy de la Grand' Bretaigne France et Irlande, defenseur de la foy. English James I, King of England, 1566-1625. Betts, Richard, 1552-1619. [26], 281, [1] p. Printed by Cantrell Legge, printer to the Vniuersitie of Cambridge, [Cambridge] : 1616. A translation by Richard Betts of: Declaration du serenissime Roy Jaques I. Roy de la Grand' Bretaigne France et Irlande, defenseur de la foy. A reply to: Du Perron, Jacques Davy. Harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment. The first leaf is blank except for a fleuron. Running title reads: A defence of the right of kings. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Du Perron, Jacques Davy, 1556-1618. -- Harangue faicte de la part de la chambre ecclesiastique, en celle du tiers estat, sur l'article de serment -- Controversial literature. Prerogative, Royal -- Early works to 1800. Church and state -- England -- Early works to 1800. 2006-04 TCP Assigned for keying and markup 2006-04 Aptara Keyed and coded from ProQuest page images 2006-05 Emma (Leeson) Huber Sampled and proofread 2006-05 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion A REMONSTRANCE OF THE MOST GRATIOVS KING IAMES I. KING OF GREAT BRITTAINE , FRANCE , and IRELAND , Defender of the Faith , &c. FOR THE RIGHT OF KINGS , AND THE independance of their Crownes . AGAINST AN ORATION OF the most Illustrious Card. of PERRON , pronounced in the Chamber of the third Estate . Ian. 15. 1615. Translated out of his Maiesties French Copie . PRINTED BY CANTRELL LEGGE , Printer to the Vniuersitie of Cambridge . 1616. THE PREFACE . I Haue no humour to play the Curious in a forraine Common-wealth , or , vnrequested , to carrie any hand in my neighbours affaires . It hath more congruitie with Royall dignity , wherof God hath giuen me the honour , to prescribe Lawes at home for my Subiects , rather then to furnish forraine Kingdoms and people with counsels . Howbeit , my late entire affection to K. Henrie IV. of happy memorie , my most honoured brother , and my exceeding sorrow for the most detestable parricide acted vpon the sacred person of a King , so complete in all heroicall and Princely vertues ; as also the remembrance of my owne dangers , incurred by the practise of conspiracies flowing from the same source , hath wrought me to sympathize with my friends in their grieuous occurrents : no doubt so much more daungerous , as they are lesse apprehended and felt of Kings themselues , euen when the danger hangeth ouer their owne heads . Vpon whome , in case the power and vertue of my aduertisments be not able effectually to worke , at least many millions of children and people yet vnborne , shall beare me witnes , that in these daungers of the highest nature and straine , I haue not bin defectiue : and that neither the subuersions of States , nor the murthers of Kings , which may vnhappily betide hereafter , shal haue so free passage in the world for want of timely aduertisment before . For touching my particular , my rest is vp , that one of the maynes for which God hath advanced me vpon the loftie stage of the supreme Throne , is , that my words vttered from so eminent a place for Gods honour most shamefully traduced and vilified in his owne Deputies and Lieutenants , might with greater facilitie be conceiued . Now touching France ; faire was the hope which I conceiued of the States assembled in Parliament at Paris . That calling to minde the murthers of their Noble Kings , and the warres of the League which followed the Popes fulminations , as when a great storme of haile powreth down after a thunder-cracke , and a world of writings addressed to iustifie the parricides & the dethronings of Kings , would haue ioyned heads , hearts , and hands together , to hammer out some apt and wholsome remedie against so many fearefull attempts and practises . To my hope was added no little ioy , when I was giuen to vnderstand the third Estate had preferred an Article or Bill , the tenor and substance whereof was concerning the meanes whereby the people might be vnwitched of this pernicious opinion ; That Popes may tosse the French King his Throne like a tennis ball , and that killing of Kings is an act meritorious to the purchase of the crowne of Martyrdome . But in fine , the proiect was encountred with successe cleane contrary to expectation . For this Article of the third Estate , like a sigh of libertie breathing her last , serued only so much the more to inthrall the Crowne , and to make the bondage more grieuous and sensible then before . Euen as those medicines which worke no ease to the patient , doe leaue the disease in much worse tearmes : so this remedie inuented and tendred by the third Estate , did onely exasperate the present maladie of the State : for so much as the operation and vertue of the wholesome remedie was ouermatched with peccant humours , then stirred by the force of thwarting and crossing opposition . Yea much better had it beene , the matter had not beene stirred at all , then after it was once on foote and in motion , to giue the Truth leaue to lie gasping and sprawling vnder the violence of a forraine faction . For the opinion by which the Crownes of Kings are made subiect vnto the Popes will and power , was then avowed in a most Honourable Assemblie by the averment of a Prelate in great authoritie , and of no lesse learning . He did not plead the cause as a priuate person , but as one by representation that stood for the whole bodie of the Clergie . Was there applauded , and seconded with approbation of the Nobilitie . No resolution taken to the contrarie , or in barre to his plea. After praises and thankes from the Pope , followed the printing of his eloquent harangue or Oration , made in full Parliament : a set discourse , maintaining Kings to be deposeable by the Pope , if he speake the word . The saide Oration was not onely printed with the Kings priuiledge , but was likewise addressed to me by the author and Orator himselfe ; who presupposed the reading thereof would forsooth driue me to say , Lord Cardinall , in this high subiect your Honour hath satisfied me to the full . All this poysed in the ballance of equall iudgement , why may not I truly and freely affirme , the said Estates assembled in Parliament haue set Royall Maiestie vpon a doubtfull chance , or left it resting vpon vncertain tearmes : and that now , if the doctrine there maintained by the Clergie should beare any pawme , it may lawfully be doubted , who is King in France ? For I make no question , he is but a titular King that raigneth onely at an others discretion , and whose Princely head the Pope hath power to bare of his Regall Crowne . In temporall matters , how can one be Soveraigne , that may be fleeced of all his temporalties by any superiour power ? But let men at a neere sight marke the pith and marrowe of the Article proposed by the third Estate , and they shall soone perceiue the skilfull Architects thereof aymed onely to make their King a true and reall King , to be recognised for Soueraigne within his own Realme , and that killing their King might no longer passe the muster of works acceptable to God. But by the vehement instance and strong current of the Clergie and Nobles , this was borne down as a pernicious Article , as a cause of schisme , as a gate which openeth to all sorts of heresies : yea there it was maintained tooth and nayle , that in case the doctrine of this Article might go for currant doctrine , it must follow , that for many ages past in sequence , the Church hath bin the kingdome of Antechrist , and the synagogue of Satan . The Pope vpon so good issue of the cause , had reason , I trow , to addresse his letters of triumph vnto the Nobilitie and Clergie , who had so farre approoued themselues faithfull to his Holines ; and to vaunt withall , that he had nipped Christian Kings in the Crowne , that he had giuen them checke with mate , through the magnanimous resolution of this couragious Nobilitie , by whose braue making head the third Estate had bin so valiantly forced to giue ground . In a scornefull reproach he qualified the Deputies of the third Estate , nebulones ex foece plebis , a sort or a number of knaues , the very dregges of the base vulgar , a packe of people presuming to personate well affected Subiects and men of deepe vnderstanding , and to read their masters a learned lecture . Now it is no wonder , that , in so good an office and loyall carriage towards their King , the third Estate hath outgone the Clergie . For the Clergie denie themselues to haue any ranke among the Subiects of the King : they stand for a Soueraigne out of the kingdome , to whome as to the Lord Paramount they owe suit and seruice : they are bound to aduance that Monarchie , to the bodie whereof they properly appertaine as parts or members , as elswhere I haue written more at large . But for the Nobilitie , the Kings right arme , to prostitute and set as it were to sale the dignitie of their King , as if the arme should giue a thrust vnto the head ; I say for the Nobilitie to hold and maintaine euen in Parliament , their King is liable to deposition by any forraine power or Potentate , may it not passe among the strangest miracles and rarest wonders of the world ? For that once granted , this consequence is good and necessarie ; That in case the King , once lawfully deposed , shal stand vpon the defensiue and hold out for his right , he may then lawfully be murthered . Let me then here freely professe my opinion , and this it is : That now the French Nobilitie may seeme to haue some reason to disrobe themselues of their titles , and to transferre them by resignation vnto the third Estate . For that bodie of the third Estate alone hath carried a right noble heart : in as much as they could neither be tickled with promises , nor terrified by threatnings , from resolute standing to those fundamentall points & reasons of State , which most concerne the honor of their King , and the securitie of his person . Of all the Clergie , the man that hath most abandoned , or set his owne honour to sale , the man to whome France is least obliged , is the Lord Cardinall of Perron : a man otherwise inferiour to few in matter of learning , and in the grace of a sweete style . This man in two seuerall Orations , whereof the one was pronounced before the Nobilitie , the other had audience before the third Estate , hath set his best wits on worke , to draw that doctrine into all hatred and infamie , which teacheth Kings to be indeposeable by the Pope . To this purpose he tearmes the same doctrine , a breeder of schismes , a gate that openeth to make way , and to giue entrance vnto all heresies ; in briefe , a doctrine to be held in so high a degree of detestation , that rather then he and his fellow-Bishops will yeild to the signing thereof , they will be contented like Martyrs to burne at a stake . At which resolution , or obstinacie rather in his opinion , I am in a manner amased , more then I can be mooued for the like brauado in many other : for as much as he was many yeares together , a follower of the late King , euen when the King followed a contrarie Religion , and was deposed by the Pope : as also because not long before , in a certaine Assemblie holden at the Iacobins in Paris , he withstood the Popes Nuntio to his face , when the said Nuntio laboured to make this doctrin , touching the Popes temporall Soueraigntie , passe for an Article of faith . But in both Orations , he singeth a contrarie song , and from his owne mouth passeth sentence of condemnation against his former course and profession . I suppose , not without solide iudgement : as one that herein hath well accommodated himselfe to the times . For as in the raigne of the late King , he durst not offer to broach this doctrine ( such was his fore-wit : ) so now he is bold to proclaime and publish it in Parliament vnder the raigne of the said Kings sonne : whose tender yeares and late succession to the Crowne , do make him lie the more open to iniuries , and the more facill to bee circumuented . Such is nowe his after wisedome . Of these two Orations , that made in presence of the Nobility he hath , for feare of incurring the Popes displeasure , cautelously suppressed . For therein hee hath beene somewhat prodigall in affirming this doctrine , maintained by the Clergie , to be but problematicall ; and in taking vpon him to auouch , that Catholikes of my Kingdome are bound to yeeld me the honour of obedience . Wheras on the other side he is not ignorant , how this doctrine of deposing Princes and Kings the Pope holdeth for meerely necessarie , and approoueth not by any meanes allegiance to be performed vnto me by the Catholikes of my Kingdome . Yea if credit may be giuen vnto the abridgement of his other Oration published , wherein he parallels the Popes power in receiuing honours in the name of the Church , with the power of the Venetian Duke in receiuing honours in the name of that most renowned Republike ; no meruaile that when this Oration was dispatched to the presse , hee commaunded the same to be gelded of this clause and other like , for feare of giuing his Holinesse any offensiue distast . His pleasure therefore was and content withall , that his Oration imparted to the third Estate , should bee put in print , and of his courtesie hee vouchsafed to addresse vnto mee a copy of the same . Which after I had perused , I forthwith well perceiued , what and how great discrepance there is betweene one man that perorateth from the ingenuous and sincere disposition of a sound heart , and an other that flaunteth in flourishing speech with inward checkes of his owne conscience . For euery where he contradicts himselfe , and seemes to bee afraid least men should picke out his right meaning . First , he graunts this Question is not hitherto decided by the holy Scriptures , or by the Decrees of the auncient Church , or by the analogie of other Ecclesiasticall proceedings : and neuerthelesse he confidently doth affirme , that whosoeuer maintaine this doctrine to be wicked and abhominable , that Popes haue no power to put Kings by their supreame Thrones , they teach men to beleeue , there hath not beene any Church for many ages past , and that indeede the Church is the very Synagogue of Antechrist . Secondly , hee exhorts his hearers to hold this doctrine at least for problematicall , and not necessarie : and yet herein he calls them to all humble submission vnto the iudgement of the Pope and Clergie , by whome the cause hath beene alreadie put out of all question , as out of all hunger and cold . Thirdly , he doth auerre , in case this Article be authorized , it makes the Pope in good consequence to bee the Antechrist : and yet he graunts that many of the French are tolerated by the Pope to dissent in this point from his Holinesse ; prouided , their doctrine be not proposed as necessarie , and materiall to faith . As if the Pope in any sort gaue toleration to hold any doctrine contrarie to his owne , and most of all that doctrine which by consequence inferres himselfe to be the Antechrist . Fourthly , he protesteth forwardnesse to vndergoe the flames of Martyrdome , rather then to signe this doctrine , which teacheth Kings Crowns to sit faster on their heads , then to be stirred by any Papal power whatsoeuer : and yet saith withall , the Pope winketh at the French , by his toleration to hold this dogmatical point for problematicall . And by this meanes , the Martyrdome that he affecteth in this cause , will prooue but a problematicall Martyrdome , whereof question might growe very well , whether it were to be mustered with grieuous crimes , or with phreneticall passions of the braine , or with deserued punishments . Fiftly , hee denounceth Anathema , dischargeth maledictions like haile-shot , against parricides of Kings : and yet elsewhere he layes himselfe open to speake of Kings onely so long as they stand Kings . But who doth not know that a King deposed is no longer King ? And so that limme of Satan , which murthered Henrie III. then vn-king'd by the Pope , did not stabbe a King to death . Sixtly , he doth not allowe a King to be made away by murder : and yet hee thinkes it not much out of the way , to take away all meanes whereby hee might be able to stand in defence of his life . Seuenthly , he abhorreth killing of Kings by apposted throat-cutting , for feare least bodie and soule should perish in the same instant : and yet he doth not mislike their killing in a pitcht field , and to haue them slaughtered in a set battaile . For he presupposeth , no doubt out of his charitable mind , that by this meanes the soule of a poore King so dispatched out of the way shall instantly flie vp to heauen . Eightly , hee saith a King deposed retaineth still a certaine internall habitude and politike impression , by vertue and efficacie whereof hee may , being once reformed and become a new man , be restored to the lawfull vse and practise of Regality . Whereby hee would beare vs in hand , that when a forraine Prince hath inuaded and rauenously seised the Kingdome into his hands , he will not onely take pitty of his predecessor to saue his life , but will also prooue so kind-hearted , vpon sight of his repentance , to restore his kingdome without fraude or guile . Ninthly , he saith euery where in his Discourse , that he dealeth not in the cause , otherwise then as a problematicall discourser , and without any resolution one way or other : and yet with might and maine he contends for the opinion , that leaues the States and Crownes of Kings controulable by the Pope : refutes obiections , propounds the authoritie of Popes and Councils , by name the Lateran Councill vnder Innocent III. as also the consent of the Church . And to crosse the Churches iudgment , is , in his opinion to bring in schisme , and to leaue the world without a Church for many hundred yeares together : which ( to my vnderstanding ) is to speake with resolution , and without all hesitation . Tenthly , he acknowledgeth none other cause of sufficient validitie for the deposing of a King , besides heresie , apostasie , and infidelitie : neuertheles that Popes haue power to displace Kings for heresie and apostasie , he prooueth by examples of Kings whom the Pope hath curbed with deposition , not for heresie , but for matrimoniall causes , for ciuill pretences , and for lacke of capacitie . Eleuenthly , he alledgeth euerie where passages , as well of holy Scripture as of the Fathers and moderne histories ; but so impertinent , and with so little truth , as hereafter we shall cause to appeare , that for a man of his deepe learning and knowledge , it seemeth not possible so to speake out of his iudgement . Lastly , whereas all this hath beene hudled and heaped together into one masse , to currie with the Pope : yet he suffereth diuerse points to fall from his lips , which may well distast his Holinesse in the highest degree . As by name , where he prefers the authoritie of the Councill before that of the Pope , and makes his iudgement inferiour to the iudgement of the French ; as in fit place hereafter shall be shewed . Againe , where he representeth to his hearers the decrees of Popes and Councils alreadie passed concerning this noble subiect : and yet affirmes that he doth not debate the question , but as a Questionist , and without resolution . As if a Cardinall should be afraid to be positiue , and to speake in peremptory straines , after Popes and Councils haue once decided the Question . Or as if a man should perorate vpon hazard , in a cause for the honour whereof he would make no difficulty to suffer Martyrdome . Adde hereunto , that his Lordshippe hath alwaies taken the contrary part heretofore , and this totall must needs arise , that before the third Estate , his lippes looked one way , and his conscience another . All these points , by the discourse which is to followe , and by the ripping vp of his Oration ( which by Gods assistance J will vndertake ) tending to the reproach of Kings , and the subuersion of Kingdomes , I confidently speake it , shall be made manifest . Yet doe I not conceiue it can any way make for my honour , to enter the lists against a Cardinall . For J am not ignorant how far a Cardinals Hat , commeth vnder the Crowne & Scepter of a King. For wel I wot vnto what sublimity the Scripture hath exalted Kings , when it styles them Gods : Whereas the dignitie of a Cardinall is but a late vpstart inuention of man ; as I haue elswhere prooued . But I haue imbarqued my selfe in this action , mooued thereunto ; first by the common interest of Kings in the cause it selfe : Then by the L. Cardinal , who speaketh not in this Oration as a priuate person , but as one representing the body of the Clergie and Nobilitie , by whom the cause hath beene wonne , and the garland borne away from the third Estate . Againe , by mine owne particular : because he is pleased to take me vp for a sower of dissention , and a persecutor , vnder whom the Church is hardly able to fetch her breath ; yea , for one by whome the Catholikes of my Kingdome are compelled to endure all sorts of punishment : and withall he tearmes this Article of the third Estate , a monster with a fishes tayle that came swimming out of England . Last of all , by the present state of France ; because Fraunce beeing nowe reduced to so miserable tearmes , that it is nowe become a crime for a Frenchman to stand for his King ; it is a necessary duty of her neighbours to speake in her cause , and to make triall whether they can put life into the truth now dying , and readie to bee buried by the power of violence , that it may resound and ring againe from remote regions . I haue no purpose once to touch many prettie toyes which the ridges of his whole booke are sowed withall . Such are his allegations of Pericles , Agesilaus , Aristotle , Minos , the Druides , the French Ladies , Hannibal , Pindarus , and Poeticall fables . All resembling the red and blew flowers that pester the corne when it standeth in the fields , where they are more noysome to the growing croppe , then beautifull to the beholding eye . Such pettie matters , nothing at all beseemed the dignity of the Assembly , and of the maine subiect , or of the Orator himselfe . For it was no Decorum to enter the Stage with a Pericles in his mouth , but with the sacred Name of God : nor should he haue marshalled the passage of a Royal Poet , after the example of an heathen Oratour . Neither will I giue any touch to his conceit of the Romane conquests , which the L. Cardinall bestoweth in the list of Gods graces and temporall blessings , as a recompence of their zeale to the seruice and worship of Idols . As if God were a recompencer of wickednes , or as if the forcible eiecting of tenants out of their frames and other possessions , might bee reckoned among the blessings of God. Nor to that of the Milesian Virgins , dragged starre-naked after they were dead ; which the L. Cardinall drawes into his discourse for an example of the eternall torments denounced by the Lawes Ecclesiasticall , to be inflicted after this life . Nor to his exposition of the word Problematicall : where he giueth to vnderstand that by Problematicall , he meaneth such things as are of no necessitie to matter of faith ; and in case men shall beleeue the contradictorie of the said points , they are not bound for such beleefe , to vndergoe the solemne curse of the Church , and the losse of communion . Whereas Aristotle , of whom all Schooles haue borrowed their tearmes , hath taught vs that euery proposition is called a Probleme , when it is propounded in a formall doubt , though in it proper nature it containes a necessary truth , concerning the matter thereof . As for example , to say in forme of question , Whether is there but one God ? or , Whether is man a creature indued with reason ? By which examples it is plaine , that propositions in problematically forme , doe not forgoe the necessitie of their nature ; and that many times the contradictorie binds the beleeuers therof to Anathema and losse of communion . There is a confused heape or bundle of otherlike toyes , which my purpose is to passe ouer in silence , that I may now come to cast anchor , as it were in the very bottome and substance of the cause . HONI SOIT QVI MAL Y PENSE A REMONSTRANCE OF THE MOST GRATIOVS King of Great BRITTAINE , FRANCE , and IRELAND , Defender of the Faith , &c. FOR THE RIGHT OF KINGS , AND the independencie of their Crownes : AGAINST AN ORATION OF the most Illustrious Cardinall of PERRON , pronounced in the Chamber of the third Estate . The 15. of Ianuar. 1615. THE L. Cardinall euen in the first passage of his Oration , hath laid a firme foundation , That Ecclesiastics in France are more deepely obliged to the King , then the Nobilitie , and third Estate . His reason : Because the Clergie do sweetly enioy their dignities and promotions , with all their infinite wealth , of the Kings meere grace , without all danger , and with faire immunities ; whereas the other two Orders hold their offices by a chargeable and burdensome title or tenure , euen to the great expence of their blood , & of their substance . But see now , how loose and weake a frame he hath erected and pinned together , vpon his firme and solide foundation : Ergo , the third Estate is to lay all care to prouide remedies against apposted cut-throats , vpon the Clergy : & the said remedies ( as he boldly affirms ) must be deriued from the laws of conscience , which may carry an effectuall acting or operatiue efficacie vpon the soule , & nor from ciuil or temporall punishments . Now this consequence limpeth like a lame creple after the premises . For it is no vsuall & common matter , to see men that are deepest in obligation , performe their duties and couenants with most fidelity . Againe , were it graunted the Clergie had wel hitherto demonstrated their carefull watching ouer the life and honour of their Prince ; yet is it not for spirituall punishments thundred by Ecclesiastics , to bind the hands of the ciuill Magistrate , nor to stop the current of temporall punishments : which ordinarily doe carrie a greater force and vertue to the bridling of the wicked , then the apprehension of Gods iudgement . The third Estate therefore , by whom all the Officers of France are properly represented , as to whome the administration of iustice and protection of the Kings rights and Honour doth appertaine , can deserue no blame in carrying so watchfull an eye , by their wholesome remedie to prouide for the safetie of the King , and for the dignitie of his Crowne . For if the Clergie shall not stand to their tackle , but shrinke when it commeth to the push of their dutie ; who shall charge themselues with carefull foresight and preuention of mischiefes ? Shall not the people ? Now , haue not all the calamities , which the third Estate haue sought prouidently to preuent ; haue they not all sprung from the Clergie , as from their proper and naturall fountaine ? From whence did the last ciuill warres , wherein a world of blood was not more profusely then prodigiously and vnnaturally spilt , and wherein the parricide of King Henrie III. was impiously and abominably committed : from whence did those bloodie warres proceed , but from the deposing of the said King by the Head of the Church ? Were they not Prelats , Curats , and Confessours ; were they not Ecclesiastics , who partly by seditious preachments , and partly by secret confessions , powred many a jarre of oyle vpon this flame ? Was not he that killed the forenamed King , was not he one of the Clergie ? Was not Guignard a Iesuit ? Was not Iohn Chastel brought vp in the same schoole ? Did not Ravaillac that monster of men , vpon interrogatories made at his examination ; among the rest , by whom he had been so diabolically tempted and stirred vp to his most execrable attempt and act of extreme horror : did not the referre his examiners to the Sermons made the Lent next before , where they might be satisfied concerning the causes of his abominable vndertaking and execution ? Are not Bellarmine , Eudaemonoiohannes , Suarez , Becanus , Mariana , with such other monsters , who teach the doctrine of parricides , vphold the craft of Ianus-like equiuocations in Courts of Iustice , and in secret confessions : are they not all Clerics ? are not all their bookes approoued and allowed , as it were by a corporation or grosse companie of Doctors , with their signes manuel to the saide bookes ? What were the heads , the chiefe promoters , the complices of the powder-conspiracie in my Kingdom ? were they not Ecclesiastics ? Hath not Faux by name , a confederate of the same demned crew ; hath not he stoutly stood to the gunners part , which then he was to act in that most dolefull Tragedie , with asseueration of a conscience well assured and setled , touching the lawfulnes of his enterprise ? Did he not yeild this reason ? to wit , because he had beene armed with instruction of musket proofe in the case , before he made passage ouer from the Low Countries ? Is it not also the generall beleefe of that Order , that Clerics are exempted from the condition of Subiects to the King ? Nay , is it not confessed by the L. Cardinall himselfe , that King-killers haue ingaged themselues to vndertake the detestable act of parricide vnder a false credence of Religion , as beeing instructed by their schoolemasters in Religion ? And who were they but Ecclesiasticall persons ? All this presupposed as matter of truth , I draw this conclusion : Howsoeuer no smal number of the French Clergie may perhaps beare the affection of louing Subiects to their King , and may not suffer the Clericall character to deface the impression of naturall allegiance ; yet , for so much as the Order of Clerics is dipped in a deeper die , and beareth a worse tincture of daungerous practises then the other Orders ; the third Estate had beene greatly wanting to their excellent prouidence and wisdome , if they should haue relinquished and transferred the care of designements and proiects for the life of their King , and the safetie of his Crowne , to the Clergie alone . Moreouer , the Clergie standeth bound to referre the iudgment of all matters in controuersie , to the sentence of the Pope , in this cause beeing a partie , and one that pretendeth Crownes to depend vpon his Mitre . What hope then might the third Estate conceiue , that his Holinesse would passe against his own cause , when his iudgment of the controuersie had been sundrie times before published and testified to the world ? And whereas the plot or modell of remedies proiected by the third Estate , and the Kings Officers , hath not prooued sortable in the euent : was it because the said remedies were not good and lawfull ? No verily : but because the Clergie refused to become contributors of their duty & meanes to the grand seruice . Likewise , for that after the burning of bookes , addressed to iustifie rebellious people , traytors , and parricides of Kings ; neuerthelesse the authors of the said bookes are winked at , and backt with fauour . Lastly , for that some wretched parricides drinke off the cuppe of publike iustice ; whereas to the firebrands of sedition , the sowers of this abominable doctrine , no man saith so much as blacke is their eye . It sufficiently appeareth , as I suppose , by the former passage , that his Lordship exhorting the third Estate to refer the whole care of this Regall cause vnto the Clergie , hath tacked his frame of weake ioynts and tenons to a very worthy but wrong foundation . Howbeit , he laboureth to fortifie his exhortation with a more weak & feeble reason . For to make good his proiect he affirmes , that matters and maximes out of all doubt & question , may not be shuffled together with points in controuersy . Now his rules indubitable are two : The first , It is not lawfull to murther Kings for any cause whatsoeuer . This he confirmeth by the example of Saul ( as he saith ) deposed from his Throne , whose life or limbs Dauid neuerthelesse durst not once hurt or wrong for his life . Likewise he confirmes the same by a Decree of the Council held at Constance . His other point indubitable . The Kings of France are Soueraignes in all Temporall Soueraigntie , within the French Kingdome , and hold not by fealtie either of the Pope , as hauing receiued or obliged their Crownes vpon such tenure and condition , or of any other Prince in the whole world . Which point , neuerthelesse he takes not for certen and indubitable , but onely according to humane and historicall certentie . Now a third point he makes to be so full of controuersie , and so farre within the circle of disputable questions , as it may not be drawne into the ranke of classicall and authenticall points , for feare of making a certen point doubtfull , by shuffling and jumbling therewith some point in controuersie . Now the question so disputable , as he pretendeth , is this . A Christian Prince breakes his oath solemnly taken to God , both to liue and to die in the Catholique Religion . Say this Prince turnes Arrian , or Mahometan , fals to proclaime open warre , and to wage battel with Iesus Christ . Whether may such a Prince be declared to haue lost his Kingdome , and who shall declare the Subiects of such a Prince to be quit of their oath of allegiance ? The L. Cardinall holds the affirmatiue , and makes no bones to maintaine , that all other parts of the Catholique Church , yea the French Church euen from the first birth of her Theologicall Schooles , to Calvins time and teaching , haue professed that such a Prince may be lawfully remooued from his Throne by the Pope , and by the Council : and suppose the contrarie doctrine were the very Quintessence or spirit of truth , yet might it not in case of faith be vrged and pressed otherwise then by way of problematicall disceptation . That is the summe of his Lordsh ▪ ample discourse . The refuting whereof , I am constrained to put off , and referre vnto an other place ; because he hath serued vs with the same dishes ouer & ouer againe . There we shall see the L. Cardinall maketh way to the dispatching of Kings after deposition : that Saul was not deposed , as he hath presumed : that in the Council of Constance there is nothing to the purpose of murthering Soueraigne Princes : that his Lordship , supposing the French King may be depriued of his Crowne by a superiour power , doth not hold his liege Lord to be Soueraigne in France : that by the position of the French Church from age to age , the Kings of France are not subiect vnto any censure of deposition by the Pope : that his Holinesse hath no iust and lawful pretence to produce , that any Christian King holds of him by fealtie , or is obliged to doe the Pope homage for his Crowne . Well then , for the purpose : he dwelleth onely vpon the third point pretended questionable , and this he affirmeth : If any shall condemne , or wrappe vnder the solemne curse , the abettors of the Popes power to vnking lawfull and Soueraigne Kings ; the same shall runne vpon fowre dangerous rocks of apparant incongruities and absurdities . First , he shall offer to force and intangle the consciences of many deuout persons : For hee shall bind them to beleeue and sweare that doctrine , the contrary whereof is beleeued of the whole Church , and hath beene beleeued by their predecessors . Secondly , he shall ouerturne from top to bottome the sacred authoritie of holy Church , and shall set open a gate vnto all sorts of heresie , by allowing lay-persons a bold libertie to be iudges in causes of religion and faith . For what is that degree of boldnesse , but open vsurping of the Priesthood ; what is it but putting of prophane hands into the Arke ; what is it but laying of vnholy fingers vpon the holy Censor for perfumes ? Thirdly , he shal make way to a schisme , not possible to be put by and auoided by any humane prouidence . For this doctrine beeing held and professed by all other Catholicks ; how can we declare it repugnant vnto Gods word ; how can we hold it impious ; how can we accompt it detestable , but we shall renounce communion with the head and other members of the Church ; yea , we shall confesse the Church in all ages to haue been the Synagogue of Satan , and the spouse of the Deuill ? Lastly , by working the establishment of this Article , which worketh an establishment of Kings Crownes ; He shall not onely worke the intended remedy for the danger of Kings , out of all the vertue and efficacie thereof , by weakening of doctrine out of all controuersie , in packing it vp with a disputable question ; but likewise in stead of securing the life and estate of Kings , hee shall draw both into farre greater hazards , by the trayne or sequence of warres , and other calamities which vsually waite and attend on schismes . The L. Cardinall spends his whole discourse in confirmation of these foure heads , which we now intend to sift in order , and demonstratiuely to prooue that all the said inconueniences are meere nullities , matters of imagination , and built vpon false presuppositions . But before we come to the maine , the reader is to be informed and aduertised , that his Lordship setteth a false glosse vpon the question ; and propounds the case not onely contrary to the truth of the subiect in controuersie , but also to the Popes owne minde and meaning . For he restrains the Popes power to depose Kings onely to cases of heresie , Apostasie , and persecuting of the Church ; whereas Popes extend their power to a further distance . They depose Princes for infringing , or in any sort diminishing the priuiledges of Monasteries : witnesse Gregorie the first in the pretended charter graunted to the Abbay of S. Medard at Soissons , the said charter beeing annexed to his Epistles in the rere . The same he testifieth in his Epistle to Senator , by name the 10. of the eleuenth booke . They depose for naturall dulnesse and lacke of capacitie , whether inbred and true indeed , or onely pretended and imagined : witnesse the glorious vaunt of Gregorie VII . that Childeric King of France was hoysted out of his Throne by Pope Zacharie , Not so much for his wicked life , as for his vnablenes to beare the weightie burden of so great a Kingdome . They depose for collating of Benefices and Prebends : witnesse the great quarrells and sore contentions between Pope Innocent III. and Iohn King of England : as also betweene Philip the Faire and Boniface VIII . They depose for adulteries and matrimoniall suites : witnesse Philip. 1. for the repudiating or casting off his lawfull wife Bertha , and marrying in her place with Bertrade wife to the Earle of Aniou . Finally , faine would I learne into what heresie or degree of Apostasie , either Henrie IV. or Freder . Barbarossa , or Frederic 2. Emperours were fallen , when they were smitten with Papall fulminations euen to the depriuation of their Imperiall Thrones . What ? was it for heresie or Apostasie that Pope Martin IV. bare so hard a hand against Peter King of Arragon , that he acquitted and released the Arragonnois from their oath of allegiance to Peter their lawfull King ? Was it for heresie or Apostasie , for Arrianisme or Mahumetisme , that Lewis XII . so good a King and Father of his Countrey , was put downe by Iulius the II ? Was it for heresie or Apostasie , that Sixtus 5. vsurped a power against Henrie III. euen so farre as to denounce him vn-kingd ; the issue whereof was the parricide of that good King , and the most wofull desolation of a most flourishing Kingdome ? But his Lordship best liked to worke vpon that ground , which to the outward shew & appearance , is the most beautifull cause that can be alledged for the dishonouring of Kings by the weapon of deposition : making himselfe to beleeue that he acted the part of an Orator before personages not much acquainted with auncient and moderne histories , and such as little vnderstood the state of the question then in hand . It had therefore beene a good warrant for his Lordship , to haue brought some authentical instrument from the Pope , whereby the French might haue beene secured , that his Holinesse renounceth all other causes auouchable for the degrading of Kings ; and that he will henceforth rest in the case of heresie , for the turning of Kings out of their free-hold : as also that his Holinesse by the same or like instrument , might haue certified his pleasure , that he will not hereafter make himselfe iudge , whether Kings be tainted with damnable heresie , or free from hereticall infection . For that were to make himselfe both iudge and plaintiffe , that it might be in his power to call that doctrine heretical , which is pure orthodoxe : and all for this ende , to make himselfe master of the Kingdome , and there to settle a Successor , who receiuing the Crowne of the Popes free gift and graunt , might be tyed thereby to depend altogether vpon his Holines . Hath not Pope Boniface VIII . declared in his proud letters all those to be heretickes , that dare vndertake to affirme , the collating of Prebends appertaineth to the King ? It was that Popes grosse error , not in the fact , but in the right . The like crime forsooth was by Popes imputed to the vnhappie Emperour Henrie IV. And what was the issue of the said imputation ? The sonne is instigated thereby to rebell against his father , and to impeach the interment of his dead corps , who neuer in his life had beate his braines to trouble the sweet waters of Theologicall fountaines . It is recorded by Auentine , that Bishop Virgilius was declared heretique , for teaching the position of Antipodes . The Bull Exurge , marching in the rere of the last Lateran Council , sets downe this position for one of Luthers heresies , A new life is the best repentance . Among the crimes which the Council of Constance charged Pope Iohn XXIII . withall , one was this : that hee denied the immortalitie of the soule , and that so much was publiquely , manifestly , and notoriously knowne . Now if the Pope shall bee carried by the streame of these or the like errors , and in his hereticall prauitie shall depose a King of the contrary opinion , I shall hardly bee perswaded , the said King is lawfully deposed . The first Inconvenience examined . THE first inconuenience growing ( in the Cardinall his conceit ) by entertaining the Article of the third Estate ( whereby the Kings of France are declared to be indeposeable by any superiour power spirituall or temporall ) is this : It offereth force to the conscience , vnder the penaltie of Anathema , to condemne a doctrine beleeued and practised in the Church , in the continuall current of the last eleuen hundred yeares . In these words he maketh a secret confession , that in the first fiue hundred yeeres , the same doctrin was neither apprehended by faith , nor approoued by practise . Wherein , to my vnderstanding , the L. Cardinall voluntarily giueth ouer the suite . For the Church in the time of the Apostles , their disciples , and successors , for 500. yeares together , was no more ignorant what authoritie the Church is to challenge ouer Emperours and Kings , then at any time since in any succeeding age : in which as pride hath still flowed to the height of a full Sea , so puritie of religion and manners hath kept for the most part at a lowe water-marke . Which point is the rather to be considered , for that during the first 500. yeres , the Church groned vnder the heauy burthen , both of heathen Emperours , and of hereticall Kings ; the Visigot Kings in Spaine , and the Vandals in Affrica . Of whose displeasure the Pope had small reason or cause to stand in any feare , beeing so remote from their dominions , and no way vnder the lee of their Soueraigntie . But let vs come to see , what aide the L. Cardinall hath amassed and piled together out of later histories : prouided wee still beare in mind , that our question is not of popular tumults , nor of the rebellion of subiects making insurrections out of their owne discontented spirits and brain-sicke humors , nor of lawfull Excommunications , nor of Canonicall censures and reprehensions ; but onely of a iuridicall sentence of deposition , pronounced by the Pope , as armed with ordinary and lawfull power to depose , against a Soueraigne Prince . Now then ; The L. Cardinall sets on , and giues the first charge with Anastasius the Emperour , whome Euphemius Patriarke of Constantinople would neuer acknowledge for Emperour : ( that is to say , would neuer consent he should be created Emperour by the help of his voice or suffrage ) except he would first subscribe to the Chalcedon Creed : notwithstanding the great Empresse and Senate sought by violent courses and practises to make him yeeld . And when afterward the said Emperour , contrary to his oath taken , played the relaps by falling into his former heresie , and became a persecutor ; he was first admonished , and then excommunicated by Symmachus Bishop of Rome . To this the L. Cardinall addes , that when the said Emperour was minded to choppe the poison of his hereticall assertions into the publique formes of diuine seruice , then the people of Constantinople made an vproare against Anastasius their Emperour ; and one of his Commanders by force of armes , constrained him to call backe certaine Bishops whome he had sent into banishments before . In this first example the L. Cardinall by his good leaue , neither comes close to the question , nor salutes it a farre off . Euphemius was not Bishop of Rome : Anastasius was not deposed by Euphemius ; the Patriarch onely made no way to the creating of Anastasius . The suddaine commotion of the base multitude makes nothing , the rebellion of a Greeke Commaunder makes lesse , for the authorizing of the Pope to depose a Soueraigne Prince . The Greek Emperour was excommunicated by Pope Symmachus : who knowes whether that be true or forged ? For the Pope himselfe is the onely witnesse here produced by the Lord Cardinall vpon the point : and who knowes not how false , how suppositious , the writings and Epistles of the auncient Popes are iustly esteemed ? But graunt it a truth ; yet Anastasius excommunicated by Pope Symmachus , is not Anastasius deposed by Pope Symmachus . And to make a full answer , I say further , that excommunication denounced by a forraine Bishop , against a party not beeing within the limits of his iurisdiction , or one of his owne flock , was not any barre to the party from the communion of the Church , but onely a kind of publication , that he the said Bishop in his particular , would hold no further communion with any such party . For proofe whereof , I produce the Canons of the Councils held at Carthage . In one of the said Canons it is thus prouided and ordained ; * If any Bishop shall wilfully absent himselfe from the vsual and accustomed Synodes , let him not be admitted to the communion of other Churches , but let him onely vse the benefit and libertie of his owne Church . In an other of the same Canons thus ; * If a Bishop shall insinuate himselfe to make a conueiance of his Monasterie , and the ordering thereof vnto a Monke of any other Cloister ; let him be cut off , let him bee separated from the communion with other Churches , and content himselfe to liue in the communion of his owne flocke . In the same sense Hilarius Bishop of Poictiers excommunicated Liberius Bishop of Rome , for subscribing to the Arrian Confession . In the same sense , Iohn Bishop of Antioch excommunicated Caelestine of Rome , and Cyrill of Alexandria , Bishops ; for proceeding to sentence against Nestorius , without staying his comming to answer in his owne cause . In the same sense likewise , Victor Bishop of Rome did cut off all the Bishops of the East , not from the communion of their owne flocks , but from communion with Victor and the Romane Church . What resemblance , what agreement , what proportion , betweene this course of excommunication , and that way of vniust fulmination which the Popes of Rome haue vsurped against Kings , but yet certaine long courses of time after that auncient course ? And this may stand for a full answer likewise to the example of Clotharius . This auncient King of the French , fearing the censures of Pope Agapetus , erected the territorie of Yuetot vnto the title of a Kingdome , by way of satisfaction for murdering of Gualter , Lord of Yuetot . For this example the L. Cardinall hath ransackt records of 900. yeeres antiquitie and vpward ; in which times it were no hard peice of worke to shewe , that Popes would not haue any hand , nor so much as a finger in the affaires and acts of the French Kings . Gregorie of Tours that liued in the same age , hath recorded many acts of excesse , and violent iniuries done against Bishops by their Kings , and namely against Praetextatus Bishop of Roan ; for any of which iniurious prankes then plaied , the Bishop of Rome durst not reproue the said Kings with due remonstrance . But see here the words of Gregory himselfe to King Chilperic : If any of vs , O King , shall swarue from the path of iustice , him thou hast power to punish : But in case thou shalt at any time transgresse the lines of equitie , who shall once touch thee with reproofe ? To thee we speake , but are neuer heeded and regarded , except it be thy pleasure : and be thou not pleased , who shal challenge thy greatnes , but he that iustly challengeth to be iustice it selfe ? The good Bishop , notwithstanding these humble remonstrances , was but roughly entreated , and packt into exile , beeing banished into the Isle of Gernseye . But I am not minded to make any deepe search or inquisition , into the titles of the Lords of Yuetot : whose honourable priuiledges and titles are the most honourable badges and cognizances of their ancestors , and of some remarquable seruice done to the Crowne of France : so farre I take them to differ from a satisfaction for sinne . And for the purpose I onely affirme , that were the credit of this historie beyond all exception , yet makes it nothing to the present question , wherein the power of deposing , and not of excommunicating , supreme Kings is debated . And suppose the King by charter granted the said priuiledges for feare of excommunication ; how is it prooued thereby , that Pope Agapetus had lawfull and ordinarie power to depriue him of his Crowne ? Nay , doubtlesse it was rather a meanes to eleuate and aduance the dignitie of the Crowne of France , and to style the French King , a King of Kings , as one that was able to giue the qualitie of King , to all the rest of the Nobles and Gentrie of his Kingdome . Doth not some part of the Spanish Kings greatnesse , consist in creating of his Great ? In the next place followeth Gregorie I. who in the 10. Epistle of the 11. booke , confirming the priuiledges of the Hospital at Augustodunum in Bourgongne , prohibiteth all Kings and Prelates whatsoeuer , to infringe or diminish the said priuiledges , in whole or in part . His formall and expresse words be these : If any King , Prelate , Iudge , or any other secular person , informed of this our constitution , shall presume to go or do contrary thereunto , let him be cast downe from his power and dignitie . I answer ; the Lord Cardinal here wrongs himselfe very much , in taking imprecations for Decrees . Might not euen the meanest of the people vse the same tenour of words , and say ? If any shall touch the life , or the most sacred Maiestie of our Kings , be he Emperour , or be hee Pope , let him be accursed ; let him fall from his eminent place of authoritie , let him lose his dignity ; let him tumble into beggarie , diseases , and all kinds of calamities ? I forbeare to shewe how easie a matter it is for Monkes , to forge titles after their owne humour , and to their owne liking , for the vpholding and maintaining of their priuiledges . As for the purpose , the same Gregorie citeth in the end of his Epistles an other priuiledge , of the like stuffe and stamp to the former , granted to the Abbey of S. Medard at Soissons . It is fenced with a like clause to the other . But of how great vntruth , and of how little weight it is , the very date that it beareth makes manifest proofe : For it runnes , Dated the yeare of our Lords Incarnation 593. the 11. Indiction ; whereas the 10. Indiction agreeth to the yeare 593. Besides , it was not Gregories manner to date his Epistles according to the yeare of the Lord. Againe , the said priuiledge was signed by the Bishops of Alexandria and Carthage , who neuer knew ( as may wel be thought ) whether any such Abbey of S. Medard , or citie of Soissons , was euer built in the world . Moreouer , they signed in the thickest of a crowde as it were of Italian Bishops . Lastly , he that shall read in this Gregories Epistles , with what spirit of reuerence and humilitie hee speaketh of Emperours , will hardly beleeue that euer he armed himselfe with authoritie to giue or to take away Kingdomes . He styles himselfe * the Emperours vnworthie seruant : presuming to speake vnto his Lord , when hee knowes himselfe to bee but dust and a very worme . Hee professeth subiection vnto the Emperours commaunds , euen to the publishing of a certaine Law of the Emperours , which in his iudgement somewhat iarred and iustled with Gods Lawe : as elsewhere I haue spoken more at large . The L. Cardinall next bringeth vpon the stage Iustinian 2. He , beeing in some choller with Sergius Bishop of Rome , because he would not fauour the erroneous Synode of Canstantinople , would haue caused the Bishop to bee apprehended by his Constable Zacharias . But by the Romane Militia , ( that is , the troupes which the Emperour then had in Italie ) Zacharias was repulsed and hindered from his designe , euen with opprobrious & reproachfull tearmes . His Lordship must haue my shallownes excused , if I reach not his intent by this allegation ; wherein I see not one word of deposing from the Empire , or of any sentence pronounced by the Pope . Here are now 712. yeares expired after the birth of Iesus Christ : in all which long tract of time , the L. Cardinal hath not light vpon any instance , which might make for his purpose with neuer so little shew . For the example of the Emperour Philippicus , by the Cardinal alledged next in sequence , belongeth to the yeare 713. And thus lies the historie : This Emperour Philippicus Bardanes , was a professed enemie to the worshipping of Images , and commanded them to be broken in peices . In that verie time the Romane Empire was ouerthrown in the West , and sore shaken by the Saracens in the East . Beside those miseries , the Emperour was also incumbred with a ciuil and intestine warre . The greatest part of Italie was then seized by the Lombards , and the Emperour in Italie had nothing left saue onely the Exarchat of Rauenna , and the Dutchie of Rome , then halfe abandoned by reason of the Emperours want of forces . Pope Constantine gripes this occasion whereon to ground his greatnesse , and to shake off the yoke of the Emperour his Lord : Vndertakes against Philippicus the cause of Images : By a Council declares the Emperour heretique ▪ Prohibites his rescripts or coine to be receiued , and to goe currant in Rome : Forbids his Imperiall statue to bee set vp in the Temple , according to auncient custome : The tumult groweth to a height : The Pope is principall promoter of the tumult : In the heate of the tumult the Exarche of Rauenna looseth his life . Here see now the mutinie of a subiect against his Prince , to pull from him by force and violence a citie of his Empire . But who seeth in all this any sentence of deposition from the Imperial dignity ? Nay , the Pope then missed the cushion , and was disappointed vtterly of his purpose . The cittie of Rome stood firme , and continued still in their obedience to the Emperour . About some 12. yeeres after , the Emperour Leo Isauricus ( whome the Lord of Perron calleth Iconoclast ) falles to fight it out at sharpe , and to prosecute worshippers of Images with all extremitie . Vpon this occasion , Pope Gregorie 2. then treading in the steps of his predecessor , when he perceiued the citie of Rome to be but weakly prouided of men or munition , and the Emperour to haue his hands full in other places , found such meanes to make the citie rise in rebellious armes against the Emperour , that he made himselfe in short time master thereof . Thus far the L. Card. wherunto my answer for satisfaction is ; that degrading an Emperour from his Imperiall dignitie , and reducing a citie to reuolt against her Master , that a man at last may carrie the peice himselfe , and make himselfe Lord thereof , are two seuerall actions of speciall difference . If the free-hold of the citie had beene conueied to some other by the Pope depriuing the Emperour , as proprietarie thereof , this example might haue challenged some credit at least in shew : but so to inuade the citie to his owne vse , and so to seize on the right and authority of another , what is it but open rebellion , and notorious ambition ? For it is farre from Ecclesiasticall censure , when the spirituall Pastor of soules forsooth , pulles the cloake of a poore sinner from his backe by violence , or cuts his purse , and thereby appropriates an other mans goods to his priuate vse . It is to be obserued withall , that when the Emperours were not of sufficient strength , and Popes had power to beard and to braue Emperours , then these Papall practises were first set on foot . This Emperour notwithstanding , turned head and peckt againe : his Lieutenant entred Rome , and Gregorie 3. successor to this Gregorie 2. was glad to honour the same Emperour with style and title of his Lord : witnes two seueral Epistles of the said Gregory 3. written to Boniface , and subscribed in this forme : Dated the tenth Calends of December : In the raigne of our most pious and religious Lord , Angustus Leo , crowned of God , the great Emperour , in the tenth yeare of his raigne . The L. Cardinall with no lesse abuse alleadgeth Pope Zacharie , by whome the French , as he affirmeth , were absolued of the oath of allegiance , wherein they stood bound to Childeric their King. And for this instance , he standeth vpon the testimonie of Paulus Aemilius , and du Tillet , a paire of late writers . But by authors more neere that age wherein Childeric raigned , it is more truely testified , that it was a free and voluntarie act of the French , onely asking the aduise of Pope Zacharie , but requiring neither leaue nor absolution . Ado Bishop of Vienna , in his Chronicles hath it after this manner : The French , following the Counsell of Embassadors , and of Pope Zachary , elected Pepin their King , and established him in the Kingdome . Trithemius in his abridgement of Annals , thus : Childeric , as one vnfit for gouernement , was turned out of his Kingdome , with common consent of the Estates and Peeres of the Realme , so aduised by Zacharie Pope of Rome . Godfridus of Viterbe in the 17. part of his Chronicle ; and Guaguin in the life of Pepin , affirme the same . And was it not an easie matter to worke Pepin by counsell to lay hold on the Kingdome , when he could not be hindered from fastening on the Crowne , and had already seizd it in effect , howsoeuer he had not yet attained to the name of King ? Moreouer , the rudenesse of that Nation , then wanting knowledge and Schooles either of diuinitie , or of Academicall sciences , was a kind of spurre to make them runne for counsell ouer the mountaines : which neuerthelesse in a cause of such nature , they required not as necessary , but onely as decent and for fashion sake . The Pope also for his part was well appaied , by this meanes to drawe Pepin vnto his part ; as one that stood in some need of his aide against the Lombards ; and the more , because his Lord the Emperour of Constantinople was then brought so low , that he was not able to send him sufficient aide , for the defence of his territories against his enemies . But had Zacharie ( to deale plainely ) not stood vpon the respect of his owne commoditie , more then vpon the regard of Gods feare ; he would neuer haue giuen counsel vnto the seruant , vnder the pretended colour of his Masters dull spirit , so to turne rebell against his Master . The Lawes prouide Gardians , or ouerseers , for such as are not well in their wits ; they neuer depriue and spoile them of their estate : they punish crimes , but not diseases and infirmities by nature . Yea , in France it is a very auncient custome , when the King is troubled in his wittes to establish a Regent , who for the time of the Kings disability , may beare the burden of the Kingdomes affaires . So was the practise of that State in the case of Charles 6. when he fell into a phrensie ; whome the Pope notwithstanding his most grieuous and sharpe fits , neuer offered to degrade . And to be short , what reason , what equity will beare the children to be punished for the fathers debilitie ? Yet such punishment was laid vpon Childerics whole race and house ; who by this practise were all disinherited of the Kingdome . But shall wee now take some viewe , of the L. Cardinals excuse for this exemplarie fact ? The cause of Childerics deposing , ( as the L. Cardinal saith ) did neerly concerne and touch Religion . For Childerics imbecillitie brought all France into danger , to suffer a most wofull shipwracke of Christian religion , vpon the barbarous and hostile inuasion of the Saracens . Admit now this reason had beene of iust weight and value , yet consideration should haue been taken , whether some one or other of that Royallstemme , and of the Kings owne successors neerest of blood , was not of better capacitie to rule and mannage that mightie State. The feare of vncertaine and accidentall mischiefe , should not haue driuen them to slie vnto the certain mischiefe of actuall and effectuall deposition . They should rather haue set before their eies the example of Charles Martel , this Pepins father ; who in a farre more eminent danger , when the Saracens had already mastered , and subdued a great part of France , valiantly encountred , and withall defeated the Saracens ; ruled the Kingdome vnder the title of Steward of the Kings house , the principall Officer of the Crowne ; without affecting or aspiring to the Throne for all that great steppe of aduantage , especially when the Saracens were quite broken , and no longer dreadfull to the French Nation . In our owne Scotland , the sway of the Kingdome was in the hand of Walles , during the time of Bruse his imprisonment in England , who then was lawfull heire to the Crowne . This Walles or Vallas had the whole power of the Kingdome at his beck and command . His edicts and ordinances to this day stand in full force . By the deadly hatred of Bruse his mortall enemie , it may be coniectured , that hee might haue beene prouoked and inflamed with desire to trusse the Kingdome in his talants . And notwithstanding all these incitements , hee neuer assumed or vsurped other title to himselfe , then of Gouernour or Administrator of the Kingdome . The reason . Hee had not beene brought vp in this newe doctrine and late discipline , whereby the Church is endowed with power to giue and to take away Crownes . But now ( as the L. Cardinall would beare the world in hand ) the state of Kings is brought to a very dead lift . The Pope forsooth must send his Phisitians , to know by way of inspection or some other course of Art , whether the Kings braine be crackt or found : and in case there be found any debility of wit and reason in the King , then the Pope must remooue and translate the Crowne , from the weaker braine to a stronger : and for the acting of the stratageme , the name of Religion must be pretended . Ho , these heretikes beginne to crawle in the Kingdome : order must bee taken they be not suffered by their multitudes and swarmes , like locusts or caterpillars to pester and poison the whole Realme . Or in a case of matrimonie , thus : Ho , marriage is a Sacrament : touch the Order of Matrimonie , and Religion is wounded . By this deuise not onely the Kings vices , but likewise his naturall diseases and infirmities are fetcht into the circle of Religion ; and the L. Cardinal hath not done himselfe right , in restraining the Popes power to depose Kings , vnto the cafes of heresie , Apostasie , and persecution of the Church . In the next place followeth Leo III. who by setting the Imperiall Crowne vpon the head of Charles , absolued all the subiects in the West , of their obedience to the Greeke Emperours , if the L. of Perron might be credited in this example . But indeed it is crowded among the rest by a slie tricke , and cleane contrary to the naked truth of all histories . For it shall neuer bee iustified by good historie , that so much as one single person or man ( I say not one Country , or one people ) was then wrought or wonne by the Pope , to change his copy and Lord , or from a subiect of the Greeke Emperours , to turne subiect vnto Charlemayne . Let me see but one Towne that Charlemayne recouered from the Greeke Emperours , by his right and title to his Empire in the West : No , the Greeke Emperours had taken their farwell of the West Empire long before . And therefore to nick this vpon the tallie of Pope Leo his Acts , that hee tooke away the West from the Greeke Emperour , it is euen as if one should say , that in this age the Pope takes the Dukedome of Milan from the French Kings , or the citie of Rome from the Emperours of Germany , because their predecessors in former ages had beene right Lords and gouernours of them both . It is one of the Popes ordinary and solemne practises to take away , much after the manner of his giuing . For as he giueth what he hath not in his right and power to giue , or bestoweth vpon others what is alreadie their owne : euen so he taketh away from Kings and Emperors the possessions which they haue not in present hold and possession . After this manner he takes the West from the Greeke Emperours , when they hold nothing in the West , and lay no claime to any citie or towne of the West Empire . And what shall we call this way of depriuation , but spoyling a naked man of his garments , and killing a man alreadie dead ? True it is , the Imperiall Crowne was then set on Charlemaynes head by Leo the Pope : did Leo therefore giue him the Empire ? No more then a Bishop that crownes a King , at his Royall and solemne consecration doth giue him the Kingdome . For shal the Pope himselfe take the Popedome from the Bishop of Ostia as of his gift , because the crowning of the Pope is an office of long time peculiar to the Ostian Bishop ? It was the custome of Emperours , to be crowned Kings of Italy by the hands of the Archbishop of Milan : did he therefore giue the kingdome of Italy to the said Emperours ? And to returne vnto Charlemayne ; If the Pope had conueied the Empire to him by free and gratious donation , the Pope doubtlesse in the solemnity of his coronation , would neuer haue performed vnto his owne creature , an Emperour of his owne making , the duties of adoration , as Ado that liued in the same age hath left it on record : After the solemne praises ended ( saith Ado ) the cheife Bishop honoured him with adoration , according to the custome of auncient Princes . The same is likewise put downe by Auentine , in the 4. booke of his Annals of Bauaria . The like by the President Fauchet in his antiquities : and by Mons. Petau Councellor in the Court of Parliament at Paris , in his preface before the Chronicles of Eusebius , Hierome , and Sigebert . It was therefore the people of Rome that called this Charles the Great vnto the Imperiall dignitie , and cast on him the title of Empeerour . So testifieth Sigebert vpon the yeere 801. All the Romanes with one generall voice and consent , ring out acclamations of Imperiall praises to the Emperour , they crowne him by the hands of Leo the Pope , they giue him the style of Caesar and Augustus . Marianus Scotus hath as much in effect : Charles was then called Augustus by the Romanes . And so Platina . After the solemne seruice , Leo declareth and proclameth Charles Emperour , according to the publike decree and generall request of the people of Rome . Aventine , and Sigonius in his 4. booke of the Kingdome of Italie witnes the same . Neuerthelesse to gratifie the L. Cardinall : Suppose Pope Leo dispossessed the Greeke Emperours of the West Empire . What was the cause ? what infamous act had they done ? what prophane and irreligious crime had they committed ? Nicephorus and Irene , who raigned in the Greeke Empire in Charlemaynes time , were not reputed by the Pope , or taken for heretikes . How then ? The L. Cardinall helpeth at a pinch , and putteth vs in minde , that Constantine and Leo , predecessors to the said Emperours , had beene poysoned with heresie , and stained with persecution . Here then behold an Orthodoxe Prince deposed . For what cause ? for heresie forsooth , not in himselfe but in some of his predecessors long before . An admirable case . For I am of a contrary minde , that he was worthy of double honour , in restoring and setting vp the truth againe , which vnder his predecessors had indured oppression , and suffered persecution . Doubtlesse Pope Siluester was greatly ouerseene , and plaied not well the Pope , when he winked at Constantine the Great , and cast him not downe from his Imperiall Throne , for the strange infidelitie and paganisme of Diocletian , of Maximian , and Maxentius , whome Constantine succeeded in the Empire . From this example the L. of Perron passeth to Fulke Archbishop of Reims : by whome Charles the Simple was threatned with Excommunication , and refusing to continue any longer in the fidelity and allegiance of a subiect . To what purpose is this example ? For who can be ignorant , that all ages haue brought forth turbulent and stirring spirits , men altogether forgetfull of respect and obseruance towards their Kings , especially when the world finds them shallow and simple-witted , like vnto this Prince ? But in this example , where is there so much as one word of the Pope , or the deposing of Kings ? Here the L. Cardinall chops in the example of Philip 1. King of France , but mangled , and strangely disguised , as hereafter shall be shewed . At last he leadeth vs to Gregory VII . surnamed Hildebrand , the scourge of Emperours , the firebrand of warre , the scorne of his age . This Pope , after he had ( in the spirit of pride , and in the very height of all audaciousnesse ) thundred the sentence of excommunication and deposition , against the Emperour Henry 4. after he had enterprised this act without all precedent example : after hee had filled all Europe with blood : this Pope , I say , sunke downe vnder the weight of his affaires , and died as a fugitiue at Salerne , ouerwhelmed with discontent and sorrowe of heart . Here lying at the point of giuing vp the ghoast , calling vnto him ( as it is in Sigebert ) a certaine Cardinall whome hee much fauoured , He confesseth to God , and Saint Peter , and the whole Church , that he had beene greatly defectiue in the Pastor all charge cōmitted to his care ; and that by the Deuills instigation , he had kindled the fire of Gods wrath and hatred against mankind . Then he sent his Confessor to the Emperour , and to the whole Church to pray for his pardon , because hee perceiued that his life was at an end . Likewise Cardinal Benno that liued in the said Gregories time , doth testifie , That so soone as he was risen out of his Chaire to excommunicate the Emperour from his Cathedrall seate : by the will of God the said Cathedrall seate , new made of strong board or plancke , did cracke and cleaue into many peices or parts : to manifest how great and terrible schismes had beene sowed against the Church of Christ , by an excommunication of so dangerous consequence , pronounced by the man that had sit Iudge therein . Now to bring and alleadge the example of such a man , who by attempting an act which neuer any man had the heart or face to attempt before , hath condemned all his predecessors of cowardise , or at least of ignorance ; what is it else , but euen to send vs to the schoole of mighty robbers , and to seeke to correct and reforme ancient vertues by late vices . Which Otho Frisingensis calling into his owne priuate consideration , he durst freely professe , that he had not reade of any Emperour before this Henrie the 4. excommunicated or driuen out of his Imperiall Throne and Kingdome by the cheife Bishop of Rome . But if this quarrell may bee tryed and fought out with weapons of examples , I leaue any indifferent reader to iudge what examples ought in the cause to be of cheifest authoritie and weight : whether late examples of Kings deposed by Popes , for the most part neuer taking the intended effect ; or auncient examples of Popes actually and effectually thrust out of their thrones by Emperous and Kings . The Emperour Constantius expelled Liberius Bishop of Rome out of the citie , banished him as farre as Beroe , and placed Foelix in his roome . Indeed Constantius was an Arrian , and therein vsed no lesse impious then vniust proceeding . Neuertheles the auncient Fathers of the Church , do not blame Constantius for his hard and sharpe dealing with a cheife Bishop , ouer whom he had no lawfull power , but onely as an enemie to the Orthodoxe faith , and one that raged with extreame rigor of persecution against innocent beleeuers . In the raigne of Valentinian the 1. and yeare of the Lord 367. the contention between Damasus and Vrsicinus competitors for the Bishoppricke , filled the cittie of Rome with a bloody sedition , in which were wickedly and cruelly murdered 137. persons . To meete with such turbulent actions , Honorius made a law extant in the Decretalls , the words whereof be these ; If it shall happen henceforth by the temeritie of competitors , that any two Bishops be elected to the See , wee straitly charge and command , that neither of both shall sit in the said , See. By vertue of this Law , the same Honorius in the yere 420. expelled Bonifacius and Eulalius , competitors and Antipopes out of Rome , though not long after he reuoked Bonifacius , and settled him in the Papall See. Theodoric the Goth King of Italie , sent Iohn Bishop of Rome Embassador to the Emperour Iustinian , called him home againe , and clapt him vp in the close prison , where hee starued to death . By the same King , Peter Bishop of Altine was dispatched to Rome , to heare the cause and examine the processe of Pope Symmachus , then indited and accused of sundry crimes . King Theodatus about the yeare 537. had the seruice of Pope Agapetus , as his Embassadour to the Emperour Iustinian , vpon a treatie of peace . Agapetus dying in the time of that seruicc , Syluerius is made Bishop by Theodatus . Not long after , Syluerius is driuen out by Belisarius the Emperour his Lieutenant , and sent into banishment . After Syluerius next succeedeth Vigilius , who with currant coine purchased the Popedome of Belisarius . The Emperour Iustinian sends for Vigilius to Constantinople , and receiues him there with great honour . Soone after , the Emperour takes offence at his freenesse in speaking his mind , commands him to be beaten with stripes in manner to death , and with a roape about his necke to be drawne through the city like a theife , as Platina relates the historie . Nicephorus in his 26. booke , and 17. chapter , comes very neere the same relation . The Emperour Constantius , in the yere 654. caused Pope Martin to be bound with chains , & banished him into Chersonesus , where he ended his life . The Popes in that age writing to the Emperors , vsed none but submissiue tearmes , by way of most humble supplications ; made profession of bowing the knee before their sacred Maiesties , and of executing their commaunds with entire obedience ; payed to the Emperours twenty pound weight of gold for their Inuestiture ; which tribute was afterward released and remitted , by Constantine the Bearded , to Pope Agatho , in the yere 679. as I haue obserued in an other place . Nay further , euen when the power and riches of the Popes was growne to great height , by the most profuse and immense munificence of Charlemayne and Lewis his sonne ; the Emperours of the West did not relinquish and giue ouer the making and vnmaking of Popes , as they saw cause . Pope ' Adrian 1. willingly submitted his necke to this yoke : and made this Law to be passed in a Council , that in Charlemain should rest all right and power for the Popes election , and for the gouernement of the Papall See. This Constitution is inserted in the Decretals , Dist . 63. Can. * Hadrianus , and was confirmed by the practise of many yeeres . In the yeare of the L. 963. the Emperour Otho tooke away the Popedom from Iohn 13. and placed Leo 8. in his roome . In like manner , Iohn 14. Gregorie 5. and Siluester 2. were seated in the Papal Throne by the Othos . The Emperour Henrie 2. in the yeere 1007. deposed three Popes , namely , Benedict 9. Siluester 3. and Gregorie 6. whom Platina doth not sticke to call , three most detestable and vile monsters . This custome continued , this practise stood in force for diuers ages , euen vntill the times of Gregorie 7. by whome the whole West was tossed and turmoiled with lamentable warres , which plagued the world , and the Empire by name with intolerable troubles and mischiefes . For after the said Gregorian wars , the Empire fell from bad to worse , and so went on to decay , till Emperours at last were driuen to begge , and receiue the Imperiall Crowne of the Pope . The Kingdome of France met not with so rude entreatie , but was dealt withall by courses of a milder temper . Gregorie 4. about the yere of the Lord 832. was the first Pope that perswaded himselfe to vse the censure of Excommunication against a King of France . This Pope hauing a hand in the troublesome factions of the Realme , was nothing backward to side with the sonnes of Lewis , surnamed the Courteous , by wicked conspiracy entring into a desperate course and complot against Lewis their owne Father : as witnesseth Sigebert in these words , Pope Gregorie comming into France , ioyned himselfe to the sonnes against the Emperour their Father . But Annals of the verie same times ; and he that furbushed Aimonius , a religious of S. Benedicts order , do testifie , that all the Bishops of France fell vpon this resolution ; by no meanes to rest in the Popes pleasure , or to giue any place vnto his designe : and contrariwise , In case the Pope should proceed to excommunication of their King , he should returne out of Fraunce to Rome an excommunicate person himself . The Chronicle of S. Denis hath words in this forme : The Lord Apostolicall returned answer , that he was not come into Fraunce for any other purpose , but onely to excommunicate the King and his Bishops , if they would be in any sort opposite vnto the sonnes of Lewis , or disobedient vnto the will and pleasure of his Holinesse . The Prelats enformed hereof made answer , that in this case they would neuer yeeld obedience to the Excommunication of the said Bishops : because it was contrarie to the authority and aduise of the auncient Canons . After these times , Pope Nicholas , 1. depriued King Lotharius of communion ( for in those times not a word of deposing ) to make him repudiate or quit Valdrada , and to resume or take again Thetberga his former wife . The articles framed by the French vpon this point , are to be found in the writings of Hincmarus Archbishop of Reims , and are of this purport ; that in the iudgement of men both learned and wise , it is an ouerruled case , that as the King whatsoeuer he shall doe , ought not by his own Bishops to be excommunicated , euen so no forraine Bishop hath power to sit for his Iudge : because the King is to be subiect onely vnto God , and his Imperiall authoritie , who alone had the al-sufficient power to settle him in his Kingdome . Moreouer , the Clergie addressed letters of answer vnto the same Pope , full of stinging and bitter tearms , with speaches of great scorne and contempt , as they are set downe by Auentine in his Annals of Bauaria , not forbearing to call him theife , wolfe , and tyrant . When Pope Hadrian tooke vpon him like a Lord , to commaund Charles the Bald vpon paine of interdiction , that hee should suffer the Kingdome of Lotharius to be fully and entirely conueied and conferred vpon Lewis his sonne ; the same Hinemarus , a man of great authoritie and estimation in that age , sent his letters containing sundrie remonstrances touching that subiect . Among other matters thus he writeth , The Ecclesiastics and Seculars of the Kingdom assembled at Reims , haue affirmed and now do affirme by way of reproach , vpbrading , & exprobation , that neuer was the like mandate sent before from the See of Rome to any of our predecessors . And a little after : The cheife Bishops of the Apostolike See , or any other Bishops of the greatest authoritie and holinesse , neuer withdrew themselues from the presence , from the reuerend salutation , or from the conference of Emperours and Kings , whether hereticks , or schismiticks and Tyrants : As Constantius the Arrian , Julianus the Apostata , and Maxmius the tyrant . And yet a little after ; Wherefore if the Apostolicke Lord be minded to seeke peace , let him seeke it so , that hee stirre no brawles , and breed no quarrels . For we are no such babes to beleeue , that wee can or euer shall attaine to Gods Kingdome , vnlesse we receiue him for our King in earth , whom God himselfe recommendeth to vs from heauen . It is added by Hincmarus in the same place , that by the said Bishops and Lords Temporall , such threatning words were blowne forth , as he is afraid once to speake and vtter . As for the King himselfe , what reckoning he made of the Popes mandates , it appeareth by the Kings owne letters addressed to Pope Hadrianus , as we may reade euery where in the Epistles of Hincmarus . For there , after King Charles hath taxed and challenged the Pope of pride , and hit him in the teeth with a spirit of vsurpation , he breaketh out into these words : What hell hath cast vp this lawe so crosse and preposterous ? what infernall gulph hath disgorged this law out of the darkest and obscurest dennes ? a law quite contrarie and altogether repugnant vnto the beaten way shewed vs in the holy Scriptures , &c. Yea , he flatly and peremptorily forbids the Pope , except he meane or desire to be recompenced with dishonour and contempt , to send any more the like mandates , either to himselfe , or to his Bishops . Vnder the raigne of Hugo Capetus and Robert his sonne , a Council now extant in all mens hands , was held and celebrated at Reims by the Kings authority . There Arnulphus Bishop of Orleans , then Prolocutor and Speaker of the Council , calls the Pope Antichrist , and lets not also to paint him forth like a monster : as well for the deformed and vgly vices of that vnholy See , which then were in their exaltation , as also because the Pope then won with presents , and namely with certaine goodly horses , then presented to his Holinesse , tooke part against the King , with Arnulphus Bishop of Reims , then dispossed of his Pastorall charge . When Philip 1. had repudiated his wife Bertha , daughter to the Earle of Holland , and in her place had also taken to wife Bertrade the wife of Fulco Earle of Aniou yet being aliue ; he was excommunicated , and his Kingdom interdicted by Vrbanus then Pope , ( though he was then bearded with an Antipope ) as the L. Cardinal here giueth vs to vnderstand . But his Lordship hath skipt ouer two principall points recorded in the historie . The first is , that Philip was not deposed by the Pope : whereupon it is to be inferred , that in this passage there is nothing materiall to make for the Popes power against a Kings Throne and Scepter . The other point is , that by the censures of the Pope , the course of obedience due to the King before was not interrupted , nor the King disauowed , refused , or disclaimed : but on the contrary , that Iuo of Chartres taking Pope Vrbanus part , was punished for his presumption , dispoyled of his estate , and kept in prison : whereof hee makes complaint himselfe in his 19. and 20. Epistles . The L. Cardinal besides , in my vnderstanding , for his Masters honour , should haue made no words of interdicting the whole Kingdome . For when the Pope , to giue a King chastisement , doth interdict his Kingdome , he makes the people to beare the punishment of the Kings offence . For during the time of interdiction , the Church doores through the whole Kingdome are kept continually shut and lockt vp : publike seruice is intermitted in all places : bels euery where silent : Sacraments not administred to the people : bodies of the dead so prostituted and abandoned , that none dares burie the said bodies in holy ground . More , it is beleeued , that a man dying vnder the curse of the interdict , ( without some speciall indulgence or priuiledge ) is for euer damned and adiudged to eternall punishments , as one that dyeth out of the communion of the Church . Put case then the interdict holdeth and continueth for many yeares together ; alas , how many millions of poore soules are damned , and goe to hell for an others offence ? For what can , or what may the faltlesse and innocent people doe withall , if the King will repudiate his wife , and she yet liuing , ioyne himselfe in matrimonie to an other ? The Lord Cardinall after Philip the 1. produceth Philippus Augustus , who hauing renounced his wife Ingeberga daughter to the King of Denmarke , and marrying with Agnes daughter to the Duke of Morauia , was by Pope Innocent the third interdicted himselfe and his whole Kingdome . But his Lordshippe was not pleased to insert withall , what is auerred in the Chronicle of Saint Denis : that Pope Celestinus 3. sent forth two Legats at once vpon this errand : Who being come into to the assemblie and generall Council of all the French Prelats , became like dumbe dogs that can not barke , so as they could not bring the seruice which they had vndertaken to any good passe , because they stood in a bodily feare of their owne hydes . Not long after , the Cardinal of Capua was in the like taking : For he durst not bring the Realme within the limits of the interdict , before he was got out of the limits of the Kingdome . The King herewith incensed , thrust all the Prelates that had giuen consent vnto these proceedings out of their Sees , confiscated their goods , &c. To the same effect is that which wee reade in Math. Paris . After the Pope had giuen his Maiesty to vnderstand by the Cardinal of Anagnia , that his Kingdome should be interdicted , vnlesse hee would be reconciled to the King of England ▪ the King returned the Pope this answer , that he was not in any sort afraid of the Popes sentence , for as much as it could not bee grounded vpon any equity of the cause : and added withall , that it did no way appertain vnto the Church of Rome to sentence Kings , especially the King of Fraunce . And this was done , saith Iohannes Tilius Register in Court of Parliament at Paris , by the counsell of the French Barons . Most notable is the example of Philip the Faire , and hits the bird in the right eie . In the yeere 1032. the Pope dispatched the Archbishop of Narbona with mandates into France , commaunding the King to release the Bishop of Apamia then detained in prison , for contumelious words tending to the Kings defamation , and spoken to the Kings owne head . In very deede this Pope had conceiued a secret grudge , and no light displeasure against King Philip before : namely , because the King had taken vpon him the collation of benefices , and other Ecclesiasticall dignities . Vpon which occasion the Pope sent letters to the King of this tenour and style : Feare God , and keepe his commaundements : We would haue thee knowe , that in spirituall and temporall causes thou art subiect vnto our selfe : that collating of benefices and prebends doth not in any sort appertaine to thy office and place : that , in case as keeper of the spiritualties , thou haue the custodie of benefices and prebends in thy hand when they become void , thou shalt by sequestration reserue the fruites of the same , to the vse and benefit of the next incumbents and successors : and in case thou hast heretofore collated any , we ordaine the said collations to bee meerely void : and so farre as herein thou hast proceeded to the fact , we reuoke the said collations . We hold them for hereticks whosoeuer are not of this beleefe . A Legate comes to Paris , and brings these brauing letters : By some of the Kings faithful seruants they are violently snatched and pulled out of the Legates hands : by the Earle of Artois they are cast into the fire . The good King answers the Pope , and payes him in as good coyne as he had sent . Philip by the grace of God King of the French , to Boniface calling and bearing himselfe the Soueraigne Bishop , little greeting or none at all . May thy exceeding sottishnesse vnderstand , that in temporall causes we are not subiect vnto any mortall and earthly creature : that collating of benefices and prebends , by Regall right appertaineth to our office and place : that appropriating their fruites when they become voide , belongeth to our selfe alone during their vacancie : that all collations by vs heretofore made , or to be made hereafter , shall stand in force : that in the validitie and vertue of the said collations , we will euer couragiously defend and maintaine , all Incumbents and possessors of benefices and prebends so by vs collated . We hold them all for sots and senselesse , whosoeuer are not of this beleefe . The Pope incensed herewith excommunicates the King : but no man dares publish that censure , or become bearer thereof . The King notwithstanding the said proceedings of the Pope , assembles his Prelates , Barons , and Knights at Paris : askes the whole assembly , of whome they hold their Fees , with all other the Temporalties of the Church . They make answer with one voice , that in the said matters they disclaime the Pope , and know none other Lord beside his Maiestie . Meane while the Pope worketh with Germanie and the Lowe Countries , to stirre them vp against France . But Philip sendeth William of Nogaret into Italy . William by the direction and aide of Sciarra Columnensis , takes the Pope at Anagnia , mounts him vpon a leane ill-fauoured iade , carries him prisoner to Rome ; where ouercome with choller , anguish , and great indignation , hee takes his last leaue of the Popedome and his life . All this notwithstanding , the King presently after , from the successors of Boniface receiues very ample and gratious Bulls , in which the memorie of all the former passages and actions is vtterly abolished . Witnesse the Epistle of Clement 5. wherein this King is honoured with prayses , for a pious and religious Prince , and his Kingdom is restored to the former estate . In that age the French Nobilitie carried other manner of spirits , then the moderne and present Nobilitie doe : I meane those by whome the L. Cardinal was applauded and assisted in his Oration . Yea , in those former times the Prelates of the Realme stood better affected towards their King , then the L. Cardinal himselfe now standeth : who could finde none other way to dally with , and to shift off this pregnant example , but by plaine glosing , that heresie and Apostasie was no ground of that question , or subiect of that controuersie . Wherein hee not onely condemnes the Pope , as one that proceeded against Philip without a iust cause and good ground ; but likewise giues the Pope the lie , who , in his goodly letters but a little aboue recited , hath enrowled Philip in the list of heretiks . He saith moreouer , that indeed the knot of the question was touching the Popes pretence , in challenging to himselfe the temporall Soueraingntie of France , that is to say , in qualifying himselfe King of France . But indeed and indeede no such matter to be found . His whole pretence was the collating of benefices , and to pearch aboue the King to crowe ouer his Crowne in Temporall causes . At which pretence his Holinesse yet aimeth , still attributing and and challenging to himselfe plenary power to depose the King. Now if the L. Cardinal shall yet proceede to cauill , that Boniface 8. was taken by the French for an vsurper , and no lawfull Pope , but for one that crept into the Papacy by fraud and symonie ; hee must bee pleased to set downe positiuely who was Pope , seeing that Boniface then sate not in the Papall chaire . To conclude , If hee that creepeth and stealeth into the Papacie by symonie , by canuases or labouring of suffrages vnder hand , or by bribery , be not lawfull Pope ; I dare bee bold to professe , there will hardly bee found two lawfull Popes in the three last ages . Pope Benedict in the yeare 1408. being in choller with Charles 6. because Charles had bridled and curbed the gainefull exactions and extorsions of the Popes Court , by which the Realme of France had been exhausted of their treasure , sent an excommunicatorie Bull into Fraunce , against Charles the King , and all his Princes . The Vniuersitie of Paris made request or motion that his Bull might be mangled , and Pope Benedict himselfe , by some called Petrus de Luna , might be declared heretike , schismatike , and perturber of the peace . The said Bull was mangled and rent in pieces , according to the petition of the Vniuersity , by Decree of Court vpon the 10. of Iune , 1408. Tenne dayes after , the Court rising at eleuen in the morning , two Bul-bearers of the said excōmuncaitorie censure vnderwent ignominious punishment vpon the Palace or great Hall stayres . From thence were lead to the Lovure in such manner as they had beene brought from thence before : drawen in two tumbrells , cladde in coates of painted linnen , wore paper-mytres on their heads , were proclaimed with sound of trumpet , and euery where disgraced with publike derision . So little reckoning was made of the Popes thundering canons in those daies . And what would they haue done , if the said Buls had imported sentence of deposition against King Charles ? The French Church assembled at Tours in the yeere 1510. decreed that Lewis XII . might with safe conscience contemne the abusiue Bulls , and vniust censures of Pope Julius the II. and by armes might withstand the Popes vsurpations , in case hee should proceed to excommunicate or depose the King. More , by a Council holden at Pisa , this Lewis declared the Pope to be fallen from the Popedome , and coyned crowns with a stamp of this inscription , I wil destroy the name of Babylon . To this the L. of Perron makes answer , that all this was done by the French , as acknowledging these iars to haue sprung not from the fountaine of Religion , but from passion of state . Wherin he condemneth Pope Iulius , for giuing so great scope vnto his publike censures , as to serue his ambition , and not rather to aduance Religion . Hee secretly teacheth vs besides , that when the Pope vndertakes to depose the King of France , then the French are to sit as Iudges concerning the lawfulnesse or vnlawfulnesse of the cause ; and in case they shall finde the cause to be vnlawfull , then to disannull his iudgements , and to scoffe at his thunderbolts . Iohn d' Albret King of Nauarre , whose Realme was giuen by the foresaid Pope to Ferdinand King of Arragon , was also wrapped and entangled with strict bands of deposition . Now if the French had been touched with no better feeling of affection to their King , then the subiects of Nauarre were to the Nauarrois ; doubtlesse France had sought a newe Lord , by vertue of the Popes ( as the L. Cardinal himselfe doth acknowledge and confesse ) vniust sentence . But behold , to make the said sentence against Iohn d' Albret seeme the lesse contrary to equity , the L. Cardinal pretends , the Popes donation was not indeede the principall cause , howsoeuer Ferdinand himselfe made it his pretence . But his Lor. giues this for the principall cause : that Iohn d' Albret had quitted his alliance made with condition ; that in case the Kings of Nauarre should infringe the said alliance , and breake the league , then the Kingdome of Nauarre should returne to the Crowne of Arragon . This condition , between Kings neuer made , and without all shew of probabilitie , serueth to none other purpose from the Cardinals mouth , but onely to insinuate and worke a perrswasion in his King , that he hath no right nor lawfull pretension to the Crowne of Nauarre : and whatsoeuer hee nowe holdeth in the said Kingdome of Nauarre , is none of his owne , but by vsurpation and vnlawfull possession . Thus his Lordshippe French-borne , makes himselfe an Aduocate for the Spanish King , against his owne King , and King of the French : who shall bee faine , as he ought ( if this Aduocats plea may take place ) to draw his title and style of King of Nauarre out of his Royall titles , and to acknowledge that all the great endeauours of his predecessors to recouer the said Kingdome , were dishonourable and vniust . Is it possible , that in the very heart and head Citie of France , a spirit & tongue so licentious can be brooked ? What , shall so great blasphemy ( as it were ) of the Kings freehold , be powred forth in so honourable an assembly , without punishment or fyne ? what , without any contradiction for the Kings right , and on the Kings behalfe ? I may perhaps confesse the indignitie might bee the better borne , and the pretence aledged might passe for a poore excuse , if it serued his purpose neuer so little . For how doth all this touch or come neere the question ? in which the Popes vsurpation in the deposing of Kings , and the resolution of the French in resisting this tyrannicall practise , is the proper issue of the cause : both which points are neuer a whit more of the lesse consequence and importance , howsoeuer Ferdinand in his owne iustification stood vpon the foresaid pretence . Thus much is confessed , and we aske no more : Pope Iulius tooke the Kingdome from the one , and gaue it vnto the other : the French thereupon resisted the Pope , and declared him to bee fallen from the Papacie . This noble spirit and courage of the French , in maintaining the dignitie and honour of their Kings Crownes , bredde those auncient customes , which in the sequence of many ages haue beene obserued and kept in vse . This for one : That no Legate of the Pope , nor any of his rescripts nor mandates , are admitted and receiued in France , without licence from the King : and vnlesse the Legate impart his faculties to the Kings Atturney Generall , to be perused and verified in Court of Parliament : where they are to be tyed by certaine modifications & restrictions , vnto such points as are not derogatorie from the Kings right , from the liberties of the Church , and from the ordinances of the Kingdome . When Cardinal Balva , contrary to this ancient forme , entred France in the yeare 1484. and there without leaue of the King did execute the Office , and speed certaine Acts of the Popes Legat ; the Court vpon motion made by the Kings Atturney Generall , decreed a Commission , to be informed against him by two Councellors of the said Court , and inhibited his further proceeding to vse any faculty or power of the Popes Legate , vpon paine of beeing proclaimed rebell . In the yeare 1561. Iohannes Tanquerellus Batchelor in Diuinitie , by order of the Court was condemned to make open confession , that hee had indiscreetly and rashly without consideration defended this proposition , The Pope is the Vicar of Christ , a Monarke that hath power both spirituall and secular , and he may depriue Princes , which rebel against his cōmandements , of their dignities . Which proposition , howsoeuer he protested that he had propounded the same onely to be argued , and not iudicially to be determined in the affirmatiue , Tanquerellus neuerthelesse was compelled openly to recant . Here the L. Cardinal answers ; The historie of Tanquerellus is from the matter , because his proposition treateth neither of heresie nor of infidelitie : but I answer , the said proposition treateth of both , for as much as it maketh mention of disobedience to the Pope . For I suppose he will not deny , that whosoeuer shall stand out in heresie , contrary to the Popes monitorie proceedings , hee shall shewe but poore and simple obedience to the Pope . Moreouer , the case is cleare by the former examples , that no Pope will suffer his power to cast downe Kings , to bee restrained vnto the cause of heresie and infidelitie . In the heate of the last warres , raised by that holy-prophane League , admonitory Buls were sent by Pope Gregory 14. from Rome , Anno 1591. By these Bulls King Henry 4. as an heretike and relaps , was declared incapable of the Crowne of France , and his Kingdome was exposed to hauock and spoile . The Court of Parliament beeing assembled at Tours the 5. of August , decreed the said admonitorie Bulls to bee cancelled , torne in peices , and cast into a great fire by the hand of the publike executioner . The Arrest it selfe or Decree is of this tenor : The Court duely pondering and approouing the concluding and vnanswearable reasons of the Kings Atturney General , hath declared , and by these present doth declare , the admonitorie Bulls giuen at Rome the 1. of March 1591. to be of no validitie , abusiue , seditious , damnable , full of impietie and impostures , contrarie to the holie decrees , rights , franchises , and liberties of the French Church : doth ordaine the Copies of the said Bulls , sealed with the seale of Marsilius Landrianus , and signed Septilius Lamprius , to be rent in peices by the publike executioner , and by him to be burnt in a great fire to be made for such purpose , before the great gates of the common Hall or Palace , &c. Then euen then the L. of Perron was firme for the better part , and stood for his King against Gregorie the Pope , notwithstanding the crime of heresie pretended against Henrie his Lord. All the former examples by vs alleadged , are drawne out of the times after Schooles of Diuinitie were established in France . For I thought good to bound my selfe within those dooles and limits of time , which the L. Card. himselfe hath set . Who goeth not sincerely to worke and in good earnest , where he telleth vs there bee three instances ( as if we had no more ) obiected against Papall power , to remooue Kings out of their chaires of State : by name , the example of Philip the Faire , of Lewis XII . and of Tanquerellus . For in very truth all the former examples by vs produced , are no lesse pregnant and euident , howsoeuer the L. Cardinal hath beene pleased to conceale them all for feare of hurting his cause . Nay , France euen in the dayes of her sorest seruitude , was neuer vnfurnished of great Diuines , by whom this vsurped pow-of the Pope , ouer the Temporalties and Crownes of Kings , hath been vtterly misliked and condemned . Robert Earle of Flanders was commanded by Pope Paschall 2. to persecute with fire and sword the Clergie of Leige , who then adhered and stood to the cause of the Emperour Henry 4. whom the Pope had ignominiously deposed . Robert by the Popes order and command , was to handle the Clergie of Leige in like sort as before he had serued the Clergy of Cambray , who by the said Earle had beene cruelly stript both of goods and life . The Pope promised the said Earle and his army pardon of their sinnes for the said execution . The Clergie of Leige addressed answer to the Pope at large . They cried out vpon the Church of Rome , and called her Babylon . Told the Pope home , that God hath commanded to giue vnto Cesar that which is Cesars : that euery soule must be subiect vnto the superiour powers : that no man is exempted out of this precept : and that euery oath of allegiance is to be kept inuiolable : yea , that hereof they themselues are not ignorant , in as much as they by a new schism , and newe traditions , making a separation and rent of the priesthood from the Kingdome , doe promise to absolue of periurie , such as haue perfidiously forsworne themselues against their King. And whereas by way of despight and in opprobrious manner , they were excommunicated by the Pope , they gaue his Holines to vnderstand , that Dauids heart had vttered a good matter , but Paschals heart had spewed vp sordid and railing words , like old baudes and spinsters or websters of linnen , when they scold and brawle one with an other . Finally , they reiected his Papall excommunication , as a sentence giuen without discretion . This was the voice and free speech of that Clergie , in the life time of their noble Emperour . But after he was thrust out of the Empire by the rebellion of his owne sonne , instigated and stirred vp thereunto by the Popes perswasion and practise , and was brought vnto a miserable death ; it is no matter of wonder , that for the safegard of their life , the said Clergie were driuen to sue vnto the Pope for their pardon . Hildebert Bishop of Caenomanum vpon the riuer of Sartre , liuing vnder the raigne of King Philip the first , affirmeth in his Epistles 40. and 75. that Kings are to be admonished and instructed , rather then punished : to be dealt with by counsell , rather then by commaund , by doctrine and instruction , rather then by correction . For no such sword belongeth to the Church , because the sword of the Church is Ecclesiasticall discipline , and nothing else . Bernard writeth to Pope Eugenius after this manner : Whosoeuer they be that are of this mind and opinion , shal neuer be able to make proofe , that any one of the Apostles did euer sit in qualitie of Iudge or Diuider of lands . I reade where they haue stood to be iudged , but neuer where they sate downe to giue iudgement . Againe , Your authoritie stretcheth vnto crimes , not vnto possessions : because you haue receiued the keies of the kingdome of heauen , not in regard of possessions , but of crimes , to keepe all that pleade by couin or collusion , and not lawfull possessors , out of the heauenly kingdome . A little after : These base things of the earth are iudged by the Kings and Princes of this world : wherefore doe you thrust your sickle into an others haruest ? wherefore doe you incraach and intrude vpon an others limits ? Elsewhere . The Apostles are directly forbid to make themselues Lords and rulers . Goe thou then , and beeing a Lord vsurpe Apostleship , or beeing an Apostle vsurpe Lordship . If thou needes wilt haue both , doubtlesse thou shalt haue neither . Iohannes Maior Doctor of Paris : The Soueraigne Bishop hath no temporall authoritie ouer Kings . The reason . Because it followes ( the contrarie being once granted ) that Kings are the Popes vassals . Now let other men iudge , whether hee that hath power to dipossesse Kings of all their Temporalties , hath not likewise authoritie ouer their Temporalties . The same Author : The Pope hath no manner of title ouer the French or Spanish Kings in temporall matters . Where it is further added , That Pope Innocent 3. hath beene pleased to testifie , that Kings of France in Temporall causes doe acknowledge no superiour . For so the Pope excused himselfe to a certaine Lord of Montpellier , who in stead of suing to the King , had petitioned to the Pope for a dispensation for his bastard . But perhaps ( as be speaketh ) it will be alledged out of the glosse , that he acknowledgeth no superiour by fact , and yet ought by right . But I tell you the glosse is an Aurelian glosse , which marres the text . Amongst other arguments , Maior brings this for one : This opinion ministreth matter vnto Popes , to take away an others Empire by force and violence : which the Pope shall neuer bring to passe , as we reade of Boniface 8. against Philip the Faire . Saith besides , That from hence proceede warres , in time of which many outragious mischeifes are done , and that Gerson calls them egregious flatterers by whom such opinion is maintained . In the same place Maior denies that Childeric was deposed by Pope Zacharie : The word , He deposed , saith Maior , is not so to be vnderstood , as it is taken at the first blush or sight ; but he deposed , is thus expounded in the glosse , Hee gaue his consent vnto those by whom he was deposed . Iohn of Paris : Were it graunted that Christ was armed with Temporall power , yet he committed no such power to Peter . A little after : The power of Kings is the highest power vpon earth : in Temporall causes it hath no superiour power aboue it selfe , no more then the Pope hath in spirituall matters . This author saith indeede , the Pope hath power to excommunicate the King ; but he speaketh not of any power in the Pope to put down the King from his regall dignity and authority . He onely saith , When a Prince is once excommunicated , he may accidentally or by occasion be deposed : because his precedent excommunication , incites the people to disarme him of all secular dignity & power . The same Iohn on the other side holdeth opinion ; that in the Emperour there is inuested a power to depose the Pope , in case the Pope shall abuse his power . Almainus Doctor of the Sorbonic schoole : Jt is essentiall in the Laye-power to inflict ciuill punishment , as death , banishment , and priuation or losse of goods . But according to diuine institution , the power Ecclesiasticall can lay no such punishment vpon delinquents : nay more , not lay in prison , as to some Doctors it seemeth probable : but stretcheth and reacheth onely to spirituall punishment , as namely to excommunication : all other punishments inflicted by the spirituall power , are meerely by the Lawe positiue . If then Ecclesiasticall power by Gods Lawe hath no authoritie to depriue any priuate man of his goods ; how dares the Pope and his flatterers build their power to depriue Kings of their scepters vpon the word of God ? The same author in an other place : Be it graunted that Constantine had power to giue the Empire vnto the Pope ; yet is it not hereupon to be inferred , that Popes haue authority ouer the Kingdome of France ; because that Kingdom was neuer subiect vnto Constantine . For the King of Fraunce neuer had any superiour in Temporall matters . A little after : It is not in any place to be found , that God hath giuen the Pope power to make and vnmake Temporall Kings . He maintaineth elsewhere , that Zacharie did not depose Childeric , but onely consented to his deposing ; and so deposed him not as by authoritie . In the same booke , taking vp the words of Occam , whome hee styles the Doctor : The Emperour is the Popes Lord in things Temporall , and the Pope calls him Lord , as it is witnessed in the body of the Text. The Lord Cardinall hath dissembled and concealed these words of Doctor Almainus , with many like places : and hath been pleased to alledge Almainus reciting Occams authoritie , in stead of quoting Almainus himselfe in those passages , where hee speaketh as out of his owne opinion , and in his owne words . A notable peice of slie and cunning conueiance . For what heresie may not be fathered and fastened vpon S. Augustine , or S. Hierome , if they should bee deemed to approoue all the passages which they alledge out of other authors . And that is the reason wherfore the L. Cardinal doth not alledge his testimonies whole and perfect , as they are couched in their proper texts , but clipt and curtaild . Thus he dealeth euen in the first passage or testimonie of Almainus ; he brings it in mangled and pared : hee hides and conceales the words added by Almainus , to contradict & crosse the words going before . For Almainus makes this addition and supply ; Howsoeuer some other Doctors doe stand for the negatiue , and teach the Pope hath power onely to declare that Kings and Princes are to bee deposed . And so much appeareth by this reason ; because this ample and Soueraigne power of the Pope , might giue him occasion to bee puft vp with great pride , and the same fulnesse of power might prooue extreamely hurtfull to the subiects , &c. The same Almainus brings in Occams opinion in expresse tearmes deciding the question , and there ioynes his owne opinion with Occams . The Doctors opinion , saith Almainus , doth simply carrie the most probabilitie ; that a Pope hath no power , neither by excommunication , nor by any other meanes , to dedepose a Prince from his Imperiall and Royall dignitie . And a little before , hauing maintained the Greeke Empire was neuer transported by the Pope to the Germaines , and that when the Pope crownes the Emperour , he doth not giue him the Empire , no more then the Archbishop of Reims when he crownes the King of France , doth giue him the Kingdome ; he drawes this conclusion according to Occams opinion : I denie that an Emperour is bound by oath to promise the Pope allegiance . On the other side , if the Pope hold any Temporall possessions , hee is bound to sweare allegiance vnto the Emperour , and to pay him tribute . The said Occam alledged by Almainus doth further auerre , that Iustinian was acknowledged by the Pope for his superiour in Temporall causes : for as much as diuerse lawes which the Pope is bound to keep and obserue , were enacted by Iustinian ; as by name the law of prescription for an hundred yeeres : which law standeth yet in force against the Bishop of Rome . And to the ende that all men may cleerely see , how great distance there is betweene Occams opinion and the L. Cardinals , who towards the ende of his Oration , exhorts his hearers at no hand to dissent from the Pope ; take you here a viewe of Occams owne words , as they are alleadged by Almainus : The Doctor assoyles the arguments of Pope Jnnocent , by which the Pope would prooue out of these words of Christ , Whatsoeuer thou shalt bind , &c. that fulnes of power in Temporall matters , belongeth to the Soueraigne Bishop . For Innocent saith , Whatsoeuer , excepteth nothing . But Occam assoyles Innocents authoritie , as not onely false , but also hereticall ; and saith withal , that many things are spoken by Jnnocent , which by his leaue sauour and smell of heresie , &c. The L. Cardinal with lesse fidelitie alledgeth two places out of Thomas his Summe . The first , in the Second of his Second , Quest . 10. Art. 10. in the bodie of the Article . In which place ( let it be narrowly examined ) Thomas will easily be found to speake , not of the subiection of beleeuing subiects vnder Infidel Kings , as the Lord Cardinall pretendeth , but of beleeuing seruants that liue vnder Masters , whether Iewes or Infidels . As when a Iew keepeth seruants which professe Iesus Christ ; or as when some of the faithfull kept in Caesars house : who are not considered by Thomas as they were subiects of the Empire , but as they were seruants of the family . The other place is taken out of Quest . 11. and 2. art . in the body of the article : where no such matter as the L. Cardinal alledgeth can be found . With like fidelitie he taketh Gerson in hand : who indeed in his booke of Ecclesiasticall power , and 12. Consider . doth affirme , When the abuse of secular power redoundeth to manifest impugning of the faith , and blaspheming of the Creator ; then shall it not bee amisse to haue recourse vnto the last branch of this 12. Consider . where , in such case as aforesaid , a certain regitiue , directiue , regulatiue , and ordinatiue authoritie is committed to the Ecclesiasticall power . His very words : which make no mention at all of deposing , or of any compulsiue power ouer Soueraigne Princes . For that forme of rule and gouernement whereof Gerson speaketh , is exercised by Ecclesiasticall censures & excommunications ; not by losse of goods , of Kingdoms , or of Empires . This place then is wrested by the L. Cardinall to a contrary sense . Neither should his Lordship haue omitted , that Gerson , in the question of Kings subiection in Temporall matters , or of the dependance of their Crowns vpon the Popes power , excepteth alwaies the King of France : witnesse that which Gerson a little before the place alleadged by the Cardinal hath plainely affirmed : Now since Peters time , saith Gerson , all Imperiall , Regall , and Secular power is not immediately to drawe vertue and strength from the Soueraigne Bishop : as in this manner the most Christian King of France hath no Superiour , nor acknowledgeth any such vpon the face of the earth . Now here need no great sharpenes of wit for the searching out of this deepe mysterie ; that if the Pope hath power to giue or take away Crownes for any cause or any pretended occasion whatsoeuer , the Crowne of France must needs depend vpon the Pope . But for as much as we are now hitte in with Gerson , we will examine the L. Cardinals allegations towards the ende of his Oration , taken out of Gersons famous Oration made before Charles 6. for the Vniuersitie of Paris : where he brings in Gerson to affirme , That killing a Tyrant is a sacrifice acceptable to God. But Gerson ( let it be diligently noted ) there speaketh not in his owne person : hee there brings in sedition speaking the words . Of which words vttered by sedition , and other like speeches , you shall now heare what iudgement Gerson himselfe hath giuen . When sedition had spoken with such a furious voice , I turned away my face as if I had beene smitten with death , to shew that I was not able to endure her madnesse any longer . And indeede when dissimulation on the one side , and sedition on the other , had suggested the deuises of two contrary extremes , he brings forth Discretion as a Iudge , keeping the meane betweene both extreames , and vttering those words which the L. Cardinall alleadgeth against himselfe . If the head , ( saith Gerson ) or some other member of the ciuill body , should grow to so desperate a passe , that it would gulpe and swallowe downe the deadly poison of tyrannie ; euery member in his place , with all power possible for him to raise by expedient meanes , and such as might preuent a greater inconuenience , should set himselfe against so madde a purpose , and so deadly practise : For if the head be grieued with some light paine , it is not fit for the hand to smite the head : no , that were but a foolish and a madde part . Nor is the hand forthwith to chop off or separate the head from the bodie , but rather to cure the head with good speach and other meanes , like a skilfull and wise Physitian . Yea nothing would be more cruell or more voide of reason , then to seeke to stoppe the strong and violent streame of tyranny by sedition . These words , me thinke , doe make verie strongly and expressely against butchering euen of Tyrannicall Kings . And whereas a little after the said passage , he teacheth to expell Tyrannie , he hath not a word of expelling the Tyrant , but onely of breaking and shaking off the yoke of Tyranny . Yet for all that , hee would not haue the remedies for the repressing of Tyrannie , to bee fetcht from the Pope , who presumeth to degrade Kings , but from Philosophers , Lawyers , Diuines , and personages of good conuersation . It appeareth now by all that hath been said before , that whereas Gerson in the 7 Considerat . against Flatterers , doth affirme : Whensoeuer the Prince doth manifestly pursue and prosecute his naturall subiects , and shew himselfe obstinately bent with notorious iniustice , to vexe them of set purpose , and with full consent , so farre as to the fact ; then this rule and law of Nature doth take place , It is lawfull to resist and repell force by force ; and that sentence of Seneca , There is no sacrifice more acceptable to God , then a Tyrant offered in sacrifice ; the words , Doth take place , are so to be vnderstood , as hee speaketh in an other passage , to wit , with or amongst seditious persons . Or else the words , doth take place , doe onely signifie , is put in practise . And so Gerson there speaketh not as out of his owne iudgement . His Lordshippe also should not haue balked and left out Sigebertus , who with more reason might haue passed for French , then Thomas and Occam , whom he putteth vpon vs for French. Sigebertus in his Chronicle vpon the yere 1088. speaking of the Emperours deposing by the Pope , hath words of this tenor : This heresie was not crept out of the shell in those dayes , that his Priests , who hath said to the King , Apostata , and maketh an hypocrite to rule for the sinnes of the people , should teach the people they owe no subiection vnto wicked Kings , nor any allegiance , notwithstanding they haue taken the oath of allegiance . Now after the L. Card. hath coursed in this manner through the histories of the last ages ( which in case they all made for his purpose , doe lacke the weight of authority ) in stead of searching the will of God in the sacred Oracles of his word , and standing vpon examples of the ancient Church ; at last leauing the troope of his owne allegations , he betakes himselfe to the sharpening and rebating of the points of his aduersaries weapons . For the purpose , he brings in his aduersaries , the champions of Kings Crownes , and makes them to speake out of his owne mouth ( for his L. saith it will be obiected ) after this manner : Jt may come to passe , that Popes either carried with passion , or misledde by sinister information , may without iust cause fasten vpon Kings the imputation of heresie or apostasie . Then for King-deposers he frames this answer : That by heresie they vnderstand notorious heresie , and formerly condemned by sentence of the Church . Moreouer , in case the Pope hath erred in the fact , it is the Clergies part adhering to their King , to make remonstrances vnto the Pope , and to require the cause may be referred to the iudgement of a full Councill , the French Church then and there beeing present . Now in this answer , the L. Cardinall is of an other minde then Bellarmine his brother Cardinall . For he goes thus farre : That a Prince condemned by vniust sentence of the Pope , ought neuertheles to quit his Kingdome , and that his Pastors vniust sentence shall not redound to his detriment ; prouided that he giue way to the said sentence , and shew himselfe not refractarie , but stay the time in patience , vntill the holy Father shall renounce his error , and reuoke his foresaid vniust sentence . In which case these two materiall points are to be presupposed . The one , That he who now hath seized the Kingdome of the Prince displaced , will forthwith ( if the Pope shall solicite and intercede ) return the Kingdome to the hand of the late possessor . The other , That in the interim the Prince vniustly deposed , shall not neede to feare the bloodie murderers mercilesse blade and weapon . But on the other side , the Popes power of so large a size , as Bellarmine hath shaped , is no whit pleasing to the L. Cardinals eie . For in case the King should be vniustly deposed by the Pope not well informed , he is not of the mind the Kingdome should stoope to the Popes behests , but will rather haue the Kingdom to deale by remonstrance , and to referre the cause vnto the Council . Wherein hee makes the Council to be of more absolute and supreame authoritie then the Pope : a straine to which the holy Father will neuer lend his eare . And yet doubtles , the Councill required in this case must be vniuersall ; wherein the French , for so much as they stand firme for their King and his cause , can be no Iudges : and in that regard the L. Cardinal requireth onely the presence of the French Church . Who seeth not here into what pickle the French cause is brought by this meanes ? The Bishops of Italie forsooth , of Spaine , of Sicilie , of Germany , the subiects of Soueraignes many times at professed or priuy enmitie with France , shall haue the cause compromitted & referred to their iudgment , whether the Kingdome of France shall driue out her Kings , and shall kindle the flames of seditious troubles , in the very heart and bowels of the Realme . But is it not possible , that a King may lacke the loue of his owne subiects , and they taking the vantage of that occasion , may put him to his trumps in his owne Kingdome ? Is it not possible , that calumniations whereby a credulous Pope hath beene seduced , may in like manner deceiue some great part of a credulous people ? Is it not possible , that one part of the people may cleaue to the Popes faction , an other may hold and stand out for the Kings rightfull cause , and ciuil warres may be kindled by the splene of these two sides ? Is it not possible , that his Holinesse will not rest in the remonstrances of the French , & will yet further pursue his cause ? And whereas nowe a dayes a Generall Councill cannot be held , except it bee called and assembled by the Popes authority ; is it credible , the Pope will take order for the conuocation of a Council , by whom he shall be iudged ? And how can the Pope be President in a Council , where himselfe is the partie impleaded ? and to whom the sifting of his owne sentence is referred , as it were to committies , to examine whether it was denounced according to Law , or against Iustice ? But in the meane time , whilest all these remonstrances and addresses of the Council are on foote ; behold , the Royall Maiesty of the King hangeth as it were by loose gimmals , and must stay the iudgement of the Council to whom it is referred . Well : what if the Councill should happe to be two or three yeeres in assembling , and to continue or hold eighteene yeeres , like the Council of Trent ; should not poore France , I beseech you , be reduced to a very bad plight ? should shee not be in a very wise and warme taking ? To be short ; His Lordships whole speech for the vntying of this knot , not onely surmounteth possibility , but is stuft with ridiculous toyes . This I make manifest by his addition in the same passage : If the Pope deceiued in fact , shal rashly and vniustly declare the King to be an heretike ; then the Popes declaration shal not be seconded with actuall deposition , vnles the Realme shall consent vnto the Kings deposing . What needes any man to be instructed in this doctrine ? Who doth not knowe , that a King , so long as he is vpheld and maintained in his Kingdome by his people , cannot actually and effectually bee deposed from his Throne ? Hee that speaketh such language and phrase , in effect saith , and saith no more then this : A King is neuer depriued of his Crowne , so long as he can keep his Crowne on his head : a King is neuer turn'd and stript naked , so long as hee can keepe his cloathes on his backe : a King is neuer deposed , so long as he can make the stronger partie and side against his enemies : in breife , a King is King , and shal stil remaine King , so long as he can hold the possession of his Kingdome , and sit fast in his Chaire of Estate . Howbeit , let vs here by the way , take notice of these words vttered by his Lordship : That for the deposing of a King , the consent of the people must be obtained : For by these words the people are exalted aboue the King , and are made the Iudges of the Kings deposing . But here is yet a greater matter : For that Popes may erre in faith , it is acknowledged by Popes themselues : For some of them haue condemned Pope Honorius for a Monothelite : S. Hierome , and S. Hilarius , and S. Athanasius doe testifie , that Pope Liberius started aside , and subscribed to Arrianisme : Pope Iohn 23. was condemned in the Council of Constance , for maintaining there is neither hell nor heauen . Diuerse other Popes haue been tainted with error in faith . If therefore any Pope hereticall in himselfe , shall depose an Orthodoxe King for heresie ; can it be imagined , that he which boasts himselfe to beare all diuine and humane lawes in the priuy coffer or casket of his breast , will stoope to the remonstrances of the French , and vayle to the reasons which they shall propound , though neuer so iustifiable , and of neuer so great validitie ? And how can he , that may be infected with damnable heresie ( when himselfe is not alwaies free from heresie ) be a iudge of heresie in a King ? In this question some are of opinion , that as a man , the Pope may fall into error , but not as Pope . Very good : I demand then vpon the matter , wherefore the Pope doth not instruct and reforme the man ? or wherefore the man doth not require the Popes instructions ? But whether a King be deposed by that man the Pope , or by that Pope the man , is it not all one ? is he not deposed ? Others affirme , the Pope may erre in a question of the fact , but not in a question of the right . An egregious gullery and imposture . For if he may bee ignorant whether Iesus Christ died for our sinnes , doubtles he may also be to seeke , whether we should repose all our trust and assured confidence in the death of Christ . Consider with me the Prophets of olde : They were all inspired and taught of God , to admonish and reprooue the Kings of Iudah and Israel : they neither erred in matter of fact , nor in point of right : they were as farre from being blinded and fetcht ouer by deceitfull calumniations , as from beeing seduced by the painted shew of corrupt and false doctrine . As they neuer trode awry in matter of faith ; so they neuer whetted the edge of their tongue or style against the faultles . Had it not beene a trimme deuice in their times , to say , that as Esay and as Daniel they might haue sunke into heresie , but not as Prophets ? For doubtlesse in this case , that Esay would haue taken counsell of the Prophet which was himselfe . To bee short ; If Kings are onely so long to be taken for Kings , vntill they shall be declared heretikes , and shall be deposed by the Pope ; they continually stand in extreame danger , to vndergoe a very heauy and vniust sentence . Their safest way were to know nothing , and to beleeue by proxie ; least , if they should happen to talke of God , or to thinke of religion , they should be drawne for heretikes into the Popes Inquisition . All the examples hitherto produced by the L. Cardinall on a rowe , are of a latter date , they lacke weight , are drawne from the time of bondage , and make the Popes themselues witnesses in their owne cause . They descant not vpon the point of deposition , but onely strike out and sound the notes of excommunication and interdiction , which make nothing at all to the musicke of the question . And therefore he telleth vs ( in kindnesse as I take it ) more oftentimes then once or twice , that he speaketh onely of the fact ; as one that doth acknowledge himselfe to be out of the right . Hee relates things done , but neuer what should bee done : which , as the Iudicious know , is to teach nothing . The second Jnconuenience examined . THE second Inconuenience like to growe , ( as the Lord Cardinall seemeth to be halfe afraid ) if the Article of the third Estate might haue passed with approbation , is couched in these words : Lay-men shall by authoritie be strengthened with power , to iudge in matters of Religion ; as also to determine the doctrine comprised in the said Article to haue requisite conformitie with Gods word : yea they shall haue it in their hands to compell Ecclesiastics by necessitie , to sweare , preach , and teach the opinion of the one side , as also by Sermons and publike writings to impugne the other . This inconuenience hee aggrauateth with swelling words , and breaketh out into these vehement exclamations : O reproach , O scandall , O gate set open to a world of heresies . He therefore laboureth both by reasons , & by autorities of holy Scripture , to make such vsurped power of Laics , a fowle , shamefull , and odious practise . In the whole , his Lordship toyles himselfe in vaine , and maketh suppositions of castles in the aire . For in preferring this Article , the third Estate haue born themselues not as iudges or vmpires , but altogether as petitioners : requesting the said Article might be receiued into the number of the Parliament bookes , to bee presented vnto the King and his Counsell , vnto whome in all humilitie they referred the iudgement of the said Article ; conceiuing all good hope the Clergie and Nobilitie would be pleased to ioyne for the furtherance of their humble petition . They were not so ignorant of State-matters , or so vnmindfull of their owne places and charges , to beare themselues in hand , that a petition put vp and preferred by the third Estate , can carrie the force of a Lawe or Statute , so long as the other two Orders withstand the same , and so long as the King himselfe holds backe his Royall consent . Besides , the said Article was not propounded as a point of religious doctrine ; but for euer after to remaine and continue a fundamentall Lawe of the Commonwealth and State it selfe , the due care whereof was put into their hands , and committed to their trust . If the King had ratified the said Article with Royall consent , and had commanded the Clergie to put in execution the contents thereof ; it had beene their duty to see the Kings will and pleasure fulfilled , as they are subiects bound to giue him aide in all things , which may any way serue to procure the safetie of his life , and the tranquility of his Kingdome . Which if the Clergie had performed to the vttermost of their power , they had not shewed obedience as vnderlings , vnto the third Estate , but vnto the King alone : by whome such commaund had beene imposed , vpon suggestion of his faithfull subiects , made the more watchfull by the negligence of the Clergie ; whom they perceiue to be linked with stricter bands vnto the Pope , then they are vnto their King. Here then the Cardinall fights with meere shadowes , and mooues a doubt whereof his aduersaries haue not so much as once thought in a dreame . But yet , according to his great dexteritie and nimblenesse of spirit , by this deuice he cunningly takes vpon him to giue the King a lesson with more libertie : making semblance to direct his masked Oration to the Deputies of the people , when he shooteth in effect , and pricketh at his King , the Princes also and Lords of his Counsell , whom the Cardinall compriseth vnder the name of Laics ; whose iudgment ( it is not vnlikely ) was apprehended much better by the Clergy , then the iudgement of the third Estate . Now these are the men whom he tearmeth intruders into other mens charges , and such as open a gate for I wot not how many legions of heresies , to rush into the Church . For if it be proper to the Clergie and their Head , to iudge in this cause of the Right of Kings ; then the King himselfe , his Princes , and Nobilitie , are debarred and wiped of all iudgement in the same cause , no lesse then the representatiue body of the people . Well then , the L ▪ Cardinall showres downe like haile sundry places and testimonies of Scripture , where the people are commaunded to haue their Pastors in singular loue , and to beare them all respects of due obseruance . Be it so ; yet are the said passages of Scripture no barre to the people , for their vigilant circumspection , to preserue the life and Crown of their Prince , against all the wicked enterprises of men stirred vp by the Clergie , who haue their Head out of the Kingdom , and hold themselues to be none of the Kings subiects : a thing neuer spoken by the sacrificing Priests and Prelates , mentioned in the passages alleadged by the Lord Cardinall . He likewise produceth two Christian Emperours , Constantine and Valentinian by name ; the first refusing to meddle with iudgement in Episcopall causes : the other forbearing to iudge of subtile Questions in Diuinity , with protestation , that Hee would neuer be so curious , to diue into the streames , or sound the bottome of so deepe matters . But who doth not knowe , that working and prouiding for the Kings indemnity and safetie , is neither Episcopall cause , nor matter of curious and subtile inquisition ? The same answer meets with all the rest of the places produced by the L. Cardinal out of the Fathers . And that one for example , out of Gregory Nazianzenus , is not cited by the Cardinall with faire dealing . For Gregorie doth not boord the Emperour himselfe , but his Deputie or L. President , on this manner : For we also are in authoritie and place of a Ruler , we haue command aswell as your selfe : whereas the L. Cardinal with fowle play , turnes the place in these termes , We also are Emperours . Which words can beare no such interpretation , as well because he to whom the Bishop then spake , was not of Imperiall dignitie ; as also because if the Bishop himselfe , a Bishop of so small a citie as Nazianzum , had qualified himselfe Emperour , he should haue passed all the bounds of modestie , and had shewed himselfe arrogant aboue measure . For as touching subiection due to Christian Emperours , hee freely acknowledgeth a little before , that himselfe and his people are subiect vnto the superiour powers , yea bound to pay them tribute . The history of the same Gregories life doth testifie , that he was drawne by the Arrians before the Consuls iudgement seate , and from thence returned acquitted , without either stripes or any other kind of contumelious entreatie and vse : yet now at last vp starts a Prelate , who dares make this good Father vaunt himselfe to bee an Emperour . It is willingly granted , that Emperours neuer challenged , neuer arrogated , to be Soueraigne Iudges in controuersies of doctrine and faith ; neuertheles it is clearer then the Sunnes light at high noone , that for moderation at Synods , for determinations and orders established in Councils , and for the discipline of the Church , they haue made a good and a full vse of their Imperiall authoritie . The 1. Council held at Constantinople , beares this title or inscription ; The dedication of the holy Synode to the most religious Emperour Theodosius the Great , to whose will and pleasure they haue submitted these Canons by them addressed and established in Council . And there they also beseech the Emperour , to confirme and approoue the said Canons . The like hath bin done by the Councill of Trullo , by whome the Canons of the fift and sixt Councils were put forth and published . This was not done , because Emperours tooke vpon them to bee infallible Iudges of doctrine ; but onely that Emperours might see and iudge , whether Bishops ( who feele the pricke of ambition as other men doe ) did propound nothing in their Conuocations and Consultations , but most of all in their Determinations , to vndermine the Emperours authoritie , to disturbe the tranquilitie of the Commonwealth , and to crosse the determinations of precedent Councils . Now to take the cognizance of such matters out of the Kings hand or power ; what is it but euen to transforme the King into a standing image , to wring and wrest him out of all care of himselfe and his Kingly charge , yea to bring him downe to this basest condition , to become onely an executioner , and ( which I scorne to speake ) the vnhappie hangman of the Clergies will , without any further cognizance , not so much as of matters which most neerely touch himselfe , and his Royall estate ? I graunt it is for Diuinitie Schooles , to iudge how farre the power of the Keyes doth stretch : I graunt againe , that Clerics both may , and ought also to display the colours and ensignes of their censures against Princes , who violating their publike and solemne oath , do raise and make open war against Iesus Christ : I graunt yet againe , that in this case they need not admit Laics to be of their counsell , nor allowe them any scope or libertie of iudgement . Yet all this makes no barre to Clerics , for extending the power of their keies , many times a whole degree further then they ought ; and when they are pleased , to make vse of their said power , to depriue the people of their goods , or the Prince of his Crowne : all this doth not hinder Prince or people from taking care for the preseruation of their owne rights and estates , nor from requiring Clerics to shewe their cards , and produce their Charts , and to make demonstration by Scripture , that such power as they assume and challenge , is giuen them from God. For to leaue the Pope absolute Iudge in the same cause wherein hee is a party , and ( which is the strongest rampier and bulwarke , yea the most glorious and eminent point of his domination ) to arme him with power to vnhorse Kings out of their feates ; what is it else but euen to draw them into a state of despaire , for euery winning the day , or preuailing in their honourable and rightfull cause ? It is moreouer graunted , if a King shall commaund any thing directly contrary to Gods word , and tending to the subuerting of the Church ; that Clerics in this case ought not onely to dispense with subiects for their obedience , but also expressely to forbid their obedience : For it is alwaies better to obey God then man. Howbeit in all other matters , whereby the glory and maiesty of God is not impeached or impaired , it is the duty of Clerics to plie the people with wholesome exhortation to constant obedience , and to auert by earnest disswasions the said people from tumultuous reuolt and seditious insurrection . This practise vnder the Pagan Emperours , was held and followed by the auncient Christians ; by whose godly zeale and patience in bearing the yoke , the Church in times past grew and flourished in her happy and plentifull encrease , farre greater then Poperie shall euer purchase and attaine vnto by all her cunning deuises and sleights : as namely by degrading of Kings , by interdicting of Kingdomes , by apposted murders , and by Diabolicall traines of Gunne-powder-mines . The places of Scripture alledged in order by the Cardinall , in fauour of those that stand for the Popes claime of power and authoritie to depose Kings , are cited with no more sinceritie then the former : They alleadge ( these are his words ) that Samuel deposed King Saul , or declared him to bee deposed , because hee had violated the lawes of the Iewes religion . His Lordship auoucheth elsewhere , that Saul was deposed , because hee had sought prophanely to vsurpe the holy Priesthood . Both false , and contrary to the tenor of truth in the sacred historie . For Saul was neuer deposed , according to the sense of the word ( I meane , depose ) in the present question : to wit , as deposing is taken for despoyling the King of his Royall dignity , and reducing the King to the condition of a priuate person : But Saul held the title of King , and continued in possession of his Kingdome , euen to his dying day . Yea , the Scripture styles him King , euen to the periodical and last day of his life , by the testimonie of Dauid himselfe , who both by Gods promise , and by precedent vnction , was then heire apparant as it were to the Crowne , in a manner then ready to gird and adorne the temples of his head . For if Samuel , by Gods commaundement , had then actually remooued Saul from his Throne , doubtles the whole Church of Israel had committed a grosse error , in taking and honouring Saul for their King after such deposition : doubtlesse the Prophet Samuel himselfe , making known the Lords ordinance vnto the people , would haue enioyned them by strict prohibition , to call him no longer the King of Israel : doubtles Dauid would neuer haue held his hand from the throate of Saul , for this respect and consideration , because hee was the Lords annointed . For if Saul had lost his Kingly authoritie , from that instant when Samuel gaue him knowledge of his reiection ; then Dauid , least otherwise the bodie of the Kingdome should want a Royal Head , was to beginne his Raigne , and to beare the Royall Scepter in the very same instant : which were to charge the holy Scriptures with vntruth , in as much as the sacred historie beginnes the computation of the yeers of Dauids raigne , from the day of Sauls death . True it is , that in the 2. Sam. cap. 15. Saul was denounced by Gods owne sentence , a man reiected , and as it were excommunicated out of the Kingdome , that he should not rule and raigne any longer as King ouer Israel ; neuerthelesse the said sentence was not put in execution , before the day when God , executing vpon Saul an exemplarie iudgement , did strike him with death . From whence it is manifest and cleare , that when Dauid was annointed King by Samuel , that action was onely a promise , and a testimony of the choice , which God had made of Dauid for succession immediately after Saul ; and not a present establishment , inuestment , or instalment of Dauid in the Kingdome . Wee reade the like in 1. King. cap. 19. where God commaundeth Elias the Prophet , to annoint Hasael King of Syria . For can any man be so blind and ignorant in the sacred History , to beleeue the Prophets of Israel established , or sacred the Kings of Syria ? For this cause , when Dauid was actually established in the Kingdom , he was anointed the second time . In the next place he brings in the Popes champions vsing these words ; Rehoboam was deposed by Ahiah the Prophet , from his Royall right ouer the tenne Tribes of Israel , because his father Salomon had played the Apostata , in falling from the Lawe of God. This I say also , is more then the truth of the sacred historie doth affoard . For Ahiah neuer spake to Rehoboam ( for ought we reade , ) nor brought vnto him any message from the Lord. As for the passage quoted by the L. Cardinall out of Reg. 3. chap. 11. it hath not reference to the time of Rehoboams raigne , but rather indeed to Salomons time : nor doth it carrie the face of a iudicatory sentence for the Kings deposing , but rather of a Propheticall prediction . For how could Rehoboam , before he was made King , be depriued of the Kingdome ? Last of all , but worst of all ; to alleadge this passage for an example of a iust sentence in matter of deposing a King , is to approoue the disloyall treachery of a seruant against his master , and the rebellion of Ieroboam branded in Scripture with a marke of perpetuall infamy for his wickednesse and impietie . He goes on with an other example of no more truth : King Achab was deposed by Elias the Prophet , because he imbraced false religion , and worshipped false gods . False too like the former ; King Achab lost his Crowne and his life both together . The Scripture , that speaketh not according to mans fancy , but according to the truth , doth extend and number the yeeres of Achabs raigne , to the time of his death . Predictions of a Kings ruine , are no sentences of deposition . Elias neuer gaue the subiects of Achab absolution from their oath of obedience ; neuer gaue them the least inckling of any such absolution ; neuer set vp , or placed any other King in Achabs Throne . That of the L. Cardinall a little after , is no lesse vntrue : That King Vzziah was driuen from the conuersation of the people by Azarias the Priest , and thereby the administration of his Kingdome was left no longer in his power . Not so : For when God had smitten Vzziah with leprosie in his forehead , he withdrew himselfe , or went out into an house apart , for feare of infecting such as were whole by his contagious disease . The high Priest smote him not with any sentence of deposition , or denounced him suspended from the administration of his Kingdome . No : the dayes of his raigne are numbred in Scripture , to the day of his death . And whereas the Priest , according to the Lawe in the 13. of Leuit. iudged the King to be vncleane ; he gaue sentence against him , not as against a criminall person , and thereby within the compasse of deposition ; but as against a diseased body . For the Lawe inflicteth punishments , not vpon diseases , but vpon crimes . Hereupon , whereas it is recorded by Iosephus in his Antiquities , that Vzziah lead a priuate , and in a manner , a solitarie life ; the said author doth not meane , that Vzziah was deposed , but onely that he disburdened himselfe of care to mannage the publike affaires . The example of Mattathias , by whome the Iewes were stirred vp to rebell against Antiochus , is no better worth . For in that example we finde no sentence of deposition , but onely an heartning and commotion of a people then grieuously afflicted and oppressed . He that makes himselfe the ring-leader of conspiracie against a King , doth not forthwith assume the person , or take vp the office and charge of a Iudge , in forme of lawe , and iuridically to depriue a King of his Regall rights , and Royall prerogatiues . Mattathias was chiefe of that conspiracy , not in qualitie of Priest , but of cheiftaine , or leader in warre , and a man the best qualified of all the people . Things acted by the suddaine violence of the base vulgar , must not stand for lawes , nor yet for proofes and arguments of ordinarie power , such as the Pope challengeth to himselfe , and appropriateth to his triple-Crowne . These bee our solide answers : wee disclaime the light armour which the L. Cardinall is pleased to furnish vs withall , forsooth to recreate himselfe , in rebating the points of such weapons , as he hath vouchsafed to put into our hands . Now it will be worth our labour to beate by his thrusts , fetcht from the ordinary mission of the new Testament , from leprosie , stones , and locks of wool . A leach no doubt of admirable skil , one that for subiecting the Crownes of Kings vnto the Pope , is able to extract arguments out of stones ; yea , out of the leprosie , and the drie scab , onely forsooth because heresie is a kind of leprosie , and an heretike hath some affinitie with a leper . But may not his Quoniam , be as fitly applyed to any contagious & inueterate vice of the minde beside heresie ? His warning-peice therefore is discharged to purpose , whereby he notifies that hee pretendeth to handle nothing with resolution . For indeed vpon so weake arguments , a resolution is but ill-fauouredly and weakely grounded . His bulwarks thus beaten downe , let vs now viewe the strength of our owne . First , hee makes vs to fortifie on this manner : They that are for the negatiue , doe alleadge the authoritie of S. Paul ; Let euery soule bee subiect vnto the higher powers : For whosoeuer resisteth the power , resisteth the ordinance of God. And likewise that of S. Peter , Submit your selues , whether it be vnto the King , as vnto the superiour , or vnto gouernours , &c. Vpon these passages , and the like , they inferre , that obedience is due to Kings by the Lawe of God , and not dispensable by any spirituall or temporall authoritie . Thus he brings vs in with our first weapon . But here the very cheife sinew and strength of our argument , he doth wittingly balke , and of purpose conceale . To wit , That all the Emperours of whom the said holy Apostles haue made any mention in their diuine Epistles , were professed enemies to Christ , Pagans , Infidels , fearefull and bloody Tyrants : to whom notwithstanding euery soule , and therefore the Bishop of Rome for one , is commaunded to submit himselfe , and to professe subiection . Thus much Chrysostome hath expressely taught in his Hom. 23. vpon the Epistle to the Romanes ; The Apostle giues this commandement vnto all : euen to Priests also , and cloistered Monkes , not onely to secular : be thou an Apostle , an Euangelist , a Prophet , &c. Besides , it is here worthy to be noted , that howsoeuer the Apostles rule is generall , and therefore bindeth all the faithfull in equal bands ; yet is it particularly , directly , and of purpose addressed to the Church of Rome by S. Paul , as by one who in the spirit of an Apostle did foresee , that rebellion against Princes was to rise and spring from the city of Rome . Now in case the Head of that Church by warrant of any priuiledge , contained in the most holy Register of Gods holy word , is exempted from the binding power of this generall precept or rule ; did it not become his Lordship to shew by the booke , that it is a booke case , and to lay it forth before that honourable assembly , who no doubt expected & waited to heare when it might fal from his learned lips ? But in stead of any such authenticall and canonicall confirmation , hee flyeth to a sleight shift , and with a cauill is bold to affirme the foundation , laid by those of our side , doth no way touch the knot of the controuersie . Let vs heare him speake : Jt is not in controuersie , whether obedience bee due to Kings by Gods Lawe , so long as they are Kings , or acknowledged for Kings : but our point controuerted , is whether by Gods Lawe it bee required , that hee who hath beene once recognised and receiued for King by the bodie of Estates , can at any time bee taken and reputed as no King , that is to say , can doe no manner of act whereby hee may loose his right , and so cease to be saluted King. This answer of the L. Cardinal is the rare deuise , euasion , and starting hole of the Iesuites . In whose eares of delicate and tender touch , King-killing soundeth very harsh : but forsooth to vn-king a King first , and then to giue him the stabbe , that is a point of iust and true descant . For to kill a King , once vn-king'd by deposition , is not killing of a King. For the present I haue one of that Iesuiticall Order in prison , who hath face enough to speak this language of Ashdod , and to maintaine this doctrine of the Iesuites Colledges . The L. Cardinal harps vpon the same string . He can like subiection and obedience to the King , whilest hee sitteth King : but his Holinesse must haue all power , and giue order withall , to hoyst him out of his Royall seate . I therefore now answer , that in very deed the former passages of S. Paul and S. Peter should come nothing neere the question , if the state of the question were such as he brings it , made and forged in his owne shop . But certes the state of the question is not , whether a King may doe some act , by reason whereof hee may fall from his right , or may not any longer be acknowledged for King. For all our contention is , concerning the Popes power to vn-authorize Princes : whereas in the question framed and fitted by the L. Card. not a word of the Pope . For were it graunted and agreed on both sides , that a King by election might fall from his Kingdome , yet still the knot of the question would hold , whether he can bee dispossessed of his Regall authority , by any power in the Pope ; and whether the Pope hath such fulnesse of power , to strip a King of those Royall robes , rights , and reuenues of the Crowne , which were neuer giuen him by the Pope ; as also by what authority of holy Scripture , the Pope is able to beare out himselfe in this power , and to make it good . But here the L. Cardinal stoutly saith in his owne defence by way of reioynder ; As one text hath , Let euery soule be subiect vnto the higher powers ; in like manner an other text hath , Obey your Prelates , and be subiect vnto your Pastors : for they watch ouer your soules , as men that shall giue an accompt for your soules . This reason is void of reason , and makes against himselfe . For may not Prelates be obeyed and honoured , without Kings be deposed ? If Prelates preach the doctrine of the Gospell , will they in the pulpit stirre vp subiects to rebell against Kings ? Moreouer , whereas the vniuersal Church in these daies is diuided into so many discrepant parts , that now Prelates neither do nor can draw all one way ; is it not exceeding hard , keeping our obedience towards God , to honour them all at once with due obedience ? Nay ; is not here offered vnto me a dart out of the L. Cardinals armorie , to cast at himselfe ? For as God chargeth all men with obedience to Kings , and yet from that commaundement of God , the Lord Cardinal would not haue it inferred , that Kings haue power to degrade Ecclesiasticall Prelates : euen so God giueth charge to obey Prelates , yet doth it not followe from hence , that Prelates haue power to depose Kings . These two degrees of obedience agree well together , and are each of them bounded with peculiar and proper limits . But for so much as in this point , we haue on our side the whole auncient Church , which , albeit she liued and groned for many ages together vnder heathen Emperours , heretikes , and persecuters , did neuer so much as whisper a word about rebelling and falling from their Soueraigne Lords , and was neuer by any mortall creature freed from the oath of allegiance to the Emperour ; the Cardinal is not vnwilling to graunt , that ancient Christians in those times were bound to performe such fidelity & allegiance , for as much as the Church ( the Cardinal for shame durst not say the Pope ) then had not absolued them of their oath . No doubt a pleasant dreame , or a merry conceit rather , to imagine the Bishop of Rome was armed with power to take away the Empire of the world from Nero , or Claudius , or Domitianus ; to whom it was not knowne , whether the citie of Rome had any Bishop at all . Is it not a master-iest , of a straine most ridiculous , to presuppose the Grand-masters and absolute Lords of the whole world , had a sent so dull , that they were not able to smel out , and to nose things vnder their owne noses ? that they saw so little with other mens eies and their owne , that within their capitall citie , they could not spie that Soueraigne armed with ordinary and lawfull authority to degrade , and to turne them out of their renowned Empire ? Doubtlesse the said Emperours , vassals belike of the Popes Empire , are to be held excused for not acknowledging and honouring the Pope in quality of their Lord , as became his vassals ; because they did not know there was any such power in the world , as after-times haue magnified and adored vnder the qualitie of Pope . For the Bishops of Rome in those times , were of no greater authoritie , power , and meanes , then some of the Bishops are in these daies within my Kingdomes . But certes those Popes of that primitiue age , thought it not expedient in the said times to drawe their swords : they exercised their power in a more mild and soft kind of cariage toward those miserable Emperours , for three seuerall reasons alledged by the L. Cardinall . The first : because the Bishops then durst not by their censures whet and prouoke those Emperous , for feare of plunging the Church in a Sea of persecutions . But if I be not cleane voide of common sense , this reason serueth to charge not only the Bishops of Rome , but all the auncient professors of Christ besides , with deepe dissimulation and hypocrisie . For it is all one as if he had professed , that all their obedience to their Soueraignes , was but counterfeit , and extorted , or wrung out of them by force : that all the submissiue supplications of the auncient Fathers , the assured testimonies and pledges of their allegiance , humilitie , and patience , were but certaine formes of disguised speech , proceeding not freely from the suggestions of fidelity , but faintly and fainedly , or at least from the strong twitches & violent convulsions of feare . Wherupon it followes , that all their torments and punishments , euen to the death , are wrongfully honoured with the title , and crowned with the crowne of Martyrdome ; because their patience proceeded not from their owne free choice and election , but was taught by the force of necessitie , as by compulsion : and whereas they had not mutinously and rebelliously risen in arms , to asswage the scorching heat and burning flames of tyrannicall persecuters , it was not for want of will , but for lacke of power . Which false and forged imputation , the Fathers haue cleared themselues of in their writings . Tertullian in his Apologet : All places are full of Christians , the cities , isles , castles , burroughs , armies , &c. If we that are so infinite a power , and multitude of men , had broken from you into some remote nooke or corner of the world , the cities no doubt had become naked and solitarie : there had beene a dreadfull and horrible silence ouer the face of the whole Empire : the great Emperours had beene driuen to seeke out newe cities , and to discouer newe nations , ouer whom to beare Soueraigne sway and rule : there had remained more enemies to the State , then subiects and friends . Cyprian also against Demetrianus : None of vs all , howsoeuer wee are a people mighty and without number , haue made resistance against any of your vniust and wrongfull actions , executed with all violence ; neither haue sought by rebellious armes , or by any other sinister practises , to crie quittance with you at any time for the righting of our selues . Certain it is , that vnder Iulianus , the whole Empire in a manner professed the Christian Religion ; yea , that his Leiftenants and great Commanders , as Iovinianus , and Valentinianus by name , professed Christ . Which two Princes not long after attained to the Imperiall dignitie , but might haue solicited the Pope sooner to degrade Iulianus from the Imperiall Throne . For say that Iulians whole army had renounced the Christian Religion : ( as the L. Cardinall against all shew and appearance of truth would beare vs in hand , and contrary to the generall voice of the said whole army , making this profession with one consent when Iulian was dead , Wee are all Christians : ) yet Italie then persisting in the faith of Christ , and the army of Iulian then lying quartered in Persia , the vtmost limit of the Empire to the East , the Bishop of Rome had fit opportunity to drawe the sword of his authority ( if he had then any such sword hanging at his Pontificall side ) to make Iulian feele the sharpe edge of his weapon , and thereby to pull him downe from the stately pearch of the Romane Empire . I say moreouer , that by this generall and suddaine profession of the whole Caesarian army , We are all Christians , it is clearely testified , that if his army or souldiers were then addicted to Paganisme , it was wrought by compulsion , and cleane contrary to their setled perswasion before : and then it followes , that with greater patience they would haue borne the deposing of Iulian , then if hee had suffered them to vse the libertie of their conscience . To bee short in the matter ; S. Augustine makes all whole , and by his testimonie doth euince , that Iulians army perseuered in the faith of Christ . The souldiers of Christ serued a heathen Emperour : But when the cause of Christ was called in question , they acknowledged none but Christ in heauen : When the Emperour would haue them to serue , and to perfume his idols with frankincense , they gaue obedience to God , rather then to the Emperour . After which words , the very same words alledged by the L. Cardinall against himselfe doe followe : They did then distinguish betweene the Lord eternall , and the Lord temporall : neuerthelesse they were subiect vnto the Lord temporall , for the Lord eternall . It was therefore to pay God his duty of obedience , and not for feare to incense the Emperour , or to drawe persecution vpon the Church ( as the L. Cardinall would make vs beleeue ) that Christians of the Primitiue Church and Bishops by their censures , durst not anger and prouoke their Emperours . But his Lordship by his coloured pretences doth manifestly prouoke and stirre vp the people to rebellion , so soone as they knowe their owne strength to beare out a rebellious practise . Whereupon it followes , that in case their conspiracie shall take no good effect , all the blame and fault must lie , not in their disloyalty and treason , but in the badde choice of their times for the best aduantage , and in the want of taking a true sight of their owne weakenesse . Let stirring spirits be trained vp in such practicall precepts , let desperate wits be seasoned with such rules of discipline ; and what need we , or how can we wonder they contriue powder — conspiracies , and practise the damnable art of parricides ? After Iulian , his Lordship falles vpon Valentinian the younger , who maintaining Arrianisme with great and open violence , might haue beene deposed by the Christians from his Empire , and yet ( say we ) they neuer dream'd of any such practise . Here the L. Cardinal maketh answer : The Christians mooued with respect vnto the fresh memory both of the brother and father , as also vnto the weake estate of the sonnes young yeeres , abstained from all counsels and courses of sharper effect and operation . To which answer I reply : these are but friuolous coniectures , deuised and framed to tickle his owne fancie . For had Valentinianus the younger beene the sonne of an Arrian , and had then also attained to threescore yeeres of age , they would neuer haue borne themselues in other fashion then they did , towards their Emperour . Then the Cardinal goeth on : The people would not abandon the factious and seditious party , but were so firme or obstinate rather for the faction , that Valentinian for feare of the tumultuous vproares was constrained to giue way , and was threatened by the souldiers , that except hee would adhere vnto the Catholikes , they would yeeld him no assistance , nor stand for his partie . Now this answer of the L. Cardinall makes nothing to the purpose , concerning the Popes power to pull downe Kings from their stately nest . Let vs take notice of his proper consequence . Valentinian was afraid of the popular tumult at Milan : the Pope therefore hath power to curbe hereticall Kings by deposition . Now marke what distance is betweene Rome and Milan , what difference betweene the people of Milan , and the Bishop of Rome ; betweene a popular tumult , and a iudicatory sentence ; between fact and right , things done by the people or souldiers of Milan , and things to bee done according to right and law by the Bishop of Rome ; the same distance , the same difference ( if not farre greater ) is betweene the L. Cardinals antecedent and his consequent , betweene his reason , and the maine cause or argument which we haue in hand . The madde commotion of the people was not here so much to be regarded , as the sad instruction of the Pastor , of their good and godly Pastor S. Ambrose , so far from heartning the people of Milan to rebell , that being Bishop of Milan , he offered himselfe to suffer Martyrdome : If the Emperour abuse his Imperiall authoritie , ( for so Theodoret hath recited his words ) to tyrannize thereby , here am I ready to suffer death . And what resistance he made against his L. Emperour , was only by way of supplication in these tearmes : We beseech thee , O Augustus , as humble suppliants ; we offer no resistance : we are not in feare , but we flie to supplication . Againe , If my patrimony be your marke , enter vpon my patrimonie : if my bodie , I will goe and meet my torments . Shall I bee drag'd to prison or to death ? I will take delight in both . Item , in his Oration to Auxentius : J can afflict my soule with sorrowe , I can lament , J can send forth grieuous groanes : My weapons against either of both , souldiers or Goths , are teares : A Priest hath none other weapons of defence : I neither can resist , nor ought in any other manner to make resistance . Iustinian Emperour in his old age fell into the heresie of the Aphthartodocites . Against Iustinian , though fewe they were that fauoured him in that heresie , the Bishop of Rome neuer darted with violence any sentence of Excommunication , interdiction , or deposition . The Ostrogot Kings in Italy , the Visigot in Spaine , the Vandal in Africa were all addicted to the Arrian impietie , and some of them cruelly persecuted the true professors . The Visigot and Vandall were no neighbours to Italie . The Pope thereby had the lesse cause to feare the stings of those waspes , if they had been angred . The Pope for all that neuer had the humour to wrastle or iustle with any of the said Kings in the cause of deposing them from their Thrones . But especially the times when the Vandals in Affricke , and the Goths in Italy by Belisarius and Narses , professors of the Orthodoxe faith , were tyred with long warres , and at last were vtterly defeated in bloodie battels , are to be considered . Then were the times or neuer , for the Pope to vnsheath his weapons , and to vn-case his arrowes of deposition ; then were the times to drawe them out of his quiuer , and to shoote at all such Arrian Heads : then were the times by dispensations to release their subiects of their oathes , by that peremptory meanes to aide and strengthen the Catholike cause . But in that age the said weapons were not knowne to haue been hammered in the Pontificall forge . Gregory I. made his boasts , that he was able to ruine the Lombards , ( for many yeeres together sworne enemies to the Bishops of Rome ) their state present , and the hope of all their future prosperity . But hee telleth vs , that by the feare of God before his eyes and in his heart , he was bridled and restrained from any such intent , as elswhere we haue obserued : If J would haue medled with practising and procuring the death of the Lombards , the whole nation of the Lombards at this day had been robbed of their Kings , Dukes , Earles , they had beene reduced to the tearmes of extreame confusion . Hee might at least haue deposed their King , ( if the credit of the L. Cardinals iudgement bee currant ) without polluting or stayning his owne conscience . What can we tearm this assertion of the L. Cardinall , but open charging the most auncient Bishops of Rome with crueltie , when they would not succour the Church of Christ oppressed by tyrants , whose oppression they had power to represse by deposing the oppressors . Is it credible , that Iesus Christ hath giuen a Commission to S. Peter and his successors for so many ages , without any power to execute their Commission , or to make any vse thereof by practise ? Is it credible , that he hath giuen them a sword to be kept in the scabbard , without drawing once in a thousand yeeres ? Is it credible , that in the times when Popes were most deboshed , abandoning themselues to all sorts of corrupt and vitious courses , as it testified by their own flaterers and best affected seruants ; is it credible that in those times they beganne to vnderstand the vertue and strength of their Commission ? For if either feare or lacke of power , was the cause of holding their hands , and voluntarie binding of themselues to the peace or good behauiour : wherefore is not some one Pope at least produced , who hath complained that he was hindered from executing the power that Christ had conferred vpon his Pontificall See ? Wherefore is not some one of the auncient and holy Fathers alledged , by whom the Pope hath bin aduised and exhorted to take courage , to stand vpon the vigor and sinewes of his Papall Office , to vnsheath and vnease his bolts of thunder against vngodly Princes , and grieuous enemies to the Church ? wherefore liuing vnder Christian and gracious Emperours , haue they not made knowne the reasons , why they were hindred from drawing the pretended sword ; least long custome of not vsing the sword so many ages , might make it so to rust in the scabbard , that when there should bee occasion to vse the said sword , it could not be drawne at all ; and least so long custome of not vsing the same , should confirme prescription to their greater preiudice ? If weakenes bee a iust let , how is it come to passe , that Popes haue enterprised to depose Philip the Faire , Lewis the XII . and Elizabeth my predecessor of happy memorie ; ( to let passe others ) in whom experience hath well prooued , how great inequalitie was between their strengths ? Yea , for the most part from thence growe most grieuous troubles and warres , which iustly recoyle and light vpon his owne head ; as happened to Gregory the VII . and Boniface the VIII . This no doubt is the reason , wherefore the Pope neuer sets in ( for feare of such inconueniences ) to blast a King with lightning and thunder of deposition , but when he perceiues the troubled waters of the Kingdome by some strong faction setled in his Estate ; or when the King is confined , and bordered by some Prince more potent , who thirsteth after the prey , & is euer gaping for some occasion to picke a quarrell . The King standing in such estate , is it not as easie for the Pope to pull him downe , as it is for a man with one hand to thrust downe a tottering wall , when the groundsil is rotten , the studdes vnpind and nodding or bending towards the ground ? But if the King shall beare down and break the faction within the Realme ; if hee shall get withall the vpper hand of his enemies out of the Kingdome ; then the holy Father presents him with pardons neuer sued for , neuer asked ; and in a fathers indulgence forsooth , giues him leaue stil to hold the Kingdome , that he was not able by all his force to wrest and wring out of his hand , no more then the clubbe of Hercules out of his fist . How many worthy Princes , incensed by the Pope , to conspire against Soueraigne Lords their Masters , and by open rebellion to worke some change in their Estates , haue miscarried in the action , with losse of life , or honour , or both ? For example ; Rodulphus Duke of Sueuia was eg'd on by the Pope , against Henrie IIII. of that name , Emperour . How many massacres , how many desolations of cities and townes , how many bloody battels ensued thereupon ? Let histories be searched , let iust accompts be taken , and beside sieges laid to cities , it wil appeare by true computation , that Henrie IIII. and Frederic the I. fought aboue threescore battels , in defence of their owne right against enemies of the Empire , stirred vp to armes by the Popes of Rome . How much Christian blood was then split in these bloody battels , it passeth mans witte , penne , or tongue to expresse . And to giue a little touch vnto matters at home ; doth not his Holinesse vnderstand right well the weakenesse of Papists in my Kingdome ? Doth not his Holinesse neuerthelesse animate my Papists to rebellion , and forbid my Papists to take the oath of allegiance ? Doth not his Holinesse by this means draw ( so much as in him lieth ) persecution vpon the backes of my Papists as vpon rebells , and expose their life as it were vpon the open stall , to be sold at a very easie price ? All these examples , either ioynt or seuerall , are manifest and euident proofes , that feare to drawe mischiefe and persecution vpon the Church , hath not barred the Popes from thundering against Emperours and Kings , whensoeuer they conceiued any hope , by their fulminations to aduance their greatnesse . Last of all ; I referre the matter to the most possessed with preiudice , euen the very aduersaries , whether this doctrine , by which people are trained vp in subiection vnto Infidel or hereticall Kings , vntill the subiects be of sufficient strength to mate their Kings , to expell their Kings , and to depose them from their Kingdomes , doth not incense the Turkish Emperours and other Infidel Princes , to roote out all the Christians that drawe in their yoke , as people that waite onely for a fit occasion to rebell , and to take themselues ingaged for obedience to their Lords , onely by constraint and seruile feare . Let vs therefore now conclude with Ozius , in that famous Epistle speaking to Constantius an Arrian hereticke : As hee that by secret practise or open violence would bereaue thee of thy Empire , should violate Gods ordinance : so be thou touched with feare , least , by vsurping authoritie ouer Church matters , thou tumble not headlong into some hainous crime . Where this holy Bishop hath not vouchsafed to insert and mention the L. Cardinals exception ; to wit , the right of the Church alwaies excepted and saued , when she shall be of sufficient strength to shake off the yoke of Emperours . Neither speaks the same holy Bishop of priuate persons alone , or men of some particular condition and calling ; but he setteth downe a generall rule for all degrees , neuer to impeach Imperial Maiestie vpon any pretext whatsoeuer . As his Lordships first reason drawn from weakenesse is exceeding weake : so is that which the L. Cardinall takes vp in the next place : He telleth vs there is very great difference betweene Pagan Emperours , and Christian Princes : Pagan Emperours who neuer did homage to Christ , who neuer were by their subiects receiued , with condition to acknowledge perpetuall subiection vnto the Empire of Christ ; who neuer were bound by oath and mutuall contract betweene Prince and subiect . Christian Princes who slide backe by Apostasie , degenerate by Arrianisme , or fall away by Mahometisme . Touching the latter of these two , ( as his Lordshippe saith ) If they shall as it were take an oath , and make a vowe contrary to their first oath and vow made and taken when they were installed , and contrary to the condition vnder which they receiued the Scepter of their Fathers ; if they withall shall turne persecutors of the Catholike religion ; touching these I say , the L. Cardinal holds , that without question they may be remooued from their Kingdomes . He telleth vs not by whome , but euery where he meaneth by the Pope . Touching Kings deposed by the Pope vnder pretence of stupidity , as Childeric ; or of matrimoniall causes , as Philip I. or for collating of benefices , as Philip the Faire ; not one word . By that point he easily glideth , and shuffles it vp in silence , for feare of distasting the Pope on the one side , or his auditors on the other . Now in alledging this reason , his Lordship makes all the world a witnesse , that in deposing of Kings , the Pope hath no eye of regard to the benefit and securitie of the Church . For such Princes as neuer suckt other milke then that of Infidelitie , and persecution of Religion , are no lesse noisome and pernicious vermin to the Church , then if they had sucked of the Churches breasts . And as for the greatnesse of the sinne or offence , it seemes to me there is very little difference in the matter . For a Prince that neuer did sweare any religious obedience to Iesus Christ , is bound no lesse to such obedience , then if he had taken a solemne oath . As the sonne that rebelliously stands vp against his father , is in equall degree of sinne , whether he hath sworn or not sworn obedience to his father : because hee is bound to such obedience , not by any voluntarie contract or couenant , but by the law of Nature . The commaundement of God to kisse the Sonne , whom the Father hath confirmed and ratified King of Kings , doth equally bind all Kings , as wel Pagans as Christians . On the other side , who denies , who doubts , that Constantius Emperour at his first steppe or entrance into the Empire , did not sweare and bind himselfe by solemne vowe , to keepe the rules and to maintaine the precepts of the Orthodox faith , or that he did not receiue his fathers Empire vpon such condition ? This notwithstanding , the Bishop of Rome pulled not Constantius from his Imperial throne , but Constantius remooued the Bishop of Rome from his Papall See. And were it so , that an oath taken by a King at his consecration , and after violated , is a sufficient cause for the Pope to depose an Apostate or hereticall Prince ; then by good consequence the Pope may in like sort depose a King , who beeing neither dead in Apostasie , nor sicke of heresie , doth neglect onely the due administration of iustice to his loyall subiects . For his oath taken at consecration importeth likewise , that he shall minister iustice to his people . A point wherein the holy Father is held short by the L. Cardinall , who dares prescribe new lawes to the Pope , and presumes to limit his fulnesse of power , within certaine meeres and head-lands , extending the Popes power only to the deposing of Christian Kings , when they turne Apostats forsaking the Catholike faith ; and not such Princes as neuer breathed any thing but pure Paganisme , and neuer serued vnder the colours of Iesus Christ . Meane while his Lordship forgets , that King Attabaliba was deposed by the Pope from his Kingdome of Peru , and the said Kingdome was conferred vpon the King of Spaine , though the said poore King of Peru , neuer forsook his heathen superstition ; and though the turning of him out of his terrestrial Kingdome was no way to conuert him vnto the faith of Christ . Yea his Lordship a little after telleth vs himselfe , that Be the Turkes possession in the conquests that hee maketh ouer Christians neuer so auncient , yet by no long tract of time whatsoeuer , can he gaine so much as a thumbes breadth of prescription : that is to say , the Turke for all that is but a disseisor , one that violently and wilfully keeps an other man from his owne , and by good right may be dispossessed of the same : whereas notwithstanding the Turkish Emperours neuer fauoured nor sauoured Christianitie . Let vs runne ouer the examples of Kings whome the Pope hath dared and presumed to depose ; and hardly will any one be found , of whome it may be truely auouched , that he hath taken an oath contrary to his oath of subiection to Iesus Christ , or that hee hath wilfully cast himselfe into Apostaticall defection . And certes to any man that weighs the matter with due consideration , it will be found apparantly false , that Kings of France haue been receiued of their subiects at any time , with condition to serue Iesus Christ . They were actually Kings before they came foorth to the solemnity of their sacring , before they vsed any stipulation or promise to their subiects . For in hereditary Kingdomes , ( nothing more certain , nothing more vncontroulable ) the Kings death instantly maketh liuery and seisin of the Royalty , to his next successor . Nor is it materiall to reply , that a King succeeding by right of inheritance , takes an oath in the person of his predecessor . For euery oath is personall , proper to the person by whom it is taken : and to God no liuing creature can sweare , that his owne sonne or his heire shall prooue an honest man. Well may the father , and with great solemnitie , promise that he will exhort his heire apparant with all his power and the best of his endeauours , to feare God and to practise pietie . If the fathers oath be agreeable to the duties of godlines , the sonne is bound thereby , whether he take an oath , or take none . On the other side , if the fathers oath come from the puddles of impietie , the sonne is bound thereby to goe the contrarie way . If the fathers oath concerne things of indifferent nature , and such as by the varietie or change of times , become either pernicious or impossible ; then it is free for the Kings next successor and heire , prudently to fit and proportion his lawes vnto the times present , and to the best benefit of the Commonwealth . When I call these things to mind with some attention , I am out of all doubt his Lordship is very much to seek , in the right sense and nature of his Kings oath taken at his Coronation , to defend the Church and to perseuere in the Catholike faith . For what is more vnlike and lesse credible then this conceit , that after Clouis had raigned 15. yeeres in the state of Paganisme , and then receiued holy Baptisme , he should become Christian vpon this condition , That in case hee should afterward revolt from the faith , it should then bee in the power of the Church , to turne him out of his Kingdome ? But had any such conditionall stipulation beene made by Clouis , in very good earnest and truth ; yet would hee neuer haue intended , that his deposing should be the act of the Romane Bishop , but rather of those ( whether Peeres , or people , or whole body of the State ) by whom he had been aduanced to the Kingdome . Let vs heare the truth , and this is the truth : It is farre from the customarie vse in France , for their Kings to take any such oath , or to vse any such stipulation with their subiects . If any King or Prince wheresoeuer , doth vse an oath or solemne promise in these expresse tearmes , Let mee loose my Kingdome , or my life , be that day my last both for life and raigne , when I shall first reuolt from the Christian religion : by these words he calleth vpon God for vengeance , he vseth imprecation against his owne head : but he makes not his Crowne to stoope by this meanes , to any power in the Pope , or in the Church , or in the people . And touching inscriptions vpon coines , of which point his Lordship speaketh by the way ; verily the nature of the money or coine ( the stamping and minting whereof is one of the markes of the Prince his dignity and Soueraignty ) is not changed by bearing the letters of Christs name , on the reuerse or on the front . Such characters of Christs name , are aduertisements and instructions to the people , that in shewing and yeelding obedience vnto the King , they are obedient vnto Christ ; and those Princes likewise , who are so well aduised to haue the most sacred names inscribed and printed in their coines , doe take and acknowledge Iesus Christ for supreame King of Kings . The said holy characters are no representation or profession , that any Kings Crown dependeth vpon the Church , or can be taken away by the Pope . The L. Cardinal indeed so beareth vs in hand . But he inuerts the words of Iesus Christ , and wrings them out of the right ioynt . For Christ without all ambiguity and circumlocution , by the image and inscription of the money , doth directly and expressely prooue Caesar to be free from subiection , and intirely Soueraigne . Now if such a supreme and Soueraigne Prince , at any time shal bandie and combine against God , and thereby shall become a rebellious and perfidious Prince ; doubtlesse for such disloyalty he shall deserue , that God would take from him all hope of life eternall : and yet hereby neither Pope nor people hath reason to be puft vp , in their power to depriue him of his temporall Kingdome . The L. Cardinal saith besides : The champions of the Popes power to depose Kings , doe expound that commandement of S. Paul , whereby euery soule is made subiect vnto the superiour powers , to be a prouisionall precept or caution accommodated to the times ; and to stand in force , only vntill the Church was growne in strength vnto such a scantling , that it might be in the power of the faithfull , without shaking the pillars of Christian state , to stand in the breach , and cautelously to prouide that none but Christian Princes might be receiued : according to the Law in Deut. Thou shalt make thee a King frō among thy brethren . The reason whereupon they ground is this : Because Paul saith , It is a shame for Christians to bee iudged vnder vniust Infidels , in matters or busines , which they had one against an other . For which inconuenience , Iustinian after prouided by Lawe ; when he ordained that no Infidell nor heretike might be admitted to the administration of iustice in the Commonwealth . In which words of the Cardinall , the word Receiued , is to be obserued especially and aboue the rest . For by chopping in that word , he doth nimbly and with a trick of legier-de-main , transforme or change the very state of the question . For the question or issue of the cause , is not about receiuing , establishing , or choosing a Prince ; ( as in those Nations where the Kingdome goes by election ) but about doing homage to the Prince , when God hath setled him in the Kingdome , and hath cast it vpon a Prince by hereditary succession . For that which is written , Thou shalt make thee a King , doth no way concerne and touch the people of France in these dayes : because the making of their King hath not of long time been tyed to their election . The passage therefore in Deuteron ▪ makes nothing to the purpose ; no more then doth Iustinians law . For it is our free and voluntary confession , that a Christian Prince is to haue speciall care of the Laws , and to prouide that no vnbeleeuer be made Lord Cheife-Iustice of the Land , that no Infidell be put in trust with administration of iustice to the people . But here the issue doth not direct vs to speake of Delegates , of subordinate Magistrates , and such as are in Commission from the Prince , but of the supreame Prince himselfe , the Soueraigne Magistrate ordained by nature , and confirmed by succession . Our question is , whether such a Prince can be vnthroned by the Pope , by whom he was not placed in the Throne ; and whether the Pope can despoile such a Prince , of that Royaltie which was neuer giuen him by the Pope , vnder any pretended colour and imputation of heresie , of stupiditie , or infringing the priuiledges of Monasteries , or transgressing the lawes and lines of holy matrimonie . Now that Saint Pauls commandement which bindeth euery soule in the bands of subiection vnto the higher powers , is no precept giuen by way of prouiso , and onely to serue the times , but a standing and a perpetuall rule , it is hereby more then manifest . S. Paul hath grounded this commandement vpon certaine reasons , not only constant and permanent by their proper nature , but likewise necessary for euery state , condition , and revolution of the times . His reasons ; Because all powers are ordained of God : because resisting of powers is resisting the ordinance of God : because the Magistrate beares the sword to execute iustice : because obedience and subiection to the Magistrate is necessary , not onely for feare of his wrath , or feare of punishment , but also for conscience sake . It is therefore a case grounded vpon conscience , it is not a law deuised by humane wisedome ; it is not fashionable to the qualities of the times . Apostolicall instructions for the right informing of manners , are not changeable according to times and seasons . To vse the L. Cardinals language , and to followe his fancie in the matter , is to make way for two pestiferous mischeifes : First , let it be free and lawfull for Christians , to hold the commanding rules of God for prouisionall cautions , and what followes ? Men are lead into the broad way of impietie , and the whole Scripture is wiped of all authority . Then againe , for the other mischeife : The glorious triumphs of most blessed Martyrs in their vnspeakeable torments and sufferings , by the L. Cardinalls position shall be iudged vnworthy to weare the title and Crown of Martyrdom . How so ? Because ( according to his new fiction ) they haue giuen place to the violence and fury of heathen Magistrates , not in obedience to the necessary and certaine commaundement of God , but rather to a prouisionall direction , accommodated to the humours of the times . And therefore the L. Cardinall hath vsed none other clay wherewith to dawbe ouer his deuise , but plaine falsification of holy Scripture . For he makes the Apostle say to the Corinthians , It is a shame for Christians to be iudged vnder vnbeleeuing Magistrates : whereas in that whole context of Paul , there is no such matter . For when the Apostle saith , I speake it euen to your shame ; hee doth not say it is a shame for a beleeuer to be iudged vnder an Infidel , but he makes thē ashamed of their vngodly course , and vnchristian practise , that in suing and impleading one an other , they laid their actions of contention in the Courts of vnbeleeuing Iudges . The shame was not in bearing that yoke which God had charged their necks withall , but in deuouring and eating vp one an other with writs of habeas corpus , and with other processes ; as also in vncouering the shame , in laying open the shamefull parts and prankes played by Christians , before Infidels , to the great scandall of the Church . Here I say the L. Cardinall is taken in a tricke of manifest falsification . If therefore a King when hee falls to play the heretike , deserueth to be deposed ; why shall not a Cardinall when hee falls to play the iuggler with holy Scripture , deserue to be disrobed ? Meane while the indifferent Reader is to consider , how greatly this doctrine is preiudiciall , and how full of danger , to Christians liuing vnder heretical or Pagan Princes . For make it once knowne to the Emperour of Turkes , let him once get neuer so little a smacke of this doctrine ; that Christians liuing vnder his Empire do take Gods commaundement , for obedience to Princes whom they count Infidels , to bee onely a prouisionall precept for a time , and wait euery houre for all occasions to shake off the yoke of his bondage ; doubtlesse he will neuer spare with all speed to roote the whole stocke , with all the armes and branches of Christians , out of his dominions . Adde hereunto the L. Cardinalls former determination ; that possession kept neuer so long by the Turk in his Conquests ouer Christians , gaines him not by so long tract of time one inch of prescription ; and it wil appeare , that his Lordship puts the Turkish Emperour in mind , and by his instruction leades the said Emperour as it were by the hand , to haue no manner of affiance in his Christian subiects ; and withall to afflict his poore Christians with all sorts of most grieuous and cruell torments . In this regard the poore Christians of Graecia and Syria , must needes be very little beholden to his Lordship . As for my selfe , and my Popish subiects , to whome I am no lesse then an heretike forsooth ; am not I by this doctrine of the Cardinall , pricked and whetted against my naturall inclination , to turne clemencie into rigour ; seeing that by his doctrine my subiects are made to beleeue , they owe me subiection onely by way of prouiso , and with waiting the occasion to worke my vtter destruction and final ruine ? the rather , because Turkes , miscreants , and heretikes are mashalled by the Cardinall in the same ranke ; and heretikes are counted worse , yea more iustly deposeable , then Turkes and Infidels , as irreligious breakers and violaters of their oath ? Who seeth not here how great indignitie is offered to me a Christian King ? paralleld with Infidels , reputed worse then a Turke , taken for an vsurper of my Kingdomes , reckoned a Prince , to whom subiects owe a forced obedience by way of prouision , vntill they shall haue meanes to shake off the yoke , and to bare my temples of the Crowne , which neuer can be pulled from the sacred Head , but with losse of the head it selfe ? Touching the warres vndertaken by the French , English , and Germaines , in their expedition for Ierusalem , it appeares by the issue and euent of the said warres , that God approoued them not for honourable . That expedition was a deuise and inuention of the Pope , whereby he might come to be infeoffed in the Kingdoms of Christian Princes . For then al such of the French , English , or Germaines , as vndertooke the Croisade , became the Popes meere vassals . Then all robbers by the high way side , adulterers , cut-throats , and base bankerupts , were exempted from the Secular and Ciuil power , their causes were sped in Consistorian Courts , so soone as they had gotten the Crosse on their cassocks or coat-armours , and had vowed to serue in the expedition for the Leuant . Then for the Popes pleasure and at his commaundement , whole countryes were emptied of their Nobles and common souldiers . Then they made long marches into the Leuant . For what purpose ? Onely to die vpon the points of the Saracens pikes , or by the edge of their barbarous courtelasses , battle-axes , fauchions , and other weapons , without any benefit and aduantage to themselues or others . Then the Nobles were driuen to sell their goodly Mannors , and auncient demaines to the Church-men , at vnder prises and low rates ; the very roote from which a great part of the Church and Church-mens reuenewes hath sprung and growne to so great height . Then , to bee short , his most bountifull Holinesse gaue to any of the riffe-raffe-ranke , that would vndertake this expedition into the Holy land , a free and full pardon for all his sinnes , besides a degree of glory aboue the vulgar in the Celestiall Paradise . Military vertue , I confesse , is commendable and honourable ; prouided it be employed for iustice , and that generous noblenesse of valiant spirits be not vnder a colour and shadow of piety , fetcht ouer with some casts or deuises of Italian cunning . Now let vs obserue the wisedome of the L. Cardinall through this whole discourse . His Lordship is pleased in his Oration , to cite certaine few passages of Scripture , culls and picks them out for the most gracefull in shewe : leaues out of his list whole troupes of honourable witnesses , vpon whose testimonie , the Popes themselues and their principall adherents doe build his power to depose Kings , and to giue order for all Temporall causes . Take a sight of their best and most honourable witnesses . Peter said to Christ , See here two swords ; and Christ answered , It is sufficient . Christ said to Peter , Put vp thy sword into thy sheath . God said to Ieremie , I haue established thee ouer Nations and Kingdomes . Paul said to the Corinthians , The spirituall man discerneth all things . Christ said to his Apostles , Whatsoeuer yee shall loose vpon earth : by which words the Pope hath power forsooth to loose the oath of allegiance . Moses said , In the beginning God created the heauen and the earth . Vpon these passages , Pope Boniface 8. grapling and tugging with Philip the Faire , doth build his Temporall power . Other Popes and Papists auouch the like authorities . Christ said of himself , All things are giuen to me of my Father , and all power is giuen vnto me in heauen and in earth . The Deuils said , If thou cast vs out , send vs into this herd of swine . Christ said to his Disciples , Yee shall finde the colt of an asse bound , loose it and bring it vnto me . By these places the aduersaries prooue , that Christ disposed of Temporall matters ; and inferre thereupon , why not Christs Vicar as well as Christ himselfe . The places and testimonies now following are very expresse : In stead of thy fathers shall be thy children : thou shalt make them Princes through all the earth . Item , Iesus Christ not onely commaunded Peter to feed his lambs ; but said also to Peter , Arise , kill , and eat : the pleasant glosse , the rare inuention of the L. Cardinall Baronius . Christ said to the people , If I were lift vp from the earth , I wil draw all things vnto me . Who lets , what hinders this place from fitting the Pope ? Paul said to the Corinthians , Know ye not that we shall iudge the Angels ? how much more then the things that pertaine vnto this life ? A little after , Haue not wee power to eate ? These are the chiefe passages , on which as vpon maine arches , the roofe of Papall Monarchie , concerning Temporall causes , hath rested for three or foure ages past . And yet his Lordship durst not repose any confidence in their firme standing to beare vp the said roofe of Temporall Monarchie , for feare of making his auditors to burst with laughter . A wise part without question , if his Lordship had not defiled his lips before , with a more ridiculous argument drawne from the leprosie and drie scab . Let vs now by way of comparison behold Iesus Christ paying tribute vnto Caesar , and the Pope making Caesar to pay him tribute : Iesus Christ perswading the Iewes to pay tribute vnto an heathen Emperour , and the Pope dispensing with subiects for their obedience to Christian Emperours : Iesus Christ refusing to arbitrate a controuersie of inheritance partable betweene two priuate parties , and the Pope thrusting in himselfe without warrant or Commission to be absolute Iudge in the deposing of Kings : Iesus Christ professing that his Kingdome is not of this world , and the Pope establishing himselfe in a terrene Empire . In like manner the Apostles forsaking all their goods to followe Christ , and the Pope robbing Christians of their goods ; the Apostles persecuted by Pagan Emperours , and the Pope now setting his foote on the very throate of Christian Emperours , then proudly treading Imperiall Crownes vnder his feete . By this comparison , the L. Cardinals allegation of Scripture in fauour of his Master the Pope , is but a kind of puppet-play , to make Iesus Christ a mocking stocke , rather then to satisfie his auditors with any sound precepts and wholesome instructions . Hereof hee seemeth to giue some inckling himselfe . For after he hath beene plentifull in citing authorities of Scripture , and of newe Doctors , which make for the Popes power to depose Kings ; at last he comes in with a faire and open confession , that neither by diuine Oracles , nor by honourable antiquitie , this controuersie hath beene yet determined : and so pulls downe in a word with one hand , the frame of worke that he had built and set vp before with an other : discouering withal the reluctation and priuie checkes of his owne conscience . There yet remaineth one obiection , the knot whereof the L. Cardinall in a manner sweateth to vntie . His words be these : The champions for the negatiue flie to the analogie of other proceedings and practises in the Chruch . They affirme that priuate persons , masters or owners of goods and possessions among the common people , are not depriued of their goods for heresie ; and consequently that Princes much more should not for the same crime bee depriued of their estates . For answer to this reason , he brings in the defendants of deposition , speaking after this manner : In the Kingdom of France the strict execution of lawes decreed in Court against heretickes , is fauourably suspended and stopped , for the preseruation of peace and publike tranquilitie . He saith elsewhere , Conniuence is vsed towards these heretikes in regard of their multitude , because a notable part of the French Nation and State is made all of heretikes . I suppose that out of speciall charitie , hee would haue those heretikes of his own making , forewarned what courteous vse and intreaty they are to expect ; when hee affirmeth that execution of the lawes is but suspended . For indeed suspensions hold but for a time . But in a cause of that nature and importance , I dare promise my selfe , that my most honoured Brother the King of France , will make vse of other counsell : will rather seek the amitie of his neighbour Princes , and the peace of his Kingdom : will beare in minde the great and faithfull seruice of those , who in matter of religion dissent from his Maiestie , as of the onely men that haue preserued and saued the Crowne for the King his Father , of most glorious memorie . I am perswaded my Brother of France will beleeue , that his liege people pretended by the L. Cardinall to be heretikes , are not halfe so bad as my Romane Catholike subiects , who by secret practises vnder-mine my life , serue a forraine Soueraigne , are discharged by his Bulls of their obedience due to me their naturall Soueraigne , are bound ( by the maximes and rules published and maintained in fauour of the Pope , before this full and famous assembly of the Estate at Paris ; if the said maximes be of any weight and authoritie ) to hold me for no lawfull King , are there taught and instructed that Pauls commandement concerning subiection vnto the higher powers , aduerse to their professed religion , is onely a prouisionall precept , framed to the times , and watching for the opportunitie to shake off the yoake . All which notwithstanding , I deale with such Romane-Catholiks by the rules and waies of Princely clemencie ; their hainous and pernicious error , in effect no lesse then the capitall crime of high treason , I vse to call some disease or distemper of the mind . Last of all , I beleeue my said Brother of France will set downe in his tables , as in record , how little he standeth ingaged to the Lord Cardinal in this behalfe . For those of the reformed Religion professe and proclaim , that next vnder God , they owe their preseruation and safetie to the wisedome and benignity of their Kings . But now comes the Cardinall , and hee seekes to steale this perswasion out of their hearts : Hee tells them in open Parliament , and without any going about bushes , that all their welfare and securitie standeth in their multitude , and in the feare which others conceiue to trouble the State , by the strict execution of lawes against heretikes . He addeth moreouer , that Jn case a third sect should peepe out and growe vp in France , the professors thereof should suffer confiscation of their goods , with losse of life it selfe : as hath been practised at Geneua against Seruetus , and in England against Arrians . My answer is this , That punishments for heretikes , duely and according to law conuicted , are set downe by decrees of the ciuil Magistrate , bearing rule in the countrey where the said heretikes inhabite , and not by any ordinances of the Pope . I say withall , the L. Cardinal hath no reason to match and parallell the Reformed Churches with Seruetus and the Arrians . For those heretikes were powerfully conuicted by Gods word , and lawfully condemned by the auncient Generall Councils , where they were permitted and admitted to plead their owne cause in person . But as for the truth professed by me , and those of the reformed religion , it was neuer yet hissed out of the Schooles , nor cast out of any Councill , ( like some Parliament bills ) where both sides haue been heard with like indifferencie . Yea , what Councill soeuer hath beene offered vnto vs in these latter times , it hath been proposed with certaine presuppositions : as , That his Holinesse ( beeing a partie in the cause , and consequently to come vnder iudgement as it were to the barre vpon his triall ) shall be the Iudge of Assize with Commission of oyer and determiner : it shall be celebrated in a citie of no safe accesse , without safe conduct or conuoy to come or goe at pleasure , and without danger : it shall be assembled of such persons with free suffrage and voice , as vphold this rule , ( which they haue alreadie put in practise against Iohn Hus and Hierom of Prage ) that faith giuen , and oath taken to an heretike , must not be obserued . Now then to resume our former matter ; If the Pope hitherto hath neuer presumed , for pretended heresie to confiscate by sentence , either the lands or the goods of priuate persons , or common people of the French Nation , wherfore should he dare to dispossesse Kings of their Royall Thrones ? wherefore takes he more vpon him ouer Kings , then ouer priuate persons ? wherefore shal the sacred heads of Kings be more churlishly , vnciuilly , and rigorously handled , then the hoods of the meanest people ? Here the L. Cardinal in stead of a direct answer , breakes out of the lists , alleadging cleane from the purpose examples of heretikes punished , not by the Pope , but by the ciuill Magistrate of the Countrey . But Bellarmine speakes to the point with a more free and open heart : he is absolute and resolute in this opinion , that his Holinesse hath plenarie power to dispose all Temporall estates and matters in the whole world : I am confident ( saith Bellarmine ) and I speake it with assurance , that our Lord Iesus Christ in the dayes of his mortalitie , had power to dispose of all Temporall things ; yea , to strippe Soueraign Kings and absolute Lords of their Kingdomes and Seignories : and without all doubt hath granted and left euen the same power vnto his Vicar , to make vse thereof whensoeuer he shall thinke it necessary for the saluation of soules . And so his Lordship speaketh without exception of any thing at all . For who doth not knowe , that Iesus Christ had power to dispose no lesse of priuate mens possessions , then of whole Realmes and Kingdomes at his pleasure , if it had been his pleasure to display the ensignes of his power ? The same fulnesse of power is likewise in the Pope . In good time : belike his Holinesse is the sole heire of Christ , in whole and in part . The last Lateran Council fineth a Laic that speaketh blasphemie , for the first offence ( if he be a gentleman ) at 25. ducats , and at 50. for the second . It presupposeth and taketh it for graunted , that the Church may rifle and ransacke the purses of priuate men , and cast lots for their goods . The Councill of Trent diggeth as deepe for the same veine of gold and siluer . It ordaines ; That Emperours , Kings , Dukes , Princes , and Lords of cities , castles , and territories holding of the Church , in case they shall assigne any place within their limits or liberties for the duell between two Christians , shal be depriued of the said citie , castle , or place , where such duell shall be performed , they holding the said place of the Church by any kind of tenure : that all other Estates held in fee where the like offence shall be committed , shall foorthwith fall and become forfeited to their immediate and next Lords : that all goods , possessions , and estates , as well of the combatants themselues , as of their seconds shall be confiscate . This Council doth necessarily presuppose , it lieth in the hand and power of the Church , to dispose of all the lands and estates , held in fee throughout all Christendome ; ( because the Church forsooth can take from one , and giue vnto an other all estates held in fee whatsoeuer , as well such as hold of the Church , as of secular Lords ) and to make ordinances for the confiscation of all priuate persons goods . By this Canon the Kingdome of Naples hath need to looke well vnto it selfe . For one duell it may fal into the Exchecker of the Romane Church : because that Kingdome payeth a Reliefe to the Church , as a Royaltie or Seignorie that holdeth in fee of the said Church . And in France there is not one Lordship , not one Mannor , not one farme which the Pope by this means cannot shift ouer to a new Lord. His Lordship therefore had carried himselfe and the cause much better , if in stead of seeking such idle shifts , he had by a more large assertion maintained the Popes power to dispose of priuate mens possessions , with no lesse right and authoritie then of Kingdomes . For what colour of reason can be giuen , for making the Pope Lord of the whole , and not of the parts ? for making him Lord of the forrest in grosse , and not of the trees in parcell ? for making him Lord of the whole house , and not of the parlour or the dining chamber ? His Lordship alleadgeth yet an other reason , but of no better weight : Betweene the power of priuate owners ouer their goods , and the power of Kings ouer their estates , there is no little difference . For the goods of priuate persons are ordained for their owners , and Princes for the benefit of their Common-wealths . Heare me now answer . If this Cardinal-reason hath any force to inferre , that a King may lawfully be depriued of his Kingdome for heresie , but a priuate person cannot for the same crime bee turned out of his mansion house ; then it shall follow by the same reason , that a Father for the same cause may be depriued of all power ouer his children , but a priuate owner cannot be depriued of his goods in the like case : because goods are ordained for the benefit and comfort of their owners , but fathers are ordained for the good and benefit of their children . But most certaine it is , that Kings representing the image of God in earth and Gods place , haue a better and closer seat in their chaires of Estate , then any priuate persons haue in the saddle of their inheritances and patrimonies , which are daily seene for sleight causes , to flit and to fall into the hands of newe Lords . Whereas a Prince beeing the Head , cannot be loosed in the proper ioynt , nor dismounted ; like a cannon when the carriage thereof is vnlockt , without a sore shaking and a most grieuous dislocation of all the members , yea without subuerting the whole bodie of the State , whereby priuate persons without number are inwrapped together in the same ruine : euen as the lower shrubs and other brush-wood are crushed in peices altogether by the fall of a great oake . But suppose his Lordships reason were somewhat ponderous and solide withall , yet a King ( which would not be forgotten ) is indowed not onely with the Kingdome , but also with auncient desmenes and Crowne-lands , for which none can be so simple to say , the King was ordained and created King ; which neuerthelesse he looseth when he looseth his Crowne . Admit againe this reason were of some pith , to make mighty Kings more easily deposeable then priuate persons from their patrimonies ; yet all this makes nothing for the deriuing and fetching of deposition from the Popes Consistorie . What hee neuer conferred , by what right or power can hee claime to take away ? But see here no doubt a sharpe and subtile difference put by the L. Cardinall betweene a Kingdome , and the goods of priuate persons . Goods , as his Lordship saith , are without life : they can be constrained by no force , by no example , by no inducement of their owners to loose eternall life : Subiects by their Princes may . Now I am of this contrary beleefe , That an hereticall owner , or master of a family , hath greater power and means withall , to seduce his owne seruants and children , then a Prince hath to peruert his owne subiects ; and yet for the contagion of heresie , and for corrupt religion , children are not remooued from their parents , nor seruants are taken away from their masters . Histories abound with examples of most flourishing Churches , vnder a Prince of contrary religion . And if things without life or soule are with lesse danger left in an heretikes hands ; why then shall not an hereticall King with more facilitie and lesse danger keep his Crown , his Royall charge , his lands , his customes , his imposts ? &c. For will any man , except he bee out of his wits , affirme these things to haue any life or soule ? Or why shall it be counted follie , to leaue a sword in the hand of a mad Bedlam ? Is not a sword also without life and soule ? For my part , I should rather be of this minde ; that possession of things without reason , is more dangerous and pernicious in the hands of an euill Master , then the possession of things indued with life and reason . For things without life lacke both reason and iudgement , how to exempt and free themselues from being instruments in euill and wicked actions , from beeing emploied to vngodly and abhominable vses . I will not deny , that an hereticall Prince is a plague , a pernicious and mortal sicknes to the soules of his subiects . But a breach made by one mischiefe , must not be filled vp with a greater inconuenience . An errour must not be shocked and shouldered with disloialtie , nor heresie with periurie , nor impietie with sedition and armed rebellion against God and the King. God , who vseth to try and to schoole his Church , will neuer forsake his Church : nor hath need to protect his Church by any proditorious and prodigious practises of perfidious Christians . For hee makes his Church to be like the burning bush . In the middest of the fire and flames of persecutions , he will prouide that she shall not bee consumed , because he standeth in the midst of his Church . And suppose there may bee some iust cause for the French , to play the rebels against their King ; yet will it not follow , that such rebellious motions are to be raised by the bellowes of the Romane Bishop , to whose Pastorall charge and office it is nothing proper , to intermeddle in the ciuill affaires of forraine Kingdomes . Here is the summe and substance of the L. Cardinals whole discourse , touching his pretence of the second inconuenience . Which discourse he hath closed with a remarkeable confession : to wit , that neither by the authoritie of holy Scripture , nor by the testimony and verdict of the Primitiue Church , there hath beene any full decision of this question . In regard whereof he falleth into admiration , that Lay-people haue gone so farre in audaciousnesse , as to labour that a doubtfull doctrine might for euer passe currant , and be taken for a newe article of faith . What a shame , what a reproach is this ? how full of scandall ? for so his Lordship is pleased to cry out . This breakes into the seueralls and inclosures of the Church : this lets in whole herds of heresies to grase in her green and sweet pastures . On the other side , without any such Rhetoricall outcries , I simply affirme : It is a reproach , a scandall , a crime of rebellion , for a subiect hauing his full charge and loade of benefits , in the newe spring of his Kings tender age , his King-fathers blood yet reeking , and vpon the point of an addresse for a double match with Spaine ; in so honourable an assembly , to seek the thraldome of his Kings Crown , to play the captious in cauilling about causes of his Kings deposing , to giue his former life the lie with shame enough in his olde age , and to make himselfe a common by-word , vnder the name of a Problematicall Martyr ; one that offers himselfe to fagot and fire for a point of doctrine but problematically handled , that is , distrustfully and onely by way of doubtfull and questionable discourse : yea for a point of doctrine , in which the French ( as he pretendeth ) are permitted to thwart and crosse his Holines in iudgement , prouided they speake in it as in a point not certaine and necessary , but onely doubtfull and probable . The third Jnconvenience examined . THE third Inconuenience pretended by the L. Cardinall to growe by admitting this Article of the third Estate , is flourished in these colours : It would breede and bring forth an open and vnauoideable schism against his Holinesse , and the rest of the whole Ecclesiasticall bodie . For thereby the doctrine long approoued and ratified by the Pope and the rest of the Church , should now be taxed and condemned of impious and most detestable consequence ; yea the Pope and the Church , euen in faith and in points of saluation , should be reputed and beleeued to be erroniously perswaded . Hereupon his Lordship giues himselfe a large scope of the raines , to frame his elegant amplifications against schismes and schismatikes . Now to mount so high , and to flie in such place vpon the wings of amplification for this Inconuenience , what is it else but magnifically to report and imagine a mischeife by many degrees greater then the mischeife is ? The L. Cardinal is in a great error , if he make himselfe beleeue , that other nations wil make a rent or separation from the communion of the French , because the French stand to it tooth and nayle , that French Crownes are not liable or obnoxious to Papall deposition ; howsoeuer there is no schisme that importeth not separation of communion . The most illustrious Republike of Venice , hath imbarked herselfe in this quarrell against his Holinesse ▪ hath played her prize , and carried away the weapons with great honour . Doth she , notwithstanding her triumph in the cause , forbeare to participate with all her neighbors in the same Sacraments ? doth she liue in schisme with all the rest of the Romane Church ? No such matter . When the L. Cardinal himselfe not many yeeres past , maintained the Kings cause , and stood honourably for the Kings right against the Popes Temporall vsurpations , did he then take other Churches to be schismaticall , or the rotten members of Antechrist ? Beleeue it who list , I beleeue my Creed . Nay , his Lordship telleth vs himselfe a little after , that his Holinesse giues the French free scope , to maintaine either the affirmatiue or negatiue of this question . And will his Holinesse hold them schismatikes , that dissent from his opinion and iudgement in a subiect or cause esteemed problematicall ? Farre be it from his Holinesse . The King of Spaine , reputed the Popes right arme , neuer gaue the Pope cause by any act or other declaration , to conceiue that hee acknowledged himselfe deposeable by the Pope for heresie , or Tyrannie , or stupidity . But beeing well assured the Pope standeth in greater feare of his arme , then he doth of the Popes head and shoulders , he neuer troubles his owne head about our question . More , when the booke of Cardinall Baronius was come forth , in which booke the Kingdome of Naples is decryed and publiquely discredited ( like false money ) touching the qualitie of a Kingdome , and attributed to the King of Spain , not as true proprietary thereof , but onely as an Estate held in fee of the Romane Church ; the King made no bones to condemne and to banish the said booke out of his dominions . The holy Father was contented to put vp his Catholike Sonnes proceeding to the Cardinalls disgrace , neuer opened his mouth against the King , neuer declared or noted the King to bee schismaticall . Hee waits perhaps for some fitter opportunitie ; when the Kingdome of Spaine groaning vnder the burthens of intestine dissentions and troubles , he may without any danger to himselfe giue the Catholike King a Bishops mate . Yea , the L. Cardinall himselfe is better seen in the humors and inclinations of the Christian world , then to be grossely perswaded , that in the Kingdome of Spaine , and in the very heart of Rome it selfe there be not many , which either make it but a ieast , or else take it in fowle scorne , to heare the Popes power ouer the Crownes of Kings once named : especially since the Venetian Republike hath put his Holinesse to the worse in the same cause , and cast him in Lawe . What needed the L. Cardinall then , by casting vp such mounts and trenches , by heaping one amplification vpon an other , to make schisme looke with such a terrible and hideous aspect ? Who knowes not how great an offence , how heinous a crime it is to quarter , not Iesus Christs coat , but his body , which is the Church ? And what needed such terrifying of the Church with vglinesse of schisme , whereof there is neither colourable shew , nor possibility ? The next vgly monster , after schisme , shaped by the L. Cardinall in the third supposed and pretended inconuenience , is heresie . His Lordship saith for the purpose : By this Article we are cast headlong into a manifest heresie , as binding vs to confesse , that for many ages past the Catholike Church hath been banished out of the whole world . For if the champions of the doctrine contrary to this Article , doe hold an impious and a detestable opinion , repugnant vnto Gods word ; then doubtlesse the Pope for so many hundred yeers expired , hath not been the head of the Church , but an heretike and the Antechrist . He addeth moreouer ; That the Church long agoe hath lost her name of Catholike , and that in France there hath no Church flourished , nor so much as appeared these many and more then many yeeres : for as much as all the French Doctors for many yeeres together haue stood for the contrary opinion . We can erect and set vp no trophey more honourable for heretikes in token of their victorie , then to avowe that Christs visible Kingdome is perished from the face of the earth , and that for so many hundred yeeres there hath not beene any Temple of God , nor any spouse of Christ , but euery where , and all the world ouer , the Kingdome of Antechrist , the Synagogue of Satan , the spouse of the Deuill , hath mightily preuailed and borne all the sway . Lastly , what stronger engines can these heretikes wish or desire , for the battering and the demolishing of transubstantiation , of auricular confession , and other like towers of our Catholike religion , then if it should bee graunted the Church hath decided the said points without any authoritie ? &c. Me thinkes the Lord Cardinall in the whole draught and course of these words , doth seeke not a little to blemish the honour of his Church , and to marke his religion with a blacke coale . For the whole frame of his mother-Church is very easie to be shaken , if by the establishing of this Article she shall come to finall ruine and shall become the Synagoue of Satan . Likewise , Kings are brought into a very miserable state and condition , if their Soueraigntie shall not stand , if they shall not be without danger of deposition , but by the totall ruine of the Church , and by holding the Pope , whome they serue , to be Antechrist . The L. Cardinall himselfe ( let him be well sifted ) herein doth not credit his owne words . For doth not his Lordship tell vs plaine , that neither by diuine testimonie , nor by any sentence of the ancient Church , the knot of this controuersie hath been vntyed ? againe , that some of the French , by the Popes fauourable indulgence , are licensed or tolerated to say their mind , to deliuer their opinion of this question , though contrarie to the iudgement of his Holines ; prouided they hold it onely as problematicall , and not as necessary ? What ? Can there be any assurance for the Pope , that he is not Antechrist ; for the Church of Rome , that she is not a Synagogue of Satan , when a mans assurance is grounded vpon wauering and wild vncertanties , without Canon of Scrpture , without consent or countenance of antiquity , and in a cause which the Pope with good leaue suffereth some to tosse with winds of problematicall opinion ? It hath beene shewed before , that by Gods word , whereof small reckoning perhaps is made , by venerable antiquity , and by the French Church in those times when the Popes power was mounted aloft , the doctrine which teaches deposing of Kings by the Pope , hath been checked and countermaunded . What , did the French in those dayes beleeue , the Church was then swallowed vp , and no where visible or extant in the world ? No verily . Those that make the Pope of Soueraigne authoritie for matters of faith , are not perswaded that in this cause they are bound absolutely to beleeue and credit his doctrine . Why so ? Because they take it not for any decree or determination of faith ; but for a point pertaining to the mysteries of State , and a pillar of the Popes Temporal Monarchy ; who hath not receiued any promise from God , that in causes of this nature hee shall not erre . For they hold , that errour by no meanes can crawle or scramble vp to the Papall See , so highly mounted ; but graunt ambition can scale the highest walls , and climbe the loftiest pinnacles of the same See. They hold withall , that in a case of so speciall aduantage to the Pope , whereby he is made King of Kings , and as it were the pay-master or distributer of Crownes , it is against all reason that hee should sit as Iudge , to carue out Kingdoms for his own share . To be short , let his Lordship be assured that he meets with notorious blocke-heads , more blunt witted then a whetstone , when they are drawne to beleeue by his perswasion , that whosoeuer beleeues the Pope hath no right nor power to put Kings beside their Thrones , to giue and take away Crownes , are all excluded and barred out of the heauenly Kingdome . But now followes a worse matter : For they whome the Cardinall reproachfully calls heretikes , haue wrought and wonne his Lordship ( as to me seemeth ) to plead their cause at the barre , and to betray his owne cause to these heretikes . For what is it in his Lordship , but plaine playing the Praeuaricator , when he cryeth so loud , that by admitting and establishing of this Article , the doctrine of cake-incarnation and priuy Confession to a Priest , is vtterly subuerted ? Let vs heare his reason , and willingly accept of the truth from his lips . The Articles ( as his Lordshippe graunteth ) of Transubstantiation , auricular Confession , and the Popes power to depose Kings , are all grounded alike vpon the same authoritie . Now he hath acknowledged the Article of the Popes power to depose Kings , is not decided by the Scripture , nor by the auncient Church , but within the compasse of certaine ages past , by the authority of Popes and Councils . Then he goes on well , and inferres with good reason , that in case the point of the Popes power be weakned , then the other two points must needs bee shaken , and easily ouerthrowne . So that he doth confesse the monstrous birth of the breaden-God , and the blind Sacrament or vaine phantasie of auricular confession , are no more conueyed into the Church by pipes from the springs of sacred Scripture , or from the riuers of the auncient Church , then that other point of the Popes power ouer Kings and their Crownes . Very good : For were they indeede deriued from either of those two heads , that is to say , were they grounded vpon the foundation of the first or second authoritie ; then they could neuer be shaken by the downefall of the Popes power to depose Kings . I am well assured , that for vsing so good a reason , the world will hold his Lordshippe in suspicion , that he still hath some smacke of his fathers discipline and instruction , who in times past had the honour to be a Minister of the holy Gospel . Howbeit he playeth not faire , nor vseth sincere dealing in his proceeding against such as he calls heretikes ; when he casts in their dish , and beares them in hand they frowardly wrangle for the inuisibilitie of the Church in earth . For indeed the matter is nothing so . They freely acknowledge a visible Church . For howsoeuer the assembly of Gods elect , doth make a bodie not discernable by mans eye : yet we assuredly beleeue , and gladly professe , there neuer wanted a visible Church in the world ; yet onely visible to such as make a part of the same . All that are without see no more but men , they doe not see the said men to be the true Church . We beleeue moreouer of the vniuersall Church visible , that it is composed of many particular Churches , whereof some are better fined and more cleane from lees and dregs then other : and withall , we deny the purest Churches to be alwaies the greatest and most visible . The fourth and last Inconuenience examined . THE Lord Cardinall before he looketh into the last Inconuenience , vseth a certaine preamble of his owne life past , and seruices done to the Kings , Henry the III. and IIII. Touching the latter of which two Kings , his Lordship saith in a straine of boasting , after this manner : I , by the grace of God , or the grace of God by me rather , reduced him to the Catholike religion . I obtained at Rome his absolution of Pope Clement 8. I reconciled him to the holy See. Touching the first of these points ; I say the time , the occasions , and the foresaid Kings necessary affaires doe sufficiently testifie , that he was induced to change his mind , and to alter his religion , vpon the strength of other manner of arguments then Theologicall schooles , or the perswasions of the L. Cardinals fluent Rhetoricke , do vsually afford , or could possibly suggest . Moreouer , who doth not know , that in affaires of so high nature and consequence , resolutions once taken , Princes are to proceede with instructions by a formall course ? As for the Kings absolution , pretended to bee purchased of Clement 8. by the L. Cardinals good seruice ; it had beene the part of so great a Cardinall , for the honour of his King , of the Realme , and of his owne place , to haue buried that peice of his notable seruice in perpetuall silence , and in the darke night of eternall obliuion . For in this matter of reconcilement , it is not vnknowne to the world , how shamefully and basely he prostituted the inuiolable dignity of his King , when his Lordship representing the person of his King , and couching on the ground , by way of sufficient penance , was glad ( as I haue noted in the Preface to my Apologie ) to haue his venerable shoulders gracefully saluted with stripes , and reuerently worshipped with bastonados of a Pontificiall cudgell . Which gracefull , or disgracefull blemish rather , it pleased Pope Clement of his rare clemencie , to grace yet with a higher degre of spirituall graces : in giuing the L. Cardinall then Bishop of Eureux , a certaine quantity of holy graines , crosses , and medals , or little plates of siluer , or some other mettall , to hang about the necke , or to be born about against some euil . Which treasures of the Popes grace , whosoeuer should graciously and reuerently kisse , they should without faile purchase vnto themselues a pardon for one hundred yeeres . These feate and prety gugawes for children , were no doubt a speciall comfort vnto the good Kings heart , after his Maiestie had been handsomely basted vpon the L. Bishops backe . But with what face can his Lordship brag , that he preuailed with Pope Clement for the Kings absolution ? The late Duke of Neuers , not long before had solicited his Holines , with all earnest and humble instance to the same purpose ; howsoeuer , the Kings affaires then seeming desperate in the Popes eye , hee was licensed to depart for France , without any due and gracious respect vnto his errand . But so soone as the Pope receiued intelligence , of the Kings fortunes growing to the full , and the affaires of the League to be in the wane , and the principall cities , the strongest places of garrison through all France to strike tops and tops gallant , and to hale the King ; then the holy Ghost in good time inspired the holy Father with a holy desire and tender affection , to receiue this poore wandring sheep againe into the flocke of Christ , and bosome of holy Church . His Holinesse had reason . For he feared by his obstinate seuerity to prouoke the patience of the French , and to driue that Nation ( as they had many times threatned before ) then to put in execution their auncient designe ; which was , to shake off the Pope , and to set vp some of their owne tribes or kinreds for Patriarch ouer the French Church . But let his Lordshippe vouchsafe to search the secret of his owne bosome , and no doubt he will not sticke to acknowledge , that before hee stirred one foote out of France , he had good assurance of the good successe and issue of his honourable embassage . Now the hearers thus prepared by his Preface , the L. Cardinall proceedeth in his purpose ; namely to make proofe , how this Article of the third Estate , wherein doubtfull and questionable matters are mingled and confounded with certaine and indubitable principles , doth so debilitate and weaken the sinewes and vertue of any remedy intended for the danger of Kings , as it maketh all remedies and receipts prescribed for that purpose , to become altogether vnprofitable , and without effect . He yeelds this reason , ( take it forsooth vpon my warrant ) a reason full of pith and substance : The onely remedie against parricides , is to thunder the solemne curses of the Church , and the punishments to bee inflicted after death : which points , if they be not grounded vpon infallible authoritie , wil neuer be setled in mens perswasions with any certaine assurance . Now in the solemne curses of the Church , no man can attaine to the said assurance , if things not denied bee mingled with points not graunted , and not consented vnto by the Vniuersall Church . By a thing not denied and not contested , the L. Cardinall meanes prohibiting and condemning of King-killing : & by points contested , hee meanes denying of the Popes power to depose Kings . In this whole discourse , I find neither pith of argument , nor course of proofe ; but onely a cast of the L. Cardinalls office by way of counsell : whereunto I make this answer . If there be in this Article of the third Estate any point , wherein all are not of one mind and the same iudgement ; in whome lieth all the blame , from whence rises the doubt , but from the Popes and Popish parasites , by whome the certaintie of the said point hath been cunningly remooued and conueied away , and must bee restored againe by publike authoritie ? Now the way to restore certaintie vnto a point , which against reason is called into doubt and question , is to make it vp in one masse , or to tie it vp in the same bundle , with other certaine points of the same nature . Here I am forced to summon the consciences of men , to make some stand or stay vpon this point , and with me to enter into deepe consideration , how great and vnvanquishable force is euer found in the truth . For these two questions , Whether Kings may lawfully bee made away by assassins waged and hired for the act ; and Whether the Pope hath lawful power to chase Kings out of their Thrones , are by the L. Cardinals owne confession , in so full aspect of coniunction , that if either bee brought vnder any degree of doubt , the other also is fetcht within the same compasse . In which words he directly pointeth as with a finger to the very true source of the maine mischiefe , and to the basilique and liuer veine , infected with pestilentiall blood , inflamed to the destruction of Basilicall Princes by detestable parricide . For whosoeuer shall confidently beleeue that Popes are not armed with power to depose Kings ; will beleeue with no lesse confidence and assurance , it is not lawfull by sudden assaults to flie at their throats . For are not all desperate villaines perswaded , when they are hired to murder Kings , that in doing so damnable a feate , they doe it for a peice of notable and extraordinarie seruice to the Pope ? This maxime therefore is to be held for a principle vnmooueable and indubitable ; that , If subiects desire the life of their Kings to be secured ; they must not yeeld the Pope one inch of power , to depriue their Kings of their Thrones and Crownes , by deposing their Kings . The Lord Cardinall testifieth no lesse himselfe in these words : If those monsters of men , and furies of hell , by whom the life-blood of our two last Kings was let out , had euer been acquainted with Lawes Ecclesiasticall , they might haue read themselues adiudged by the Councill of Constance to expresse damnation . For in these words , the L. Cardinall preferreth a bill of inditement to cast his Holinesse ; who , vpon the commencing of the Leaguers warres , in stead of giuing order for the publishing of the said Ecclesiasticall Lawes for the restraining of all parricidicall practises and attempts , fell to the terrour of his fulminations , which not long after were seconded and ratified by the most audacious and bloody murder of King Henry III. In like manner , the whole Clergy of France are wrapped vp by the L. Cardinals words , and inuolued in the perill of the said inditement . For in stead of preaching the said Ecclesiasticall Lawes , by which all King-killing is inhibited ; the Priests taught , vented , and published nothing but rebellion ; and when the people in great deuotion came to powre their confessions into the Priests eares ; then the Priests , with a kind of counterbuffe in the second place when their turne was come , and with greater deuotion , powred blood into the eares of the people : out of which roote grewe the terrour of those cruell warres , and the horrible parricide of that good King. But let vs here take some neere sight of these Ecclesiasticall Lawes , whereby subiects are inhibited to kill , or desperately to dispatch their Kings out of the way . The L. Cardinall , for full payment of all scores vpon this reckoning , layeth downe the credit of the Council at Constance , which neuerthelesse affoardeth not one myte of true and currant payment . The truth of the historie may be taken from this briefe relation . Iohn Duke of Burgundie , procured Lewis Duke of Orleans to be murthered in Paris . To iustifie and make good this bloody act , hee produced a certaine petimaster , one called by the name of Iohn Petit . This little Iohn caused nine propositions to be giuen forth or set vp , to be discussed in the famous Vniuersitie of Paris . The summe of all to this purpose : It is lawfull , iust , and honourable , for euery subiect or priuate person , either by open force and violence , or by deceit and secret lying in wait , or by some witty stratagem , or by any other way of fact , to kill a Tyrant practising against his King and other higher powers : yea the King ought in reason , to giue him a pension or stipend , that hath killed any person disloyall to his Prince . The words of Petits first proposition be these : It is lawfull for euery subiect , without any commaund or commission from the higher powers , by all the Lawes of nature , of man , and of God himselfe , to kill or cause to be killed any Tyrant , who either by a couetous and greedie desire , or by fraud , by diuination vpon casting of lots , by double and treacherous dealing , doth plot or practise against his Kings corporall health , or the health of his higher powers . In the third proposition : It is lawfull for euery subiect , honourable and meritorious , to kill the said Tyrant , or cause him to bee killed as a Traitor , disloyall and trecherous to his King. In the sixt proposition : The King is to appoint a salarie and recompence for him that hath killed such a Tyrant , or hath caused him to be killed . These propositions of Iohannes Parvus , were condemned by the Councill of Constance , as impious , and tending to the scandall of the Church . Now then , whereas the said Councill no doubt vnderstood the name or word Tyrant in the same sense , wherein it was taken by Iohannes Parvus ; certaine it is , the Councill was not of any such iudgment or mind , to condemne one that should kil a King or Soueraigne Prince ; but one that by treason , and without commandement should kill a subiect , rebelling and practising against his King. For Iohn Petit had vndertaken to iustifie the making away of the Duke of Orleans to bee a lawfull act , and calls that Duke a Tyrant , albeit he was no Soueraigne Prince ; as all the aboue recited words of Iohn Petit doe testifie , that hee speaketh of such a Tyrant , as beeing in state of subiection rebelleth against his free and absolute Prince . So that whosoeuer shall narrowly search and looke into the minde and meaning of the said Councill , shall easily perceiue , that by their decrees the safetie of Kings was not confirmed but weakned , not augmented but diminished : for as much as they inhibited priuate persons to kill a subiect , attempting by wicked counsells and practises to make away his King. But be it graunted , the Council of Constance is flat and altogether direct against King-killers . For I am not vnwilling to be perswaded , that had the question then touched the murdering of Soueraign Princes , the said Council would haue passed a sound and holy decree . But , I say , this graunted , what sheild of defence is hereby reached to Kings , to ward or beat off the thrusts of a murderers weapon , and to saue or secure their life ? seeing the L. Cardinal , building vpon the subtile deuise and shift of the Iesuites , hath taught vs out of their Schooles , that by Kings are vnderstood Kings in esse , not yet fallen from the supreame degree of Soueraigne Royalty . For beeing once deposed by the Pope , ( say the Iesuites ) they are no longer Kings , but are fallen from the rights of Soueraigne dignity ; and consequently to make strip and wast of their blood , is not forsooth to make strip and wast of Royall blood . These Iesuiticall masters , in the file of their words are so supple and so limber , that by leauing still in their speech some starting hole or other , they are able by the same , as by a posterne or back-doore , to make an escape . Meane while the Readers are here to note ( for well they may ) a tricke of monstrous and most wicked cunning . The L. Cardinall contends for the bridling and hampering of King-killers by the Lawes Ecclesiasticall . Now it might be presumed , that so reuerend and learned a Cardinal intending to make vse of Ecclesiasticall laws , by vertue whereof the life of Kings may be secured , would fill his mouth and garnish the point with diuine Oracles , that wee might the more gladly and willingly giue him the hearing , when he speakes as one furnished with sufficient weight and authoritie of sacred Scripture . But behold , in stead of the authenticall and most auncient word , he propounds the decree of a late-borne Councill at Constance , neither for the Popes tooth , nor any way comming neere the point in controuersie . And suppose it were pertinent vnto the purpose , the L. Cardinall beareth in his hand a forke of distinction , with two tines or teeth to beare off , nay to shift off and to avoide the matter with meere dalliance . The shortest and neerest way ( in some sort of respects ) to establish a false opinion , is to charge or set vpon it with false and with ridiculous reasons . The like way to worke the ouerthrow of true doctrine , is to rest or ground it vpon friuolous reasons or authorities of stubble-weight . For example ; if wee should thus argue for the immortality of the soule with Plato : The swan singeth before her death ; ergo , the soule is immortall . Or thus with certain seduced Christians : The Pope hath ordained the word of God to be authenticall : ergo , all credit must be giuen to diuine Scripture . Vpon the spurkies or hookes of such ridiculous arguments and friuolous reasons , the L. Cardinall hangs the life and safetie of Kings . With like artificiall deuises he pretendeth to haue the infamous murders , and apposted cutting of Kings throats in extreame detestation ; and yet by deposing them from their Princely dignities , by degrading them from their supreme and Soueraigne authorities , he brings their sacred heads to the butchers blocke . For a King deposed by the Pope , ( let no man doubt ) will not leaue any stone vnremooued , nor any meanes and wayes vnattempted , nor any forces or powers of men vnleuied or vnhired , to defend himselfe and his Regall dignitie , to represse and bring vnder his rebellious people , by the Pope discharged of their allegiance . In this perplexitie of the publike affaires , in these tempestuous perturbations of the State , with what perills is the King not besieged and assaulted ? His head is exposed to the chances of warre ; his life a faire marke to the insidious practises of a thousand traytors ; his Royall person obuious to the dreadfull storme of angry fortune , to the deadly malice , to the fatall and mortall weapons of his enemies . The reason : He is presupposed to be lawfully and orderly stripped of his Kingdome . Wil he yet hold the sterne of his Royall estate ? Then is he necessarily taken for a Tyrant , reputed an vsurper , and his life is exposed to the spoyle . For the publike lawes make it lawfull and free , for any priuate person to enterprise against an vsurper of the Kingdome : Euery man , saith Tertullian , is a souldier , to beare armes against all Traytors and publike enemies . Take from a King the title of lawful King , you take from him the warrant of his life , and the weapons whereby he is maintained in greater security , then by his Royall Guard armed with swords and halbards , through whose wards and rankes , a desperate villaine will make himselfe an easie passage , beeing master of an other mans life , because he is prodigall and carelesse of his owne . Such therefore as pretend so much pittie towards Kings , to abhorre the bloody opening of their liuer-veine , and yet withall to approoue their hoysting out of the Royall dignity ; are iust in the vaine and humour of those that say , Let vs not kill the King , but let vs disarme the King that he may die a violent death : let vs not depriue him of life , but of the meanes to defend his life : let vs not strangle the King and stoppe his vitall breath , so long as he remaineth King ; O that were impious , O that were horrible and abhominable ; but let him bee deposed , and then whosoeuer shall runne him through the body with a weapon vp to the very hilts , shall not beare the guilt of a King-killer . All this must be vnderstood to be spoken of Kings , who after they are despoyled of Regalitie , by sentence of deposition giuen by the Pope , are able to arme themselues , and by valiant armes doe defend their Soueraigne rights . But in case the King , blasted with Romane lightning , and stricken with Papall thunder , shall actually and speedily bee smitten downe from his high Throne of Regality , with present losse of his Kingdome ; I beleeue it is almost impossible for him to warrant his owne life , who was not able to warrant his own Kingdome . Let a cat be throwne from a high roofe to the bottome of a cellour or vault , she lighteth on her feete , and runneth away without taking any harme . A King is not like a cat , howsoeuer a cat may looke vpon a King : he cannot fall from the loftie pinnacle of Royaltie , to light on his feet vpon the hard pauement of a priuate state , without crushing all his bones in peices . It hath been the lot of very few Emperours and Kings , to outliue their Empire . For men ascend to the lofty Throne of Kings , with a soft and easie pace , by certaine steps and degrees ; there be no stately staires to come downe , they tumble head and heeles together when they fall . He that hath once griped anothers Kingdom , thinks himselfe in little safetie , so long as he shall of his courtesy suffer his disseised predecessor to draw his breath . And say that some Princes , after their fall from their Thrones , haue escaped both point and edge of the Tyrants weapon ; yet haue they wandred like miserable fugitiues in forraine countryes , or else haue beene condemned like captiues to perpetuall imprisonment at home , a thousand-fold worse and more lamentable then death it selfe . Dyonisius the Tyrant of Syracusa , from a great King in Sicilie turn'd School-master in Corinth . It was the onely calling & kind of life , that as he thought bearing some resemblance of rule and gouernment , might recreate his mind , as an image or picture of his former Soueraigntie ouer men . This Dyonisius was the onely man ( to my knowledge ) that had a humour to laugh after the losse of a Kingdome , and in the state of a Pedant or gouernour of children , merily to ieast and to scorne his former state and condition of a King. In this my Kingdome of England , sundry Kings haue seen the walls as it were of their Princely fortresse dismantled , razed , and beaten downe . By name , Edward and Richard , both II. and Henrie VI. all which Kings were most cruelly murdered in prison . In the raigne of Edward III. by act of Parliament , whosoeuer shal imagine , ( that is the very word of the Statute ) or machinate the Kings death , are declared guilty of rebellion and high treason . The learned Iudges of the Land , grounding vpon this law of Edward the third , haue euer since reputed and iudged them traytors according to Law , that haue dared onely to whisper or talke softly between the teeth , of deposing the King. For they count it a cleare case , that no Crowne can be taken from a Kings head , without losse of Head and Crowne together , sooner or later . The L. Cardinall therefore in this most weighty and serious point doth meerely dally , and flowt after a sort , when he tels vs , The Church doth not intermeddle with releasing of subiects , and knocking off their yrons of obedience , but onely before the Ecclesiasticall tribunall seate ; and that besides this double censure , of absolution to subiects , and excommunication to the Prince , the Church imposeth none other penaltie . Vnder pretence of which two censures , so far is the Church ( as the L. Cardinal pretendeth ) from consenting that any man so censured should be touched for his life , that shee vtterly abhorreth all murder whatsoeuer ; but especially all sudden and vnprepenced murders , for feare of casting away both body and soule ; which often in sudden murders goe both one way . It hath been made manifest before , that all such proscription and setting forth of Kings to port-sale , hath alwaies for the traine thereof , either some violent and bloody death , or some other mischiefe more intolerable then death it selfe . What are we the better , that parricides of Kings are neither set on , nor approoued by the Church in their abhominable actions ; when she layeth such plots , and taketh such courses , as necessarily doe inferre the cutting of their throates ? In the next place be it noted , that his Lordship against all reason , reckons the absoluing of subiects from the oath of allegiance , in the ranke of penalties awarded and enioyned before the Ecclesiasticall tribunall seate . For this penaltie is not Ecclesiasticall , but Ciuill , and consequently not triable in Ecclesiasticall Courts , without vsurping vpon the ciuill Magistrate . But I wonder with what face the Lord Cardinall can say , the Church neuer consenteth to any practise against his life , whome she hath once chastised with seuere censures . For can his Lordship be ignorant , what is written by Pope Vrbanus , Can. Excommunicatorum . We take them not in any wise to be man-slayers , who in a certain heate of zeale towards the Catholike Church their Mother , shall happen to kill an excomunicate person . More , if the Pope doth not approoue and like the practise of King-killing , wherefore hath not his Holinesse imposed some seuere censure vpon the booke of Mariana the Iesuite ( by whome parricides are commended , nay highly extolled ) when his Holines hath been pleased to take the paines , to censure and call in some other of Mariana's bookes ? Againe , wherefore did his Holines aduise himselfe , to censure the decree of the Court of Parliament in Paris against Iohn Chastell ? Wherefore did he suffer Garnet and Oldcorne my powder-miners , both by bookes and pictures vendible vnder his nose in Rome , to be inrowled in the Canon of holy Martyrs ? And when he saw two great Kings murdered one after an other , wherfore by some publike declaration did not his Holinesse testifie to all Christendome , his inward sense and true apprehension of so great misfortune , as all Europe had iust cause to lament on the behalfe of France ? Wherefore did not his Holinesse publish some Lawe or Pontificiall decree , to prouide for the securitie of Kings in time to come ? True it is that he censured Becanus his booke . But wherefore ? That by a captious and sleight censure , he might preuent a more exact and rigorous decree of the Sorbon Schoole . For the Popes checke to Becanus , was onely a generall censure and touch , without any particular specification of matter touching the life of Kings . About some two moneths after , the said book was printed againe , with a dedication to the Popes Nuntio in Germany ; yet without any alteration , saue onely of two articles containing the absolute power of the people ouer Kings . In recompence and for a counterchecke whereof , three or fowre articles were inserted into the said book , touching the Popes power ouer Kings ; articlcs no lesse wicked and iniurious to Regall rights ; nay more iniurious then any of the other clauses , whereof iust cause of exception and complaint had been giuen before . If I would collect and heape vp examples of auncient Emperours , ( as of Henrie IV. whos 's dead corps felt the rage and fury of the Pope ; or of Frederic 2. against whome the Pope was not ashamed to whet and kindle the Sultane ; or of Queen Elizabeth our Predecessour , of glorious memorie , whose life was diuers times assaulted by priuie murderers , expressely dispatched from Rome for that holy seruice ) if I would gather vp other examples of the same stampe , which I haue laid forth in my Apology for the oth of allegiance ; I could make it more cleare then day-light , how farre the L. Cardinals words are discrepant from the truth , where his Lordship out of most rare confidence is bold to avowe , That neuer any Pope went so farre , as to giue consent or counsell for the desperate murdering of Princes . That which already hath beene alleadged may suffice to conuince his Lordship : I meane , that his Holinesse by deposing of Kings , doth lead them directly to their graues and tombes . The Cardinal himselfe seemeth to take some notice hereof . The Church ( as he speaketh ) abhorreth sudden and vnprepensed murders aboue the rest . Doth not his Lordship in this phrase of speech acknowledge , that murders committed by open force , are not so much disavowed or disclaimed by the Church ? A little after he speakes not in the teeth , as before , but with full and open mouth : that he doth not dislike a King once deposed by the Pope , should be pursued with open warre . Whereupon it followes , that in warre the King may be lawfully slaine . No doubt a remarkeable degree of his Lordships clemencie . A King shall be better entreated and more mildly dealt withall , if he be slaine by the shot of an harquebuse or caleeuer in the field , then if he be stabd by the stroke or thrust of a knife in his chamber : or if at a siege of some city he be blown vp with a myne , then by a myne made , and a train of gunpowder laid vnder his Palace or Parliament house in time of peace . His reason : Forsooth , because in sudden murders , oftentimes the soule & the bodie perish both together . O singular bounty , and rare clemencie ! prouokers , instigators , strong puffers and blowers of parricides , in mercifull compassion of the soule , become vnmercifull and shamefull murderers of the body . This deuice may well claime and challenge kinred of Mariana the Iesuites inuention . For he liketh not at any hand the poisoning of a Tyrant by his meate or drinke ; for feare least he taking the poison with his owne hand , and swallowing or gulping it down in his meat or drinke so taken , should be found felo de se , ( as the common Lawyer speaketh ) or culpable of his owne death . But Mariana likes better , to haue a Tyrant poysoned by his chaire , or by his apparell and robes , after the example of the Mauritanian Kings ; that beeing so poysoned onely by sent , or by contact , he may not be found guilty of selfe-fellonie , and the soule of the poore Tyrant in her flight out of the body may be innocent . O hell-hounds , O diabolicall wretches , O infernall monsters ! Did they onely suspect and imagine , that either in Kings there is any remainder of Kingly courage , or in their subiects any sparke left of auncient libertie ; they durst as soon eate their nayles , or teare their owne flesh from the bones , as once broach the vessell of this Diabolicall deuice . How long then , how long shall Kings whom the Lord hath called his Anointed , Kings the breathing images of God vpon earth ; Kings that with a wry or frowning looke , are able to crush these earth-wormes in peices ; how long shall they suffer this viperous brood , scot-free and without punishment , to spit in their faces ? how long , the Maiestie of God in their person and Royall Maiestie to bee so notoriously vilified , so dishonourably trampled vnder foote ? The L. Cardinall bourds vs with a like manifest ieast , and notably trifles ; first , distinguishing between Tyrants by administration , and Tyrants by vsurpation ; then shewing that he by no meanes doth approoue those prophane and heathenish Lawes , whereby secret practises and conspiracies against a Tyrant by administration are permitted . His reason . Because after deposition there is a certaine habitude to Royall dignitie , and as it were a kind of politicke character inherent in Kings , by which they are discerned from persons meerely priuate , or the common sort of people ; and the obstacle , crosse-barre , or sparre once remooued and taken out of the way , the said Kings deposed are at length reinuested and endowed againe with lawfull vse of Royall dignitie , and with lawfull administration of the Kingdome . Is it possible that his Lordship can speake and vtter these words according to the inward perswasion of his heart ? I beleeue it not . For admit a King cast out of his Kingdom were sure to escape with life ; yet beeing once reduced to a priuate state of life , after hee hath wound or wrought himselfe out of deadly danger , so farre he is from holding or retayning any remainder of dignity or politike impression , that on the contrary he falleth into greater contempt and misery , then if he had beene a very peasant by birth , and had neuer held or gouerned the sterne of Royall estate . What fowle is more beautifull then the peacocke ? Let her be plumed and bereft of her feathers ; what owle , what iacke-daw more ridiculous , more without all pleasant fashion ? The homely sowter , the infamous catchpol , the base tincker , the rude artificer , the pack-horse-porter , then liuing in Rome with liberty , when Valentinian was detaind captiue by Saporas the Persian King , was more happy then that Romane Emperour . And in case the Lord Cardinall himselfe should be so happy ( I should say so vnfortunate ) to be stript of all his dignities and Ecclesiastical promotions ; would it not redound to his Lordships wonderfull consolation , that in his greatest extremitie , in the lowest of his barenesse and nakednesse , he still retaineth a certaine habituall right and character of a Cardinall , whereby to recouer the losse of his former dignities and honours ? when hee beholds these prints and impressions of his foresaid honours ; would it not make him the more willing and glad , to forsake the backe of his venerable mule , to vse his Cardinals foot-cloath no longer , but euer after like a Cardinall in print and character , to walke on foote ? But let vs examine his Lordships consolation of Kings , thrust out of their kingdomes by the Pope for heresie . The obstacle ( as the L. Cardinall speaketh ) beeing taken away ; that is to say , when the King shal be reformed ; this habituall right and character yet inherent in the person of a King , restores him to the lawfull administration of his Kingdome . I take this to be but a cold comfort . For here his Lordship doth onely presuppose , and not prooue , that after a King is thrust out of his Throne , when he shall repent and turne true Romane Catholike , the other by whome he hath been cast out , and by force disseised , will recall him to the Royal seate , and faithfully settle him againe in his auncient right , as one that reioyceth for the recouery of such a lost sheep . But I should rather feare , the new King would presse and stand vpon other termes ; as a terme of yeeres for a triall , whether the repentance of the King displaced be true and sound to the coare , or counterfeit , dissembled , and painted holines ; for the words , the sorrowfull and heauy lookes , the sadde and formal gestures , of men pretending repentance , are not alwaies to be taken , to be respected , to be credited . Again , I should feare the afflicted King might be charged and borne downe too , that albeit he hath renounced his former heresie , he hath stumbled since at an other stone , and runne the ship of his faith against some other rock of new hereticall prauitie . Or I should yet feare , he might be made to beleeue , that heresie maketh a deeper impression , and a character more indeleble in the person , then is the other politike character of Regall Maiesty . Alas , good Kings ! in how hard , in how miserable a state doe they stand ? Once deposed , and euer barred of repentance . As if the scapes and errors of Kings , were all sinnes against the Holy Ghost , or sinnes vnto death , for which it is not lawfull to pray . Falls a priuate person ? he may be set vp , and new established . Fals a King ? is a King deposed ? his repentance is euer fruitles , euer vnprofitable . Hath a priuate person a trayne of seruants ? He can not be depriued of any one without his priuity and consent . Hath a King millions of subiects ? He may be depriued by the Pope of a third part , when his Holinesse will haue them turne Clerics or enter cloisters , without asking the King leaue : & so of subiects they may be made nonsubiects . But I question yet further . A King falling into heresie , is deposed by the Pope ; his sonne stands pure Catholike . The Regall seate is empty . Who shall succeed in the deposed Kings place ? Shall a stranger be preferred by the Pope ? That were to do the innocent sonne egregious and notorious wrong . Shall the sonne himselfe ? That were a more iniurious part in the sonne against his father . For if the sonne be touched with any feare of God , or mooued with any reuerence towards his Father , he will diligently and seriously take heed , that he put not his Father by the Kingdome , by whose meanes he himselfe is borne to a Kingdome . Nor will he tread in the steps of Henry V. Emperour , who by the Popes instigation , expelled and chased his aged father out of the Imperiall dignity . Much lesse will he hearken to the voice & aduise of Doctor Suares the Iesuite ; who , in his booke written against my selfe , a book applauded and approoued of many Doctors , after he hath like a Doctor of the chaire , pronounced , That a King deposed by the Pope , cannot bee lawfully expelled or killed , but onely by such as the Pope hath charged with such execution : falleth to adde a little after : If the Pope shall declare a King to be an heretike , and fallen from the Kingdome , without making further declaration touching execution ; that is to say , without giuing expresse charge vnto any to make away the King : then the lawfull successor beeing a Catholike , hath power to do the feate ; and if he shall refuse , or if there shall bee none such , then it appertaineth to the comminaltie or body of the Kingdome . A most detestable sentence . For in hereditarie Kingdoms , who is the Kings lawfull successor , but his sonne ? The sonne then by this doctrine , shall imbrew his hands in his owne fathers blood , so soone as he shall be deposed by the Pope . A matter so much the neerer and more deepely to be apprehended , because the said most outragious booke flyeth like a furious mastiffe directly at my throat , and withal instilleth such precepts into the tender disposition of my sonne , as if hereafter he shall become a Romane Catholike , so soone as the Pope shall giue me the lift out of my Throne , shall bind him forthwith to make effusion of his owne fathers blood . Such is the religion of these Reuerend Fathers , the pillars of the Pontificiall Monarchie . In comparison of whose religion and holinesse , all the impietie that euer was among the Infidels , and all the barbarous cruelty that euer was among the Canibals , may passe henceforth in the Christian world for pure clemencie and humanity . These things ought his Lordship to haue pondered , rather then to babble of habitudes and politike characters , which to the common people are like the Bergamasque or the wild-Irish forme of speech , and passe their vnderstanding . All these things are nothng in a manner , if we compare them with the last clause , which is the closer , and as it were the vpshot of his Lordships discourse . For therein he laboureth to perswade concerning this Article , framed to bridle the Popes tyrannicall power ouer Kings , if it should receiue gratious entertainment , and general approbation ; That it would breed great danger , and worke effects of pernicious consequence vnto Kings . The reason : because it would prooue an introduction to schisme ; and schisme would stirre vp ciuill warres , contempt of Kings , distempered inclinations and motions to intrappe their life ; and which is worst of all , the fierce wrath of God , inflicting all sorts of calamities . An admirable paradoxe , and able to strike men stone-blind : that his Holinesse must haue power to depose Kings , for the better security and safegard of their life ; that when their Crownes are made subiect vnto an others will and pleasure , then they are come to the highest altitude and eleuation of honour ; that for the onely warrant of their life , their supreame and absolute greatnes must be depressed ; that for the longer keeping of their Crownes , an other must plucke the Crowne from their heads . As if it should be said , Would they not be stript naked by an other ? the best way is , for themselues to vntrusse , for themselues to put off all , and to goe naked of their owne accord . Will they keepe their Soueraigntie in safetie for euer ? The best way is to let an other haue their Soueraigne authority and supreame Estate in his power . But I haue been euer of this mind , that when my goods are at no mans command or disposing but mine owne , then they are truely and certainly mine owne . It may be this error is growne vpon me and other Princes , for lacke of braines : whereupon it may be feared , or at least coniectured , the Pope meanes to shaue our crownes , and thrust vs into some cloister , there to hold ranke in the brotherhood of good King Childeric . For as much then as my dull capacity doth not serue me to reach or comprehend the pith of this admirable reason , I haue thought good to seeke and to vse the instruction of old and learned experience , which teacheth no such matter : by name , that ciuill warres and fearefull perturbations of State in any nation of the world , haue at any time growne from this faithfull credulity of subiects , that Popes in right haue no power , to wrest and lift Kings out of their dignities and possessions . On the other side , by establishing the contrary maximes , to yoke and hamper the people with Pontificiall tyrannie , what rebellious troubles and stirres , what extreame desolations hath England been forced to feare and feele , in the raigne of my Predecessors Henry II. Iohn , and Henry III ? These be the maximes and principles , which vnder the Emperour Henry IV. and Frederic the I. made all Europe flowe with channels and streames of blood , like a riuer with water , while the Saracens by their incursions and victories ouerflowed , and in a manner drowned the honour of the Christian name in the East . These bee the maximes and principles , which made way for the warres of the last League into France ; by which the very bowels of that most famous and flourishing Kingdome were set on such a combustion , that France herselfe was brought within two fingers breadth of bondage to an other Nation , and the death of her two last Kings most villanously and trayterously accomplished . The Lord Cardinall then giuing these diabolicall maximes for meanes to secure the life and estate of Kings , speaketh as if he would giue men counsell to dry themselues in the riuer , when they come as wet as a water spaniel out of a pond ; or to warme themselues by the light of the Moone , when they are starnaked , and well neere frozen to death . The Conclusion of the Lord of Perron examined . AFTER the L. Cardinal hath stoutly shewed the strength of his arme , and the deepe skill of his head in fortification ; at last he leaues his loftie scaffolds , and falls to work neerer the ground , with more easie tooles of humble prayers and gentle exhortations . The summe of the whole is this : He adiures his auditors neuer to forge remedies , neuer so to prouide for the temporall safetie of Kings , as thereby to worke their finall falling from eternall saluation : neuer to make any rent or rupture in the vnity of the Church , in this corrupt age infected with pestilent heresies , which alreadie hauing made so great a breach in the walls of France , will no doubt double their strength by the dissentions , diuisions , and schismes of Catholikes . If this infectious plague shall still encrease and growe to a carbuncle , it can by no meanes poyson religion ; without bringing Kings to their winding sheetes and wofull hearses . The first rowlers of that stone of offence , aymed at no other marke , then to make an ignominious and lamentable rent in the Church . He thinks the Deputies of the third Estate , had neither head nor first hand in contriuing this Article ; but holds it rather a newe deuice and subtile inuention , suggested by persons , which beeing alreadie cut off by their owne practises from the body of the Romane Church , haue likewise inueigled and insnared some that beare the name of Catholiks , with some other Ecclesiastics ; and vnder a faire pretence and goodly cloake , by name , the seruice of the King , haue surprised and played vpon their simplicitie . These men ( as the Cardinal saith ) doe imitate Julian the Apostata , who to bring the Christians to idolatrous worship of false gods , commaunded the idols of Iupiter and Venus to be intermingled with Imperiall statues , and other Images of Christian Emperours , &c. Then after certaine Rhetoricall flourishes , his Lord ship fals to prosecute his former course , and cries out of this Article ; A monster hauing the tayle of a fish , as if it came cutting the narrow Seas out of England . For in full effect it is downright the English oath ; sauing that indeede the oath of England runneth in a more mild forme , and a more moderate straine . And here he suddenly takes occasion to make some digression . For out of the way , and cleane from the matter , he entreth into some purpose of my praise and commendation . He courteously forsooth is pleased to grace me with knowledge of learning , and with ciuill vertues . Hee seemeth chiefly to reioyce in his owne behalfe , and to giue me thanks , that I haue done him the honour to enter the lists of Theologicall dispute against his Lordship . Howbeit he twitches and carpes at me withall , as at one that soweth seeds of dissention and schisme amongst Romane Catholiks . And yet he would seeme to qualifie the matter , and to make all whole againe , by saying , That in so doing I am perswaded I doe no more then my dutie requires . But now ( as his Lordship followes the point ) it standeth neither with godlinesse , nor with equity , nor with reason , that Acts made , that Statutes , Decrees , and Ordinances ratified for the State and Gouernement of England , should be thrust for binding Laws vpon the Kingdome of France : nor that Catholikes , and much lesse that Ecclesiastics , to the ende they may liue in safetie , and freely enioy their priuiledges or immunities in France , should be forced to beleeue , and by oath to seale the same points , which English Catholikes to the ende they may purchase libertie onely to breath , nay sorrowfully to sigh rather , are constrained to allow and to aduowe besides . And whereas in England there is no small number of Catholikes , that lacke not constant and resolute minds to endure all sorts of punishment , rather then to take that oath of allegiance ; will there not be found an other manner of number in France , armed with no lesse constancie and Christian resolution ? There will , most honourable Auditors , there will without all doubt : and we all that are of Episcopall dignity will sooner suffer Martyrdome in the cause . Then out of the super-abundance and ouer-weight of his Lordships goodnesse , he closely coucheth and conuayeth a certaine distastfull opposition between me and his King ; with prayses and thankes to God , that his King is not delighted , and takes no pleasure to make Martyrs . All this Artificial and swelling discourse like vnto puffe-past , if it be viewed at a neere distance , will be found like a bladder full of wind , without any soliditie of substantiall matter . For the Deputies of the third Estate were neuer so voide of vnderstanding , to beleeue that by prouiding for the life and safety of their King they should thrust him headlong into eternall damnation . Their braines were neuer so much blasted , so farre benummed , to dreame the soule of their King cannot mount vp to heauen , except he be dismounted from his Princely Throne vpon earth , whensoeuer the Pope shall hold vp his finger . And whereas he is bold to pronounce , that heretikes of France doe make their benefit and aduantage of this diuision ; that speech is grounded vpon this proposition ; That professors of the Christian Religion reformed ( which is to say , purged and cleansed of all Popish dregs ) are heretiks in fact , and ought so to be reputed in right . Which proposition his Lordship wil neuer soundly and sufficiently make good , before his Holinesse hath compiled an other Gospell , or hath forged an other Bible at his Pontificiall anvile . The L. Cardinall vndertooke to reade me a lecture vpon that argument ; but euer since hath played Mum-budget , and hath put himselfe to silence , like one at a Non-plus in his enterprise . There be three yeeres already gone and past , since his Lordship beganne to shape some answer to a certaine writing dispatched by me in few daies . With forming and reforming , with filing and polishing , with labouring and licking his answer ouer and ouer againe , with reiterated extractions and calcinations , it may be coniectured that all his Lordships labour and cost is long since evaporated and vanished in the aire . Howbeit , as well the friendly conference of a King , ( for I will not call it a contention ) as also the dignitie , excellencie , and importance of the matter , long since deserued , and as long since required the publishing of some or other answer . His Lordships long silence will neuer be imputed to lacke of capacity , wherewith who knoweth not how abundantly he is furnished ; but rather to well aduised agnition of his owne working and building vpon a weake foundation . But let vs returne vnto these heretikes , that make so great gaine by the disagreement of Catholikes . It is no part of their dutie to aime at sowing of dissentions ; but rather to intend and attend their faithfull performance of seruice to their King. If some be pleased , and others offended , when so good and loyall duties are sincerely discharged ; it is for all good subiects to grieue and to be sory , that when they speake for the safetie of their King and honour of the truth , it is their hard hap to leaue any at all vnsatisfied . But suppose the said heretikes were the Authors of this Article preferred by the third Estate . What need they to conceale their names in that regard ? What need they to disclaime the credit of such a worthy act ? Would it not redound to their perpetuall honour , to be the onely subiects that kept watch ouer the Kings life and Crowne , that stood centinell , and walked the rounds for the preseruation of his Princely diademe , when all other had no more touch , no more feeling thereof then so many stones ? And what neede the Deputies for the third Estate , to receiue instructions from forraine Kingdomes , concerning a cause of that nature ; when there was no want of domesticall examples , and the French histories were plentifull in that argument ? What need they to gape for this reformed doctrine , to come swimming with a fishes tayle out of an Island to the mayne continent , when they had before their eyes the murders of two Kings , with diuerse ciuill warres , and many Arrests of Court , all tending to insinuate and suggest the introduction of the same remedy ? Suggestions are needlesse from abroad , when the mischiefe is felt at home . It seemes to me that his Lordship in smoothing and tickling the Deputies for the third Estate , doth no lesse then wring and wrong their great sufficiencie with contumely and outragious abuse : as if they were not furnished with sufficient foresight , & with loyal affection towards their King , for the preseruation of his life and honour , if the remedie were not beaten into their heads by those of the Religion , reputed heretikes . Touching my selfe , ranged by his Lordship in the same ranke with sowers of dissention ; I take my God to witnes , and my owne conscience , that I neuer dream'd of any such vnchristian proiect . It hath been hitherto my ordinary course to follow honest counsells , and to walke in open waies . I neuer wonted my selfe to holes and corners , to crafty shifts , but euermore to plain and open designes . I need not hide mine intentions for feare of any mortall man , that puffeth breath of life out of his nostrils . Nor in any sort doe I purpose , to set Iulian the Apostata before mine eyes , as a patterne for me to follow . Iulian of a Christian became a Pagan : I professe the same faith of Christ still , which I haue euer professed : Iulian went about his designes with crafty conueiances ; I neuer with any of his captious and cunning sleights : Iulian forced his subiects to infidelitie against Iesus Christ ; I labour to induce my subiects vnto such tearmes of loyaltie towards my selfe , as Iesus Christ hath prescribed and taught in his word . But how farre I differ from Iulian , it is to bee seene more at large in my answer to Bellarmines Epistles written to Blackwell ; from whence the Lord Cardinall borrowing this example , it might well haue beseemed his Lordship to borrow likewise my answer from the same place . Now as it mooues me nothing at all , to be drawne by his Lordship into suspitions of this nature and qualitie : so by the prayses , that he rockes me withall , I will neuer be lulled asleepe . To commend a man for his knowledge , and withall to take from him the feare of God , is to admire a souldier for his goodly head of haire or his curled locks , and withall to call him base coward , faint-hearted and fresh-water souldier . Knowledge , wit , and learning in an hereticke , are of none other vse and seruice , but onely to make him the more culpable , and consequently obnoxious to the more grieuous punishments . All vertues turne to vices , when they become the seruants of impietie . The hand-maids which the Soueraigne Lady Wisdome calleth to be of her traine in the 9. Prouerb . are moral vertues , and humane sciences ; which then become pernicious , when they runne away from their Soueraigne Lady-Mistris , and put ouer themselues in seruice to the Deuill . What difference is between two men , both alike wanting the knowledge of God ; the one fnrnished with arts and ciuill vertues , the other brutishly barbarous and of a deformed life , or of prophane manners ? What is the difference between these two ? I make this the onely difference : the first goeth to hell with a better grace , and falleth into perdition with more facility , then the second . But he becommeth exceedingly wicked , euen threefold and fourefold abhominable , if he wast his treasure and stocke of ciuill vertues in persecuting the Church of Christ : and if that may be layed in his dish which was cast in Caesars teeth , that in plain sobernes and well-setled temper , he attempts the ruine of the Common-wealth , which from a drunken sot might receiue perhaps a more easie fall . In briefe , I scorn all garlands of praises , which are not euer greene ; but beeing drie and withered for want of sap and radicall moysture , doe flagge about barbarous Princes browes . I defie and renounce those prayses , which fit me no more then they fit a Mahumetane King of Marocco . I contest against all praises which grace me with pety accessories , but rob me of the principall , that one thing necessary ; namely , the feare and knowledge of my God : vnto whose Maiesty alone , I haue deuoted my scepter , my sword , my penne , my whole industry , my whole selfe , with all that is mine in whole and in part . I doe it , I doe it in all humble acknowledgement of his vnspeakable mercy and fauour , who hath vouchsafed to deliuer me from the erroneous way of this age , to deliuer my Kingdome from the Popes tyrannicall yoake , vnder which it hath lyen in times past most grieuously oppressed . My Kingdome where God is now purely serued , and called vpon in a tongue which all the vulgar vnderstand . My Kingdom , where the people may now reade the Scriptures without any speciall priuiledge from the Apostolike See , and with no lesse libertie then the people of Ephesus , of Rome , and of Corinth did reade the holy Epistles , written to their Churches by S. Paul. My Kingdome , where the people now pay no longer any tribute by the poll for Papall indulgences , as they did about an hundred yeeres past , and are no longer compelled to the mart , for pardons beyond the Seas and Mountaines , but haue them now freely offered from God , by the doctrine of the Gospel preached at home , within their owne seuerall parishes and iurisdictions . If the Churches of my Kingdome , in the L. Cardinals accompt , be miserable for these causes and the like ; let him dreame on , and talke his pleasure : for my part I will euer advowe , that more worth is our misery then all his felicity . For the rest , it shall by Gods grace be my daily endeauour and serious care , to passe my daies in shaping to my selfe such a course of life , that without shamefull calumniating of my person , it shall not rest in the tippe of any tongue , to touch my life with iust reprehension or blame . Nor am I so priuie to mine owne guiltinesse , as to thinke my state so desperate , so deplorable , as Popes haue made their owne . For some of them haue been so open-hearted and so tongue-free , to pronounce that Popes themselues , the key-bearers of Heauen and hel , cannot be saued . Two Popes , reckoned among the best of the whole bunch or pack , namely , Adrian IV. and Marcelline II. haue both sung one and the same note ; that in their vnderstanding they could not conceiue any reason why , or any meanes how those that sway the Popedome can be partakers of saluation . But for my particular , grounding my faith vpon the promises of God contained in the Gospell , I doe confidently and assuredly beleeue , that repenting mee of my sinnes , and reposing my whole trust in the merits of Iesus Christ , I shall obtaine forgiuenesse of my sinnes thorough his Name . Nor doe I feare , that I am now , or shall be hereafter cast out of the Churches lap and bosome ; that I now haue or hereafter shall haue no right to the Church as a putrified member thereof , so long as I do or shall cleaue to Christ Iesus , the Head of the Church : the appellation and name whereof , serueth in this corrupt age , as a cloake to couer a thousand newe inuentions ; and now no longer signifies the assembly of the faithfull , or such as beleeue in Iesus Christ according to his word , but a certaine glorious ostentation and Temporall Monarchy , whereof the Pope forsooth is the supreame head . But if the L. Cardinall by assured and certaine knowledge ( as perhaps he may by common fame ) did vnderstand the horrible conspiracies that haue been plotted and contriued , not against my person and life alone , but also against my whole stocke : if he rightly knew and were inly perswaded , of how many fowle periuries and wicked treasons , diuerse Ecclesiasticall persons haue been lawfully conuicted : in stead of charging me with false imputations , that I suffer not my Catholikes to fetch a sigh , or to draw their breath ; and that I thrust my Catholikes vpon the sharpe edge of punishment in euery kind ; he would , and might well , rather wonder , how I my selfe , after so many dangers run , after so many proditorious snares escaped , doe yet fetch my owne breath , and yet practise Princely clemency towards the said Catholiks , notorious transgressors of diuine and humane laws . If the French King in the heart of his Kingdome , should nourish and foster such a nest of stinging hornets and busie waspes , I meane such a pack of subiects , denying his absolute Soueraignty , as many Romane Catholikes of my Kingdome do mine : it may well bee doubted , whether the L. Cardinall would aduise his King still to feather the nest of the said Catholiks , still to keep them warm , still to beare them with an easie and a gentle hand . It may well be doubted , whether his Lordship would extoll their constancie , that would haue the courage to sheath vp their swords in his Kings bowels , or blow vp his King with gun-powder , into the neather station of the lowest region . It may well be doubted , whether hee would indure that Orator , who ( like as himselfe hath done ) should stirre vp others to suffer Martyrdome after such examples , and to imitate parricides and traitors in their constancy . The scope then of the L. Cardinal , in striking the sweet strings , and sounding the pleasant notes of prayses , which faine he would fill mine eares withall ; is onely by his excellent skil in the musicke of Oratorie , to bewitch the hearts of my subiects , to infatuate their minds , to settle them in a resolution to depriue me of my life . The reason : Because the plotters and practisers against my life , are honoured and rewarded with a glorious name of Martyrs : their constancie ( what els ? ) is admired , when they suffer death for treason . Whereas hitherto during the time of my whole raigne to this day , ( I speake it in the word of a King , and truth it selfe shal make good the Kings word ) no man hath lost his life , no man hath endured the Racke , no man hath suffered corporall punishment in other kinds , meerely or simply , or in any degree of respect , for his conscience in matter of religion ; but for wicked conspiring against my life , or Estate , or Royall dignitie ; or els for some notorious crime , or some obstinate and wilfull disobedience . Of which traiterous and viperous brood , I commanded one to be hanged by the necke of late in Scotland : a Iesuite of intolerable impudencie , who at his arraignment and publike triall , stiffely maintained , that I haue robbed the Pope of his right , and haue no manner of right in the possession of my Kingdome . His Lordship therefore in offering himselfe to Martyrdome , after the rare example of Catholiks , as he saith suffering all sort of punishment in my Kingdome , doth plainely professe himselfe a follower of traytors and parricides . These be the Worthies , these the heroicall spirits , these the honourable Captaines and Coronels , whose vertuous parts neuer sufficiently magnified and praysed , his Lordship propoundeth for imitation to the French Bishops . O the name of Martyrs , in olde times a sacred name ! how is it now derided and scoffed ? how is it in these daies filthily prophaned ? O you the whole quire and holy company of Apostles , who haue sealed the truth with your dearest blood ! how much are you disparaged ? how vnfitly are you paragoned and matched , when traytors , bloody butchers , and King-killers are made your assistants , and of the same Quorum ; or to speake in milder tearmes , when you are coupled with Martyrs that suffer for maintaining the Temporall rites of the Popes Empire ? with Bishops that offer themselues to a Problematicall Martyrdome , for a point decided neither by the authorities of your Spirit-inspired pens , nor by the auncient and venerable testimonie of the Primitiue Church ? for a point which they dare not vndertake to teach , otherwise then by a doubtfull , cold , fearefull way of discourse , and altogether without resolution . In good sooth , I take the Cardinall for a personage of a quicker spirit and clearer sight , ( let his Lordship hold me excused ) then to perswade my selfe , that in these matters his tongue and his heart , his pen and his inward iudgement , haue any concord or correspondence one with another . For beeing very much against his minde ( as he doth confesse ) thrust into the office of an Aduocate to pleade this cause ; he suffered himselfe to be carried ( after his engagement ) with some heat , to vtter some things against his conscience murmuring and grumbling the contrary within ; and to affirme some other things with confidence , whereof he had not been otherwise informed , then onely by vaine and lying report . Of which ranke is that bold assertion of his Lordship ; That many Catholiks in England , rather then they would subscribe to the oath of allegiance in the form thereof , haue vndergone all sorts of punishment . For in England ( as we haue truely giuen the whole Christian world to vnderstand in our Preface to the Apologie ) there is but one forme or kind of punishment ordained for all sorts of traytors . Hath not his Lordship now graced me with goodly testimonialls of prayse and commendation ? Am I not by his prayses proclaimed a Tyrant , as it were inebriated with blood of the Saints , and a famous Enginer of torments for my Catholikes ? To this exhortation for the suffering of Martyrdome , in imitation of my English traytors and parricides , if we shall adde ; how craftily and subtilly he makes the Kings of England to hold of the Pope by fealty , and their Kingdome in bondage to the Pope by Temporall recognizance ; it shall easily appeare , that his holy-water of prayses wherewith I am so reuerently besprinkled , is a composition extracted out of a dram of hony and a pound of gall , first steeped in a strong decoction of bitter wormewood , or of the wild gourd called Coloquintida . For after he hath in the beginning of his Oration , spoken of Kings that owe fealtie to the Pope , and are not Soueraignes in the highest degree of Temporal supremacie within their Kingdomes ; to explaine his mind and meaning the better , he marshals the Kings of England a little after in the same ranke . His words be these ; When King Iohn of England , not yet bound in any temporall recognizance to the Pope , had expelled his Bishops , &c. His Lordship means , that King Iohn became so bound to the Pope not long after . And what may this meaning be , but in plaine tearmes and broad speach , to cal me vsurper and vnlawfull King ? For the feudatarie , or he that holdeth a Mannor by fealty , when he doth not his homage , with all suit and seruice that he owes to the Lord Paramount , doth fall from the propertie of his fee. This reproach of the L. Cardinals , is seconded with an other of Bellarmines his brother Cardinall ; That Ireland was giuen to the Kings of England by the Pope . The best is that his most reuerend Lordship hath not shewed , who it was that gaue Ireland to the Pope . And touching Iohn King of England , thus in briefe stands the whole matter . Between Henry 2. and the Pope had passed sundry bickerments , about collating of Ecclesiasticall dignities . Iohn the sonne , after his fathers death , reneweth , vndertaketh , and pursueth the same quarrell . Driueth certaine English Bishops out of the Kingdome , for defending the Popes insolent vsurpation vpon his Royall prerogatiue , and Regall rights . Sheweth such Princely courage and resolution in those times , when all that stood and suffered for the Popes Temporall pretensions against Kings , were enrowled Martyrs or Confessors . The Pope takes the matter in fowle scorne , and great indignation ; shuts the King by his excommunicatory Bulls out of the Church ; stirres vp his Barons , for other causes the Kings heauy friends , to rise in armes ; giues the Kingdome of England ( like a masterlesse man turned ouer to a new master ) to Philippus Augustus King of France ; binds Philip to make a conquest of England by the sword , or else no bargaine , or else no gift ; promises Philip , in recompence of his trauell and Royall expences in that conquest , full absolution and a general pardon at large for all his sinnes : to be short , cuts King Iohn out so much worke and makes him keep so many yrons in the fire for his worke , that he had none other way , none other meanes to pacifie the Popes high displeasure , to correct or qualifie the malignitie of the Popes cholericke humour , by whom he was then so intangled in the Popes toyles , but by yeelding himselfe to become the Popes vassall , and his Kingdome feudatary or to hold by fealty of the Papall See. By this meanes his Crowne is made tributarie , all his people liable to payment of taxes by the poll for a certaine yearly tribute , and he is blessed with a pardon for all his sinnes . Whether King Iohn was mooued to doe this dishonourable act vpon any deuotion , or inflamed with any zeale of Religion ; or inforced by the vnresistable weapons of necessitie , who can be so blind , that he doth not well see and clearely perceiue ? For to purchase his owne freedom from this bondage to the Pope ; what could he be vnwilling to doe , that was willing to bring his Kingdome vnder the yoke of Amirales Murmelinus a Mahumetan Prince , then King of Granado and Barbaria ? The Pope after that , sent a Legat into England . The King now the Popes vassall , and holding his Crowne of the Pope , like a man that holds his land of an other by Knights seruice , or by homage and fealty , doth faire homage for his Crowne to the Popes Legat , and layeth downe at his feete a great masle of the purest gold in coyne . The reuerend Legat , in token of his Masters Soueraigntie , with more then vsuall pride fals to kicking and spurning the treasure , no doubt with a paire of most holy feete . Not onely so ; but likewise at solemne feasts is easily entreated to take the Kings chaire of Estate . Here I would faine know the Lord Cardinals opinion ; whether these actions of the Pope were iust or vniust , lawfull or vnlawfull , according to right or against all right and reason . If he will say against right ; it is then cleare , that against right his Lordship hath made way to this example : if according to right ; let him then make it knowne , from whence or from whom this power was deriued and conuaied to the Pope , whereby he makes himselfe Soueraigne Lord of Temporalties in that Kingdome , where neither he nor any of his predecessors euer pretended any right , or laid any claime to Temporall matters before . Are such prankes to be played by the Pontificiall Bishop ? Is this an act of Holinesse , to set a Kingdome on fire by the flaming brands of sedition ? to dismember and quarter a Kingdome with intestine warres ; onely to this end , that a King once reduced to the lowest degree of miserie , might be lifted by his Holinesse out of his Royall prerogatiue , the very soule and life of his Royall Estate ? When beganne this Papall power ? In what age beganne the Pope to practise this power ? What! haue the auncient Canons , ( for the Scripture in this question beareth no pawme ) haue the Canons of the auncient Church , imposed any such satisfaction vpon a sinner , that of ueraigne and free King , he should become vassal to his ghostly Father ; that he should make himselfe together with all his people and subiects tributaries to a Bishop , that shall rifle a whole Nation of their coyne , that shall receiue homage of a King , and make a King his vassall ? What! Shall not a sinner be quitted of his faults , except his Pastor turne robber , and one that goeth about to get a booty ? except he make his Pastor a feoffee in his whole Estate , and suffer himselfe vnder a shadow of penance to freeze naked , to be turned out of all his goods and possessions of inheritance ? But be it graunted , admit his Holinesse robs one Prince of his rights and reuenewes , to conferre the same vpon an other : were it not an high degree of Tyrannie to finger an other mans estate , and to giue that away to a third , which the second hath no right , no lawfull authoritie to giue ? Well , if the Pope then shall become his own caruer in the rights of an other ; if he shal make his owne coffers to swell with an others reuenewes , if he shall decke and array his owne backe in the spoyles of a sinner , with whom in absolution he maketh peace , and taketh truce ; what can this be else , but running into further degrees of wickednesse and mischiefe ? what can this be else , but heaping of robbery vpon fraud , and impiety vpon robbery ? For by such deceitfull , crafty , and cunning practises , the nature of the Pontificiall Sea , meerely spirituall , is changed into the Kings-bench-Court , meerely temporall : the Bishops chaire is changed into a Monarchs Throne . And not onely so ; but besides , the sinners repentance is changed into a snare or pit-fall of cousening deceit ; and Saint Peters net is changed into a casting-net or a flew , to fish for all the wealth of most flourishing Kingdomes . Moreouer , the King ( a hard case ) is driuen by such wyles and subtilties , to worke impossibilities , to act more then is lawfull or within the compasse of his power to practise . For the King neither may in right , nor can by power trans-nature his Crowne , impaire the Maiestie of his Kingdome , or leaue his Royall dignitie lesse free to his heire apparant , or next successor , then he receiued the same of his predecessor . Much lesse , by any dishonourable capitulations , by any vnworthy contracts , degrade his posteritie , bring his people vnder the grieuous burden of tributes and taxes to a forraine Prince . Least of all , make them tributary to a Priest : vnto whom it no way appertaineth to haue any hand in the ciuill affaires of Kings , or to distaine & vnhallow their Crownes . And therefore when the Pope dispatched his Nuntio to Philippus Augustus , requesting the King to avert Lewis his sonne from laying any claime to the Kingdom of England ; Philip answered the Legat ( as we haue it in Math. Paris ; ) No King , no Prince can abienate or giue away his Kingdome , but by consent of his Barons , bound by Knights seruice to defend the said Kingdom : and in case the Pope shall stand for the contrary error , his Holinesse shall giue to Kingdomes a most pernicious example . By the same Authorit is testified , that King Iohn became odious to his subiects , for such dishonorable and vnworthie inthralling of his Crowne and Kingdome . Therefore the Popes right pretended to the Crowne of England , which is nothing else but a ridiculous vsurpation , hath long agoe vanished into smoake , and required not so much as the drawing of one sword to snatch and pull it by violence out of his hands . For the Popes power lying altogether in a certaine wild and wandring conceit or opinion of men , and beeing onely an imaginary castle in the ayre , built by pride , and vnderpropped by superstition , is very speedily dispersed vpon the first rising and appearing of the truth in her glorious brightnesse . There is none so very a dolt or block-head to deny , that in case this right of the Pope ouer England , is grounded vpon Gods word , then his Holinesse may challenge the like right ouer all other Kingdomes : because all other Kingdomes , Crownes , and Scepters are subiect alike to Gods word . For what priuiledge , what charter , what euidence can France fetch out of the Rolles , or any other treasurie of her monuments or records , to shew that she oweth lesse subiection to God then England ? Or was this yoke of bondage then brought vpon the English Nation ; was it a prerogatiue , whereby they might more easily come to the libertie of the sonnes of God ? Or were the people of England perswaded , that for all their substance , wealth , and life bestowed on the Pope , his Holinesse by way of exchange returned them better weight and measure of spirituall graces ? It is ridiculous , onely to conceiue these to yes in thought ; and yet with such ridiculous , with such toyes in conceit , his Lordship feedes and entertains his auditors . From this point he falleth to an other bowt and fling at his heretikes , with whom he played no faire play before : There is not one Synode of ministers ( as he saith ) which would willingly subscribe to this Article , whereunto we should be bound to sweare . But herein his Lordship shooteth farre from the mark . This Article is approued and preached by the Ministers of my Kingdome . It is likewise preached by those of France , and if neede be ( I assure my selfe ) will be signed by all the Ministers of the French Church . The L. Cardinall proceedeth , ( for hee meaneth not so soone to giue ouer these heretikes : All their Consistories beleeue it as their Creede ; that if Catholike Princes at any time shall offer force vnto their conscience , then they are dispensed withall for their oath of allegiance . Hence are these modifications and restrictions , tossed so much in their mouthes ; Prouided the King force vs not in our conscience . Hence are these exceptions in the profession of their faith ; Prouided the Soueraigne power and authoritie of God , be not in any sort violated or infringed . I am not able to conceiue what engine can be framed of these materialls , for the bearing of Kings out of their eminent seats , by any lawfull authority or power in the Pope . For say , those of the Religion should be tainted with some like errour ; how can that be any shelter of excuse for those of the Romish Church , to vndermine or to digge vp the Thrones of their Kings ? But in this allegation of the Lord Cardinal , there is nothing at all , which doth not iumpe iust and accord to a haire with the Article of the third Estate , and with obedience due to the King. For they doe not professe , that in case the King shall commaund them to doe any act contrarie to their conscience , they would flie at his throat , would make any attempt against his life , would refuse to pay their taxations , or to defend him in the warres . They make no profession of deposing the King , or discharging the people from the oath of allegiance tendred to the King : which is the very point or issue of the matter in controuersie , and the maine mischeife , against which the third Estate hath bin most worthily carefull to prouide a wholesome remedie by this Article . There is a world of difference betweene the termes of disobedience , and of deposition . It is one thing to disobey the Kings commaund in matters prohibited by diuine lawes , and yet in all other matters to performe full subiection vnto the King. It is another thing of a farre higher degree or straine of disloyaltie , to bare the King of his Royall robes , throne , and scepter , and when he is thus farre disgraced , to degrade him and to put him from his degree and place of a King. If the holy Father should charge the L. Cardinal to doe some act repugnant in his owne knowledge to the Law of God , I will religiously , and according to the rule of charity presume , that his Lordship in this case would stand out against his Holinesse , and notwithstanding would still acknowledge him to be Pope . His Lordship yet prosecutes and followes his former purpose : Hence are those armes which they haue oftentimes borne against Kings , when Kings practised to take away the libertie of their conscience and Religion . Hence are those turbulent Commotions and seditions by them raised , as well in the Law-countryes against the King of Spaine , as in Swethland against the Catholike King of Polonia . Besides , he casteth Iunius Brutus , Buchananus , Barclaius , and Gerson in our teeth . To what end all this ? I see not how it can be auaileable to authorize the deposing of Kings , especially the Popes power to depose . And yet his Lordship here doth outface ( by his leaue ) and beare downe the truth . For I could neuer yet learne by any good and true intelligence , that in France those of the Religion took armes at any time against their King. In the first ciuill warres they stood onely vpon their guard : they stood only to their lawfull wards and locks of defence : they armed not , nor tooke the field before they were pursued with fire and sword , burnt vp and slaughtred . Besides , Religion was neither the root nor the rynde of those intestine troubles . The true ground of the quarrell was this : During the minority of King Francis 2. the Protestants of France were a refuge and succour to the Princes of the blood , when they were kept from the Kings presence , and by the ouer powring power of their enemies , were no better then plaine driuen and chased from the Court. I meane , the Grand-father of the King now raigning , and the Grand-father of the Prince of Condé , when they had no place of safe retreate . In regard of which worthy and honourable seruice , it may seem the French King hath reason to haue the Protestants in his gracious remembrance . With other commotion or insurrection , the Protestants are not iustly to be charged . But on the contrary , certaine it is that King Henry III. raysed and sent forth seuerall armies against the Protestants , to ruine and roote them out of the Kingdom : howbeit , so soon as they perceiued the said King was brought into dangerous tearms , they ranne with great speed and speciall fidelitie to the Kings rescue and succour , in the present danger . Certaine it is , that by their good seruice the said King was deliuered , from a most extreame and imminent perill of his life in the city of Tours . Certaine it is , they neuer abandoned that Henry 3. nor his next successor Henry 4. in all the heat of reuolts and rebellions , raised in the greatest part of the Kingdome by the Pope , and the more part of the Clergie : but stood to the said Kings in all their battels , to beare vp the Crowne then tottering and ready to fall . Certaine it is , that euen the heads and principalls of those by whome the late King deceased was pursued with all extremities , at this day doe enioy the fruit of all the good seruices done to the King by the said Protestants . And they are now disgraced , kept vnder , exposed to publike hatred . What , for kindling coales of questions and controuersies about Religion ? Forsooth , not so : but because if they might haue equall and indifferent dealing , if credit might be giuen to their faithfull aduertisements , the Crowne of their Kings should be no longer pinned to the Popes flie-flap ; in France there should be no French exempted from subiection to the French King ; causes of benefices or of matrimonie , should be no longer citable and summonable to the Romish Court ; and the Kingdome should be no longer tributarie vnder the colour of annats , the first fruits of Benefices after the remooue or death of the Incumbent , and other like impositions . But why do I speake so much in the behalfe of the French Protestants ? The Lord Cardinall himselfe quittes them of this blame , when he telleth vs this doctrine for the deposing of Kings by the Popes mace or verge , had credit and authoritie through all France , vntill Caluins time . Doth not his Lordship vnder-hand confesse by these words , that Kings had been alwaies before Caluins time , the more dishonoured , and the worse serued ? Item , that Protestants , whome his Lordship calls heretikes , by the light of holy Scripture made the world then and euer since to see the right of Kings , oppressed so long before ? As for those of the Low Countries , and the subiects of Swethland , I haue little to say of their case , because it is not within ordinary compasse , and indeed serueth nothing to the purpose . These Nations , besides the cause of Religion , doe stand vpon certaine reasons of State , which I will not here take vpon me like a Iudge to determine or to sift . Iunius Brutus , whom the L. Cardinall obiecteth , is an author vnknowne ; and perhaps of purpose patcht vp by some Romanist , with a wyly deceit to draw the reformed Religion into hatred with Christian Princes . Buchanan I reckon and ranke among Poets , not among Diuines , classicall or common . If the man hath burst out here and there into some tearmes of excesse , or speach of bad temper ; that must be imputed to the violence of his humour , and heate of his spirit , not in any wise to the rules and conclusions of true Religion , rightly by him conceiued before . Barclaius alledged by the Cardinal , meddles not with deposing of Kings ; but deals with disavowing them for Kings , when they shall renounce the right of Royaltie , and of their owne accord giue ouer the Kingdome . Now he that leaues it in the Kings choice , either to hold or to giue ouer his Crowne , leaues it not in the Popes power to take away the Kingdome . Of Gerson obtruded by the Cardinall , we haue spoken sufficiently before . Where it hath been shewed how Gerson is disguised , masked , and peruerted by his Lordsh . In briefe , I take not vpon me to iustifie and make good all the sayings of particular authors . We glory ( and well we may ) that our religion affordeth no rules of rebellion : nor any dispensation to subiects for the oath of their allegiance : and that none of our Churches giue entertainement vnto such monstrous and abhominable principles of disloyaltie . If any of the French , otherwise perswaded in former times , now hauing altered and changed his iudgement , doth contend for the Soueraignty of Kings against Papal vsurpation ; he doubtles , for winding himselfe out of the Laborinth of an error so intricate and pernicious , deserueth great honour and speciall prayse . He is worthy to hold a place of dignity aboue the L. Cardinall : who hath quitted and betrayed his former iudgement , which was holy and iust . Their motions are contrary , their markes are opposite . The one reclineth from euil to good , the other declineth from good to euill . At last his Lordship commeth to the close of his Oration , and bindes vp his whole harangue with a feate wreath of praises , proper to his King. He styles the King the eldest Sonne of the Church , a young shoot of the lilly , which King Salomon in all his Royaltie was not able to match . He leades vs by the hand into the pleasant meadowes of Histories , there to learne vpon the very first sight and viewe , That so long , so oft as the Kings of France embraced vnion , and kept good tearmes of concord with Popes and the Apostolike See ; so long as the spouse of the Church was pastured and fed among the lillies , all sorts of spirituall & temporall graces abundantly showred vpon their Crownes , and vpon their people : On the contrary , when they made any rent or separation from the most holy See ; then the lillies were pricked and almost choaked with sharpe thornes ; they beganne to droope , to stoope , and to beare their beautifull heads downe to the very ground , vnder the strong flawes and gusts of boysterous winds and tempests . My answer to this flourishing close and vpshot , shall beno lesse apert then apt . It sauours not of good and faithfull seruice , to smooth and stroake the Kings head with a soft hand of oyled speech , and in the meane time to take away the Crowne from his head , and to defile it with dirt . But let vs try the cause by euidence of Historie , yea by the voice and verdict of experience ; to see whether the glorious beauty of the French lillies , hath been at any time blasted , and thereupon hath faded , by starting aside , and making separation from the holy See. Vnder the raigne of King Philip the Faire , France was blessed with peace and prosperity , notwithstanding some outragious acts done against the Papall See , and contumelious crying quittance by King Philip with the Pope . Lewis 12. in ranged battell defeated the armies of Pope Iulius 2. and his Confederates : proclaimed the said Pope to be fallen from the Popedome : stamped certaine coynes and peices of gold with a dishonourable mot , euen to Rome it selfe , Rome is Babylon : yet so much was Lewis loued and honoured of his people , that by a peculiar title he was called , the Father of the Country . Greater blessings of God , greater outward peace and plenty , greater inward peace with spirituall and celestial treasures , were neuer heaped vpon my Great Brittaine , then haue been since my Great Brittaine became Great in the greatest and chiefest respect of all ; to wit , since my Great Brittaine hath shaken off the Popes yoke ; since shee hath refused to receiue and to entertain the Popes Legats , employed to collect S. Peters tribute or Peter-pence ; since the Kings of England , my Great Brittaine , haue not beene the Popes vassals to doe him homage for their Crowne , and haue no more felt the lashings , the scourgings of base and beggarly Monkes . Of Holland , Zeland , and Friseland , what need I speake ? yet a word and no more . Were they not a kind of naked and bare people , of small value , before God lighted the torch of the Gospel , and aduanced it in those Nations ? were they not an ill fedde and scragged people , in comparison of the inestimable wealth and prosperity ( both in all military actions and mechanicall trades , in trafficke as merchants , in marting as men of warre , in long nauigation for discouerie ) to which they are now raysed and mounted by the mercifull blessing of God , since the darknes of Poperie hath been scattered , and the bright Sunne of the Gospel hath shined in those Countryes ? Behold the Venetian Republique . Hath shee now lesse beautie , lesse glory , lesse peace and prosperitie , since she lately fell to bicker and contend with the Pope ? since shee hath wrung out of the Popes hand , the one of his two swords ? since she hath plumed and shaked his Temporall dominion ? On the contrarie ; after the French Kings had honoured the Popes , with munificent graunts and gifts of all the cities and territories , lands and possessions , which they now hold in Italy , and the auncient Earledome of Avignon in France for an ouer-plus ; were they not rudely recompenced , and homely handled by their most ingratefull fee-farmers and copy-holders ? Haue not Popes forged a donation of Constantine , of purpose to blot out all memory of Pepins and Charlemaignes donation ? Haue they not vexed and troubled the State ? haue they not whetted the sonnes of Lewis the Courteous against their owne Father , whose life was a pattern and example of innocencie ? Haue they not by their infinite exactions , robbed and scoured the Kingdome of all their treasure ? Were not the Kings of France , driuen to stoppe their violent courses by the pragmaticall sanction ? Did they not sundrie times interdict the Kingdome , degrade the Kings , solicite the neighbour-Princes to inuade and lay hold on the Kingdome , and stirre vp the people against the King , whereby a gate was opened to a world of troubles and parricides ? Did not Rauaillac render this reason for his monstrous & horrible attempt , That King Henry had a designe to warre with God , because he had a designe to take armes against his Holinesse , who is God ? This makes me to wonder , what mooued the L. Cardinall to marshall the last ciuill warres and motions in France , in the ranke of examples of vnhappie separation from the Pope ; when the Pope himselfe was the trumpetor of the same troublesome motions . If the Pope had beene wronged and offended by the French King , or his people , and the Kingdome of France had been scourged with pestilence , or famine , or some other calamitie by forraine enemies ; it might haue been taken in probabilitie , as a vengeance of God for some iniurie done vnto his Vicar . But his Holinesse beeing the root , the ground , the master-workman and artificer of all these mischiefes ; how can it be said , that God punisheth any iniury done to the Pope ? but rather that his Holinesse doth reuenge his owne quarrell ; and which is worst of all , when his Holinesse hath no iust cause of quarrell or offence . Now then ; to exhort a Nation ( as the L. Cardinall hath done ) by the remembrance of former calamities , to currie fauour with the Pope , and to hold a strict vnion with his Holinesse , is no exhortation to beare the Pope any respect of loue , or of reuerence , but rather a rubbing of memorie , and a calling to mind of those grieuous calamities , whereof the Pope hath been the onely occasion . It is also a threatning and obtruding of the Popes terrible thunderbolts , which neuer scorched nor parched any skinne , ( except crauens and meticulous bodies ) and haue brought many great showres of blessings vpon my Kingdome . As for France , if she hath enioyed prosperitie in the times of her good agreement with Popes , it is because the Pope seeks the amitie of Princes that are in prosperitie , haue the meanes to curbe his pretensions , and to put him to some plunge . Kings are not in prosperitie , because the Pope holds amity with Kings ; but his Holinesse vseth all deuises , and seeketh all meanes to haue amitie with Kings , because hee sees them flourish and sayle with prosperous winds . The swallow is no cause , but a companion of the spring : the Pope is no worker of a Kingdoms felicitie , but a wooer of Kings when they sit in felicities lap : he is no founder , but a follower of their good fortunes . On the other side : let a Kingdome fall into some grieuous disaster or calamitie , let ciuill wars boyle in the bowels of the Kingdome ; ciuill warres no lesse dangerous to the State , then fearefull and grieuous to the people ; who riseth sooner then the Pope , who rusheth sooner into the troubled streames then the Pope , who thrusteth himselfe sooner into the heate of the quarrell then the Pope , who runneth sooner to raise his gaine by the publike wrack then the Pope , and all vnder colour of a heart wounded and bleeding for the saluation of soules ? If the lawfull King happen to be foyled , to be oppressed , and thereupon the State by his fall to get a new master by the Popes practise ; then the said new-master must hold the Kingdome as of the Popes free gift , and rule or guide the sterne of the State at his becke , and by his instruction . If the first and right Lord , in despite of all the Popes fulminations and fire-workes , shall get the honourable day , and vpper hand of his enemies ; then the holy Father with a cheerfull and pleasant grace , yea with fatherly gratulation , opens the rich cabinet of his iewells , I meane the treasurie of his indulgences , and falls now to dandle and cocker the King in his fatherly lap , whose throat if he could , he would haue cut not long before . This pestilent mischiefe hath now a long time taken roote , and is growne to a great head in the Christian world , through the secret but iust iudgement of God ; by whom Christian Kings haue beene smitten with a spirit of dizzinesse . Christian Kings , who for many ages past haue liued in ignorance , without any sound instruction , without any true sense and right feeling of their owne right and power : whilest vnder a shadow of Religion and false cloake of pietie , their Kingdomes haue beene ouer-burdened , yea ouer-born with tributes , and their Crownes made to stoope euen to miserable bondage . That God in whose hand the hearts of Kings are poised , and at his pleasure turned as the water-courses ; that mighty God alone , in his good time , is able to rouze them out of so deepe a slumber , and to take order ( their drowzy fits once ouer and shaken off with heroicall spirits ) that Popes hereafter shall play no more vpon their patience , nor presume to put bits and snaffles in their noble mouthes , to the binding vp of their power with weake scruples , like mighty buls lead about by litle children with a small twisted thred . To that God , that King of Kings I deuote my scepter ; at his feet in all humblenes I lay downe my Crowne ; to his holy decrees and commaunds I will euer be a faithfull seruant , and in his battels a faithfull champion . To conclude ; in this iust cause and quarrell , I dare send the challenge , and will require no second , to maintain as a defendant of honour , that my brother-Princes and my selfe , whom God hath aduanced vpon the Throne of Soueraigne Maiesty and supreame dignity , doe hold the Royall dignity of his Maiesty alone ; to whose seruice , as a most humble homager and vassall , I consecrate all the glory , honour , splendor , and lustre of my earthly Kingdomes . FINIS . Notes, typically marginal, from the original text Notes for div A04250-e110 I haue receiued aduertisement frō diuers parts , that in the Popes letters to the Nobilitie these words were extant , howsoeuer they haue beene left out in the impression , & rased out of the copies of the said letters . In 12. seuerall passages the L. Card. seemeth to speake against his owne conscience . Pag. 85. Pag. 99. Pag. 95. 97. In the Preface to my Apologie . Pag. 4. Pag. 7. & 8 Pag. 13. Arist . 1. top . cap 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sound both one thing . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , prouided the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or vtrùm , do stand before , as , Vtrùm homo sit animal . Notes for div A04250-e730 Pag. 7. Pag. 9. Conc. Constan . Sess . 15. Caus . 15. Can. Alius . Qu. 6. Paul. Aemil . in Phil. 3. Annal. Boio . Lib. 3. Iuuanen . Episcop . Optima poenitentia nova vita . Conc. Constan . Sess . 2. Exampl . 1. pag. 18. Evag . hist . Eccles . lib. 3. cap. 32. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * Nomocan . Affric . Can. 77. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Can. 81. eiusd . Nomo . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Anathema tibi à me Liberi . Faber . in frag . Hilarij . Exampl . 2. Exam. 3. pag. 22. * Epist . 6. l. 3 Ego autem indignus pietatis ●uae seruus . Ego verò haec Dominis meis loquens , quid sum nisi pul vis & vermis ? Ibid. Ego quidem ●●ssioni subiectus , &c. Ep. 61. l. 2. Examp. 4. Examp. 5. Examp. 6. Data 10. Cal. Decem Imperante Dom. pijssimo Augusto Leone , à Deo coronato , magno Imp. anno decimo Imperij eius . Examp. 7. Pag. 25. Perfectis laudibus , à pontific● more Principum antiquorum adoratus est . Auentinus Annalium Boiorum lib. 4. post haec ab eodem Pontifice vt caeteri veterum Principum , more maiorum adoratus est Magnus . Sigeb . ad an . 801. Maria. Scotus lib. 3. Annalium . Plat. in vita Leon. 3. Auent . Annal . Boio . lib. 4. Imperium transferre iure suo in Germanos , Carolumque tacito Senatus consulto plebiscitoque d●cernunt . Examp. 9. pag. 27. Examp. 10. pag. 28. Exam. 11. An. 1076. Sigeb . ad an . 1085. Otho Frisingens . in vita Hen. 4. lib. 4. cap. 31. Theo. lib. 2. Hist . cap. 16 ▪ Ammia . lib. 27. Decret . dist . 79. Platina . Sigebertus . Anastatius . Platina . Lib. Pontisi . Diaconus . 〈…〉 Sigeberius . Iustin . Authent . 123. cap. 3. * Note that in the same Dist . the Cā . of Greg. 4. beginning with Cum Hadrianus secundus , is false and supposititious because Greg. 4. wa● Pope long before Hadri . 2. Tria tcterrima monstra . Bo●he● . Decret . Eccles . Gallican . lib. 2. tit . 16. Annal. Boio . lib. 4. Examp. 12. Bochei . pag. 320. Extrauag . Meruit . See the treatise of Charles du Moulin cōtrà paruas Datas , wherein he reporteth a notable Decree of the Court vnder Charles 6. Theodoric . N●emens . in nemore vnion . Tract . 6. & somnium viridarij . Pag. 5● . Pag. 26. Nisi de consensu Regis Christianissimi . Bochellus . Indiscretè ac inconsideratè . Doctrinaliter tantùm & non iuridicè . Pag. 47. Bibliotheca Patrum . Tom. 3. D● co●sid●r ib. 1. cap. 6. Lib. 2. cap. 6. Dist . 24. quaest . 3. Comment . in l. 4. Sent. Dist . 24. fol. 214. De potest . Regia & Papali . cap. 10. Almain . de potest . Eccl. & Laica . Quest . 2. cap. 8. De dominio naturali ciuili & Eccl. 5. vlt. pars . Quaest . 1. de potest . Eccles . & laic . c. 12. & 14. Quaest . 2. c. 8. & sic non deposuit autoritatiue . Quae. 3. c. 2. Quaest . 1 1. c●● . Sacerd Quaest . 2. de potest . Eccl. & Laic . cap. 12. In cap. 9. 10 & 11. Quest ▪ ● . cap. 14. Pag. 40. Pag. 44. Pag. 108. 109. 119. where the Card. takes Char. 7. for Charl. 6. Pag. 52. & sequentib . Aduer . Barclaium . Can. Si Papa , Dist . 40. Nisi sit à fide deuius . Omnia iura in scrinio pectoris . Pag. 86. Pag. 61. Pag. 62. Orat. ad ciues timore perculsos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vide Canones Graecos à Tilio editos . Pag. 66. 1. Sam. 23. 20. & 24. 15. & 2. Sam. 2. 5. 1. Sam. 26. 11. 1. Sam. 16. 13. 2. Sam. 2. 4 ▪ 1. K●● . 12. 1. Kin. 19. Pag. 68. 2. Chro. 26. Antiq. l. 9. cap. 11. Pag. 69. Pag. 67. Pag. 66. Pag. 69. Pag. 71. Tert. Apol. cap. 37. Hesterni sumus , & omnia vestra impleuimus . Cypr. cont . Demetr . Socr. lib. 3. cap. 19. Theod. lib. 4 ▪ cap. 1. Sozom. lib. 6. cap. 1. August●n Psal . 124. Pag. 81. Pag. 82. Epist . lib. 5. Epist . 33. Epist . lib. 5. In Apol. pro iuram . fidel . His owne words . lib. 7. Epist . 1. Apud A. than . in Epist . ad solitar . vitam agentes . The 2. reas . Pag. 77. Psal . 2. Pag. 77. Pag. 76. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . See the Bull of Innoc. 3. at the end of the Later . Conc. Ier. 1. 1. Cor. 2. Extauag . Vnam Sanctam . Psal . 45. Ioh. 12. Pag. 85. Pag. 84. Note by the way that here the Church of Rome is called a sect . Contr. Barclaium . cap. 27. Sess . 9. Sess . 25 cap. 19. Pag. 87. Pag. 89. Gerson . In Phaedone . In reos Maiestatis , & publicos hostes omnis homo miles est . Ter. apol . cap. 2. Pag. 95. Can. excom . Caus . 23. Quaest . 6. Pag. 97. Pag. 95. Lib. 6. cap. 4. Si papa Regem deponat , ab illis tantum p●terit , expelli vel interfici , quibus ipse id commiserit . Aliquot annis post , Apostolicae sedis nuncius in Angliam ad colligendum S. Petri vectigal missus . Onu●phri in vit Paul. 4. Vide & Math. Paris . Onup . de vitis Pontif. in vit . Mar. 2. doth testifie , that Marcel also after Adrian 4. vsed these words : Non video quo modo qui locum hunc altiss . tenent , saluari possint . Pag. 10. Pag. 105. Richerius . A69345 ---- By the King. A proclamation against pirats Proclamations. 1609-01-08 England and Wales. Sovereign (1603-1625 : James I) 1609 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A69345 STC 8426 ESTC S116759 99851975 99851975 17271 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69345) Transcribed from: (Early English Books Online ; image set 17271) Images scanned from microfilm: (Early English books, 1475-1640 ; 1171:15, 1305:6) By the King. A proclamation against pirats Proclamations. 1609-01-08 England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 2 leaves By the deputies of Robert Barker, printer to the Kings most excellent Maiestie, [Imprinted at London : Anno Dom. 1608 [i.e. 1609] Imprint from colophon; year given according to Lady Day dating. Threatening their abbettors with death, etc.; seeking arrest of J. Ward. Identified as STC 8426a on UMI microfilm reel 1171. Reproduction of the original in the British Library and the Queen's College (University of Oxford). Library. Appears at reel 1171 æ (British Library copy, identified as STC 8426a), and at reel 1305 #7 (Queen's College (University of Oxford). Library copy). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pirates -- Early works to 1800. 2007-03 TCP Assigned for keying and markup 2007-04 Apex CoVantage Keyed and coded from ProQuest page images 2007-05 Mona Logarbo Sampled and proofread 2007-05 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ❧ By the King. ❧ A Proclamation against Pirats . THe Kings Maiestie , hauing bene informed through the manifolde complaints made to his Highnesse by his owne Subiects as others , of the many depredations and Piracies committed by lewd and ill disposed persons , accustomed and habituated to spoile and rapine , insensible and desperate of the peril they draw vpon themselues , and the imputation they cast vpon the honour of their Soueraigne so precious to him , as for redresse thereof he is inforced to reiterate and inculcate his loathing and detestation not onely of the crimes , but also to manifest to the world his sinceritie and exceeding desires for the due & speedy suppressing of the delinquents ; And hauing lately found by many pregnant circumstances , that most of these great faults are continued by the conniuence , or corruption in many the subordinate Officers , especially such as are resident in and neere the Ports and Maritine Counties : In his Princely care to preserue Iustice , as one of the maine pillars of his Estate , & for the speedy preuention of such fowle crimes , & the seuere punishment and extirpation of such enormious offendors ( most hatefull to his minde , and scandalous to his peaceable gouernment ) and for the preseruation & continuance of amitie and good correspondencie with all other Princes and States , hath with the aduise of his Counsaile thought it necessary at this present , to publish these Articles & Ordinances insuing : Wherein if any shall be found culpable , refractory , or contemptuous , his Maiestie is resolued and hereby declareth , that such punishment shal be inflicted on him or them so offending , that others may be exemplarily forewarned , from committing so odious factes , and be deterred from ayding , relieuing , comforting , or abetting such and so enormious malefactors . IF any person whatsoeuer shall vpon the Seas , or in any Port or hauen , take any Ship that doth belong to any of his Maiesties Subiects , friends , or Allies , or shall take out of it by force , any goods of what nature or qualitie soeuer : he or they so offending shall suffer death , with confiscation of lands and goods , according to the Law in that case prouided . IF any person or persons so offending , do at any time hereafter come into any Port or place of his Maiesties dominions , his Maiestie expresly chargeth all his Officers foorthwith to apprehend him and them , and to commit them to prison , without Baile or Mainprize , and that the name of the person and cause of his imprisonment , be foorthwith certified into the Admiraltie , that speedy order may be taken for further proceeding , and execution according to Law , and the contents of his Maiesties former Proclamations . ALl his Maiesties Subiects shall forbeare from furnishing , Victualing , ayding , receiuing , relieuing , comforting or abetting , any Pirate or Sea-rouer , or any person not being a knowen Merchant , by contracting , buying , selling , bartring or exchanging with him or them , vpon peril of his Maiesties heauy indignation , and the grieuous paines by Law belonging to the same . ALl Admirall causes shal be summarily heard by the Iudge of the Admiraltie without admitting any vnnecessary delay , and no Appeale from him shal be allowed to the defendant or defendants in cases of depredations or spoyle , either for the Offenders , or their accessaries before or after the offence commited , or those in whose possession the goods spoyled are found , vnlesse first by way of prouision the summe adiudged be payd to the plaintife vpon Suerties to repay it , if the Sentence shal be reuersed . And no Prohibition in such causes of depredation and spoyle , and their accessories and dependants shal be hereafter granted against the Admiraltie . NO Ship or goods taken from any his Maiesties friends , shal be deliuered vpon any other order , then vpon proofe made , or certificate exhibited in the said Court of the Admiraltie , to the end that a Record may be kept of all such restitutions made to strangers , to serue if occasion shall require . A60560 ---- An old mould to cast new lawes by compiled by the Honourable Sir Thomas Smith, Knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, King Edward & Queen Elizabeth ; reprinted out of the Common-wealth of England by a friend to old bookes and an enemy to new opinions ; together with King James his declaration to both Houses at White-hall, of the kings power in the Parliament of Scotland in making lawes, March 31, 1607. Common-wealth of England. Selections. 1643 Smith, Thomas, Sir, 1513-1577. This text is an enriched version of the TCP digital transcription A60560 of text R37569 in the English Short Title Catalog (Wing S4218). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 23 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A60560 Wing S4218 ESTC R37569 16975222 ocm 16975222 105581 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60560) Transcribed from: (Early English Books Online ; image set 105581) Images scanned from microfilm: (Early English books, 1641-1700 ; 1159:20) An old mould to cast new lawes by compiled by the Honourable Sir Thomas Smith, Knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, King Edward & Queen Elizabeth ; reprinted out of the Common-wealth of England by a friend to old bookes and an enemy to new opinions ; together with King James his declaration to both Houses at White-hall, of the kings power in the Parliament of Scotland in making lawes, March 31, 1607. Common-wealth of England. Selections. 1643 Smith, Thomas, Sir, 1513-1577. James I, King of England, 1566-1625. [2], 10 p. s.n.], [Oxford? : M. DC. XLIII [1643] Reproduction of original in the Cambridge University Library. eng England and Wales. -- Parliament. Great Britain -- Politics and government -- 1642-1649. A60560 R37569 (Wing S4218). civilwar no An old mould to cast new lawes by; compiled by the honourable Sir Thomas Smith Knight, doctor of both lawes, and one of the principall secre Smith, Thomas, Sir 1643 4289 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2005-04 TCP Assigned for keying and markup 2005-05 Aptara Keyed and coded from ProQuest page images 2005-08 Judith Siefring Sampled and proofread 2005-08 Judith Siefring Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion AN OLD MOULD TO CAST NEW LAWES BY ; COMPILED By the Honourable Sir Thomas Smith Knight , Doctor of both Lawes , and one of the Principall Secretaries unto two most worthy Princes , King EDWARD , & Queen ELIZABETH . Reprinted out of the Common-wealth of ENGLAND , by a friend to old Bookes , and an Enimy to new Opinions . TOGETHER , With King JAMES His Declaration to both Houses at White-hall , of the Kings Power in the Parliament of Scotland in making Lawes . March 31. 1607. Remember the dayes of old , Consider the years of many Generations ; ask thy Father , and he will shew thee , thy Elders and they will tell thee . Deut. 32. 7. Vir bonus est Quis ? Answer is made , Qui consulta Patrum , qui Leges juraque servat . Printed , M.DC.XLIII . OF THE PARLIAMENT , and the Authority thereof . THe most high and absolute power of the Realme of England consisteth in the Parliament . For as in Warre where the King himselfe in Person , the Nobility , the rest of the Gentility and the Yeomanry are , is the force and power of England : so in Peace and Consultation where the Prince is to give life , and the last and highest Commandement : the Barrony or the Nobility for the higher : the Knights , Esquires , Gentlemen and Commons for the lower part of the Common-wealth , the Bishops for the Clergy be present to advertise , consult , and shew what is good and necessary for the Common-wealth , and to consult together , and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House , the other two parts , first each a part , and after the Prince himselfe in presence of both the partyes doth consent unto , & alloweth . That is the Prince's and the whole Realmes deed : whereupon justly no man can complain , but must accommodate himselfe to find it good and obey it . That which is done by this consent is called Firme , Stable , and Sanctum , and is taken for Law . The Parliament abrogateth old Lawes , maketh new , giveth order for things past , and for things hereafter to be followed , changeth rights and possessions of private men , legitimateth bastards , establisheth formes of Religion , altereth waights and measures , giveth forme of succession to the Crown , defineth of doubtfull rights , whereof is no Law already made , appoynteth Subsidies , Tailes , Taxes and impositions , giveth most free pardons & absolutions , restoreth in blood & name , as the highest Court , condemneth or absolveth them whom the Prince will put to that tryall . And to be short , all that ever the People of Rome might doe , either in Centuriatis Comitiis or tributis , the same may be done by the Parliament of England , which representeth and hath the power of the whole Realme , both the head and the body . For every English man is intended to be there present , either in Person , or by Procuration , or Atturney of what Preheminence , State , Dignity or Quality soever he be , from the Prince ( be he King or Queen ) to the lowest person of England . And the consent of the Parliament is taken to be every mans consent . The Iudges in Parliament are the King or Queens Majesty , the Lords Temporall and Spirituall , the Commons presented by the Knights and Burgesses of every Shire and Burrough Town . These all , or the greatest part of them , and that with the consent of the Prince for the time being must agree to the making of Lawes . The officers in Parliament are the Speakers , two Clarkes , the one for the Higher House , the other for the Lower , and Committees . The Speaker is he that doth commend and preferre the Bills exhibited into the Parliament , and is the Mouth of the Parliament . He is commonly appoynted by the King or Queen , though accepted by the assent of the House . The Clarkes are the keepers of the Parliament Rolles and Records , and of the Statutes made , and have the custody of the private Statutes not Printed . The Committees are such as either the Lords in the Higher House , or Burgesses in the Lower House , doe chuse to frame the Lawes upon such Billes as are agreed upon , and afterward to be ratified by the same Houses . Of the forme of holding the Parliament . THe Prince sendeth forth His rescripts or writs to every Duke , Marquesse , Baron , and every other Lord Temporall or Spirituall , who hath voyce in the Parliament , to be at his great Councell of Parliament such a day ( the space from the date of the writ is cōmonly at the least 40. dayes ) he sendeth also writs to the Sheriffes of every Shire , to admonish the whole Shire to chuse two Knights of the Parliament in the name of the Shire , to heare , and reason , and to give their advice and consent in the name of the Shire , and to be present at that day : likewise to every Citty and Towne , which of ancient time hath been wont to find Burgesses of the Parliament , so to make election that they may be present at the first day of the Parliament . The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire , present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none . Yeomen I call here ( as before ) that may dispend at the least 40s . of yearly rent of free land of his own . These meeting at one day , the two who have the more of their voyces , be chosen Knights of the Shire for that Parliament : likewise by the plurality of the voyces of the Cittizens & Burgesses , be the Burgesses elected . The first day of the Parliament the Prince and all the Lords in their Robes of Parliament doe meet in the Higher House , where after prayers made , they that be present are written , and they that be absent upon sicknesse , or some other reasonable cause , ( which the Prince will allow ) doe constitute under their hand and Seale , some one of these who be present , as their Procurer , or Atturney , to give voyce for them , so that by presence or Atturney and Proxy they be all there , all the Princes and Barons , and all Arch-Bishops and Bishops , and ( when Abbots were ) so many Abbots as had voyce in Parliament . The place where the assembly is , is richly Tapessed and Hanged , a Princely and Royall Throne as appertaineth to a King , set in the midst of the higher place thereof . Next under the Prince sitteth the Chancellor , who is the voyce and Orator of the Prince . On the one side of that House or Chamber , sitteth the Arch-bishops & Bishops each in his ranke ; on the other side the Dukes and Barons . In the midst thereof upon Woolsacks sit the Iudges of the Realme , the Master of the Rolles , and the Secretaries of State . But these that sit on the Woolsacks have no voyce in the House , but only sit there to answer their knowledge in the Law , when they be askt if any doubt arise among the Lords . The Secretaries doe answer of such Letters or things passed in Councell whereof they have the custody and knowledge , and this is called the Vpper House , whose consent and dissent is given by each man severally , and by himselfe , first for himselfe , and then severally for as many as he hath Letters and Proxies , when it cometh to the question , saying only content or not content , without farther reasoning or replying . In this mean time the Knights of the Shires , and Burgesses of the Parliament ( for so they are called that have voyce in Parliament , and are Chosen as I have said before to the number betwixt three and foure Hundred ) are called by such as it pleaseth the Prince to appoynt , into an open great house or chamber by name , to which they answer : and declaring for what Shire or Town they answer , then they are willed to choose an able and discreet man , to be as it were the mouth of them all , and to speak for , and in the name of them , and to present him so chosen by them to the Prince : which done they comming all with him to the Barre , which is at the nether end of the upper House , there he first prayseth the Prince , then maketh his excuse of inability , and prayeth the Prince that He would command the Commons to choose another . The Chancellor in the Princes name doth so much declare him able , as he did declare himselfe unable , and thanketh the Commons for choosing so wise discreet and eloquent a man , and willeth them to goe and consult of Lawes for the Common-wealth . Then the Speaker maketh certain requests to the Prince in the name of the Commons , First , that His Majesty would be content , that they may use and injoy all their Liberties & priviledges that the Commons House was wont to injoy . Secondly , that they may frankly and freely say their minds in disputing of such matters as may come in question , and that without offence to His Majesty . Thirdly , if any should chance of that Lower House to offend , or not to doe or say as should become him , or if any should offend any of them being called to that His Majesties Highnesse Court , that they themselves ( according to the ancient custome ) might have the punishment of them . And fourthly , that if there came any doubt whereupon they shall desire to have the advice , or conference with His Majesty , or with any of the Lords , that they might doe it ; all which he promiseth in the Commons names , that they shall not abuse , but have such regard , as most faithfull , true , and loving Subjects ought to have to their Prince . The Chancellor answereth in the Princes Name as appertaineth . And this is all that is done for one day , and sometimes for two . Besides the Chancellor , there is one in the upper House , who is called the Clarke of the Parliament , who readeth the Bills . For all that commeth in consultation either in the upper House , or in the neather House , is put in writing first in paper , which being once read he that will , riseth up , and speaketh with it or against it , and so one after another so long as they shall thinke good : That done , they go to another , & so to another Bill . After it hath been once or twice read , and doth appeare that it is somewhat liked as reasonable , with such amendment in words and peradventure some sentences , as by disputation seemeth to be amended , in the upper House the Chancellor asketh , if they will have it ingrossed , that is to say , put into Parchment : which done ; & read the third time , and that eft-soones , if any be disposed to objected , disputed againe among them , the Chancellor asketh if they will go to the question ; and if they agree to go to the question , then he saith , here is such a Law , or Act concerning such a matter , which hath been thrice read here in this House , are ye content that it be enacted or no ? If the not contents be more , then the Bill is dashed , that is to say , the Law is annihilated , and goeth no farther . If the contents be the more , then the Clarke writeth underneath : Soit baille aux Commons . And so when they see time , they send such Bills as they have approved , by two or three of those which doe sit on the wool-sacks to the Commons , who asking licence , and comming into the house with due reverence , saith to the speaker : Maister speaker , my Lords of the upper House , have passed among them , and thinke good that there should be enacted by Parliament such an Act , & such an Act , and so readeth the titles of that Act or Acts. They pray you to consider of them , & shew them your advise ; which done , they go their way . They being gone , and the doore againe being shut , the Speaker rehearseth to the house what they said . And if they be not busie disputing at the time in another Bill , he asketh them straight way , if they will have that Bill , or ( if there be moe ) one of them . In like manner in the lower House , the Speaker sitting in a seat or chayre for that purpose , somewhat higher , that he may see , and be seene of them all , hath before him in a lower seat his Clarke , who readeth such Bills as be first propounded in the lower House , or be sent down from the Lords . For in that point each House hath equall authority to propound what they thinke meet , either for the abrogating of some Law made before , or for making of a new . All Bills be thrice in three divers dayes read , and disputed upon before they come to question . In the disputing is a marvailous good order used in the lower House . He that standeth up bare-headed , is understanded that he will speake to the Bill . If more stand up , who that is first judged to arise , is first heard , though the one doe praise the Law , the other disswade it , yet there is no alteration . For every man speaketh as to the Speaker , not as one to another , for that is against the order of the house . It is also taken against the order to name him , whom ye doe confute , but by circumlocution , as he that speaketh with the Bill , or he that speaketh against the Bill , and gave this and this reason . And so with perpetuall oration , not with alteration , he goeth through till he have made an end . He that once hath spoken in a Bill , though he be confuted strait , that day may not reply , no though he would change his opinion . So that to one Bill in one day , one may not in that House speake twice , for else one or two with alteration would spend all the time ; the next day he may , but then also but once . No reviling or nipping words must be used . For then all the House will cry 't is against the order , and if any speake irreverently or seditiously against the Prince or the privy Counsell , I have seene them not only interrupted , but it hath been moved after to the House , and they have sent them to the Tower . So that in such a multitude , and in such a diversity of minds , and opinions , there is the greatest modesty and temperance of speech that can be used . Neverthelesse with much dulce and gentle termes , they make their reasons as violent , and as vehement the one against the other , as they may ordinarily , except it be for urgent causes , and hasting of time . At the afternoone they keep no Parliament . The Speaker hath no voice in the House , nor will they suffer him to speake in any Bill to move or disswade it . But when any Bill is read , the Speakers office is , as briefly and as plainly as he may , to declare the effect thereof to the House . If the Commons doe assent to such Bills as be sent to them , first agreed upon from the Lords thus subscribed , Les Commons ont assentus ; so if the Lords doe agree to such Bills as be first agreed upon by the Commons , they send them downe to the Speaker , thus subscribed , Les Seigneurs ont assentus : if they cannot agree , the two Houses ( for every Bill from whence soever it doth come is thrice read in each of the Houses ) if it be understood that there is any sticking , sometimes the Lords to the Commons , sometimes the Commons to the Lords doe require that a certaine of each House may meet together , and so each part be informed of others meaning , and this is alwayes granted . After which meeting for the most part , not alwayes , either part agrees to others Bills . In the upper House they give their assent and dissent each man severally by himselfe ; first for himselfe , and then for so many as he hath Proxy . When the Chancellor hath demanded of them , whether they will go to the question , after the Bill hath been thrice read ? they saying only content or not content , without further reasoning or replying , and as the more number doth agree , so is it agreed on or dashed . In the neather House none of them that is elected , either Knight or Burgesse can give his voyce to another , nor his consent or dissent by Proxy . The more part of them that be present only maketh the consent or dissent . After the Bill hath been twice read , and then ingrossed , and est-soones read and disputed on enough as is thought , the Speaker asketh , if they will go to the question , and if they agree ? he holdeth the Bill up in his hand , and saith , as many as will have this Bill go forward , which is concerning such a matter , say , yea . Then they which allow the Bill , cry yea , and as many as will not , say no : as the cry of yea , or no is bigger , so the Bill is allowd or dashed . If it be a doubt which cry is bigger , they divide the House , the Speaker saying , as many as doe allow the Bill , go downe with the Bill , and as many as doe , not sit still . So they divide themselves , and being so divided , they are numbred who made the more part , and so the Bill doth speed . It chanceth sometime that some part of the Bill is allowed , some other part hath much controversie and doubt made of it , and it is thought if it were amended it would go forward . Then they chuse certaine Committees of them who have spoken with the Bill , and against it , to amend it , and bring it again so amended , as they amongst them shall think meet : and this is before it is ingrossed , yea and sometime after . But the agreement of these Committees is no prejudice to the House . For at the last question they will accept it or dash it , as it shall seem good , notwithstanding that whatsoever the Committees have done . Thus no Bill is an Act of Parliament , Ordinance , or Edict of Law , untill both the Houses have severally agreed unto it after the order aforesaid , no nor then neither . But the last day of that Parliament or Session , the Prince cometh in Person in His Parliament Robes , and sitteth in His State , all the upper house sitteth about the Prince in their States and order in their Robes . The Speaker with all the Commons House cometh to the Barre , and there after thanks-giving first in the Lords name by the Chancellor &c. And in the Commons name by the Speaker to the Prince , for that He hath so great care of the government of His People , and for calling them together to advise of such things as should be for the Reformation ; establishing and ornament of the Common-wealth . The Chancellor in the Princes name giveth thankes to the Lords and Commons , for their pains and travailes taken , which he the said Prince will remember and recompence when time and occasion shall serve , and that he for his part is ready to declare his pleasure concerning their proceedings , whereby the same may have perfect life and accomplishment , by His Princely authority , and so have the whole consent of the Realme . Then one reads the Titles of every Act , which hath passed at that Session , but only in this fashon : An Act concerning such a thing , &c. It is marked there what the Prince doth allow , and to such he saith Le Roy , or La Royn le vults And those be taken now as perfect Lawes , and Ordinances of the Realme of England , and none other , and as shortly as may be put in Print , except it be some private cause , or Law made for the benefit or prejudice of some private man , which the Romans were wont to call Privilegia . These be only exemplified under the Seale of the Parliament , and for the most part not Printed . To those which the Prince liketh not he answereth Le Roy or La Royne saduisera , and those be accounted utterly dasned and of none effect . This is the Order and Forme of the highest and most authenticall Court of England , by virtue whereof all those things be established whereof I spake before , and no other means accounted availeable to make any new for feiture of Life , Member , or Lands of any English man , where there was no Law ordained for it before . King IAMES His Declaration to both Houses at White-Hall , of the Kings power in the Parliament of SCOTLAND in making Lawes . March 31. 1607. IT hath been objected as another impediment , That in the Parliament of Scotland the King hath not a Negative voyce , but must passe all the Lawes agreed on by the Lords and Commons . Of this I can best resolve you , for I am the eldest Parliament man in Scotland , and have sate in more Parliaments then all my Predecessors . I can assure you , that the forme of Parliament there is nothing inclined to Popularity . About a twenty dayes or such a time before the Parliament , Proclamation is made through the Kingdom , to deliver into the Kings Clark of Register ( whom ye here call the Master of the Rolles ) all Billes to be exhibited that Sessions , before a certain day . Then are they brought unto the King , and perused and considered by Him ; and only such as I allow of are put into the Chancellors hands , to be propounded to the Parliament and none others . And if any man in Parliament speak of any other matter , then is in this forme first allowed by me , the Chancellor tells him there is no such Bill allowed by the King . Besides when they have passed them for Lawes , they are presented unto Mee , and I with my Scepter put into my hand by the Chancellor , must say , I ratify and approve all things done in this present Parliament : And if there be any thing that I dislike they race it out before : If this may be called a Negative Voyce ; then I have one I am sure in that Parliament . If I have spoken evill bear witnesse of the evill , but if well , why smitest thou mee ? Ioh. 18. 23. If I have said any thing amisse tell me . Eras. Paraph. FINIS . A79001 ---- By the King a proclamation for the authorizing an vniformitie of the Booke of Common Prayer to bee vsed throughout the realme. England and Wales. Sovereign (1603-1625 : James I) This text is an enriched version of the TCP digital transcription A79001 of text R209812 in the English Short Title Catalog (Thomason 669.f.5[147]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79001 Wing C2601 Thomason 669.f.5[147] ESTC R209812 99868669 99868669 160858 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79001) Transcribed from: (Early English Books Online ; image set 160858) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[147]) By the King a proclamation for the authorizing an vniformitie of the Booke of Common Prayer to bee vsed throughout the realme. England and Wales. Sovereign (1603-1625 : James I) James I, King of England, 1566-1625. 1 sheet ([1] p.) [s.n.], Printed at London : 1642 [i.e. 1643] First edition was printed in 1603 (STC 8344). It was reprinted as a bifolium in STC 16326; also reprinted as a broadside here and in 1660 (Wing, 2nd ed. C3316a)--Cf. STC. Identified on Early English books, 1475-1640 microfilm as STC 8344a. Annotation on Thomason copy: "March 16". Reproduction of the original in the British Library. eng Church of England. -- Book of common prayer -- Early works to 1800. A79001 R209812 (Thomason 669.f.5[147]). civilwar no By the King a proclamation for the authorizing an vniformitie of the booke of common prayer to bee vsed throughout the realme. England and Wales. Sovereign 1643 1324 1 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2009-01 Judith Siefring Sampled and proofread 2009-01 Judith Siefring Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion By the King A Proclamation for the authorizing an vniformitie of the Booke of Common Prayer to Bee vsed throughout the REALME . ALthough it cannot be unknown to Our Subjects by the former Declarations we have published , what Our purposes and proceedings have beene in matrers of Religion since our comming to this Crowne : Yet the same being now by Vs reduced to a setled forme , Wee have occasion to repeate somewhat of that which hath passed : and how at our very first entry into the Realme , being entertained and importuned with Informations of sundry Ministers , complaning of the errors and imperfections of the Church here , aswell in matters of Doctrine , as of Discipline : Although We had no reason to presume that things were so far amisse , as was pretended , because We had seene the Kingdome under that forme of Religion which by Law was established in the dayes of the late Queene of famous memorie , blessed with a peace & prosperity , both extraordinary and of many yeares continuance ( a strong euidence that God was there with well pleased , ) Yet because the importunitie of the Complainers was great , their afsirmations vehement , and the zeale wherewith the same did seeme to be accompained , very specious : We were mooved thereby to , make it Our occassion to discharge the duety Which is the cheifest of all Kingly dueties , that is to settle the affaires of Religion , and the Seruice of God before ther owne . VVhich while we ware in hand to do as the contagion of the sicknesse reigning in Our City of London and other places , would permit an assembly of persons meet for that purpose ; Some of those who misliked the state of Religion here established , presuming more of Our intents then ever Wee gave them cause to doe , and transported with humour , began such proceedings , as did raither raise a scandall in the Church , then rake offence away . For both they vsed formes of publique seruing of God not hear allowed , held assemblies without Authoritie , and did other things carying a very shew of Seditiō more then of Zeale : whom We restrained by a former Proclamation in the moneth of October last , and gave intimation of the co●nerence We intended to be had With as much speede is conueniently could bee , for the ordering of those things of the Church , which accordingly followed in the moneth of Ianuary last at Our Honour of Hampton Court where before Our Selfe , and Our Privie Counsell were assembled many of the gravest Bishops and Prelats of the Realme , and many other learned men , aswell of those that are conformable to the State of the Church established , as of those that dissented . Among whom what Our paines were , what Our patience in heareing and replying , and what the indifferencie and uprightnesse of Our iudgement in determining , We leave to the report of those who heard the same , contenting our Selfe with the sinceritie of Our owne heart therein . But We cannot conceale , that the successe of that Conference was such , as happeneth to many other things , which mooving great expectation before they be entred into , in thier issue produce small effects . For Wee found mighty and vehement Informations supported with so weake and slender proofes as it appeareth unto Vs , and Our Counsell , that there was no cause why any change should have beene at all in that which was most impugned , the book of Common Prayer , containing the forme of the publike Service of God heere established , neither in the doctrine which appeared to be sincere , nor in the Formes and Rite which were justified out of the practise of the Primitiue Church Notwith standing , wee thought meet , with consent of the Bishops and other learned men there present , That some small things might raither bee explaned then change , not that the same might not very well have bene borne with by men who have made a reasonable construction of them : but for that in a matter concerning the Seruice of God VVee were nice , or rather iealous , that the publike Forme thereof should be free not onely from blame , but from suspition , so as neither the common Aduersary should have aduantage to wrest ought therein contained , to other sense then the Church of England intendeth , nor any troublesome or ignorant person of this Church bee able to take the least occasion of cavill against it : And for that purpose gave forth Our Commission vnder our great Seale of England , to the Archbishop of Canterbury and others , according to the forme which the Lawes of the Realme in like Case prescribe to be vsed , to make the said Explanation , & to cause the whole Booke of Common Prayer to be newly printed . Which being now done , and established anew after so serious a deliberation , although VVe doubt not but all our Subiects both Ministers and others , will receive the same with such reverence as appertaineth , and conforme themselves there to every man in that which him concerneth : Yet have we thought it necessary , to make knowen by Proclamation Our authorizing of the same , And to Requier and enjoyne all men , aswell Ecclesiasticall as Temporall , to Conforme themselves unto it , And to the practise thereof , as the onely publike forme of seruing God , established and allowed to be in this Realme . And the rather for that all the learned men who were there present , aswell of the Bishops as others , promised their conformitie in the practice of it , onely making sute to Vs ; that some few might be borne with for a time . Werefore VVe require all Archbishops , Bishops , and all publike Ministers aswell Ecclesiasticall as Civill , to doe their duetie in causing the same to be obeyed , and in punishing the offenders according to the Lawes of the Realme heretofore established , for the authorizing of the said booke of Common prayer . And VVe thinke it also necessary , that the said Archbishops and Bishops , doe each of them in his Prouince and Diocesse take order , That every parish do procure to themselves within such time as they shall thinke good to limite , one of the said Booke so explained . And last of all We doe admonish all men , that hereafter they shall not expect , nor attempt any further alteration in the Common and publike forme of Gods Service , from this which is now established , for that neither will We give way to any to presume , that our owne judgements having determined in a matter of this weight shall be swaied to alteration by the friuolous suggestions of any light spirit : neither are We ignorant of the inconueniences that doe arise in Gouerment , by admitting innouation in things once setled by mature deliberation : And how necessary it is to vse constancie in the vpholding of the publike determination of State , for that such is the unquietnesse and unstedfastnesse of some dispositions , affecting every yeere new formes of things , as , if they should be followed in their unconstancie , would make all actions of States ridiculous and contemptible : whereas the stedfast maintaining of things by good aduice established , is the wealth of all the Common-wealth . Given at our Court the 5 : day of March . Printed at London 1642. A46413 ---- King James, his apopthegmes, or table-talke as they were by him delivered occasionally and by the publisher (his quondam servant) carefully received, and now humbly offered to publique view, as not impertinent to the present times / by B.A. gent. Agar, Ben, 17th cent. This text is an enriched version of the TCP digital transcription A46413 of text R8288 in the English Short Title Catalog (Wing J127). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 47 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A46413 Wing J127 ESTC R8288 12417833 ocm 12417833 61750 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46413) Transcribed from: (Early English Books Online ; image set 61750) Images scanned from microfilm: (Early English books, 1641-1700 ; 943:15) King James, his apopthegmes, or table-talke as they were by him delivered occasionally and by the publisher (his quondam servant) carefully received, and now humbly offered to publique view, as not impertinent to the present times / by B.A. gent. Agar, Ben, 17th cent. James I, King of England, 1566-1625. [2], 14 p. Printed by B.W., London : 1643. Reproduction of original in Huntington Library. eng Great Britain -- History -- Early Stuarts, 1603-1649. A46413 R8288 (Wing J127). civilwar no King James his apopthegmes; or table-talke: as they vvere by him delivered occasionally: and by the publisher (his quondam servant) carefull James I, King of England 1643 8503 26 0 0 0 0 0 31 C The rate of 31 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2006-02 TCP Assigned for keying and markup 2006-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Ali Jakobson Sampled and proofread 2007-04 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion KING JAMES HIS APOPTHEGMES OR , TABLE-TALKE : AS THEY VVERE BY Him delivered Occasionally : AND By the publisher ( His quondam Servant ) carefully received ; AND Now humbly offered to publique view , as Not impertinent to the present Times . By B. A. Gent. London printed by B. W. 1643. The Preface , or , Induction to the Reader . AS the Queen of Sheba declared the servants of Solomon to be happy which stood continually before him , and that heard his wisdome 1 King. 10. 8. I may as confidently affirm , that never since hath any Age produced a Prince of so neere affinity , or resemblance unto him ( who of so ample indowments ) in wisdome , judgement , and equity , hath enlarged himselfe in his life time ; witnesse the many , and manifold unparalelled Trophies of his excellencies yet remaining , which flowed not alone from his pen , and indefatigable dexterity , but sacred lips also , by eloquent discourses , as well as profound documents , and deep Commentaries ; whereof a late extraction is yet extant in view : I therefore conceived it a needfull duty , in pious imitation of the former , to revive the memory of so just and learned a master , in his ordinary discourses and Table-talke , accounting my selfe the most happy ( though least worthy ) of many , to partake of such gracious opportunities which those Halcian dayes did plentifully afford ; conceiving it might be objected against me as a piece of ingratitude , to have deprived the time or posterlty of such Gems and inferences , meet for discourse upon contingent occasions . These were heedfully observed , and carefully taken from the sacred mouth of the first Speaker , King JAMES of famous memory , accidentally falling long time since upon discourse , and Table-talke , at open meales , in his Majesties royall presence , or privy Chamber ( doubtlesse in the hearing , and yet perfect remembrance of divers of his Majesties neere servitu●es and attendants yet living ) they were assiduously collected , as well at his Majesties own standing houses , as also in his forraigne progresse both in England and Scotland , with the sundry times and places , when , where , and upon what occasions , or arguments they were uttered , a Catalogue whereof , I have presumed hereafter to insert , for some peculiar use of these refractory times ; all which I may boldly affirme have been providently preserved , and newly revised and published in times of distemper and distraction ; who knoweth otherwise , then to make good and accomplish the ancient and moderne prophesies and predictions of those contingencies which have reference to the Royall Person of so incomparable a Soveraign ; whereof some have had their period already , in and upon his Person living , and now since his decease , may from his Corps and Ashes , reflect some analogy and resemblance ; as for example , in that of Mother Shepton , That England should tremble and quake for dread ; A dead man that should speake , &c. Before I dare not conclude or determine , but then in fine , I am assured , when ( together with that royall , sacred , and divine Spirit of his , soule and body re-unite ) each single person , no lesse members , as glorious Saints of God , with Angels , and Archangels , shall in a joyfull and heavenly Quire ( with the Church Triumphant ) sing , Gloria in excelsis , &c. for evermore , Amen . To wa●● the Vulgars Cataract , and quit each single stake , ( I 've 〈◊〉 the light growne dim ) by what a dead King spake . Per me B. A. KING IAMES HIS APOPTHEGMES ; OR , TABLE-TALKE . 1. THAT it is a Maxime in the Romish Religion , declared by most of their own Writers , That the Pope may , if he will , at one Masse , free all the soules out of Purgatory . His Majesties inference on this Position was , with abnegation of the Popes Charity , and admiration of his unparalel'd cruelty , that being granted to have power so to doe , doth not , nor may not apply his will unto it . If it were possible for one man to free all the world from hell , ought he not to doe it , &c. 2. That the wearing of Leeks on St. Davids day by the Welchmen , was a good , honourable , and commendable fashion ; seeing that all memorable acts have by their Agents something worne for distinction , and also to preserve the memory thereof unto posterity ; even as the Passeover was to the Jews ; that when their children should aske why they went girded , with staves in their hands , they might shew them the cause , &c. So the Welchmen in commemoration of the great fight by their black Prince of Wales , doe weare Leeks , as their chosen Ensigne , &c. 3. At Cambridge , &c. That an infallid thing may be discerned and knowne , by a fallid meanes ; as for example , our senses are fallid , but by them , wee know many things infallid , &c. whence the Papists inferre ; that because the Church is visible , therefore the chiefe Head must be visible : The Universall Church consisteth of two parts , one visible , the other invisible ; to wit , a visible body , and an invisible spirit , and therefore the chiefe Head of the Church should rather be visible , but we grant many visible substitutes over the Church as subordinate Rulers under the Chiefe , &c. 4. His Majestie observed a quaint Interrogatory put to a jealous Lover out of that famous Comedy of Ignoramus ; the which his Majestie highly commended ; viz. whether he desired most , or rather to be termed , Publius Cornolius , or Cornelius Tacitus . In further approbation of which Comedie , beside in opposition and dislike of another Comedie performed and acted before his Majestie by the Schollers of the Universitie of Oxford , that as in Cambridge , one Sleepe made him Wake , so in Oxford one Wake made him Sleepe . 5. Doctor Baily holding conference with the King touching the Popes Arrogancy , alluding to Christs Answer to his Apostles , He that desires to beare rule , let him be the least among you ▪ and therefore the Pope doth sometimes colourably terme himselfe Servus Servorum , &c. To which the King replies , that by such Argument or inference he could prove the Pope to be humbly minded ; to which the Doctor answeswered , that he did not alwayes so account himselfe ; save onely when he had purpose to delude or deceive , otherwise he esteemed himselfe Dominus Dominantium , &c. His Maiesties determination on the Point , was , that the Popes calling himselfe Servus Servorum , &c. was rather in a more strict and peculiar sence , as th●t he was Servus Petri , &c. sive Mariae Virgims , &c. and so by consequence Servus servorum Dei , &c. toward all other Dominus Dominantium , &c. So likewise to be a professed Catholike , is to be a true Christian , but to be a Romane Catholike is it which marreth the matter . It was the reproofe of the Donatists , which were accounted Catholiques , but confined their profession into one corner of Affrica . So also the Romanists ; whereas the true Catholique is universall . 6. At Edenbrough in Scotland ; tertio dei Junii , Anno Dom. 1617. That whereas our Saviour saith , It is as easie for a Camell to passe through the eye of an needle , as for a rich man to enter into the Kingdome of Heaven , &c. The Pope perverteth that saying ; for that none shall have no Pardons but such as pay for them , so consequently , the rich are more easie to enter into heaven then the poore , because the one can have pardon when he will , but the other is not able to purchase it ; and thereupon His Majestie concluded the Pope to be iustly called a Merchant of mens soules , as it is set forth in the 18. of the Revelation , &c. 7. Concerning that saying , That the gates of hell shall not prevaile , &c. that therefore their Church of Rome cannot fall ; because of the certainty of Gods promise to his Church , which they falsely attribute unto themselves . The question only remaines in the circumstance of time , as betweene their Church , and the true Church , to wit , whether it be already past , or shall be hereafter ; for they deny not , but there shall be a generall defection , & Antichrist shall be revealed , &c. but they deny it yet to be , and we say it is already past and fulfilled in themselves ; but his Majesties absolute determination upon this point was ; the question between them and us to be the same which is yet between the Jewes & Christians ; for they deny not but that a Messiah and Saviour must , and shall come , and yet have him in a dayly expectation ; but the Christian holdeth that he is come already , & hath bin in the world , and hath performed all things preappointed of God his Eternall Father ; even such or the very like , is the question between the Papists and Protestants concerning the right and true worship of that Messiah . The Church Millitant his Majestie compared to the Moon so full of Changes , his reason for this opinion he gave , was , for that he could not see a Church in any place peaceably setled , but before he could duly consider thereof , he forthwith perceived the face of it changed , except it were those of Germany and the low Countries , as the Lutherans and Calvinists , &c 8. At Edengbrough , and Fawkeland , and other places in the Kingdome of Scotland , &c. 23. Junii , 1617. God is never better honored , then in giving him true worship , and in Loving good men . The King at that time declared himself resolved alwayes to kneele at the Sacrament , and that for to testifie his humility toward God , being a King , and the rather for example sake to others that are set under him ; he said he would not retaine willingly a gout in the knee , alluding to Doctor Lawds Sermon a little before made upon that subiect . His Majestie confessed the gout in the knee very troublesome & offensive indeed , and that by a particular experiment of his owne , upon an accidentall hurt which he received on his foot at Newmarket , being to receive the holy Communion on Christmasse day following , and resolved to take the same kneeling , as aforesaid , provoked his whole body into a very great sweat and anguish , and therefore concluded the gout in the knee to be a maine impediment for sacred duties , and so conceived it the easier way to sit , and then the mind might have the better opportunity to rove and wander after other prophane and wanton cogitations : His Majestie did acknowledge that we could never doe too much worship toward God ; should we not ( said he ) exceed the Turkes : who in their false worship doe fall often flat on their faces , & rise often in the night to performe false worship , and this they are injoyned to doe , or otherwise they account themselves damned ; he confessed too much worship might be rendred to our Lady and other Saints , but doubtlesse never too much to God , and Christ his anointed . On the contrary , his Majesties opinion concerning the essence of Gods deity , and how some will seem to flatter him , &c. And thereupon commended a translation , that was so direct , as it described God as he was ; for he cannot bee flattered . As for example , God is said to be omnipotent , it is true ; yet there are some things that he cannot have done as he would , in respect of mans depraved nature . Againe , he made all things ; true , all that we can behould ; but there was a place in which he was before he made the world . Agayne , it is said that he is every where ; true , but as a King is by his Ambassadors , not personally every where . Againe , it is further said that God is unchangeable ; yet it is also said many times that he repents ; and therfore though Kings may somtimes be flattered , yet God never can , &c. That he did not know nor read of above three Iewes converted in 20. yeers , &c. That the Turk sent him Ambassage since his comming to England , to follow the steps of Queene Elizabeth , and not to professe Idolatrie , for that would overthrow his Crowne , &c. That the Turks will not suffer the Iewes among them to sacrifice , for that was flat against their Lawes : As we will not suffer the Papists to worship the masse , because against our Lawes , &c. That the Iewes had been so bitten with punishments for Idolalrie , that they would never indure any shew of it . That the Religion of the Turks was composed of the Iewish Religion , of the Christian , and of the Arrians ; and the pollicy thereof was to draw infinites of people to his subiection that were uncertainly affected ; as in the low Countries they use diversities of Religions to strengthen their power , &c. but this was observed by the King to be a strange pollicy . That he confessed the Turk to be the greatest Prince in the world ; and yet that he did not commannd the tenth part of them which professed mahometisme , &c. That there was ten of his Religion to one that professed any kind of Christianity , and therefore the Popes universality convinced . That through the divers compositions of the Turks Religion , a great part of the world was infected , as both the Indies , America , Persia , &c. The King professed that he would choose rather to turn Turk , then in some fables beleeve Bellarmine , &c. 9. Octavo die Julii , Anno Domini , 1617. At Fawkeland . That a Germane was naturally the most constant to himselfe , for although hee could well fashion himselfe to any Country that he travelled into , yet returning home to his owne , he would appeare to any mans iudgement nothing changed from the manner and condition of his own Nation ; and so in him is most truly fulfilled Coelum non ani●um mutant qui transmare currunt ; but with the English , or any other Nation , for the most part it is not so . That he oft heard the Lord of Northampton say , that a Frenchmun , though never so grave and sober of countenance , yet at one time or other would have his friske of vanity . 10. That Tobacco was the lively image and patterne of hell ; for that by allusion it had in it all the parts and vices of the world , whereby hell may be gained ▪ To wit , first , it was a smoake , so are the vanities of the world a smoake and vapour . Secondly , it delighteth them who take it , so doe the pleasures of the world delight the men of the world . Thirdly , It maketh men drunken and light in the head , so doe the vanities of the world , men are drunken therewith . Fourthly , He that taketh Tobacco , saith he cannot leave it , it doth bewitch him ; even so the pleasures of the world makes men loath to leave them , they are for the most part so inchanted with them . Besides the former allusion , it is like hell in the very substance of it , for it is a stinking loathsome thing , so is hell ; it goeth in at the mouth , and out at the nose , so doth the smoke of hell through the body and head . 11. That he hath heard an old Minister say touching conformity , that it would be a scandall for himselfe to conforme , yet will allow that his son may doe it ; as if he living a foole all his life , desired so to die , &c. Nono die Januar. An. Dom. 1617. That the Puritan Ministers doe give growth unto the Papists , and are a scandall to the true Protestant profession , &c. That on Christmas day last past , there were Sermons preached in divers parts of Scotland ; viz. At Glas●oc , Holyredoes , and at Saint Andrewes , and chose Texts concerning the Nativity of Christ , which was more than had been done there long before . That the Rector of Saint Andrewes , after the Kings last being there , said , that in his Kirk he would constrain the Communicants to stand or kneele ; for hee would have but few at one time , and where they received , should be neither Stool nor Forme , so that of necessity they should either stand , or kneele . That a Minister in Edenborough did baptize a Childe ( through favour to the Parents ) contrary to their Presbyterian Canons ▪ the which thing to doe , none can be drawne unto , by the Canons of the Church of England : As for example , whereas it is by their Lawes , that no baptisme shall be administred , but upon one certaine day , and at a Sermon , and in the Church , and not elsewhere upon any occasion , no not in case of necissity , when the child is like to die without it ; this is their Law absolute , & there is no minister will be wrought by the King or Canons of the Church to do otherwise ; yet upon a time , this Minister ( through favor of some perticuler parsons ) did goe to baptise a child that was sick upon another day , without any Sermon , and comming hastily to the Church , and finding the doores shut , did baptise the same child without the walls of the Church , in the yard , without any scruple of conscience ; and yet being induced thereunto by the King and Cannons ( of the Church of England ) he refused to do the like , &c. That some of the ministers of Scotland did confesse , that they were in as great extreame on the one side , as the Papists were on the other . The like was observed for the Sacrament to the sick at home ; they refused in all cases of necessity ; yet it was once done through savour to one particular person ; in which case I confesse they did not amisse ; but very ill in refusing to do it by the Kings order . That a certaine minister did refuse to do as the King bade him , albeit it were a thing no way contrary to Gods command , or word ; and said peremptorily , if hee did it , he was damned ; being demanded his reason thereof : said , I am Gods Ambassador , and if I performe any thing but what he expressely commands by his word , I am a Traytor , and so consequently , I am damned . 12. Anno Dom. 1618. That no man can thrive that keepeth a whoore at rack and manger , to wit , openly , with iustification , &c. That to rove is proper to expresse the action of the body , but to rave is an action of the mind . That miracles are now used and maintained among the Papists , to the end to confirme a false beleef on Saints , according as at first Christ used miracles , to cause and confirme a true beleefe on himselfe . Evanglikes are not all Evangelists , &c. That he is not of opinion that all specches in Scripture , touching beasts or foules by allegory doth agree with the proper and Peculiar natures of them ; as of that , Be Wise as Serpents , &c. or that comparison in Job to the Ostridge that seemeth to neglect her young by leaving her eggs in the dust , &c. which is not the proper nature of them , as hath been approoved by Barbary marchants that have seen them ; but it seemeth so outwardly , because she hideth her eggs in the sand , and so removeth a little from them , but surely for no other end but to protect them , that at the time of need , and in the hatching , to break the shell , which of it selfe cannot . 13. Anno Dom. 1619. That there was never any noted Heretique , but the Sect of him were much more hereticall . That he could find more arguments in the papists works for the Pope , then the Pope himselfe could doe , &c. That the Canonists are the very Divels of all the rest , &c ▪ That Peter seeing Malchus his Kinsman witnesse against him , made him feare the more , and so denyed his Master . That if they had accused Christ of ryot , the same witnesse would have proved matter to declare his Divinity in healing his eare againe . To commit a sin against the letter of the law morall , is greater then a sin against the consequent ; as for example , adultery is a greater sin then fornication , &c. That he stiled a booke once sent him , by the name of Melchisedecke , being without beginning or ending ▪ &c. That he readeth more Papists bookes then Protestant , and from thence findeth matter to confirme him in the Protestant Religion . That taking all things to the strait tenor of the written letter , is the matter of jarre 'twixt Puritans and Us . That Henry 4. of France would have sent Cardinall Peron to convert him , the which he denyed , for that he held him weake and shallow ; and refused to loose a heavenly crowne for an earthly , &c. That he would not admit a publike disputation between 12. Papists , & 12. Protestants , himselfe being chosen Umpire ; because he might loose more , that would not be satisfied , then he could win , although the Papists side were convicted . That in 88. he almost converted a Papist , untill he heard of the Spanish invasion . 14. 4. Novemb. Anno Dom. 1620. At Theobalds . &c. Discourse concerning Alchymy . The Alchymists from a true position doe produce a false assumption to maintaine their practise ; as for example , every creature or thing hath a naturall inclination to the perfection of the same kind ; as poore silly wormes by change of climat may become Serpents ; and in all Minerals the perfection is gold , so all inferiall Mettals have inclination to gold , which is but as we say the quintessence , fat , or creame of other Mettals , and not consisting in any veine of it selfe ▪ Now from this generall position , the Alchymist with a certaine composition with other Mettals ( most having some gold in them ) doe thinke to ripen them into gold by Art , as men may doe the other fruits of the earth ; which is no certaine rule , and therefore a false assumption from a true position . That in some parts of Scotland might be in time by industry procured many faire and rich Pearles . That many learned Writers have recorded things for truth , which experience hath falsified ; as for instance , His Majestie gave His owne experience , touching the wormes found in a Stagges head ; which are reported to die if put into water , but will live in wine , the which being tryed , they live equally in both . Sir Francis Kinnaston by experience falsified the Alchymists report , that a Hen being fed for certaine dayes with gold , beginning when Sol was in Leo , should be converted into gold , and should lay golden egges ; which being tryed was no such thing ; but became indeed very fat . His Majesties answer and conceit thereupon was , that surely somewhat was omitted in Sir Francis his experiment ; to wit , he wanted faith to beleeve , as himselfe did alwayes in the like , or such matters ; but one thing more might have been added , more amply to satisfie the Experiment ; if the Cocke had beene first fed with gold , and afterward have troden the Hen , might haply have succeeded better , &c. 15. At Royston . That no man can tell what part of the meat which he eateth turneth to nutriment , and what to excrement ; but it is the Divine power , which appointeth and ordereth the same . That the often mentioning of Abraham , Isaac and Jacob in the Scriptures , is to signifie that we should celebrate the memory of good men above others , and of all , men above beasts , &c. That it is termed in Scripture , the God of Abraham , &c. some inferre thereupon , that these Fathers are yet living in the flesh , because it is said that God is the God of the living , and not of the dead , &c. 16. At Newmarket , &c. Opon discourse of the strictnesse of the Civill Law , touching the power of womens accusations in matter of Bastardy ; His Majesty made mention of one that Himselfe knew , that would not acknwledge to have had any child in her Husbands life time ; yet after his death above three yeares , she produced a sonne to inherit her dead Husbands estate , and proved the same to bee his , which hee never knew , nor owned in his life time ; and for her excuse in concealing the same in his life time , she cited his jealousie and other dangerous humours in him , for which shee durst not make knowne that ever she was with child by him . And this is the usuall custome of such as live at their stipends , and keepe houses by their Husbands allowance , where their Husbands are not themselves . That all humane Lawes cannot be perfect , but that some must rest in their discretion of the Judge , although an innocent man do perish thereby : as his Maiestie further conceaved , that a Jury may cast upon Evidence , and a Judge may give a iust sentence , and yet the partie innocent . That it were better twenty innocents did suffer , then to have all dishonest men goe free . That there is many wayes to find out truth besides evidence of reall witnesse ; to wit , the same and report of the delinquent ; whereupon Master Hugh May replied and mentioned Master Haddocks good report and opinion conceived of him in Oxford ; and yet was found at last a great offendor ; whereupon his Maiestie replied , the case in him was not after his meaning ; and thereupon insisted , further to exemplifie his offence , confessing the same to bee high and cappitall in respect of God and man ( meaning Master Haddock who preached in his sleep ) first that his Maiestie did God and the country good service in discovering that man . Secondly that his practise was diabolicall , and a new way to sin that his Maiestie never heard of before . Thirdly , that he did therein practise against God himselfe , in that he did indeavour to make his owne inventions as the Oracle of God , and by that meanes to bind mens cansciences therunto to beleeve . Fourthly , That his Maiestie discovered him by his owne papers and notes which were brought unto the King , the which Master Haddock confessed to bee his own hand writing , and the notes of the Sermon , which ( men say ) he Preached in his sleep ; but for answer thereunto said , he only noted his Sermons first in writing , and so in the night dreamt thereof , and of the same thing he had penned before ; but by this answer his Maiestie convinced him upon his owne experience , concerning dreames and visions in the night ; that things studied or mentioned in the day time may be dreamt of in the night ; but alwayes irregularly without order ; but not as his Sermons were , both good and learned ; as in particular , in that very Sermon which he preached before his Maiestie in his sleep , concerning Davids waters , &c. Psal. 69. wherein he treated ; first , Phisically , then Theologically , which is not usually in dreames so to do . Fiftly , that Master Haddocks sinne being granted for liberty and good ; then would all capitall sins have been protected and allowed ; as blasphemy against God , treason agninst the King , slander against any man , &c. and what not ? and at last all defended under couler of being asleep . Six●ly , that in all his Sermons , he had alwayes some sayings in defense , or in excuse of the Puritans . After the discourse ended concerning Master Haddock , as aforesaid ; his Maiestie proceeded to mention his great trouble with that sect in Scotland , and could never yet reduce the Ministers from slandering in their Sermons openly ; and would tell him the offences of his servants by name , as if you keep such a one ( naming him ) God will blesse you ; but if such a one ( naming him also ) you cannot prosper . That he hath been constrayned to make answer to Preachers in the midst of their Sermons ; who digressing from the word of God , have told him openly before his own face , of certaine communications wherein he hath not pleased their humors , although it had been privately done by me unto them , &c. That for 12. yeeres together in Scotland he prayed on his knees before every Sermon , that he might heare nothing from the Preacher , which might afterward grieve him ; but since he came into England his Prayer was to edifie of that which he heard . That one man whom the King openly called unto him in his Sermon , did afterwards complayn to the Presbitery , that the King molested him in the Preaching of Gods word ; To which complaynt his Maiestie gave answer in this manner ; viz. Godforbid that I should molest any in the Preaching of Gods word ; but I consesse that the Preacher told mee before my face , many tales of a tub , as what I said to him at such a time , and what his replie was to me , and all this raylingly in a Pulpit , me thought I could not conteyn my selfe , &c. but the same Minister was afterward deprived , and by other Ministers it was acknowledged to be iustly done . 17. That his maiesties opinion was , that the reasons that moved the foresaid Master Haddock to put in practise his Preaching in his sleep ; did proceed from two naturall infirmities to which he was subject ; the one was stammering in speech so finding himselfe more ready to speake , being quiet in his bed , and his eies shut from any obiect to trouble his mind , he could utter himselfe more perfectly ; The Second reason , was his pronesse to talke in his sleep , &c. These two , as the King conceived pricked him on to that foule practise and illusion of Sathan , &c. 18. At Theobalds , Ann. Dom. 1621. That there is more pride under Diogenes and a Puritans cap , then under a Kings Crowne . That the not paying Tithes to the Church , is many times the ruin of great estates . That the King hath observed some in particular , that after a long continuance of prosperity with great increase in their ancestors ; yet by neglect of tiths paying , have been impoverished , although otherwise never so provident and industrious . That he should account nothing blessed , if he should deny the necessity of tiths paying . That , against all impugnors , he would demand what conscience there were to expect ten pound use for every hundred pounds , and yet to question with God for the tenth of his owne . That this is most impugned by Puritans and Lecturors , that are not beneficed . That most Lawyers possessing much land , do as it were fright the Churchmen out of their tiths by tricks of Law , and so fearing them with perilous and tedious suites That such as impugne it most , are most greedy of it , after they come to it . 19. Ibid. Ann. Dom. 1622. That the King vowed never to be of that Religion , where so grosse an opinion , as Transubstantiation was so ignorantly maintained , while God kept him in his right wits . That he commended the Preacher of that day for stilling the puritans of our Church , protestant Jesuits , as also the Jesuits of the Church of Rome , he termed Jesuiticall puritans ; for both of them are great enemies to monarchicall government . To manifest the grossnesse of their error in their opinion of Transubstantiation ; The King had heard of a Jew , that once stobbed the bread or wafer , and some affirme there issued out perfect blood , which among them is still kept , and they premit somtimes mice and rats to eat it , &c. now consider how disproportionable a thing it is after consecration ( if it be the very body , as they aver ) that they should allow a Jew to crucifie him againe , and also for mice and ratts to eat our Saviour . His Majesty did vehemently inculcate the grossnesse of this error ; and furthermore said that Bellarmine was much troubled about this poynt , whether the bread and wine , although much taken together , do turne to Corporall nutriment or not , or transubstantiated as aforesaid , and then a greater error followeth , &c. 20. That it was strange to looke into the life of Hen. 8. how like an Epicure he lived , &c. It was once demanded by King Hen. 8. of one , what he might do to be saved ? who answered , that he had no cause to feare , having lived so mightie a King , and done so many worthy acts in his life time ; but oh said he , I have lived too like a King ; which King Iames inferred was rather like no . King ; for the office of a King is to do iustice and equity ; but he only served his sensuality like a beast , &c. 21. That a monarchicall government by secular Kings and Priests is the only ordinance of God ; and the Republiques but only a depraved institution of man for depraved ends , as appeareth manifestly by the whole current of Scripture , even from Adam to the primitive Church after Christ , &c. That God in his wisedome approved no fitter nor safer meanes to rule his people , but by such an institution . That from the beginning , there was instituted heads over every familie , over the good and bad , as Seth and his posterity , Cain , Lamech , even to the Devell , &c. After that the 12. Patriarks were as Secular Princes , as free as I am here , and more too ; for they had potestatem vitae & necis in themselves , without any Iury ; after them the Judges , and so absolute Kings , with a promise that the scepter should not depart , &c. and so also after Christ , to this very day . Besides , among Heathen and Savages by naturall instinct , they ordained Kings and Princes , among beasts they have a King , and so among birds ; the Dear hath his Master of a heard , the smallest creatures have their cheef ; what shall I say then to such as will have no concordance with God , with men , with beasts , inferior creatures , with Devills , nor any , but with themselves , and are all for a Republique in all which I have said ; there is no mention of a Republique , as if it were a strange thing to God himselfe . That his Majestie did thinke many here in England , did wish their Estates were lying by Amsterdam ; which thing the King did also wish to such , &c. That in Venice , which is governed by a Republique , they do createno honors or dignities , but a Merchant of Venice , which is seldome , &c. That the Mothers and Nurses do call their children in reproach , Barons , which is with us a stile of honor , &c. That the Pope doth create Kinghts as a secular Prince . That the honor conferred upon any Centurion abroad is there with no esteeme ; but the King hath made many Knights of them here , &c , That no iurisdiction elective , as Emperors , Kings , Princes , &c. is any honor or precedency to any of the allies of him elected , but personall to himselfe , &c. That to have inployment in any republique , in that state is dangerous ; for do he well or ill he is sure to rue it , and he speedeth best that doth worst ; like a Scottish tale I have heard of , one that never sped well among the Lawyers when he had a good cause , because he then least suspected it , and the other side bribed ; but when his cause was ill , he then also bribed , and countermanded , and so the greatest carried it for the most part , even so in republiques . That the Agent here for the Venetians , although he presented to the King a Letter from their Duke , subscribed with his own hand , with addition of all his titles , and the Kings inserted , yet at the delivery , no mention made of the Duke himsefe , not somuch as commendations ; but our republique greets you , &c. That the King in all his reading could never truly find what the name of a Cardinall was , and yet he hath sought much for it , unlesse it were a Cardo on which the wheele moves , &c. That in the Primative Church of Rome , there were inferiors to Bishops , and were but seven in number , as Persons of the seven Churches mentioned about Rome ; but how they come to place them before Bishops , and make of them Princes and Potentates ; and how they become the Electors of the Papacy , I cannot get to know . That it is strange the Pope should create his owne makers and electors . That in attainder and tryall of innocents , wherein is scruple , the Iustice of our State proceeds slowly , &c. 22. 28. May , Ann. Dom. 1622. That the Preacher that day Preaching out of the 29 Psalme , That I offend not in my tongue , &c. he could have wished might have been before so many women , because they are most unruly therein , &c. That silence was an incomparable vertue in a woman , touching which he Commended the Lady Marquesse Buckingham . That it was strange to note , that although all the members of a man declined by age , yet the tongue never , &c. That although old men and women were prone to give ease to all their other members ; yet then the tongue most wanton , and coveting talke , &c. The Palsie of all diseases most maimeth the tongue , and yet improveth its tatling or unruly motion ▪ &c. Thus was his Majesties reply to Doctor Mountaine the then Bishop of London . 23. At Ramcsbury in VVi●t●●ire , July 28. Ann. Dom. 1623. That upon report made to his Majestie of a Goose that loved a man , that it would never be from him wheresoever he went , and upon occasion would guard him from offence , &c. Whereupon his Majestie remembred that Goose of the Capitoll ; and further said , hee thought it as easie to prove the discent of the foresaid Goose , from that Goose of the Capitoll , as the Herolds now doe prove the discent of many Gentlemen of these times , &c. 24. August 3. &c. That in the direct worship of God himselfe , we ought to be guided by the Word of God , as he prescribeth in the same , and not otherwise , &c. as also in the matter of Sacrifices ; but in the forme and order of Ceremonies , that indeede is soly left unto the Church ; but not the immediate worship , we may not therein follow our owne wills , that is the maine difference betweene the Church of Rome and us , if we may use a Will-worship , then they are in the right , but if we may not , then we are in the right , &c. October . At F●●●●i●gbrooke &c. That it is as obsurd and wicked to account the Virgin Mary the Queene of heaven ( according to the Popes Doctrine ) because she is the naturall mother of our Lord , then to thinke there is a Goddesse , because we have a knowne God ▪ &c. That the Virgin Mary was more happy in bearing Christ first in her heart by faith ; then in her wombe , &c. That he did beleeve that Christ did effect and love her while he was on the earth more , then any other woman ; as he had reason ; but not as he was God , but as he was man the Sonne of her flesh . This doth not derogate from her due estimation , but to nullifie her power now with Christ in heaven , as well as of all other Saints to remit and get pardon for sinne . 25. That he lately heard newes in Letters from his Ambassadour , Sir Tho. Roe in Consta●●inople of strange things concerning the Turkes , &c. First , That then in Constantinople there was committed by the Jannesaries and others , all manner of open rapes , and deflouring of women , Theft , and Murthers , and for these Barbarism●s , no Justice administred by the Emperour , Bashaes , nor other inferior governors ▪ which things were so strange and novell , that he thought it presaged some imminent ruine upon them , &c. That he wondred how so mighty a State could subsist at any time without the administ●●tion of Justice , especially towards such offendors . That the Turkes accouuted all Prophets among them but as mad men ; and at that time so esteemed their Emperour himselfe . That he accounted all Tyrants but as fooles , intimating all the Romane Emperors , as Nero , and the rest , who delighted in nothing but foolish things , as Stage-playes , Fidling , driving of Charets , &c. And yet Nero in some things a singular man of excellent parts . That if Nero had been a private man , might have attained the estimation of a good and vertuous gentleman ; but being an Emperor ▪ fell to impious fopperies , through the 〈◊〉 of his will , &c. Stat pro ratione voluntas , &c. as ( Doctor Young ) the Deane of Winchester implyed . That many private Persons being esteemed honest playne men , having assumed dignity and being in place of Kings and Monarches , have done many strange things . That Bethlem Gabor at this time had behaved himselfe very infamously in making peace with the Turks for his own safety , and since , with the Emperour , without the privity of the Turk ; so that he playes Iack on both sides for his own ends . That the Turk and the King of Poland ▪ were in great league , and that he had given the Polander leave to be revenged and repayred upon the Tartars , for his late invasion upon him . That Iulian the Emperor was a witty Prince , but not a Tyrant , as the rest , though an Apostata . 26. At Royston . Anno. Dun. 1624. Whether boldnesse or bashfullnesse did soonest prevaile in Court ? his Maiesties opinion was in that bashfullnesse did ; alluding to the Lord Duke of Buckingham , who at his first comming to Court exceeded in bashfullnesse , and when his Maiestie first cast his eie upon him , the Lord of Arundell being asked by his Maiestie what he thought of him , he answered , that his blushing bashfullnesse was such , as he thought he would do but little good in Court favors . 27. That if there were no other quarrell betweene the Papists and Protestants , but the number of Sacraments , he would himselfe be a Papist ; for he held it not worth the quarrelling ; as appeared by a tale of two friends in Scotland , being great in frendship , and in the cup falling out about that Subiect , the one a great Papist , and the other a Protestant , so they fought and were both slaine ; a third said , before he would have lost his life in that quarrell , he would have devided the seven into three and a halfe , &c. That many things in Religion were rather carried by mans opinion , then perfect intention to the truth , &c. That himselfe would not condemne any thing for heresie , that had been antiently confirmed by an universall consent . That of extreame Unction , as of other things used by that Church of Rome , he was of an indifferent opinion , so it might be continued according to the first intention , and so of many other things with them , &c. 28. At Theobalds , Ann. Dom. 1624. That of his wife the Queene Anne deceased ( he spake to his owne comfort ) that she would often say unto him , looke you keepe your selfe in the right way ; for I am resolved to follow you whithersoever , even to the brinke of hell ; for I am within your charge ; saying withall , that all good wives should never forsake their husbands in any thing , being required by them , not directly against God ; not for any disease or sicknesse whatsoever . That he knew many foster Parents and adopted children , much more affectionate then natuturall ; and Nurses more loving then mothers , &c. That some children he knew that must have correction every day , and some reformed with a word . That he would never beleeve any newes in Verse , since the hearing of a Ballad made of the Bishop of Spatata , touching his being a martyr , &c. That he would never use other Argument to convince the Papists of their opinion of miracles , but by their owne Doctrine , whereunto most of their Miracles are altogether repugnant ; as for example ; 〈◊〉 they have , that the picture of our Lady should stir , &c. Their Doctrin is , that their Images are but representative , &c. Now what disproportion appeareth between their opinion and Doctrine ? &c. Apothegmata fideliter collecta ex ●re Regis Jacobi per me Ben. Agar . Servatorem ejus i● 〈◊〉 sua , 〈…〉 suae ●2 . FINIS . A47319 ---- Sir Walter Raleigh's observations, touching trade & commerce with the Hollander, and other nations, as it was presented to K. James wherein is proved, that our sea and land commodities serve to inrich and strengthen other countries against our owne ... Observations, touching trade & commerce with the Hollander, and other nations Raleigh, Walter, Sir, 1552?-1618. This text is an enriched version of the TCP digital transcription A47319 of text R9825 in the English Short Title Catalog (Wing K391). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 65 KB of XML-encoded text transcribed from 46 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47319 Wing K391 ESTC R9825 12147673 ocm 12147673 55005 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47319) Transcribed from: (Early English Books Online ; image set 55005) Images scanned from microfilm: (Early English books, 1641-1700 ; 109:3) Sir Walter Raleigh's observations, touching trade & commerce with the Hollander, and other nations, as it was presented to K. James wherein is proved, that our sea and land commodities serve to inrich and strengthen other countries against our owne ... Observations, touching trade & commerce with the Hollander, and other nations Raleigh, Walter, Sir, 1552?-1618. Vaughan, Robert. James I, King of England, 1566-1625. [8], 80 p. : port. Printed by T.H. and are to be sold by William Sheeres ..., London : 1653. Portrait engraved by Ro. Vaughan. Reproduction of original in Yale University Library. "The seat of government": p. 65-71; "Observations concerning the causes of the magnificency and opulency of cities": p. 73-76; "Safety for defence of the people and their goods": p. 77-80. eng Great Britain -- Commerce. Great Britain -- Commercial policy. A47319 R9825 (Wing K391). civilwar no Sir Walter Raleigh's observations, touching trade & commerce with the Hollander, and other nations, as it was presented to K. James. Wherein Raleigh, Walter, Sir 1653 11702 245 0 0 0 0 0 209 F The rate of 209 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-09 Apex CoVantage Keyed and coded from ProQuest page images 2002-06 Kirk Davis Sampled and proofread 2002-08 Apex CoVantage Rekeyed and resubmitted 2002-09 Chris Scherer Sampled and proofread 2002-10 Apex CoVantage Rekeyed and resubmitted 2002-11 Chris Scherer Sampled and proofread 2002-11 Chris Scherer Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion Tam Marti , Quam Mercurio . The Ho.ble and learned Knight Sr. Walter Raleigh . Ro Vaughan 〈◊〉 SIR WALTER RALEIGH'S OBSERVATIONS , TOUCHING Trade & Commerce with the HOLLANDER , and other Nations , as it was presented to K. JAMES . Wherein is proved , that our Sea and Land Commodities serve to inrich and strengthen other Countries against our owne . With other Passages of high Concernment . LONDON , Printed by T. H. and are to be sold by WILLIAM SHEERES , at the sign of the 3 〈◊〉 , over against the North door of S. 〈◊〉 , 1653. THE PRINTER TO THE READER . Reader : THou hast here presented to thy view , a most rare and excellent Piece , both for judgement and experience , by a most incomparable hand , shewing the cōmodities of all Christian Nations , their Traffique with one another , together with their severall Merchandizes , as also the value of their severall Coins . It was in the beginning of K. James his time presented un●…o him , and being at that time laid aside , in regard of more urgent affairs , it was ( after divers years ) again presented ; but though then wanting a good prosecutor , the Authour being taken away by death , it was carefully preserved by the hands of a very learned Gentleman , my singular good friend , untill this time : Who esteeming very highly of so rich a Jewell as this , was very hardly perswaded to suffer the same to be exposed to publique view . But by my extraordinary solicitation , and for that I was very sorry the World should be deprived of so excellent a Piece , and for the benefit of this Nation , in regard of the 〈◊〉 Commodities for Trade and Traffique , which other Countries want , and do receive from us , as also what benefit our own Merchants might make , to their more far advantage , and to the setting many thousands of our poor people on work , he was the more willingly induced to hearken to divulging of the same . Wherin what benefit thou shalt find from hence ( which I know to bee exceeding great ) thou must assuredly acknowledge the same to proceed from him who hath so freely imparted it to thee for thy great benefit and satisfaction . Let me intreat thee therefore ( good Reader ) to peruse it over , and I doubt not but thou shalt find extraordinary profit and contentment . And in the perusall whereof , consider likewise with thy selfe , what an innumerable benefit might have been raised since these few Observations were presented , had they been carefully put in execution , for the great good , and infinitely enriching of this Nation , the mighty encrease of Shipping and M●…rriners ; the neglect of which , or the like good observations , hath been the occasion of the height of other petty States , and the impoverishing of our owne , as sad experience tels us . As also what infinite vast sums of Treasure hath been gained by S●…rangers fishing upon our Coasts , which Fish hath been carried all the world over , as also divers other of our Land-commodities , to the great inriching of them that have none of their owne , and a great scan●…ll to our Nation , so that scarce the name of our owne commodites is attributed unto us . I heartily wish , that those who governe our Sterne would but take notice hereof , and accordingly apply such wholsome remedies as their Wisdomes should think meet , for prevention of so far grown a mischiefe , and for the future to hearken to these or the like Directions , which would make our Nation infinitely flourish , and abate the insolencies of such as have beene sheltred and grown rich and potent by the only means of this Nation . Thus ( gentle Reader ) desiring , and heartily wishing the good and welfare of my Countrey , I have sent this s●… all Piece ( though great in worth ) into the World , for thy benefit , wishing thee to accept it with as good a heart as it is presented , by him who is Thine to serve thee . T. H. M●…y it please your most excellent Majesty . ACcording to my ●…ie , I am imboldned 〈◊〉 〈◊〉 yourMajesty in minde , that about fourteen or fifteen yeares ●…ast , I presented you a Book of such extraordinary importance , for honour and profit of your Majestie and posteritie , and doubting that it hath been laid asid●… and not considered of , I am incouraged ( under your Majesties pardon ) to present unto you one more , consisting of five propositions , neither are they grounded upon vaine or idle grounds , but upon the fruition of those wonderfull blessings , wherewith God hath indued your Majesties Sea and Land ; by which means , you may not only inrich and fill your Coffers , but also increase such might and strength ( as shall appeare , if it may stand with your Majesties good liking to put the same in execution in the true and right forme : ) so that there is no doubt but it will make you in short time a Prince of such power so great , as shall make all the Princes your neighbours , as well glad of your friendship , as fearfull to offend you . That this is so , I humbly desire that your Majestie will vouchsafe to peruse this advertisement with that care and judgement which God hath given you . Most humbly praying your Majesty , that whereas I presented these five Propositions together , as in their own natures , 〈◊〉 depending one of another , and so linked together , as the distraction of any one wil be an apparant maim and disabling to the rest . That your Majesty would be pleased that they may not be separated , but all handled together jointly and severally by Commissioners , with as much speed and secrecy as can be , and made fit to be reported to your Majesty , whereby I may be the better able to performe to your Highnesse that which I have promised and will performe upon my life , if I be not prevented by some that may seek to hinder the honour and profit of your Majestie for their own private ends . THe true ground , course , and forme herein mentioned shall app●…are how other Countries make themselves powersull and rich in all kindes , by Merchandize , Manufactory , and sulnesse of Trade , having no Commodities in their own Countrey growing to do it withall . And herein likewise shall appear how easie it is to draw the wealth and strength of other Countries to your Kingdome , and what royall , rich , and plentifull means God hath given this Land to do it ( which cannot be denied ) for support of trafficque and continuall imployment of your People for replenishing of your Majesties Coffers . And if I were not fully assured to improve your native Commodities , with other traffick , three millions of pounds more yearly then now they are , and to bring not only to your Majesties Coffers within the space of two or three years near two millions of pounds ; but to increase your Revenues many thousands yearly , and to please and greatly profit your people , I would not have undertaken so great a work : All which wil grow by advancement of all kind of Merchandizing to the uttermost , thereby to bring Manufactory into the Kingdome , and to set on worke all sorts of people in the Realm , as other Nations do , which raise their greatnesse by the abundance of your native commodities : whilst we are parling and disputing whether it be good for us or not . May it please your most excellent Majesty . I Have diligently in my Travels observed how the Countreys herein mentioned doe grow potent with abundāce of all things to serve themselves and other Nations , where nothing groweth , and that their never dried fountains of wealth , by which they raise their estate to such an admirable height , as that they are at this day even a wonder to the world , proceedth from your 〈◊〉 Seas and Lands . I thus moved , began to dive into the depth of their policies and circumventing 〈◊〉 , wh●…reby they drain and still covet to exhaust the wealth and coin of this Kingdome , and so with our owne commodities to weaken us , and finally beat us quite out of trading in other Countreys ; I found that they more fully obtained these their purposes by their convenient priviledges , and settled constitutions , then England with all the Lawes , and superabundance of hombred commodities which God hath vouchsafed your Sea and Land : And these , and other mentioned in this booke , are the urgent causes that provoked me in my love and bounden duty to 〈◊〉 〈◊〉 and my Countrey , to addr●…sse my former Books to your princely hands and consiideration . By which Priviledges they draw multitudes of Merchants to Trade with them , and many other Nations to inhabite amongst them , which makes them p●…pulous , and there they make Store-houses of all forraign Commodities , where with upon every occasion of scarcity and dearth , they are able to furnish forrain Countries with plentie of those 〈◊〉 , which before in time of plenty they ingrossed , & brought home from the same places , wch doth greatly augment power & treasure to their State , besides the common good in setting their poore and people on worke . To which priviledges they adde smailnesse of custome , and lib●…rty of Trade , which maketh them florish , and their Countrey so plentifull of all kinde of Coyne and Commodities , where little or nothing groweth , and their Merchants so florish , that when a losse cometh they scarce feel it . To bring this to pass , they have many advantages of us , the one is , by their fashioned Ships called Boye●…s , Hoybarks , Hoyes , and others , that are made to hold great bulke of Merchandize , and to saile with a few men for profit : For example , though a English Ship of two hundred Tuns , and a Holland Ship , or any other of the petty States of the same burthen be at Danske , or any other place beyond the Seas , or in England , they do serve the Merchant better cheap by one hundred pounds in his fraight , than we can , by reason hee hath but nine or ten Marriners , and we neare thirty ; thus he saveth twenty mens meat and wages in a voyage , and so in all other their ships , according to their burden , by which means they are fraighted wheresoever they come , to great profit , whilst our Ships ly still & decay , or go to Newcastle for Coales . Of this their smallnesse of custome inwards and outwards , we have daily experience ; for if two 〈◊〉 ships , or two of any other Nation bee at Burdeaux , both laden with wine of three hundred Tuns a p●…ce , the one bound for Holland , or any other petty States , the other for 〈◊〉 , the Merchant shall p●…y about nine hundred pound custome here , and other duties , when the other in Holland , or any other petty States , shall be cleared for lesse then fifty pound , and so in all other wares and 〈◊〉 accordingly , which draw●…s all Nations to traffick with them ; and although it seems but small duties which they receiv●… , yet the multitudes of all kind of Commodities and Coyne that is brought in by 〈◊〉 and others , and carried out by themselves and others , is so great , that they receive more custome and du●…ies to the State , by the greatnesse of their commerce in one yeare , then England doth in two years ; for the one hundredth part of Commoditi●…s are not spent in Holland , but vented into other Countries , which maketh all the Countrey Merchants , to buy and s●…ll , and increase Ships and 〈◊〉 to transport them . My travells and meaning is not to diminish ( neither hath been ) your Majesties Revenues , but exceedingly to increase them , as shall appeare , and yet please the people , as in other parts they do . Notwithstanding , their Excises brings them in great Revenues , yet whosoever will adventure to 〈◊〉 but for six Tuns of Wine , shall be free of Excise in his owne house all the yeere long ; and this is done of pu●…pose to annimate and increase M●…rchants in their Countrey . And if it happen that a Trade bestopped by any forraign Nation , which they heretofore 〈◊〉 had , or 〈◊〉 of any good Trading which they never had , they will hinder others , and s●…ek either by favour , money , or force , to 〈◊〉 the gap of Traffick for advancement of Trade amongst themselves , and imployment of their people . And when there is a new course or Trade erected , they give free custome inwards and outwards , for the better maintenance of Navigation , and incouragement of the people to that businesse . Thus they and others gleane the wealth and strength from us to themselves , and these reasons following procures them this advantage of us . 1. The Merchant Staplers which make all things in abundance . by reason of their Store-houses continually replenished with all kinde of Commodities . 2. The liberty of free Traffick for strangers to buy and sell in Holland , and other Countreys and States , as if they were free-borne , maketh great int●…rcourse . 3. The small duties levied upon Merchants , drawes all Nations to trade with them . 4. Their fashioned Ships continually fraighted before ours by reason of their few Marriners , and great bulke , serving the Merchant cheap . 5. Their forwardnesse to further all manner of trading . 6. Their wonderfull imployment of their Busses for fishing , and the great returns they make . 7. Their giving free Custome inwards and outwards , for any new erect●…d Trade , by means whereof they have gotten already almost the sole Trade into their hands . All Nations may buy and sell freely in France , and there is free custome outwards twice or thrice in a yeare , at which time our Merchants themselves doe make their great sales of English Commodities , and doe buy and lade their great bulke of French Commodities to serve for the whole yeare ; and in Rochell , in France , and in Britain , free custome all the yeare long , except some small Toll , which makes great Traffick , and maketh them flor●…sh , In Denmarke to inc●…urage and inrich the Merchants , and to increase Ships and Marriners , free custome all the yeare long for their owne Merchants , except one M●…neth between Bartholomew tide and Micha●…lmass . The Haunce Townes have advantage of us , as Holland , and other petty States have , and in most things imitate them , which makes them exceeding rich and plentifull of all kind of Commodities and Coyne , and so strong in ships and Marriners , that some of their Towns have neare one thousand sail of Ships The Marchandiz●…s of France , Portugall , Spaine , Italy , Turkey , East and West Indies , are transported most by the Hollanders and other petty States into the East and North-East K●…ngdomes of Pomerland , Spruceland , Poland , Denmark , Sweathland , Leisland , and Germany , and the Merchandizes brought from the last mentioned Kingdomes , being wonderfull m●…ny , are likewise by the Holland●…rs and other petty States most transported into the Southern and Westerne Dominions , and yet the situation of E●…gland lyeth far better for a Store-house to serve the Southern East and North-East Regions , than theirs doth , and hath far better meanes to doe it , if we will bend our course for it . No sooner a dearth of F●…sh , Wine , or Corn here , and other Merchandize , 〈◊〉 forth with the Embdoners , Hamburgers , a●…d Hollanders , out of their Store-houses lade fifty , or one hundred ships , or more , dispersing themselves round about this Kingdome , and carry away great store of coyne and wealth for little commodity in those times of dearth , by which meanes they suck our Common-wealth of their riches , cut down our Merchants , and decay our Navigation , not with their naturall commodities which groweth in their own Countries , but the Merchandizes of other Countreys and Kingdomes . Therefore it is farre more easier to serve themselves , hold up our Merchants , and increase our Ships and 〈◊〉 , and strengthen the Kingdome , and not onely keep our money in our owne R●…alme , which other Nations still rob us of , but bring in theirs who carrie ours away , and make the banke of Coyne and Store-house to serve other Nations as well and far better cheap than they . Amsterdam is never without seven hundred thousand Quarters of Corn , besid●…s the plenty they daily vent , and none of this groweth in their owne Countrey : a dearth in England , France , Spaine , Italy , Portugall , and other places , is truly observed to inrich Holland seven yeeres after , and likewise the petty States . For example , the last Dearth six years p●…st , the Hamburgers , Embdeners , and Hollanders out of their Store-houses furnished this Kingdom , and from Southampton , Exeter , and Bristow , in a yeare and a halfe they carri●…d away near two hundred thousand p●…unds from these parts onely ; then what great quantitie of coyns was transported round about your Kingdome from every Port Towne , and from your City of London , and other Cities cannot be esteemed so little as two millions , to the great decay of your Kingdom , and impoverishing your people , discredit to the Company of Merchants , and dishonour to the Land , that any Nation that have no Corne in their owne Countrey growing , should serve this famous Kingdome , which God hath so inabled within it selfe . They have a continuall Trade into this Kingdome with five or six hundred Ships yeerly , with Merchandizes of other Countreys and Kingdomes , and store them up in store-hous●…s here untill the prices rise to their mindes , and we trade not with fif●… ships into their Countrey in a yeare , and 〈◊〉 said number are about thi●… R●… every 〈◊〉 winde for the most ●…rt to lade Coales and other 〈◊〉 . Unlesse there be a scarcity 〈◊〉 dearth , or high prices , all Merchants doe forbeare that place wh●…re great impositions are laid upon the Merchandize , and those places slenderly shipp●…d , ill serv●…d and at deer ra es , and oftentimes in scarci●…y , and want imployment for the people ; and those petty States finding truly by experience that small duti●… imposed upon M●…rchandize draw●…th all Trafficke unto them , and free liberty for strangers to buy and sell doth make continua'l Mart ; therefore what Excizes or Impositions are laid upon the Common-people , yet they still ease , uphold and maintaine the Merchants by all possible meanes , of purpose to draw the wealth and strength of Christendom to themselves ; whereby it appeareth though the duties be but small , yet the customes for going out and comming in doth so abound , that they increase their Revenues greatly , and make profit , plenty , and imployment of all sorts by Sea and Land to serve 〈◊〉 and other Nations , as is admirable to behold : And likewise the great commerce which groweth by the s●…me meanes , inableth the common people to bear their burthen laid upon them , and yet they grow rich by reason of the great commerce and Trade , occasioned by their convenient priviledges , and commodious consti●…utions . There was an intercourse of Traffick , in Genoa , and there was the flower of commerce , as appeareth by their antient Records , and their sumptuous buildings , for all Nations traded with Merchandize to them , and there was the store-house of all Italy and other places ; but after they had set a great custome of xvi . per cent . all Nations left trading with them , which made them give themselves wholly to usury , and at this day wee have not three ships go●… there in a yeare : but to the contrary , the Duke of Florence builded Ligorn , and set small custome upon Merchandize , and gave them great and pleasing priviledges , which hath made a rich and strong City with a florishing State . Furthermore touching some particulars needfull to be considered , of the mighty huge fishing that ever cou'd be heard of in the world , is upon the coasts of England , Scotland , and Ireland ; but the great Fishery is in the Low-Countries , and other petty States , wherewith they serve themselves and all Christendome , as shall appear . In four Towns in the East Kingdoms within the Sound , Quinsbrough , Elbing , Statten , and Dausick , there is carried and vented in a yeere , between thirty or forty thousand Last of Herrings sold but at fifteen or sixteen pounds the Last , is about 620000. l. and we none . Besides , Denmark , Norway , Sweathen , Leifland , Rie , Nevill , the Narve , and other Port Townes within the Sound , there is carried and vented above 10000. Lasts of Herrings sold at fifteen or sixteen pounds the Last , is 170000. pounds ; more yeerly in such request are our Herrings there , that they are oftentimes sold for 20. 24. 30. and 36. pound the Last , and we send not one barrell into all those East Countreys . The Hollanders sent into Russia neare fifteen hundred Lasts of Herrings , sold about thirty shillings the barrell , amounteth to 27000. pound , and we but about twenty or thirty Lasts . To Stoade , Hambrough , Breame , and Embden upon the River of Elve , Weaser , and Embs , is carried and vented of Fish and Herrings about 6000. Lasts , sold about fifteen or sixteen pound the Last , is 100000 l. and wee none . Cleaveland , Gulickland , up the River of Rhine to Cullen , Frankford , or the Maine , and so over all Germany is carried and vented of Fish and Herrings neare 22000. Lasts , sold at twenty pound the Last , is 440000. l. and we none . Up the River of M z●… , Leigh , Mastrith , Vendlow , Sutphin , Deventer , Campen , Swoole , and all over Lukeland is carried and-vented 7000. Lasts of Herrings , sold at twenty pound the Last is 140000 pound , and wee none . To Gelderland , Artois , Henault , Brabant , Flanders , up the River of Antwe●…p , all over the Arch Dukes Countreys , is carried and vented between eight or nine thousand Lasts sold at eighteen pound the Last is 171000 l. and we none . The Hollanders and others carried of all sorts of Herrings to Roane only in one yeere , 〈◊〉 all other parts of France , 50000. Lasts of Herrings sold at twenty pound the Last , is 100000 l. and wee not one hundred Last thither : they are sold often times there for twenty , and four and twenty , and thirty pou●…d the Last . Between Christmass and Lent , the duties for Fish and Herrings came to 15000 Crownes at Roane only that y●…re , the la●… Q●…n 〈◊〉 ; Sir Thomas Parrie was Agent there then , and S. Savors his man knowes it to be true , who handled the businesse for pulling down the Impositions then , what great summes of money came to all in the Port Townes to inrich the French Kings Coffers , and to all the Kings and States throughout Christendome to inrich their Coffers ; besides the great quantity vented to the Straights , and the multitude spent in the Low-Countries , where there is likewise sold for many a hundred thousand pou●…d more yeerly , is necessary to be remembred ; and the stream to be turned to the good of this Kingdom , to whose Sea coasts God onely hath sent and given these great blessings and multitude of riches for us to t●…ke , howsoev●…r it bath been neglected to the hurt of this Kingdome , that any Nation should carry away out of this Kingdome yearely great 〈◊〉 of money for Fis●… taken in our Seas , and sold againe by them to us , which must needs be a great dishonor to our Nation , and hindrance to this Realm . From any Port Towne of any Kingdome within Christendome , the Bridgemaster or the Wharemaster for twenty sh●…llings a yeare will deliver a tr●…e Note of the number of L●…sts of Herrings brought to their Wharfes , and their pric●…s commonly they are sold at , but the number brought to D●…nske , Cullen , Rotterdam , and ●…sen is so great , as it will cost three , four , or five pound for a true Note . The abundance of Corne groweth in the East Kingdomes , but the great Store-houses for graine to serve Christendome and the Heathen Countries in time of dearth , is in the Low-Countreyes , wherewith upon every occasion of scarcity and dearth th●…y doe inrich themselves seven yeares after , imploy their people and get great fraights for their Ships in other Countries , and we not one in that course . The mighty Vineyards and store of Salt is in France and Spaine ; but the great Vintage and Staple of Salt is in the Low-Countreyes , and they send neare one thousand saile of ships with Salt and Wine onely into the East Kingdomes yearly , besides other places , and we not one in that course . The exceeding Groves of Wood are in the East Kingdomes , but the huge piles of Wainscot , Clapboard , Firdeale , Masts , and Timber is in the Low-Countreyes , where none groweth , wherewith they serve themselves , and other parts , and this Kingdome with those Commodities ; they have five or six hundred great long ships continually using that Trade , and we none in that course . The Wool , Cloath , Lead , Tin , and divers other Commodities are in England , but by meanes of our Wool and Cloath going out ruff , undrest , and undied , there is an exceeding manufactory and 〈◊〉 in the Low-Countreys , wherewith they serve themselves , and other N●…tions , and advanceth greatly the imployment of their people at home , and 〈◊〉 abroad , and puts downe ours in forrain parts , where our M●…rchants trade unto , with our own Commodities . We send into the E●…st Kingdomes yeerly but one hundred sh●…ps , and our Trade chie●…ly dependeth upon three Towns , E●…binge , Kingsborough , and Danske , for making our Sails , and buying their Commodities sent into this Realme at dear rates , which this Kingdome bears the burthen of . The Low-Countreyes send into the East Kingdomes yeerly about three thousand ships , trading into every City and Port Town , taking the advantage , and venting their Commodities to exceeding profit , and buying and lading their ships with plenty of those Commodities , which they have from every of those Townes 20. per cent . better cheap then we by reason of the 〈◊〉 of the Coyne , and their fish yeelds ready money , which greatly advanceth their Traffick , and dec●…yeth ours . They send into France , Spaine , Portugall , Italy , from the East Kingdomes that passeth through the Sound , and through your narrow Seas , yearly of the East Countrey commodities about two thousand ships , and wee none in that course . They trade into all Cities , and Port Towns in France , and we chiefly to five or six . They traffick into every City and Port Town round about this Land , with five or six hundred ships yearly , and we chiefly but to three Townes in their Countrey , and but with forty ships . Notwithstanding the Low-Countryes have as many ships and vessells as 〈◊〉 〈◊〉 of Christen●…om h●…ve , let E●…gland be o●… , and build 〈◊〉 yeere neer one thousand ship●… , and not a timber tree growing in their owne Countrey , and that also all their home-bred commodities that grow in their Land in a yeere , ( 〈◊〉 then one hundred good ships are able to carry them away at one time , ) yet they handle the matter so for setting them all on worke , that th●…ir Traffick with the Haunce Towns exc●…ds in shipping all Christendom . We have all things of our owne in superabundance to increase Traffick , and Timber to build ships , and commodities of our owne to lade about one thousand ships and 〈◊〉 at one time , ( besides the great fishing ) and as fast as they have made their voyages might re-lade againe , and so yeare after yeare all the year long to continu●… , yet our Ships and Marriners d●…cline , and Traffick and Merchants daily decay . The main●… bulke and Mass of 〈◊〉 from whence they raise so many mi●…lions yearly that inrich other Kingdomes , Kings and States Coffers , and lik●…ise th●…ir owne people , proceedeth from your S●…s and Lands , and the return of the Commodities and Coyne they bring home in exchange of fish and other Commodities are so huge , as would require a large 〈◊〉 apart ; all the amends they make us is , they beat us out of Trade in all parts with our own Commodities . For instance , we had a great T●…e in Russia 〈◊〉 〈◊〉 . and about 〈◊〉 〈◊〉 p●…st we s●…nt st●… of 〈◊〉 sh●…ps to trade in those p●…s , and 〈◊〉 〈◊〉 p●…st we s●…t o●…●…t f●… and this last yeare two or three ; 〈◊〉 to the contrary the 〈◊〉 about twenty years 〈◊〉 traded 〈◊〉 with two ships on●…ly , yet now they are increas●…d to about thirty or forty , and one of their ships is as great as two of ours , and at the same time ( in their troubles there ) that we decreased , they increased , and the chiefest Commodities they carry with them thither , is , English Cloath , Herrings taken in our Seas , English Lead and Pewter made of our Tin , besides other Commodities ; all which wee may doe better then they . And although it be a cheap Countrey , and the Trade very gainfull , yet we have almost brought it to nought , by 〈◊〉 trading , joynt-stock , and the Merchants banding themselves one ag●…nst ●…r . A●…●…o 〈◊〉 s●… w●… us●…d to have 8. or 9. 〈◊〉 s●…s 〈◊〉 〈◊〉 〈◊〉 a f●…sh n●… to Wa●… us●… , and this yeare but one , and so per rato●…y 〈◊〉 in all kinde of ●…shing and marchandizing in all 〈◊〉 by r●…ason they spare no cost , 〈◊〉 ny no priviledges that may 〈◊〉 〈◊〉 of trad●… & 〈◊〉 . Now if it please , and with your Majesties good liking stand , TO take notice of these things , which I have conceived to bee fit for your Majesties consideration , which in all humblenesse ( as duty bindeth me ) I doe tender unto your Majestie , for the unfained zeale I bear to the advancement of your honour and profit , and the generall good of your Subjects , it being apparent that no three Kingdomes in Christendome can compare with your Majesty for support of Traffick , and continually imployment of your people within themselves , having so many great meanes both by Sea and Land to inrich your Coffers , multiply your Navie , inlarge your Traffick , make your Kingdomes powerfull , and your people rich ; yet through idlenesse they are poore , wanting imployment , many of your Land and Coast Townes much ruinated , and your Kingdome in need of Coyn , your Shipping , Traffick , and Marriners decayed , whilest your Majesties Neighbour Princes , without these meanes , abound in wealth , inlarge their Townes , increase their Shipping , Traffick , and Marriners , and finde out such imployment for their people , that they are all advantagious to their Common-wealth , onely by ordaining commodious constitutions in Merchandizing , and fulnesse of Trade in Manufactory . God 〈◊〉 blest your M●…jesty with incomparable benefits : AS with Copper , Lead , Iron , Tin , Alum Copperas , 〈◊〉 , F●…lls , and divers other native Commodities , to the numb●…r of about one hundred , ●…d other 〈◊〉 vendible to the 〈◊〉 of about one thousand , ( as shall 〈◊〉 ) besides Corne , whereof gr●…at quantity of B●… is made , and most 〈◊〉 by strangers , as also Wool , whereof 〈◊〉 is 〈◊〉 forth 〈◊〉 into 〈◊〉 loath or 〈◊〉 , and Cloath 〈◊〉 undr●…st and undied , which doth imploy a●…d 〈◊〉 n●…r fif●…y 〈◊〉 〈◊〉 in 〈◊〉 parts your 〈◊〉 〈◊〉 wanting th●… 〈◊〉 in England , many of them 〈◊〉 inforced to live in great want , and s●…k it beyond the Seas . Col●…s which doth imploy hundreds of 〈◊〉 ships yearly to 〈◊〉 them out of this King●…me , whilest we doe not imploy 〈◊〉 ships in that 〈◊〉 . I on 〈◊〉 , which is a jewell of great 〈◊〉 , far mo●…e than it is accounted , by reason that no other Countrey could ever attaine unto it , although they have 〈◊〉 it with great charge . Your Majesty hath timber of your owne for 〈◊〉 of Sh●…ps , and 〈◊〉 plenty to lad●… th●…m , which 〈◊〉 other 〈◊〉 want , yet your 〈◊〉 〈◊〉 〈◊〉 in Shipping , 〈◊〉 , and Marriners . These Inconveniences happen by three causes especially . 1. The unprofitable course of merchandizing . 2. The want of course of full Manufactory of our home-bred commodities . 3. The undervaluing of our Coynes , contrary to the rules of other Nations . For instance . THe Merchant Adventurers by overtading upon credit , or with money taken up upon exchange , whereby they lose usually ten or twelve , and sometimes fifteen or sixteen per cent . are inforced to make sale of their cloaths at under-rates , to keep their credit , whereby cloaths being the jewell of the Land , is undervalued , and the Marchant in short time eaten out . The Merchants of Ipswich whose Trade for E●…ing is c●…fly 〈◊〉 fine cloaths , and som●… few 〈◊〉 c●…ths all died and drest within 〈◊〉 〈◊〉 , do for the most part , buy their fine cloaths upon Time , and by r●…on they go so much upon cred●… , th●…y are inforced ( not being able to stand upon their Markets ) to sell , givi●…g fifteene or eighteene Moneths day of payment for their cloaths . ●…d having sold them , they then pr●…sently sell their bills so taken for c●… , allowing after the rate of 〈◊〉 or fifteen , and somtimes twenty per cent . which money they imploy forth with in wares at 〈◊〉 prices , and lose as much more that way by that time their wares be sold at hom●… : Thus by over-running themselves up●… credit , they disable 〈◊〉 and others , inhancing the prices of forraign 〈◊〉 , and pu●…ling down the rates of our owne . The West C●…untry M 〈◊〉 that trade with cloaths into 〈◊〉 ●…r Sp●…n , do usual y imploy th 〈◊〉 〈◊〉 , ( you●…g men of sm●…ll 〈◊〉 who 〈◊〉 cu●…ing combining of the 〈◊〉 and Sp●…nish M 〈◊〉 , are 〈◊〉 , that when all customs and charges be accompted , their Masters shall hardly 〈◊〉 t●… 〈◊〉 moneys . As for 〈◊〉 out of France , th●…r silver and gold is so 〈◊〉 rate●… , that ou●… M 〈◊〉 c●…t 〈◊〉 it home . 〈◊〉 to great loss●… ; therefore the ●…nch Merchants set higher rates upon their commodities , which we must either buy deare , or let our mo●…s lie dead there a long tim●… , u●…ill we may 〈◊〉 imploy the same . The 〈◊〉 Merchants of York , Hull and Newcastle , trade onely in white K●…s and 〈◊〉 , dozz●…ns , and 〈◊〉 M 〈◊〉 be his Adventure 〈◊〉 so sm●…l , doth for the most part , send over an 〈◊〉 y●…h unfit for 〈◊〉 z●…g , which br●…ngeth to th●… 〈◊〉 great 〈◊〉 ; but to his 〈◊〉 and common 〈◊〉 great 〈◊〉 ; for they 〈◊〉 their goods be 〈◊〉 , go to 〈◊〉 str●…r , and ●…uy such 〈◊〉 of Iron ●…ax , Co●… , 〈◊〉 other 〈◊〉 , as they 〈◊〉 bound to 〈◊〉 th●…i ships 〈◊〉 , which ships 〈◊〉 〈◊〉 〈◊〉 to relade within th●… w●…s , or a moneth , and do give 〈◊〉 〈◊〉 the Merchant 〈◊〉 asketh , because he gives them credit , and lets them ship away their Iron , Flax , and other commodities , before they have sold their Kersies , and other commodities , by which meanes extraordinary deere commodities are returned into this Realme , and the servant also inforced to s●…ll his cloaths underfoot , and often times to losse , to keep his c●…dit , and to make payment for the goods before shipped home , having so●… twenty day●…s , or a moneths respite to sell the cloaths , and to give the Merchant satisfaction for his I●…on , Flax , and other wares ; by which extremities our homebred commodities are abased . Touching Manufactory . THere hath been about fourscore thousand undrest and undied cloaths yearly transported . It is therefore evident , that the Kingdome hath been yeerly deprived of about 400000 l. within this five and fifty years , which is near twenty millions that would have been gained by the labour of poor workmen in that time , with the Merchants gains for bringing in dying stuffs , and return of cloaths drest and died , with other benefits to the Realme , besides exceeding inlarging of Trafficke , and increase of Ships and Marriners . There would have been gained in that time about three millions by increase of custome upon commodities returned for cloaths drest and died , and for dying stuffs , which would have more plentifully been brought in and used for the same . There hath been also transported in that time yearly by Bayse , Northerne and Devonshire Kersies white , about 50000 cloaths , counting three 〈◊〉 to a cloath , whereby h●…h b●…n lost about five millio●…s by those s●…s of 〈◊〉 in 〈◊〉 time , which w●…uld have com●… to 〈◊〉 workmen for 〈◊〉 ●…ur , with the customes for dying stuff and the peoples profit f●…r bringing them in , with 〈◊〉 of other 〈◊〉 and fraights for shiping . B●…yse are transported white into Amsterdam , and being there drest and died , are shipped into Spain , Portugal , and other Kingdomes , where they are sold in the name of Flemish Baize , setting their owne Town Seale upon them , so that we lose the very name of our home-bred commodities , and other Countreys get the r●…putation and profit there of : Lamentable it is , that 〈◊〉 〈◊〉 ●…ld be deprived of so 〈◊〉 Millions , and 〈◊〉 〈◊〉 of c●…th 〈◊〉 of God 〈◊〉 〈◊〉 naturall 〈◊〉 , 〈◊〉 so 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , should be driven ●…o 〈◊〉 s●…ll advantage of 〈◊〉 and profit to your 〈◊〉 and people and so much impr●…v d and 〈◊〉 by strangers , considering that God hath in●…d , and 〈◊〉 your M●…sty power to advance 〈◊〉 and dying , and transporting of 〈◊〉 your cloaths , within a yeare or two ; I speake it knowingly , to shew how it may be done 〈◊〉 , lawfully and approved to be honourable , s●…asable , and profitable . All the Companies of your Land transport their cloaths drest and died , to the good of your Kingdome , except the Merchant Adventurers , whereby the Eastland and Turkey Merchants , with other Companies , do increase your Majesties customes by bringing in , and spending dying stuffs , and setting your people on worke , by dressing before they transport them ; and they might increase far more custome to your Majesty , and make much more profit to themselves , and this Realme , and set many thousands of poore people more on worke for dressing and dying , and likewise imploy more ships and Marriners , for bringing in dying stuffs , were it not for the Merchant Adventurers , who transport their cloaths white , rough , undrest , and undied , into the Low-Countreys , where they sell them to the strangers , who afterwards dresse , die , and stretch them to such unreasonable lengths , contrary to our Law , that they prevent and fore stall our Markets , and crosse the just prohibitions of our State and Realme , by their Agents and Factors lying in divers places with 〈◊〉 cloaths , to the great decay of this Kingdome in generall , and discredit of our cloaths in particular . If the accompt were truly known , it would be found that they make not cleare profit , onely by cloath transported rough , undrest , and undied , sixty thousand pounds a yeare : But it is most apparant your Majesty in your customes , your Merchants in their sales and prices , your Subjects in their labours , for lack of not dressing and dying , your Ships and Marriners in not bringing in of dying stusfs , and spending of Allum , is hindred yearly neer a million of pounds , so that trade is driven to the great hindrance of your Majesty and people , by permiting your native commodities to passe rough , undrest , and undied , by the Merchant Adventurer . Touching Fishing . THe great Sea businesse of Fishing doth imploy neare twenty thousand ships , and vessells , and four hundred thousand people are imployed yearly upon your Coast of England , Scotland , and Ireland , with sixty ships of War , which may prove dangerous . The Hollanders onely have about three thousand ships to fish withall , and fifty thousand people are imployed yearly by them upon your Majesties coasts of England , Scotland , and Ireland . These three thousand fishing ships and vessels of the Hollanders , doth imploy near nine thousand other ships and vessels , and one hundred and fifty thousand persons more by Sea and Land to make provision to dress and transport the Fish they take , and returne commodities , whereby they are inabled , and do build yeerly one thousand ships and vessells , having not one timber tree growing in their owne Countrey , nor home-bred commodities to lade one hundred ships , and yet they have twenty thousand ships and vessells , and all imployed . King Henry the seventh , desirous to make his Kingdomes powerfull and rich by increase of Ships and Mar●…ners , and imployment of his people , sent unto his Sea-coast Townes , moving them to set up the great and rich fishing , with promise to give them needfull priviledges , and to furnish them with loanes of money , if need were , to incourage them , yet his people were slack . Now since I have traced this businesse , and made mine indeavours knowne unto your Majesty , your Noblemen , able Merchants , and others , ( who having set down under their hands for more assurance ) promised to disburse large sums of money for the building up of this great and rich large Sea-City , which will increase more strength to your Land , give more comfort , and doe more good to all your Cities and Townes , than all the Companies of your Kingdome , having fit and needfull priviledges for the upholding and strengthning of so weighty and needfull a businesse . For example , twenty Busses built and put into a Sea-coast Towne where there is not one ship before there must be to carry , re-carry , transport , and make provision for one Busse three ships ; likewise every ship setting on worke thirty severall trades and occupations , and foure hundred thousand persons by Sea and Land , insomuch as three hundred persons are not able to make one Fleet of Nets in foure moneths for one Busse , which is no small imployment . Thus by twenty Busses are set on work near eight thousand persons by Sea and Land , and an increase of above one thousand Marriners , and a Fleet of eighty saile of Ships to b●…long to one Towne , where none were before to take the wealth out of the Sea to inrich and strengthen the Land , only by raising of twenty Busses . ●…en what good one thousand , or two thousand will doe , I leave to your Majesties consideration . It is worthy to be noted , how necessary Fishermen are to the Common-wealth , and how needfull to be advanced and cherished , viz. 1. For taking Gods blessing out of the Sea to inrich the Realm , which otherwise we lose . 2. For setting the people on worke . 3. For making plenty and cheapnesse in the Realm . 4. For increasing of shipping , to make the Land powerfull . 5. For a continuall Nurcery for breeding and increasing our M●…riners . 6. For making imployment of all sorts of people , as blinde , lame , and others by Sea and Land from ten or twelve years upwards . 7. For inriching your Majesties Coff●…rs , for Merchandizes returned from other Countreyes for Fish and 〈◊〉 . 8. For the increase and inabling of Merchants , which now dr●…p and daily decay . Touching the Coyne . FOr the most part , all Monarchies and free States , both Heathen and Christian , as Turkey Barbery , France , Poland , and others , do hold for a rule of never-failing profit , to keep their Coyne at higher rates within their own Territories , than it is in other Kingdomes . The Causes . 1. To preserve the Coyne within their owne Territories . 2. To bring unto themselves the Coyne of Forraigne Princes . 3. To inforce Merchant strangers to take their commodities at high rates , which this Kingdom beares the burthen of . For instance . THe King of Barbafy perceiving the Trade of Christian Merchants to increase in his Kingdome , and that the returnes out of his Kingdomes was most in Gold , whereby it was much inhanced , raised his Ducket ( being then currant for three ounces ) to fo●…e , five , and six ounces ; neverthelesse it was no more worth in England , being so raised , then when it went for three ounces . This Ducket currant for three ounces in Barbery , was then worth in England seven shillings and six pence , and no more worth , being raised to six ounces , since which ( time adding to it a small piece of gold ) hee hath raised it to eight , and lastly to ten ounces , yet at this day it is worth but ten shillings , and one penny , notwithstanding your Majesties late raising of your gold . Having thus raised his gold , he then devised to have plenty of silver brought into his Kingdome , raised the royall of eight , being but two ounces to three , and three pence h●…lf penny , which caused great plenty of silver to be brought in , and to continue in his Kingdom . France . THe English Jacobus goeth for three and twenty shillings in Merchandizing . The French Crowne for seven shillings and six pence . Also the King hath raised his silver foure Sowce in the Crowne . North-Holland . THe double Jacobus goeth for three and twenty shillings Sterling . The English shilling is there eleven stivers , which is two shillings over in the pound . Poland . THe King of Poland raised his Hungary Ducket from 56 to 77½ Polinsh groshes , and the Rich Dollor from 36 to 47 and ½ groshes , the Reich Dollor worth in Poland 47 and ½ groshes , is by account valued at 6 s. 4 d. Sterling , and here in England is worth but 4 s. 7 d. The Hungary Ducket 77 is worth by account in Poland 10 s. 4 d. and in England is worth but 7 s. 10 d The Jacobus of England here currant for 22 s. in Poland 24 s. at the rate of 7 s. 10 d. for the Hungary Ducket . Now to turne the stream and riches raised by your Majesties native commodities into the naturall channell , from whence it hath been a long time diverted ; May it please your Majesty to consider these points following . 1. VVHether it bee not fit that a State-Merchant be setled within your Dominions , which may both dispose more profitably of the riches thereof , and incounter pollicies of Merchant strangers , who now go beyond us in all kinde of profitable Merchandizing . 2. Whether it be not necessary that your native commodities should receive their full Manufactory by your Subjects within your Dominions . 3. Whether it be not fit the coales should yeeld your Majesty and Subjects a better value , by permitting them to pasle out of the Land , and that they be in your Subjects shipping only transported . 4. Whether it be not fit your Majesty presently raise your Coyne to as high rates , as it is in the parts beyond the Seas . 5. Whether it be not necessary that the great Sea-business of Fishing be forthwith set forward . If it please your M●…jesty to approve of these considerations , and accordingly to put them in a right course of execution , I assure my selfe ( by Gods help ) in short time your Majesties Customes , and the continuall commings into your Coffers , will be exceedingly increased , your Ships and Marriners trebled , your Land and waste Townes ( which are now run out of Gates ) better replenished , and your people imployed , to the great inriching and honour of your Kingdome , with the applause , and to the comfort of all your loyall Subjects . May it please your Majesty . I Have the rather undergone the paines to looke into their pollicies , because I have heard them professe they hoped to get the whole trade and Shipping of Christendome into their owne hands , as well for transportation , as otherwise for the command and master of the Seas , to which end I finde that they do daily increase their traffick , augmenting their Shipping , multiplying their Marriners , strength , and wealth in all kindes , whereat I have grieved the more , when I considered how God hath in●…ed this Kingdome above any three Kingdomes in Christendom with divers varieties of home-bred commodities , which others have not , and cannot want , and indued us with su●…dry other meanes to continue and maintaine trade of Me●…andizing and Fishing beyond them all , whereby we might prevent the deceivers , ingrosse the commodities of the ingrossers , inrich our felves , and increase our Navigation , Shipping , and Marriners , so as it would make all Nations to vaile the Bonnet to England , if we would not be still wanting to our selves in imployment of our people . Which people being divided into three parts , two parts of them are meere spenders and consumers of a Common-wealth , therefore I aime at these points following . To allure and incourage the people for their private gaine , to be all workers and erecters of a Common-wealth , To inrich and fill your Majesties Coffers by a continuall comming in , and make your people wealthy , by meanes of their great and profitable trading and imployment . To vent our home-bred commodities to farre more reputation , and much more profit to the King , the Merchant , and the Kingdome . To returne the Merchandizes of other Countries at farre cheaper rates than now they are , to the great good of the Realme in generall . To make the Land powerfull by increasing of Ships and Marriners . To make your peoples takings in generall to be much mo●… every day , than now they are , which by Gods help , will grow continually more and more by the great concourse and commerce that will come by setled 〈◊〉 and convenient priviledges , as in other p●…ts they doe by this their great freedome of Trade . All this , and much more is done in other 〈◊〉 , where no hing grow●…th , so that of nothing they make great things , Then how much more mighty things might we make , where so great abundance , and variety of home bred commodities , and rich materialls growes , for your people to worke upon , and other plentifull means to doe that withall , which other Nations neither have , nor cannot want , but of necessity must be furnished from hence ? And now whereas our meichandizing is wild , utterly confused , and out of frame , as at large appeareth , a State-Merchant will roundly and 〈◊〉 bring all the premises to 〈◊〉 , fill your H●…vens with ships , those ships with Marriners , your Kingdom fu'l of Merchants , their 〈◊〉 f●…ll of out landish commodities , and your Coff rs full of coyne , as in other parts th●…y doe , and your 〈◊〉 shall have just cause to hold 〈◊〉 happy memory , that your Majesty was the 〈◊〉 of so profitable , praise-worthy , and renowned a worke , being the true Philosophers stone to make your Majesty a rich and potent King , and your Subjects happy people , onely by setling of a State-Merchant , whereby your people may have fulnesse of Trade and Manufactory , and yet hold both honourable and profitable Government without breakings of Companies . And for that in the setling of so weighty a businesse many things of great consequence m●…st necessarily fall into consideration ; I humbly pray that your M●…jesty may be pleased ( for the bringing of this great service to light ) to give me leave to nominate the Commissioners , and your Majesty to give them power to call before them such men as they shall thinke fit to conferre with upon oath , or otherwise , as occasion shall offer ; that the said Commissioners with all speed , for the better advancement of this honourable and profitable work , may prepare , and report the same unto your Majesty . Your Majesties most loyall and true-hearted Subject . THE SEAT OF GOVERNMENT . That the Seat of Government is upheld by the two great pillars thereof , viz. Civill Justice , and Martiall Policy , which are framed out of Husbandry , Merchandize , and Gentry of this Kingdome . THey say , that the goodliest Cedars which grow on the high mountains of Libanus , thrust their roots between the clifts of hard rocks , the better to beare themselves against the strong storms that blow there . As Nature hath instructed those Kings of Trees , so hath Reason taught the Kings of Men to root themselves in the hardy hearts of their faithfull Subjects . And as those Kings of Trees have large Tops , so have the Kings of men large Crowns , whereof as the first would be soone broken from their bodies , were they not under-borne by many branches , so would the other easily totter , were they not fastened on their heads , wi●…h the strong chaines of Civill Justice , and Martiall Discipline . 1. For the administration of the first , even God himselfe hath given direction , Judges and Officers shalt thou make , which shall judge the people with righteous judgment . 3. The second is grounded on the first Lawes of the World and Nature , that force is to be repelled by fo●…ce . Yea Moses in the 20. of Exodus , and elsewhere , hath delivered us many Law●…s and Polices of Warre . But as we have heard of the neglect and abuse in both , so have we heard of the decline and r●…ine of many Kingdoms and States long before our day●…s ; for that Policy hath never yet prevailed ( though it hath served for a short season ) where the counterfeit hath been sold for the naturall , and the outward shew and formality for the substance . Of the Emperor Cha●…les the Fourth , the Writers of that Age witnesse , that he used but the name of Justice and good order , being more learned in the Law , than in doing right , and that hee had by farre , more knowledge than conscience . Certainly the unjust Magistrate that fancieth to himselfe a sollid and untransparable body of Go●…d , every ordinary wit can vitrifie , and make transparant pierce , and discern their corruptions ; howsoever , because not daring , they cover their knowledge , but in the meane while it is also true , that constrained dissimulation , either in the proud heart , or in the oppressed , either in publike estates , or in private persons , where the fear of God is not prevalent , doth in all the leisure of her lurking , but sharpen her teeth , the voluntary being no lesse base , than the forced malitious . Thus it fared between the Barons of England , and their Kings , betweene the Lords of Switzerland , and their people , betweene the Sicilians , and the French , betweene the Dolphine and John of Burgoign , between Charles the ninth , and the French Protestants , and between Henry the third , his Successor , and the Lords of Guise ; and hereof in place of more particulars , the whole world may serve for examples . It is a difficult piece of Geography , to delineate , and lay out the bounds of Authority ; but it is easie enough to conceive the best use of it , and by which it hath maintained : it selfe in lasting happinesse , it hath ever acquired more honour by perswading , than by beating ; for as the bonds of Reason and Love are immortall , so do all other chains or cords , both rusty and rot noble parts of their owne royall and politick bodies . But we will forbeare for a while to stretch this first string of Civill Justice ; for in respect of the first sort of men , to wit , of those that live by their owne labour , they have never been displeased where they have beene suffered to injoy the fruit of their owne travells , Meum & Tuum , Mine and Thine is all wherein they seek the certainty and protection . True it is , that they are the Fruit . Trees of the Land , which God in Deuteronomie commanded to be spared , they gather honey , and hardly injoy the wax , and breake the ground with great labour , giving the best of their graine to the easefull and idle . For the second sort , which are the Merchants , as the first feed the Kingdome , so do these inrich it , yea their Trades , especially those which are forcible , are not the least part of our Martiall policy , as hereafter proved ; and to do them right , they have in all ages and times assisted the Kings of this Land , not only with great sums of money , but with great Fleets of Ships in all their interprises beyond the Seas . The second have seldome or never offended their Princes , to enjoy their trades at home upon tolerable conditions , hath ever contented them for the injuries received from other Nations give them but the Commission of Reprisall , they will either right themselves , or sit downe with their own losse without complaint . 3. The third sort , which are the Gentry of England , these being neither seated in the low●…st grounds , and thereby subject to the biting of every beast , nor in the highest mountaines , and thereby in danger to bee ●…orne with tempest ; but the valleyes between both , have their parts in the inferiour Justice , and being spread over all , are the Garrisons of good order throughout the Realm . OBSERVATIONS Concerning The Causes of the Magnificency and Opulency of CITIES . THat the onely way to civillize and reforme the savage and barbarous Lives , and corrupt Manners of such people , is , 1. To be dealt withall by gentle and loving conversation among them , to attaine to the knowledge of their Language , and of the multitude of their speciall discommodities , and inconveniences in their manner of living . 2. The next is to get an admired reputation amongst them , upon a solid and true foundation of Piety , Justice , and Wisdome , conjoyned with fortitude and power . 3. The third is , discreetly to possesse them with a knowledge of the condition of their owne estate . Thus Orpheus , and Amphion were said to draw after them the beasts of the field , &c. And this must be first wrought by a visible representation of the certainty , truth , and sincerity of these , together with the felicity of a reformed estate . All which is but to give foundation , bottom , and firm footing unto action , and to prepare them to receive wholesome and good advice , for the future profit and felicity of themselves and their posterity . For the more commodious effecting of this Reformation in a rude and barbarous people , they are to be perswaded to withdraw and unite themselves into severall Colonies ; that by an interchangeable communication and commerce of all things may more commodiously be had , and that they may so live together in civility , for the better succour and welfare of one another : And thereby they may more easily be instructed in the Christian Faith , and governed under the Magistrates and Ministers of the King , or other superiour power , under whom this Reformation is sought ; which course the Stoick tells , that Thesius took , after he had taken upon him the Government of the Athenians , whereby he united all the p ●…ple into one City , that before lived dispersedly in many villages . The like is put in practice at this day by the Portugalls , and Jesuits , that they may with lesse difficulty and hindrance reform the rough behaviour and savage life of the people of Brazeel , who dwell scattered and dispersed in Caves and Cottages made of boughs and leaves of the Palm-trees . Alexander the Great , built more than seventy Cities ; Seleucus built three Cities , called Appanice , to the honour of his wife ; and five called Laodicea , in memory of his mother ; and five called 〈◊〉 , to the honor of himself . Safety for Defence of the People and their goods , in and near the Towne . IN the situation of Cities , there is to be required a place of safty , by some naturall strength , commodiousnesse for Navigation and Conduct , for the attaining of plenty of all good things , for the sustenance and comfort of mans life , and to draw trade and intercourse of other Nations , as if the same be situate in such sort , as many people have need to repaire thither for some naturall commodity , or other of the Countrey , which by traf●…k and transportation of commodities , whereof they have more plenty then will supply their owne necessity , or for receiving of things , whereof they have scarcity . And much better will it be , if the place afford some notable commodity of it selfe , from whence other Nations may more readily , and at better rate attain the same . Likewise , and withall , be so fertile , pleasant , and healthfull of it selfe , that it may afford plenty of good things , for the delight and comfort of the 〈◊〉 . In former times , great Nations , Kings , and Potentates have indured sharp conflicts , and held it high policy , by all meanes to increase their Cities , with multitudes of inhabitants . And to this end the Romans ever furnished themselves with strength and power , to make their neighbour people , of necessity , willing to draw themselves to Rome to dwell , and overthrow their Townes and Villages of mean strength , downe to the ground . So did they for this cause utterly destroy many Cities , bringing alwayes the vanquished Captives to Rome , for the augmentation of that City . Romulus , after a mighty fight with the Sabines , condescended to peace , upon condition that Tacius their King should come withall their people to dwell at Rome : Tacius did accept , and made choice of the Capitoll , and the Mount Quitinalis for his seat and Pallace . The same course held Tamberlaine the Great , whereby he inlarged the great Sarmacauda , still bringing unto it the richest and wealthiest Citizens he had subdued . And the Ottomans , to make the City Constantinople rich and great , brought to it many thousand Families , 〈◊〉 〈◊〉 out of the 〈◊〉 Cities 〈◊〉 as 〈◊〉 〈◊〉 Great from 〈◊〉 , 〈◊〉 the First from Cairo , and So●…n from 〈◊〉 . Authority and necessity , without the consideration of the conveniences and 〈◊〉 of situation above-mentioned , are of small m●…ment in the 〈◊〉 of a City , thereby only it would be unlikely , either to grow or 〈◊〉 in magnificency or opul●…ncy ; for if profit , height , and delight , go n●… companions therewith , no authority or necessity can retain much people or wealth . But if the pl●…ce whereupon a City is to be founded , be commodious for the aforesaid conveniences , which help greatly for the felicity of this life , then no doubt , the same is likely to draw much abundance of people and riches unto the same , whereby it may , by the help of Arts and 〈◊〉 , in time become magnificent and glorious . FINIS A57589 ---- Sir Walter Raleigh's Sceptick, or speculations and Observations of the magnificency and opulency of cities, his Seat of government, and letters to the Kings Majestie, and others of qualitie : also, his demeanor before his execution. Sceptick Raleigh, Walter, Sir, 1552?-1618. This text is an enriched version of the TCP digital transcription A57589 of text R9285 in the English Short Title Catalog (Wing R186A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 90 KB of XML-encoded text transcribed from 77 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57589 Wing R186A ESTC R9285 12384195 ocm 12384195 60803 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57589) Transcribed from: (Early English Books Online ; image set 60803) Images scanned from microfilm: (Early English books, 1641-1700 ; 224:27) Sir Walter Raleigh's Sceptick, or speculations and Observations of the magnificency and opulency of cities, his Seat of government, and letters to the Kings Majestie, and others of qualitie : also, his demeanor before his execution. Sceptick Raleigh, Walter, Sir, 1552?-1618. James I, King of England, 1566-1625. [3], 150 p. : port. Printed by W. Bentley, and are to be sold by W. Shears ..., London : 1651. Reproduction of original in Columbia University Library. Contains several poems: p. 135-150. eng Raleigh, Walter, -- Sir, 1552?-1618. A57589 R9285 (Wing R186A). civilwar no Sir Walter Raleigh's sceptick, or speculations. And observations of the magnificency and opulency of cities. His Seat of government. And let Raleigh, Walter, Sir 1651 16757 7 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-06 SPi Global Keyed and coded from ProQuest page images 2002-07 Kirk Davis Sampled and proofread 2002-07 Kirk Davis Text and markup reviewed and edited 2002-08 pfs Batch review (QC) and XML conversion Tam-Marti , Quam Mercurio . The Ho. ble and learned Knight S. Walter Raleigh . Ro : Vaughan Sculp SIR WALTER RALEIGH'S SCEPTICK , OR SPECULATIONS . And OBSERVATIONS of the Magnificency and Opulency of CITIES . His SEAT of GOVERNMENT . And LETTERS to the KINGS Majestie , and others of Qualitie . Also his Demeanor before his EXECUTION . LONDON , Printed by W. Bentley , and are to be sold by W. Shears , at the sign of the Bible , over against the North door of S. Pauls . 1651. Sir Walter Raleigh's SCEPTICK . The SCEPTICK doth neither affirm , neither denie any Position : but doubteth of it , and opposeth his Reasons against that which is affirmed , or denied , to justifie his not Consenting . HIs first Reason ariseth , from the consideration of the great difference amongst living Creatures , both in the matter and manner of their Generations , and the several Constitutions of their bodies . Some living Creatures are by copulation , and some without it , and that either by Fire as Crickets in fornaces ; or corrupt water , as Gnats ; or slime , as Frogs ; or dirt , as Worms ; or herbs , as Canker-worms : some of ashes , as Beetles ; some of trees , as the Worms Psenas bred in the wild Fig-tree ; some of living creatures putrified , as Bees of Bulls , and Wasps of Horses . By Copulation many creatures are brought forth alive , as Man ; some in the egg , as Birds ; some in an unshapen piece of flesh , as Bears . These great differences cannot but cause a divers and contrary temperament , and qualitie in those creatures , and consequently , a great diversitie in their phantasie and conceit ; so that they apprehend one and the same object , yet they must do it after a divers manner ; for is it not absurd to affirm , That creatures differ so much in temperature , and yet agree in conceit concerning one and the same object ? But this will more plainly appear , if the instruments of Sence in the body be observed : for we shall find , that as these instruments are affected and disposed , so doth the Imagination conceit that which by them is connexed unto it . That very object which seemeth unto us White , unto them which have the Jaundise , seemeth Pale , and Red unto those whose Eyes are bloud-shot . For so much then as living creatures have some white , some pale , some red eyes , why should not one and the same object seem to some white , some red , to some pale ? If a man rub his eye , the figure of that which he beholdeth seemeth long , or narrow ; is it then not likely , That those creatures which have a long and slanting Pupil of the eye , as Goats , Foxes , Cats , &c. do convey the fashion of that which they behold under another form to the imagination , than those that have round Pupils do do ? Who knoweth not , that a Glass presenteth the outward object smoother , or greater , according to the making of the glass ? If it be hollow , the object seemeth smaller than it is , if the glass be crooked , then the object seemeth long and narrow . And glasses there be , which presenteth the head of him that looketh in them , downwards , & the heels upwards . Now then , seeing the eye which is the instrument of Sight , in some living creatures is more outward , in some more hollow , in some plain , in some greater , in some less ; it is very probable , that Fishes , Men , Lions , and Dogs , whose eyes so much differ , do not conceive the self same object after the same manner , but diversly , according to the diversitie of the eye ; which offereth it unto the phantasie . The same reason holdeth in Touching ; for seemeth it not absurd to think , that those creatures , which are covered with Shels , those which are covered with Scales , those which are covered with Hairs , and those which are Smooth , should all be alike sensible in Touching ? and every one of them conveigh the image , or qualitie of the same object which they touch , in the very same degree of heat or cold , of driness or moisture , roughness or smoothness unto the imagination ? So might it be shewed in Hearing , for how cā we think that the Ear , which hath a narrow passage , and the Ear , which hath an open & wide passage , do receive the same sound in the same degree ? or that the Ear ; whose inside is full of hair , doth hear in the same just measure , that the Ear doth whose inside is smooth ? Since experience sheweth , that if we stop , or half stop our Ears , the sound cometh not to us in the same manner and degree , that it doth if our ears be open ? The like may be thought of Smelling , for man himself abounding with Fleagm , is otherwise affected in smelling , than he is , if the parts about the head be full of bloud ; and many things afford a delightfull smell to some living creatures , which smel to other living creatures seemeth not to be so . In the Taste the same reason appeareth ; for to a rough and drie tongue , that very thing seemeth bitter ( as in an Ague ) which to the moister tongue seemeth not to be so . Divers creatures then having tongues drier , or moister according to their several temperatures , when they tast the same thing , must needs conceit it to be according as the instrument of their tast is affected , either bitter , or sweet , &c. For even as the hand in the striking of the Harp , though the stroak be one , yet causeth a sound , sometimes high , sometimes base , according to the qualitie of the string that is strucken . Even so one and the same outward object is diversly judged of , and conceited , according to the several and divers qualities of the instrument of Sence , which conveieth it to the imagination . Oyntment is pleasing to Man ; but Beetles and Bees cannot abide it . Oyl to man is profitable ; but it killeth Bees and Wasps . Cicuta feedeth Quails , and Henbane Sows ; but both of these hurt Man . If a Man eat Ants he is sick ; but the Bear being sick , recovereth by eating them . If then one and the very same thing to the red eye seem red , to another pale , and white to another : If one and the same thing , seem not hot or cold , drie or moist , in the same degree to the several creatures which touch it : If one and the self same sound seem more shrill to that creature which hath a narrow ear , and more base to him that hath an open ear : If the same thing , at the same time , seem to afford a pleasant and displeasant Smell to divers and several creatures : If that seem bitter in tast to one , which to another seemeth sweet , that to one hurtful , which to another seemeth healthful , I may report how these things appear divers to several creatures , and seem to produce divers effects . but what they are in their own nature , whether red or white , bitter or sweet , healthfull or hurtfull , I cannot tell . For why should I presume to profer my conceit and imagination , in affirming that a thing is thus , or thus , in its own nature , because it seemeth to me to be so , before the conceit of other living creatures , who may as well think it to be otherwise in each one nature , because it appeareth otherwise to them than it doth to me ? They are living creatures as well as I , why then should I condemn their conceit and phantasie , concerning any thing , more than they may mine ? They may be in the truth and I in errour , as well as I in truth , and they err . If my conceit must be believed before theirs , great reason that it be proved to be truer than theirs . And this proof must be either by demonstration , or without it ; without it none will believe ; Certainly , if by demonstration , then this demonstration must seem to be true , or not seem to be true ; if it seem to be true , then will it be a question , whether it be so indeed as it seemeth to be ; and to alleadge that for a certain proof , which is uncertain and questionable , seemeth absurd . If it be said , that the imagination of Man judgeth truer of the outward object , than the imagination of other living creatures doth , & therefore to be credited above others , ( besides that which is already said ) this is easily refuted by comparing of Man with other creatures . It is confessed , the Dog excelleth Man in smell , and in hearing , and whereas there is said to be a twofold discourse , one of the mind , another of the tongue , and that of the mind is said to be exercised in chusing that which is convenient , and refusing that which is hurtfull in knowledge , justice , & thankfulnes : This creature chuseth his food , refuseth the whip , fawneth on his Master , defendeth his house , revengeth himself of those strangers that hurt him . And Homer mentioneth Argus , the dog of Ulisses , who knew his master having been from home so many years , that at his return , all the people of his house had forgot him . This creature , saith Chrysippus , is not void of Logick ; for when in following any beast , he cōeth to three several ways , he smelleth to the one , & then to the second , and if he find that the beast which pursueth be not fled one of these 2 ways , he presently without smelling any further to it , taketh the third way , which , saith the same Philosopher , is as if he reasoned thus , the Beast must be gone either this , or this , or the other way ; but neither this nor this , Ergò , the third : and so away he runneth . If we consider his skill in Physick , it is sufficient to help himself ; if he be wounded with a dart , he useth the help of his Teeth to take it out , of his Tongue to cleanse the wound from corruption ; he seemeth to be well acquainted with the Precept of Hippocrates , who saith , that the Rest of the Foot is the Physick of the Foot , and therefore if his foot be hurt , he holdeth it up that it may rest ; if he be sick , he giveth himself a Vomit by eating of Grass , and recovereth himself ; the Dog then we see is plentifully furnished with inward discourse . Now outward speech is not needfull to make a creature Reasonable , else a dumb Man were an unreasonable Creature . And do not Philosophers themselves reject this as an enēie to knowledge ? & therefore they are Silea when they are instructed ; and yet even as Barbarous ans strange people of speech , but we understand it not , neither do we perceive any great difference in their words : but a difference there seemeth to be , and they do expres their thoughts and meanings one to another by those words . Evē so those creatures , which are commonly called unreasonable , do seem to parlie one with another ; and by their speech to understand one the other . Do not Birds by one kind of speech call their young ones , and by another cause them to hide themselves ? do they not by their several voices express their several passions of joy , of grief , of fear in such manner , that their fellows understand them ? Do they not by their voice foreshew things to come ? But we will return to that creature we first did instance in . The Dog delivereth one kind of voice when he hunteth , another when he howleth , another when he is beaten , and another when he is angry . These creatures then are not void of outward speech . If then these creatures excel Man in sence , & are equal to him inward & outward discourse , why should not their conceits & imaginations conveigh the outward object in as true a manner as ours ? and if so , then seeing their imaginations are divers , and they conceit it diversly according to their divers temperaments , I may tell what the outward object seemeth to me ; but what it seemeth to other creatures , or whether it be indeed that which it seemeth to me , or any other of them , I know not . But be it granted , that the Judgement of Man in this case , is to be preferred before the Judgement of Beasts ; yet in Men there is great difference ; both in respect of the outward shape , and also of the temperature of their bodies : For the bodie of the Scythian differeth in shape from the bodie of the Indian , the reason of it ariseth ( saith the Dogmatiques ) from a predominancie of humours in the one more than in the other ; and as several humours are predominant , so are the phantasies and conceits severally framed and effected . So that our countrey men delight in one thing , the Indian not in that , but in another which we regard not . This would not be , if their conceits and ours were both alike , for then we should like that which they do , and they would dislike that which we would dislike . It is evident also , that men differ very much in the temperature of their bodies , else why should some more easily digest Bief than Shel-fish ? and other be mad for the time , if they drink wine ? There was an old woman about Arbeus , which drunk three drams of Cicuta ( every dram weighing sixtie Barley corns , and eight drams to an ounce ) without hurt . Lysis , without hurt , took four drams of Poppie ; and Demophon , which was Gentleman-Sewer to Alexander , was very cold whē he stood in the sun , or in a hot bath ; but very not when he stood in the shadow . Athenagoras felt no pain if a Scorpion stung him . And the Psilli ( a people in Lybia , whose bodies are venom to serpents ) if they be stung by serpents , or Asps , receive no hurt at all . The Ethiopians , which inhabit the river Hydaspis , do eat serpents and scorpions without danger . Lothericus a Chyr●●gian , at the smell of a Sturgeon , would be for the time mad . Andron of Argos , was so little thirstie , that without want of drink , he travelled through the hot and drie countrey of Lybia . Tyberius Cesar , would see very well in the dark . Aristotle , mentioneth of Thratius , who said , that the image of a Man went always before him . If then it be so , that there be such differences in Men , this must be by reason of the divers temperatures they have , and divers disposition of their conceit and imagination ; for , if one hate , and another love the very same thing , it must be that their phantasies differ , else all would love it , or all would hate it . These Men then , may tell how these things seem to them good , or bad ; but what they are in their own Nature they cannot tell . If we will hearken to mens opinions , concerning one and the same matter , thinking thereby to come to the knowledge of it , we shall find this to be impossible ; for , either we must believe what all men say of it , or what some men onely say of it . To believe what all men say of one and the same thing , is not possible ; for then we shall believe Contrarieties ; for some men say , That that very thing is pleasant , which other say is displeasant . If it be said we must believe onely some men , then let it be shewed who those some men are ; for the Platonists will believe Plato , but the Epicures Epicurus , the Pythagorians Pythagorus and other Philosophers , the masters of their own Sects : so that it is doubtfull , to which of all these we shall give credit . If it be said , that we must credit the greatest number , this seemeth childish , for there may be amongst other Nations a greater number which denie that very point , which the greatest number with us do affirm : so that hereof nothing can certainly be affirmed . This Argument seemeth to be further confirmed , if the differences of the Sences of Hearing , Seeing , Smelling , Touching , and Tasting be considered ; for that the Sences differ , it seemeth plain . Painted Tables ( in which the art of Slanting is used ) appear to the Eye , as if the parts of them were some higher , and some lower than the other , but to the Touch they seem not to be so . Honey seemeth to the Tongue sweet , but unpleasant to the Eye : so Oyntment doth recreate the Smell , but it offendeth the Tast. Rain-water is profitable to the Eyes , but it hurteth the Lungs . We may tell then , how these things seem to our several sences , but what they are in their own nature we cannot tell : for why should not a man credit any one of his sences as well as the other ? Every object seemeth to be presented diversly unto the several instruments of Sence . An Apple to the Touch seemeth smooth , sweet to the Smell , and to the Eye yellow ; but whether the Apple have one of these qualities onely , or more than these qualities , who can tell ? The Organ hath many Pipes , all which are filled with the same blast of wind , varied according to the capacitie of the several Pipes which receive it : even so the qualitie of the Apple may be but one , and that this one qualitie may be varied , and seem yellow to the Eye , to the Touch smooth , and sweet to the Smell , by reason of the divers instruments of the Sence , which apprehend this one quality diversly , It may be also , that an Apple hath many qualities besides , but we are not able to conceive them all ; because we want fit means and instruments to apprehend them : for suppose that some Man is born blind , and deaf , and yet can touch , smell , and tast ; this man will not think that there is any thing , which may be seen or heard , because he wanteth the Sences of hearing and seeing , he will onely think there are those qualities in the object , which by reason of his three Sences he conceiveth : Even so the Apple may have many more qualities ; but we cannot come to know them , because we want fit instruments for that purpose . If it be replied , that Nature hath ordained as many instruments of Sence , as there are sencible objects ; I demand , What Natures ? for there is a confused controversie about the very Essence of Nature . Some affirming it to be one thing , others another , few agreeing : so that what the qualitie of an Apple is , or whether it hath one qualitie or many I know not . Let a man also consider , how many things that are seperated , and by themselves appear to differ from that which they seem to be , when they are in a mass or lump ; the scrapings of the Goats horn seems white , but in the horn they seem black , but in the lump white . The stone Taenarus , being polished , seemeth white , but unpolished and rough , it seemeth yellow . Sands being seperated , appear rough to the Touch , but a great heap , soft . I may then report , how these things appear , but whether they are so indeed , I know not . Sir Walter Raleigh's OBSERVATIONS Concerning the Causes of the Magnificencie and Opulencie of CITIES . THAT the onely way to civilize and reform the savage and barbarous Lives , and corrupt Manners of such people , is , 1 To be dealt withall by gentle and loving Conversation among them , to attain to the knowledge of their Language , and of the multitude of their special discommodities and inconveniences in their manner of living . 2 The next is to get an admired reputation amongst them , upon a solid and true foundation of Pietie , Justice , and wisdom , conjoyned with fortitude and power . 3 The third is , discreetly to possess them with a knowledge of the condition of their own estate . Thus Orpheus and Amphion , were said to draw after them the beasts of the field , &c. And this must be first wrought by a visible representation , of the certaintie , truth , and sinceritie of these , together with the felicitie of a reformed estate . All which is but to give foundation , bottom , and firm footing unto action , and to prepare them to receive wholesom and good advise , for the future profit and felicitie of themselves and their posteritie . For the more commodious effecting of this Reformation in a rude and barbarous people , they are to be perswaded to withdraw and unite themselves into several Colonies ; that by an interchangeable communication , and commerce of all things may more commodiously be had , and that they may so live together in civilitie , for the better succour and welfare of one another : And thereby they may more easily be instructed in the Christian Faith , and governed under the Magistrates and ministers of the King , or other superiour power , under whom this Reformation is sought ; which course the Stoick tells , that Thesius took , after he had taken upon him the Government of the Athenians , whereby he united all the people into one Citie , that before lived dispersedly in many Villages . The like is put in practice at this day by the Portugalls , and Jesuits , that they may with less difficultie and hinderance reform the rough behaviour , and savage life of the people of BraZeel , who dwell scattered & dispersed in caves and cottages made of boughs and leaves of the Palm-trees . Alexander the Great , built more than seventie Cities ; Seleucus built three Cities , called Appanice , to the honour of his wife ; and five called Laodicea , in memorie of his mother ; and five called Seleuciae , to the honour of himself . Safetie for Defence of the People and their goods , in and near the Town . IN the Scituation of Cities , there is to be required a place of Safetie , by some natural strength , commodiousness for Navigation , and Conduct , for the attaining of plentie of all good things , for the sustenance and comfort of mans life , and to draw trade and entercourse of other Nations , as if the same be scituate in such sort , as many people have need to repair thither for some natural commoditie , or other of the Countrey , which by traffick and transportation of cōmodities , whereof they have more plentie than will supplie their own necessitie , or for receiving of things whereof they have scarcitie . And much better will it be , if the place afford some notable commoditie of it self , from whence other Nations may more readily , and at better rate attain the same . Likewise , and withall , be so fertil , pleasant , and healthfull of it self , that it may afford plentie of good things , for the delight and comfort of the inhabitants . In former times , great Nations , Kings and Potentates have endured sharp conflicts , and held it high Policie , by all means to increase their Cities , with multitudes of inhabitants . And to this end the Romans ever furnished themselves with strength and power , to make their neighbour-People , of necessitie , willing to draw themselves to Rome to dwell , and overthrow their Towns and Villages of mean strength , down to the ground . So did they for this cause utterly destroy many Cities , bringing always the vanquished Captives to Rome , for the augmentation of that Citie . Romulus , after a mightie fight with the Sabynes condescended to Peace , upon condition , that Tacius their King should come with all their people to dwell at Rome : Tacius did accept and made choice of the Capitol , and the Mount Quirinalis for his seat and Pallace . The same course held Tamberlain the Great , whereby he enlarged the great Sarmacauda , still bringing unto it , the richest and wealthiest Citizens he had subdued . And the Ottomans , to make the Citie Constantinople rich and great , brought to it many thousand Families , especially Artificers out of the subdued Cities , as Mahomet the Great from Trabizond , Selim the First from Caïro , and Soliman from Tauris . Authoritie and necessitie , without the consideration of the conveniencies , and commodiousness of Scituation above mentioned , are of small moment in the foundation of a Citie , thereby onely it would be unlikely , either to grow or continue in Magnificencie or Opulencie : for if Profit , Height , and Delight , go not companions therewith , no authoritie or necessitie , can retain much People or Wealth . But if the place whereupon a Citie is to be founded , be cōmodious for the aforesaid conveniences , which help greatly for the felicitie of this life ; then , no doubt , the same is likely to draw much abundance of people and riches unto the same , whereby it may , by the help of Arts & Industrie in time , become magnificent and glorious . Unto the good estate , greatness , and glorie of a Citie , those things hereafter mentioned do greatly avail , and are of much importance , viz. Religion , which is of such force and might , to amplifie Cities and Dominions , and of such attractive virtue to replenish the same with people and wealth , and to hold them in due obedience , as none can be more ; for without adoration of some Dietie , no Common-wealth can subsist . Witness Ierusalem , Rome Constantinople , and all other cities that have been famous for the profession of Religion , or Divine worship . And no marvel , for there is not any thing in this world of more efficacie and force to allure and draw to it the hearts of Men , than God , which is the summum bonum . He is carefully desired , and continually sought for of all creatures ; for all regard Him as their last end and refuge . Light things apply themselves upwards , heavy things downwards ; the Heavens to Revolution , the Herbs to flowers , Trees to bear fruit , Beasts to present their kind , and Man in seeking his tranquilitie and everlasting glory . But forasmuch as God is of so high a nature , as the sence and understanding of Man cānot conceive it , every man directly turns himself to that place where he leaves some print of his power , or declares some sign of his assistance . And to such persons whom he seemeth more especially to have revealed himself . Academies , and Schools of Learning , with convenient immunities and priviledges for Scholars , and means for Recreation for Delight , are of great importance to enlarge and enrich a citie : forasmuch as men long for honour and profit , and of Arts and liberal sciences some bring certain wealth to men , and some promotions and preferments to honourable functions : for by this means , not onely young men , and those that are desirous of Learning and Virtue in the same Common-wealth , will be retained in their own Countrey ; but also strangers will be drawn home to them . And the more will this be available if occasion be given to Scholars and students , to rise to degrees of Honour and preferment by their learned exercises , and that by the Policie of the same citie , good Wits be accounted of , and rewarded well : and that the same Academies & Schools be stored with plentie of Doctours and learned men , of great fame and reputation . Courts of Justice , with due execution of the same in a citie , do much enable , enlarge , and enrich it ; for it fasteneth a great liking in a citie to virtuous men , and such as be wealthie , that therein they may be free , and in safetie from the violence of the oppressions of covetous and wicked men : and there will be rather resort thither to inhabit , or traffick there as occasions may minister unto them . And many others that have cause of suite will repair thither , whereas they may be sure to find Judgement and Justice duely executed , whereby the citie must needs be enlarged and enriched : for our lives , and a 〈…〉 ever we have are in th 〈…〉 ds of Justice : so that if Justice be not administered amongst men , in vain is there any societie and commerce , or any other thing can be profitable or safe ; so much is love and charitie failed , and iniquitie increased upon the face of the earth . The excellencie and multitude likewise of Artificers exercising their manual arts and trades , do marvellously increase and enrich a State , whereof some are necessary , some commodious for a civil life , other some are of pomp and ornament , and other some of delicacie and curiositie 〈…〉 reof doth follow co 〈…〉 se of people that labour and work , and current money which doth enrich & supply of Materials for labourers , & work-men , buying & selling , transportation from place to place , which doth imploy and increase the artificious and cunning parts of the wit of Man ; and this art and exquisitness of work-manship and skill is so powerfull herein , that it far excels the simple commodities and materials that Nature produceth ; and is alone sufficient of it self to make a Citie or State , both magnificent and glorious : and the daily experience we have in these our days , and in former times , doth manifestly approve the same , and make evident without all contradiction . Some natural benefits that a Citie also may have for the excellencie of Art , or work-manship of some special commodities above any other place , either through the qualitie of the Water , or other matter whatsoever , or some hidden mysterie of the inhabitants in working thereof , may be a great help for the enlargement and enriching of a citie . The command of a Countrie that affordeth some proper commoditie , is of it self sufficient mightily to bring a Citie to great wealth , and to advance it to great power , and draweth thereby dependencie and concourse , much advantagious also , as well for the publick weal , as the private person . A Citie also may be Lord of much Merchandize and traffick , by means of the commodious scituation to many Nations , to whom it serveth and hath relation to , as Ware-houses , Roomth and Store-houses , by reason whereof , the nations adjoyning do use to resort thereunto to make their provisions of such things . And this consisteth in the largeness of the Ports , the fitness of the gulphs and creeks of the seas , in the Navigable rivers and channels , and the plain and safe ways that leadeth to the Citie , or that come , or turn by or near it . Priviledge and freedom from Customs and exactions , doth greatly increase the Trade , and draw inhabitants to a citie , whereby the same may become both rich and powerfull ; whereof the Marts and Fairs , and Markets bear good witness , which are frequented with great concourse of people , Tradesmen and Merchants , for no other respect , but that they are there free and frank from Customs and exactions . And the cities in Flanders are lively testimonies hereof , where the Customs are very small . By reason whereof , all such as have erected new Cities in times past to draw concourse of people unto it , have granted large immunities , and priviledges at the least , to the first inhabitants thereof . The like have they done that have restored Cities emptied with Plague , consumed with Wars , or afflicted with Famin or some other scourge of God . In respect whereof , Freedom of Cities hath been often granted to such as would , with their families , inhabit there , or would bring Corn and other necessaries for provision of victual . The Romans , to increase their Cities , made the Towns that well deserved of them ( which they after called Municipia ) to be partakers of their franchises and priviledges . The first means the Romans used to allure people to make their habitations rather in Rome than else where , was the opening the Sanctuarie , and giving libertie and freedom to all that would come unto them . In respect whereof , there flocked thither , with their goods , numbers of people that were either racked with exactions , thrust out of their habitations , or unsafe , or unsure for their lives in their own Countreys for Religion sake . The very same reason in a manner hath increased so much the citie of Geneva : forasmuch as it hath offered entertainment to all commers out of France and Italie , that have either forsaken , or been exiled their Countreys for Religious sake . Likewise , triumphs , goodly buildings , battels on the water , fights of sword-players , hunting of wild beasts , publick shows and sights , plays solemnized with great pomp and preparation , and many other such things do draw the curious people to a citie inspeakably , which leaves behind them much treasure , and for such cause will rather settle themselves to inhabit there , than in other places . This was also the devise of Rome in her infancie to enlarge her self . The Causes that Concern the Magnificencie of a CITIE . TO confirm a Citie in her Greatness , Iustice , Peace , and Plentie are the undoubted means : for Iustice assureth every man his own . Peace causeth all Arts and negotiations whatsoever to flourish : and Plentie of food and victual , that sustaineth the life of Man with ease and much contentment . To conclude , All those things that cause the Greatness of a Citie , are also fit to conserve the same . Sir Walter Raleigh's Seat of GOVERNMENT . That the Seat of Government is upheld by the two great pillars thereof , viz. Civil Justice , and Martial Policie ; which are framed out of Husbandrie , Merchandize , and Gentrie of this Kingdom . THey say , that the goodliest CEDARS which grow on the high mountains of Libanus , thrust their roots between the clifts of hard Rocks , the better to bear themselves against the strong storms that blow there . As Nature hath instructed those kings of Trees , so hath Reason taught the Kings of Men , to root themselves in the hardie Hearts of their faithfull Subjects . And as those kings of Trees have large Tops , so have the Kings of Men large Crowns ; whereof as the first would soon be broken from their bodies , were they not underborn by many branches ; so would the other easily tytter , were they not fastened on their heads , with the strong chains of Civil Iustice , and Martial Discipline . 1. For the administration of the first , even God himself hath given direction , Judges and Officers shalt thou make , which shall judge the People with righteous judgement . 2. The second is grounded on the first Laws of the world and nature , that Force is to be repelled by Force . Yea Moses in the 20 of Exodus , and else where , hath delivered us many Laws and Policies of War . But as we have heard of the neglect and abuse in both , so have we heard of the decline and ruine of many Kingdoms and States long before our days : for that Policie hath never yet prevailed ( though it hath served for a short season ) where the counterfeit hath been sold for the natural , and the outward shew and formalitie for the substance . Of the Emperor Charls the Fourth , the writers of that age witness , that he used but the name of Iustice and good order , being more learned in the Law than in doing right , and that he had by far , more knowledge than conscience . Certainly the unjust Magistrate that fancieth to himself a sollid and untrasparable bodie of Gold , every ordinarie wit can vitrifie , and make trasparant pierce , and discern their corruptions ; howsoever , because not daring , they cover their knowledge , but in the mean while it is also true , That constrained dissimulation , either in the proud heart , or in the oppressed , either in publick estates , or in private persons , where the fear of God is not prevalent , doth in all the leisure of her lurking , but sharpen her teeth , the voluntarie being no less base , than the forced malitious . Thus it fared between the Barons of England and their Kings , between the Lords of Switzerland & their people , between the Sicilians and the French , between the Dolphine and Iohn of Burgoign , between Charls the Ninth and the French Protestants , and between Henry the third , his successor , and the Lords of Guise , and hereof in place of more particulars , the whole world may serve for examples . It is a difficult piece of Geographie , to delineate and lay out the bounds of Authority ; but it is easie enough to conceive the best use of it , and by which it hath maintained it self in lasting happiness , it hath ever acquired more honour by perswading , than by beating ; for as the bonds of Reason and Love are immortal , so do all other chains or cords , both rustie and rot Noble parts of their own Royal and Politick bodies . But we will forbear for a while to stretch this first string of Civil Iustice ; for in respect of the first sort of Men , to wit , of those that live by their own labour , they have never been displeased where they have been suffered to enjoy the fruit of their own travels , Meum & Tuum , Mine and Thine is all wherein they seek the certaintie and protection . True it is , that they are the Fruit-Trees of the Land , which God in Deuteronomie commanded to be spared , they gather honey , and hardly enjoy the wax , and break the ground with great labour , giving the best of their grain to the easefull and idle . For the second sort , which are the Merchants , as the first feed the Kingdom , so do these enrich it , yea their trades , especially those which are forcible , are not the least part of our Martial Policie , as hereafter proved ; and to do them right , they have in all ages and times assisted the Kings of this Land , not onely with great sums of money , but with great Fleets of Ships in all their enterprises beyond the seas . The second have seldom or never offended their Princes , to enjoy their trades at home upon tolerable conditions , hath ever contented them for the injuries received from other Nations , give them but the Commission of Reprisal , they will either Right themselves , or sit down with their own loss without complaint . 3. The third sort , which are the Gentrie of England , these being neither seated in the lowest grounds , & thereby subject to the biting of every beast , nor in the highest Mountains , and thereby in danger to be torn with tempest ; but the Valleys between both , have their parts in the inferiour Justice , and being spred over all , are the Garrisons of good order throughout the Realm . Sir WALTER RALEIGH'S LETTERS . Sir Walter Raleigh's Letter to Mr Secretary Winwood , before his Iourney to Guiana . Honourable SIR , I Was lately perswaded , by two Gentlemen , my ancient Friends , to acquaint your Honour with some offers of mine , made heretofore for a Journey to Guiana , who were of opinion , That it would be better understood now , than when it was first propounded , which advice having surmounted my dispair , I have presumed to send unto your Honour the Copies of those Letters which I then wrote , both to his Majestie , and to the Treasurer Cecill , wherein as well the reasons that first moved me are remembered , as the objections by him made , are briefly answered . What I know of the riches of that place , not by hear-say , but what mine eyes hath seen , I have said it often but it was then to no end : Because those that had the greatest trust , were resolved not to believe it , not because they doubted the Truth , but because they doubted my Disposition towards themselves ; where ( if God had blessed me in the enterprise ) I had recovered his Majesties favour and good opinion . Other cause than this , or other suspition they never had any . Our late worthy Prince of Wales was extream curious in searching out the Nature of my offences , The Queens Majestie hath informed her self from the beginning , The King of Denmark at both times of his being here was throughly satisfied of my innocency , they would otherwise never have moved his Majestie on my behalf . The Wife , the Brother , and the Son of a King , do not use to sue for men suspect ; but Sir , since they all have done it out of their charitie , and but with references to me alone . Your Honour ( whose respect hath onely relation to his Majesties service ) strengthened by the example of those Princes , may with the more hardness do the like , being Princes to whom his Majesties good estate is no less dear , and all men that shall oppugne it , no less hatefull , than to the King himself . It is true Sir , That his Majestie hath sometimes answered , That his Councel knew me better than he did ; meaning some two or three of them . And it was indeed my infelicitie ; for had his Majestie known me , I had never been here where I now am : or had I known his Majestie , they had never been so long there where they now are . His Majestie not knowing of me hath been my ruin , and his Majesties misknowing of them , hath been the ruin of a goodly part of his estate : but they are all of them now , some living and some dying , come to his Majesties knowledge . But Sir , how little soever his Majestie knew me , and how much soever he believed them , yet have I been bound to his Majestie both for my Life , and all that remains , of which , but for his Majestie , nor Life , nor ought else had remained . In this respect Sir , I am bound to yield up the same life , and all I have for his Majesties service ; to die for the King , and not by the King , is all the ambition I have in the world . Walter Raleigh . Sir Walter Raleighs's Letter to his Wife , from Guiana . Sweet Heart , I Can yet write unto you but with a weak hand , for I have suffered the most violent Calenture for fifteen days , that ever man did , and lived : but God that gave me a strong heart in all my adversities , hath also now strengthened it in the hell-fire of heat . We have had two most grievous sicknesses in our Ship , of which fourtie two have died , and there are yet many sick , but having recovered the land of Guiana , this 12 of November , I hope we shall recover them . We are yet two hundred men , and the rest of our Fleet are reasonable strong , strong enough I hope to perform what we have undertaken , if the diligent care at London , to make our strength known to the Spanish King , by his Ambassadour , have not taught the Spanish King to fortifie all the enterances against us ; howsoever we must make the Adventure , and if we perish , it shall be no honour for England , nor gain for his Majestie to loose among many other an , hundred as valiant Gentlemen as England hath in it . Of Captain Baylies base coming from us at the Canaries , see a Letter of Kemishes to Mr Skory , & of the unnatural weather , storms and rains , and winds . He hath in the same letter , given a touch of the way that hath ever been sailed in fourteen days , now hardly performed in fourtie days ; God I trust , will give us comfort in that which is to come . In passage to the Canaries , I stayed at Gomerah , where I took water in peace , because the Countrey durst not denie it me ; I received there of an English race , a Present of Oranges , Lemons , Quinces , and Pome-granates , without which I could not have lived ; those I preserved in fresh sands , and I have of them yet to my great refreshing . Your son had never so good health , having no distemper in all the heat under the Line . All my servants have escaped but Crab and my Cook , yet all have had the sickness . Crofts and March , and the rest are all well . Remember my service to my Lord Carew , and Mr Secretarie Winwood . I write not to them , for I can write of nought but miseries : yet of men of sort , we have lost our Serjeant Major , Captain Pigott , and his Lieuetenant , Captain Edward Hastings , who would have died at home , for both his liver , spleen , and brains were rotten . My sons Lieuetenant Payton , and my cosin Mr. Hews , Mr. Mordant , Mr. Gardner , Mr. Haward , Captain Iennings the Merchant , Kemish of London , and the Master Chyrurgion , Mr. Refiner , Mr. Moor the Governour of the Barmoudas , our Provost Marsh . W. Steed , Lieuetenant Vescie , but to mine inestimable grief , Hamon and Talbot . By the next I trust you shall hear better of us , in Gods hands we were , and in him we trust . This bearer , Captain Alley , for his infirmitie of his head I have sent back , an honest valiant man , he can deliver you all that is past . Cōmend me to my worthy friends at Loathbury , Sr. John Leigh and Mr. Bower , whose Nephew Knevit is well , and to my cosin Blundell , and my most devoted and humble service to her Majestie . To tell you that I might be here King of the Indians , were a vanitie , but my name hath still lived among them ; here they feed me with fresh meat , and all that the Countrey yields , all offer to obey me . Commend me to poo●Carew my son . From Galliana in Guiana the 14 of November . Sir Walter Raleigh's Letter to Sir Ralph Winwood . SIR , AS I have not hitherto given you any Account of our proceedings and passages towards the Indies , so have I no other subject to write of , than of the greatest misfortunes that ever befel any man : for whereas , for the first , All those that Navigate between Cape de Verd & America , to pass between fifteen or twentie days at most , we found the wind so contrary , and which are also contrary to nature , so many storms and rains , as we spent six weeks in the passage , by reason whereof , and that in so great heat we wanted water : for at the Isle Prano of Cape de verd , we lost our Anchors and Cables , and our water Casks , being driven from the Island with a Hurlicano , and were like all to have perished . Great sickness fell amongst us , and carried away great numbers of our ablest men both for sea and land . The 17 of November , we had sight of Guiana , and soon after came to Anchor in five degrees at the River Galliano , here we staid till the fourth of December , landed our sick men , set up the Barges and Shallops , which were brought out of England in quarters , washed our Ships , and took in fresh water , being fed and cherished by the Indians of my old acquaintance , with a great deal of love & respect , my self being in the hands of death these 6 weeks , & was not able otherwise to move than as I was carried in a chair , gave order to 5 small Ships , to sail into Orinoque , having Captain Kemis for their Conductor towards the Mynes , and in those five Ships five Companies of 50 under the command of Captain Parker , and Captain North , brethren to the Lord Mounteagle and the Lord North , valiant Gentlemen , and of infinite patience for the labour , hunger , and heat which they have endured , my son had the third Company , Captain Thornix of Kent the fourth Company , Captain Chidley , by his Lieutenant , the fifth : but as my Sergeant Major Captain Piggot of the Low Countreys died in the former miserable passage , so my Lieuetenant Sir Warham S. Leiger lay sick without hope of life , and the charge conferred on my Nephew George Raleigh , who had also served long with infinite commendations ; but by reason of my absence , and of Sir Warhams was not so well obeyed as the Enterprize required . As they passed up the River , the Spaniard began the War , and shot at us both with their Ordinance & Muskets , whereupon the Companies were forced to charge them , and soon after beat them out of the Town . In the assault , my son ( more desirous of honour than safetie ) was slain , with whom ( to say truth ) all the respects of this world have taken end in me . And although these five Captains had as weak Companies as ever followed valiant Leaders , yet were there amongst them some twentie or thirtie valiant adventurous Gentlemen , and of singular courage , as of my sons Company , Mr. Knivet , Mr. Hammon , Mr. Langworth , Mr. Iohn Pleasington ; his Officers , Sir Iohn Hamden , Mr. Symon Leak Corporal of the Field , Mr. Hammon the elder Brother , Mr. Nicholas of Buckingham , Mr. Roberts of Kent , Mr. Perin , Mr. Tresham , Mr. Mullinax , Mr. Winter and his brother , Mr. Wray , Mr. Miles Herbart , Mr. Bradshaw , Capt. Hall , & others . Sir , I have set down the names of these Gentlemen , to the end , that if his Majestie shall have cause to use their service , it may please you to take notice of them for very sufficient Gentlemen . The other five Ships staid at Trinidado , having no other Port capable for them near Guiana . The second Ship was commanded by my Vice-Admiral Capt. Iohn Pennington , of whom ( to do him right ) he is one of the sufficientest Gentlemen for the Sea that England hath . The third by Sir Warham S. Leiger , an exceeding valiant & worthy Gentleman . The fourth by Sr Iohn Fern . The fifth by Captain Chidley of Devon . With these five Ships I daily attended their Armando of Spain , which had they set upon us , our force divided , the one half in Orinoque , an hundred and fiftie miles from us , we had not onely been torn in pieces , but all those in the River had also perished , being of no force at all for the Sea-fight ; for we had resolved to have been burnt by their sides , had the Armando arrived : but belike , they staid for us at Margarita , by which they knew we must pass towards the Indies : for it pleased his Majestie to value us at so little , as to command me upon my Alleageance , to set down under my hand the Countrey , and the River by which I was to enter it , to set down the number of my men , and burthen of my Ships , and what Ordinance every Ship carried , which being known to the Spanish Ambassador , and by him to the King of Spain , a dispatch was made , and letters sent from Madrid , before my departure out of the Thames ; for his first letter sent by a Barque of Advise , was dated the 19 of March 1617. at Madrid , which letter I have here inclosed sent to your Honour , the rest I reserve , not knowing whether they may be intercepted or not . The second by the King , dated the second of May , sent also by a Coronel of Diego de Polonieque , Governour of Guiana , Elderedo , and Trinidado . The third by the Bishop of Porericho , and delivered to Polonieque the 15 of Iuly , at Trinidado . And the fourth was sent from the Farmer and Secretarie of his Customs in the Indies . At the same time , by that of the Kings hand , sent by the Bishop , there was also a Commission for the speedie levying of three hundred souldiers , and ten pieces of Ordinance to be sent from Portricho , for the defence of Guiana , an hundred and fiftie from Nuevo Remo de Grando , under the command of Captain Anthony Musica , and the other hundred and fiftie from Portricho , to be conducted by C. Franc. Laudio . Now Sir , if all that have traded to the Indies since his Majesties time knew that the Spaniards have flayed alive all the poor men which they have taken , being but Merchant men , what death and cruel torment shall we expect if they conquer us ? certainly they have hitherto failed grosly , being set out thence as we were , both for number , time , and place . Lastly , to make an Apologie for not working the Myne , ( although I know his Majestie expects ) whom I am to satisfie so much , as my self , having lost my son , and my estate in the Enterprise , yet it is true , that the Spaniards took more care to defend the passage leading unto it , than they did the Town , which by the Kings instructions they might easily do , the Countreys being Aspera & Nemosa . But it is true , that when Capt. Kemish found the River low , and that he could not approch the Banks in most places near the Myne by a Mile , and where he found a discent , a volley of Muskets came from the woods upon the Boat , and slew two Rowers , and hurt six others , and shot a valiant Gentleman of Captain Thornix , of which wound he languisheth to this day . He , to wit , Kemish , following his own advice , thought that it was in vain to discover the Myne ; for he gave me this for an excuse at his return , that the Companies of English in the Town of S. Thome were not able to defend it , against the daily and nightly assaults of the Spaniards , that the passages to the Mynes , were thick and unpassable woods , and that the Myne being discovered , they had no men to work it , did not discover it at all : for it is true , the Spaniards having two gold Mynes near the Town , the one possessed by Pedro Rodrigo de Paran , the second by Harmian Frotinio , the third of silver , by Captain Francisco , for the want of Negroes to work them : for as the Indians cannot be constrained by a Law of Charls the Fifth , so the Spaniards will not , nor can endure the labour of those Mynes , whatsoever the Bragadochio , the Spanish Ambassador saith . I shall prove under the Proprietors hand , by the Custom-Book , and the Kings Quinto , of which I recovered an Ingot or two : I shall also make it appear to any Prince or State that will undertake it , how easily those Mynes , and five or six more of them may be possessed , and the most of them in those parts , which never have as yet been attempted by any , nor by any passage to them , nor ever discovered by the English , French , or Dutch . But at Kemish his return from Orinoque , when I rejected his counsel and his course , and told him that he had undone me , and wounded my credit with the King past recoverie , he slew himself ; for I told him , that seeing my son was slain , I cared not if I had lost an hundred more in opening of the Myne , so my credit had been saved : for I protest before God , had not Capt. Whitney ( to whom I gave more countenance than to all the Captains of my Fleet ) run from me at the Granadoes , and carried another ship with him of Captain Wollestons . I would have left my body at S. Thomes by my sons , or have brought with me out of that or other Mynes , so much Gold-oar , as should have satisfied the King . I propounded no vain thing ; what shall become of me I know not , I am unpardoned in England , and my poor estate consumed , and whether any Prince will give me bread or no I know not . I desire your Honour to hold me in your good opinion , to remember my service to my Lord of Arrundel and Pembrook , to take some pitie on my pour Wife , to whom I dare not write for renewing her sorrow for her son ; and beseech you to give a copie of this to my Lord Carew : for to a broken mind , a sick bodie , and weak eyes , it is a torment to write many Letters . I have found many things of importance for discovering the state and weakness of the Indies , which if I live , I shall hereafter impart unto your Honour , to whom I shall remain a faithfull servant . Walter Raleigh . Sir Walter Raleigh's Letter sent to his Wife , Copied out of his own hand-writing . I Was loath to write , because I know not how to comfort you , and God knows , I never knew what sorrow meant till now . All that I can say to you is , that you must obey the will and providence of God , and remember , that the Queens Majestie bare the loss of Prince Henry with a magnanimous heart , and the Ladie Harrington of her son . Comfort your heart ( dearest Bess ) I shall sorrow for us both , I shall sorrow the less , because I have not long to sorrow , because not long to live . I refer you to Mr. Secretarie Winwoods Letter , who will give you a copie of it , if you send for it , therein you shall know what hath passed ; I have written that Letter , for my brains are broken , and it is a torment for me to write , and especially of misery . I have desired Mr. Secretarie to give my Lord Carew a copie of his Letter . I have clensed my ship of sick men , and sent them home ; I hope God will send us somewhat before we return . You shall hear from me if , I live , from the New-found land , where I mean to make clean my ships and revictual ; for I have Tobacco enough to pay for it . The Lord bless and comfort you , that you may bear patiently the death of your valliant son . This 22. of March , from the Isle of Christophers , yours Walter Raleigh . Post-script . I Protest before the Majestie of God , That as Sir Francis Drake , and Sir Iohn Hawkins died heart-broken when they failed of their enterprise , I could willingly do the like , did I not contend against sorrow for your sake , in hope to provide somewhat for you and to comfort and releive you . If I live to return , resolve your self that it is the care for you that hath strengthened my heart . It is true that Kemish might have gone directly to the Myne , & meant it , but after my sons death , he made them beleive he knew not the way , and excused himself upon want of water in the River , and counterfeiting many impediments left it unfound . When he came back , I told him he had undone me , and that my credit was lost for ever ; he answered . That when my son was lost , and that he left me so weak , that he resolved not to find me alive , he had no reason to enrich a companie of Rascals , who after my sons death made no account of him . He further told me that the English sent up into Guiana , could hardly defend the Spanish town of S. Thome which they had taken , and therefore for them to pass through thick woods it was impossible , and more impossible to have victual brought them into the Mountains . And it is true , that the Governour Diego Polenego , and other four Captains being slain , whereof Wats slew one , Plessington , Wats servant , and Iohn of Moroccoes , one of his men , slew other two . I say five of them slain in the enterance of the Town , the rest went off in a whole bodie , and took more care to defend the passages to their Mynes ( of which they had three within a League of the Town , besides a Myne that was about five miles off ) than they did of the Town it self . Yet Kemish at the first was resolved to go to the Myne ; but when he came to the banck side to Land , and had two of his men slain outright from the bank , and six other hurt , and Captain Thornix shot in the head , of which wound , and the accident thereof , he hath pined away these twelve weeks . Now when Kemish came back and gave me the former Reasons which moved him not to open the Myne , the one the death of my son , a second the weakness of the English , and their impossibilities to work and to be victualled ; a third that it were a follie to discover it for the Spaniards ; and lastly my weakness and being unpardoned ; and that I rejected all these his Arguments , and told him , that I must leave him to himself to resolve it to the King and State , he shut up himself into his Cabbin , and shot himself with a pocket Pistol which broke one of his ribs , and finding that he had not prevailed , he thrust a long Knife under his short ribs up to the handle and died . Thus much I have written to M. Secretarie , to whose Letters I refer you to know the truth . I did after the sealing break open the Letter again , to let you know in brief the state of that business . which I pray you impart to my Lord of Northumberland , and Silvanus Scory . For the rest , there was never poor man so exposed to slaughter as I was ; for being commanded upon mine Alleageance to set down not onely the Countrey but the very River by which I was to enter it , to name my Ships number , men , and my Artillerie . This now was sent by the Spanish Ambassador to his Master the King of Spain , the King wrote his Letters to all parts of the Indies , especially to the Governour Palamago of Guiana , Elderado , and Trinidado , of which the first Letter bore date 19 of March 1617 , at Madrill , when I had not yet left the Thames , which Letter I have sent to Mr Secretarie . I have also other Letters of the Kings which I reserve , and one of the Councels . The King also sent a Commission to leavie three hundred souldiers out of his Garrisons of unie Regno de Granado è Portricho , with ten pieces of brass Ordinance to entertain us ; he also prepared an Army by sea to set upon us . It were too long to tell you how we were preserved , if I live I shall make it known ; my brains are broken , and I cannot write much , I live yet , and I told you why . Witney for whom I sold all my Plate my Plymouth , and to whom I gave more credit and countenance than to all the Captains of my Fleet , ran from me at the Granadoes , and Wolleston with him , so as I have now but five Ships , and out of those I have sent some into my Fly-boat a rabble of idle Rascals , which I know will not spare to wound me , but I care not . I am sure there is never a base slave in all the Fleet hath taken the pain and care that I have done , that have slept so little , and travelled so much , my friends will not believe them , and for the rest I care not ; God in heaven bless you and strengthen your heart . Yours Walter Raleigh . Sir Walter Raleigh's Letter to Mr Secretary Winwood . SIR , SInce the death of Kemish , it is confessed by the Serjeant Major , and others of his inward friends , that he told them , that he could have brought them unto the Myne within two hours March from the River side ; but because my son was slain , my self unpardoned , and not like to live , he had no reason to open the Myne either for the Spaniard or for the King ; they answered , that the King ( though I were not pardoned ) had granted my heart under the Great Seal . He replyed , that the grant to me was to no man , non Ens in the Law , and therefore of no force ; this discourse they had , which I knew not of till after his death : but when I was resolved to write unto your Honour , he prayed me to joyn with him in excusing his not going to the Myne , I answered him I would not do it ; but if my self could satisfie the King and State , that he had reason not to open it , I should be glad of it : but for my part , I must avow that he knew it , and that he might with loss have done it ; other excuses I would not frame : he told me that he would wait on me presently , and give me better satisfaction : but I was no sooner come from him into my Cabbin , but I heard a Pistol go over my head , and sending to know who shot it , word was brought me that Kemish shot it out of his Cabbin window to cleanse it ; his boy going into his Cabbin , found him lying upon his bed with much bloud by him , and looking in his face saw him dead ; the Pistol being but little , did but crack his rib , but turning him over found a long Knife in his bodie , all but the handle . Sir , I have sent into England with my cosin Harbert ( a very valiant honest Gentleman ) divers unworthy persons , good for nothing neither by sea nor land , and though it was at their own suit , yet I know they will wrong me in all that they can . I beseech your Honour , that the scorn of men may not be believed of me , who have taken more pains , and suffered more than the meanest Rascal in the Ship ; these being gone , I shall be able to keep the Sea until the end of August , with some four reasonable good ships . Sir , wheresoever God shal permit me to arrive in any part of Europe , I will not fail to let your Honour know what we have done , till then , and ever I rest Your Honours servant W. Raleigh . Sir WALTER RALEIGH'S Letter to King JAMES , at his return from GUIANA . May it please your most excellent Majestie , IF in my Journey outward bound , I had my men murthered at the Islands , and yet spared to take revenge , if I did discharge some Spanish Barks taken without spoil , if I forbare all parts of the Spanish Indies , wherein I might have taken twentie of their Downs on the sea-coasts , and did onely follow the enterprize I undertook for Guiana , where without any directions from me , a Spanish Village was burnt , which was new set up within three miles of the Myne . By your Majesties favour , I find no reason why the Spanish Ambassador should complain of me . If it were lawfull for the Spaniards to murther twentie six English men , tying them back to back , and then cuting their throats , when they had traded with them a whole moneth , and came to them on the land without so much as one sword , and that it may not be lawfull for your Majesties subjects , being charged first by them , to repell force by force , we may justly say , O miserable English ! If Parker and Metham took Campeach and other places in the Honduraes , seated in the heart of the Spanish Indies , burnt Towns , and killed the Spaniards , and had nothing said unto them at their return , and my self forbore to look into the Indies ; because I would not offend , I may as justly say , O miserable Sir Walter Raleigh ! If I have spent my poor estate , lost my son , suffered by sickness and otherwise a world of miseries ; if I have resisted with manifest hazard of my life , the Robberies & Spoils , with which my Companions would have made me rich , if when I was poor , I would have made my self rich , if when I have gotten my libertie , which all men and nature it self do much prize , I voluntarily lost it , if when I was sure of my life , I rendered it again , if I might elsewhere have sold my ship and goods , and put five or six thousand pounds in my purss and yet brought her into England , I beseech your Majestie to believe , that all this I have done , because it should not be said to your Majestie , that your Majestie had given libertie and trust to a man whose end was but the recoverie of his libertie , and who had betrayed your Majesties trust . My Mutiniers told me , that if I returned for England I should be undone , but I believed in your Majesties goodness more than in all their arguments . Sure , I am the first that being free and able to enrich my self , yet hath embraced povertie and peril . And as sure I am , that my example shall make me the last : but your Majesties wisdom and goodness I have made my judges , who have ever been , and shall ever be , Your Majesties most humble Vassal Walter Raleigh . Sir Walter Raleighs's Letter to his Wife , after his Condemnation . YOu shall receive ( my dear Wife ) my Last words in these my Last lines ; my love I send you , that you may keep when I am dead , & my counsel , that you may remember it when I am no more . I would not with my will present you sorrows ( dear Bess ) let them go to the grave with me , and be buried in the dust . And seeing that it is not the will of God that I shall see you any more , bear my destruction patiently , and with an heart like your self . First I send you all the thanks which my heart can conceive , or my words express , for your many travels and cares for me , which though they have not taken effect as you wished , yet my debt to you is not the less ; but pay it I never shall in this world . Secondly , I beseech you , for the love you bare me living , that you do not hide your self many days , but by your travels seek to help the miserable Fortunes , and the Right of your poor Child , your mourning cannot avail me that am but dust . Thirdly , you shall understand , that my Lands were conveyed ( bona side ) to my Child , the writings were drawn at Midsummer was twelve moneths , as divers can witness , and I trust my bloud will quench their malice who desired my slaughter ; that they will not seek also to kill you and yours with extream povertie . To what friend to direct you I know not , for all mine have left me in the true time of triall . Most sorrie am I , that being thus surprised by death , I can leave you no better Estate , God hath prevented all my determinations , that great God which worketh all in all , and if you can live free from want , care for no more , for the rest is but a vanitie ; Love God , and begin betimes , in him you shall find true , everlasting , and endless comfort , when you have travelled and wearied your self with all sorts of worldly cogitations , you shall sit down by sorrow in the end . Teach your son also to serve and fear God whilest he is young , that the fear of God may grow up in him ; then will God be an Husband to you , and a Father to him , an Husband and a Father , that can never be taken from you . Baylie oweth me a thousand pounds , and Aryan six hundred ; in Jernesey also I have much owing me . ( Dear wife ) I beseech you , for my Souls sake , pay all poor men . When I am dead , no doubt you shall be much sought unto , for the world thinks I was very rich ; have a care to the fair pretences of men , for no greater miserie can be fall you in this life , than to become a prey unto the world , and after to be despised . I speak ( God knows ) not to disswade you from Marriage , for it will be best for you , both in respect of God and the world . As for me , I am no more yours , nor you mine , death hath cut us asunder , & God hath divided me from the world , & you from me . Remember your poor Child for his Fathers sake , who loved you in his happiest estate . I sued for my life , but ( God knows ) it was for you and yours that I desired it : for , know it , ( my dear Wife ) your Child is the Child of a true man , who in his own respect despiseth Death and his misshapen & ugly forms . I cannot write much , ( God knows ) how hardly I steal this time when all sleep , and it is also time for me to seperate my thoughts from the world . Beg my dead bodie , which living was denied you , and either lay it in Sherborn or in Exeter Church by my father and mother . I can say no more , Time and Death calleth me away . The everlasting God , powerfull , infinite , and inscrutable God Almightie , who is goodness it self , the true Light and Life , keep you and yours , and have mercy upon me , and forgive my Persecutors and false accusers , and send us to meet in his glorious kingdom . My dear Wife farewel , Bless my Boy , Pray for me , and let my true God hold you both in his Arms . Yours that was , but now not mine own Walter Raleigh . Sir Walter Raleigh's Letter to Prince Henry , touching the model of a Ship . Most excellent Prince , IF the Ship your Highness intends to build , be bigger than the Victorie , then her beams , which are laid overthwart from side to side will not serve again , and many other of her timbers and other stuff , will not serve , whereas if she be a size less , the timber of the old Ship will serve well to the building of a new . If she be bigger she will be of less use , go very deep to water , and of mightie charge , our Channels decaying every year , less nimble , less mannyable , and seldom to be used Grande Navio , grande fatica , saith the Spaniard . A Ship of six hundred Tuns , will carrie as good Ordinance as a Ship of twelve hundred Tuns , and where the greater hath double her Ordinance , the less will turn her broad side twice , before the great Ship can wind once , and so no advantage in that over-plus of Guns . The lesser will go over clear where the greater shall stick and perish ; the lesser will come and go , leave or take , and is yare , whereas the greater is flow , unmanyable , and ever full of encumber . In a well conditioned Ship , these things are chiefly required . 1. That she be strong built . 2. Swift it sail . 3. Stout-sided . 4. That her Ports be so laid , as that she may carry out her Guns all weathers . 5. That she hull and trie well . 6. That she stay well , when boarding , or turning on a wind is required . To make her strong , consisteth in the care and truth of the work-man ; to make her swift , is to give her a large Run , or way forward , and so aftward , done by art and just proportion , and that in laying out of her bowes before , and quarters behind , the Ship-wright be sure , that she neither sink nor hang into the water , but lie clear and above it , wherein Ship-wrights do often fail , and then is the speed in sailing utterly spoiled . That she be stout-sided , the same is provided by a long bearing floar , and by sharing off from above water to the lower edge of the Ports , which done , then will she carry out her Ordinance all weathers . To make her to hull and to trie well , which is called a good sea-Ship , there are two things principally to be regarded the one that she have a good draught of water , the other that she be not overcharged : And this is seldom done in the Kings Ships , and therefore we are forced to lye , or trie in them with our main Course and mizen , which with a deep keel and standing streak , she would perform . The extream length of a Ship makes her unapt to stay , especially if she be floatie and want sharpness of way forward . And it is most true , that such over-long Ships , are fitter for the narrow Seas in summer , than for the Ocean , or long voyages and therefore an hundred foot by the Keel , and thirtie five foot broad is a good proportion for a great Ship . It is to be noted , that all Ships sharp before , not having a long floar , will fall rough into the sea from a billow , and take in water over head and ears ; and the same qualitie have all narrow-quartered ships to sink after the tail . The high Cargeing of ships , is that that brings many ill qualities it makes them extream Lee-ward , makes them sink deep into the seas , makes them labour sore in foul weather , and oft-times overset . Safetie is more to be respected than shews , or niceness for ease ; in sea-journeys both cannot well stand together and therefore the most necessarie is to be chosen . Two Decks and an half is enough , and no building at all above that , but a low Masters Cabbin , Our Masters and Mariners will say , that the ships will bear more well enough ; and true it is , if none but ordinarie Mariners served in them . But men of better sort , unused to such a life , cannot so well endure the rowling and tumbling from side to side , where the seas are never so little grown , which comes by high Cargeing . Besides those high Cabbin-works aloft , are very dangerous in fight , to tear men with their splinters . Above all other things , have care that the great Guns be four foot clear above water when all lading is in , or else these best pieces are idle at sea ; for if the Ports lie lower , and be open , it is dangerous ; and by that default was a goodly Ship , and many gallant Gentlemen lost , in the days of Henry the Eigth , before the Isle of Wight , in a Ship called by the name of Mary-Rose . Sir Walter Releigh's PILGRIMAGE . GIve me my Scallop shell of Quiet , My Staff of Faith to walk upon ; My Scrip of Joy immortal Diet ; My Bottle of Salvation . My Gown of Glorie ( Hopes true gage ) And thus I le take my Pilgrimage . Bloud must be my Bodies onely Balmer , No other Balm will there be given Whil'st my Soul , like a quiet Palmer , Travelleth towards the Land of Heaven . Over the silver Mountains Where springs the Nectar Fountains , There I will kiss the Bowl of Bliss , And drink mine everlasting fill Upon every Milken hill . My soul will be adrie before , But after , it will thirst no more . I le take them first , to quench my Thirst . And tast of Nectars suckets , At those clear Wells Where sweetness dwells , Drawn up by Saints in Chrystal Buckets . Then by that happy blestfull day , More peacefull Pilgrimes I shall see , That have cast off their rags of clay , And walk apparelled fresh like me . And when our Bottles and all we Are fill'd with Immortalitie . Then the blessed Paths wee 'l travel , Strow'd with Rubies thick as gravel , Sealings of Diamonds , Saphire flowers , High walls of Coral , and Pearly Bowers . From thence to Heavens bribeless Hall , Where no corrupted voices brawl , No Conscience molten into Gold , No forg'd Accuser bought or sold , No cause deferr'd , no vain-spent Journey , For there , CHRIST is the Kings Attorney ; Who pleads for all without degrees , And he hath Angels , but no Fees : And when the twelve Grand-million Jurie Of our Sins , will direfull Jurie , 'Gainst our Souls black Verdicts give , Christ pleads his Death , and then we Live , Be thou my Speaker [ taintless Pleader , Unblotted Lawyer , true Proceeder . ] Thou would'st Salvation even for Alms , Not with a bribed Lawyers Palms . And this is mine eternal Plea To him that made Heaven , Earth , and Sea , That since my Flesh must die so soon , And want a Head to dine next noon , Just at the stroak ? , when my Veins start and spread , Set on my Soul an everlasting Head . Then am I readie , like a Palmer , fit To tread those blest Paths which before I writ , Of Death and Iudgement , Heaven and Hell , Who oft doth think , must needs Die well , Sir Walter Raleigh's VERSES ; Found in his Bible in the Gate-house at Westminster . EVen such is Time , which takes in trust Our Youth , our Joys , and all we have , And pays us nought but Age and Dust , When in the dark and silent Grave : When we have wandred all our ways , Shuts up the storie of our days : And from which Grave , & Earth , & Dust , The Lord shall raise me up I trust . Sir W. RALEIGH , On the Snuff of a Candle the night before he died . Cowards fear to Die , but Courage stout , Rather than Live in Snuff , will be put out . Sir WALTER RALEIGH'S SPEECH Immediately before he was beheaded . UPon Simon and Iudes day , the Lieuetenant of the Tower had a Warrant to bring his Prisoner to the Kings-Bench in Westminster-Hall , where the Attorney General demanded Execution , according to the Judgement pronounced against him at Winchester , the Lord Chief Justice caused the Indictment , Verdict , and Judgement to be read , and after asked him , what he could say , Why he should not die according to the Law ; his answer was , That this fifteen years he had lived by the meer mercy of the King , and did now wonder how his Mercy was turned into Justice , he not knowing any thing wherein he had provoked his Majesties displeasure , and did hope , that he was clear from that Judgement by the Kings Commission in making him General of the Voyage to Guiana , for ( as he conceived ) the words , To his trustie and welbeloved subject , &c. Did in themselves imply a Pardon . But Master Attorney told him , these words were not sufficient for that purpose . Whereupon he desired the opinion of the Court , to which the Lord Chief Justice replied , it was no Pardon in Law . Then began Sir Walter Raleigh to make a long description of the events and ends of his Voyage , but he was interrupted by the Chief Justice , who told him , that it was not for any offence committed there , but for his first fact that he was now called in question , and thereupon told him , That seeing he must prepare to die , he would not add affliction to affliction , nor aggravate his fault , knowing him to be a man full of miserie ; but with the good Samaritane administer oyl and wine for the comfort of his distressed Soul . You have been a General , & a great Commander , imitate therefore that noble Captain , who thrusting himself into the middest of a Battel , cried aloud , Mors me Expectat , & ego Mortem Expectabo , as you should not contemn so to do , nor should you fear death , the one sheweth too much boldness , the other no less cowardize , so with some other few instructions the Court arose , and Sir Walter was commited into the hands of the Sheriff of Middlesex , who presently conveyed him to the Gate-house in Westminster . Upon Thursday morning this Couragious , although Committed Knight , was brought before the Parliament-house , where there was a Scaffold erected for his Beheading , yet it was doubted over-night that he should be hanged , but it fell out otherwise . He had no sooner mounted the scaffold , but with a chearfull Countenance , and undaunted Look , he saluted the Companie . His Attire was a wrought Night-cap , a Ruff band , a hair-coloured Sattin Doublet , with a black wrought Waste-coat under it , a pair of black cut Taffety Breeches , a pair of ash-coloured Silk Stockings , & a wrought black Velvet Night-gown ; putting off his Hat , he directed his Speech to the Lords present , as followeth . My honourable Lords , and the rest of my good friends that come to see me die , Know , that I much rejoyce that it hath pleased God to bring me from darkness to light , and in freeing me from the Tower , wherein I might have died in disgrace , by letting me live to come to this place , where though I lose my life , yet I shall clear some false accusations , unjustly laid to my charge , and leave behind me a testimonie of a true heart , both to my King and Countrey . Two things there are which have exceedingly possest and provoked his Majesties indignation against me , viz. A Confederacie , or Combination with France , and disloyal and disobedient words of my Prince . For the first , his Majestie had some cause , though grounded upon a weak foundation , to suspect mine inclination to the French faction , for not long before my departure from England , the French Agent took occasion , passing by my house , to visit me , had some conference , during the time of his abode , onely concerning my voyage , and nothing else , I take God to witness . Another suspition is had of me , because I did labour to make an escape from Plymouth to France ; I cannot denie , but that willingly , when I heard a rumour , That there was no hope of my life , upon my return to London , I would have escaped for the fafeguard of my Life , and not for any ill intent or conspiracie against the State . The like reason of suspition arose , in that I perswaded Sir Lewis Steukly , my Guardian , to flee with me from London to France , but my Answer to this is , as to the other , That onely for my safeguard , and nought else , was my intent , as I shall answer before the Almightie . It is alleadged , That I feigned my self sick , and by art made my bodie full of blisters when I was at Salisbury . True it is , I did so ; the reason was , because I hoped thereby to defer my coming before the King and Councel , and so by delaying , might have gained time to have got my Pardon . I have an Example out of Scripture for my warrant , that in case of necessitie , and for the safeguard of life , David feigned himself foolish and mad , yet was it not imputed to him for sin . Concerning the second Imputation laid to my charge , that I should speak scandalous and reprochfull words of my Prince , there is no witness against me but onely one , and he a Chimical French-man , whom I entertained , rather for his Jests than his Iudgement : this man to incroach himself into the favour of the Lords , and gaping after some great reward , hath falsly accused me of Seditious speeches against his Majestie ; against whom , if I did either speak , or think a thought hurtfull or prejudicial , the Lord blot me out of the book of Life . It is not a time to flatter or fear Princes , for I am a subject to none but Death ; therefore have a charitable conceit of me . That I know to swear is an offence , to swear falsly at any time is a great sin , but to swear false before the presence of Almightie God , before whom I am forthwith to appear , were an offence unpardonable ; therefore think me not now rashly , or untruly to confirm , or protest any thing . As for other objections , in that I was brought perforce into England , that I carried sixteen thousand pounds in money out of England with me , more than I made known ; that I should receive Letters from the French King , and such like , with many Protestations he utterly denied . FINIS . Notes, typically marginal, from the original text Notes for div A57589e-260 Seeing Touching . Hearing . Smelling . Tasting . Notes for div A57589e-1050 Scituation for Safety , and Plenty . Multitude of Inhabitants . Religion . Academies . Courts of Justice . Artificers . Priledg The first 〈…〉 of Rome to allure stranges , was Sanctuarie . Triumps . Notes for div A57589e-2170 Husbandmen . Merchant . Gentry Notes for div A57589e-6810 Two things Sir W. Raleigh accused of . A04286 ---- An apologie for the oath of allegiance first set foorth without a name, and now acknowledged by the authour, the Right High and Mightie Prince, Iames, by the grace of God, King of Great Britaine, France and Ireland, defender of the faith, &c. ; together with a premonition of His Maiesties, to all most mightie monarches, kings, free princes and states of Christendome. James I, King of England, 1566-1625. 1609 Approx. 359 KB of XML-encoded text transcribed from 136 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A04286 STC 14401.5 ESTC S1249 22044916 ocm 22044916 24995 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A04286) Transcribed from: (Early English Books Online ; image set 24995) Images scanned from microfilm: (Early English books, 1475-1640 ; 1728:13) An apologie for the oath of allegiance first set foorth without a name, and now acknowledged by the authour, the Right High and Mightie Prince, Iames, by the grace of God, King of Great Britaine, France and Ireland, defender of the faith, &c. ; together with a premonition of His Maiesties, to all most mightie monarches, kings, free princes and states of Christendome. James I, King of England, 1566-1625. Paul V, Pope, 1552-1621. Bellarmino, Roberto Francesco Romolo, Saint, 1542-1621. [3], 135, [13], 112 p. By Robert Barker, printer to the Kings Most Excellent Maiesties, Imprinted at London : 8 April 1609. Second pt. has special t.p., and separate pagination, with title: Triplici nodo, triplex cuneus, or, An apologie for the oath of allegiance, against two Breues of Pope Paulus Quintus, and the late letter of Cardinal Bellarmine to G. Blackvvel the arch-priest. First published anonymously in 1607--Cf. NUC pre-1956 imprints. Signatures: a-s⁴ t⁴(-t4) X2 A-O⁴. Errors in paging: p. 82 and 87 in second part misnumbered 22 and 27 respectively. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Blackwell, George, 1546 or 7-1613. Catholic Church -- England. Oath of allegiance, 1606. Church and state -- England. 2006-04 TCP Assigned for keying and markup 2006-10 SPi Global Keyed and coded from ProQuest page images 2008-12 John Latta Sampled and proofread 2008-12 John Latta Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion An Apologie for the Oath of ALLEGIANCE . FIRST SET FOORTH WITHOVT a name : And now acknowledged by the Authour , the Right High and Mightie Prince , IAMES , by the Grace of GOD , King of Great Britaine , France and Ireland ; Defender of the Faith , &c. Together with a PREMONITION of his Maiesties , to all most Mightie Monarches , Kings , free Princes and States of Christendome . PSAL. 2. Vers . 10. Et nunc Reges intelligite : Erudimini qui iudicatis terram . ROM . 14. Vers . 13. Non ergo ampliùs inuicem indicemus . Sed hoc iudicate magis , ne penat●s offendiculum fratri , vel scandalum . ¶ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . April . 8. ANNO 1609. Cum priuilegio Regali . TO THE MOST SACRED AND Inuincible Prince , RODOLPH the II. by GODS Clemencie Elect EMPEROVR of the ROMANES ; KING OF GERMANIE , HVNGARIE , BOHEME , DALMATIE , CROATIE , SCLAVONIE , &c. ARCH-DVKE OF AVSTRIA , DVKE OF BVRGVNDIE , STIRIA , CARINTHIA , CARNIOLA , and WIRTEMBERG , &c. Earle of TYROLIS , &c. AND TO ALL OTHER RIGHT HIGH AND MIGHTY KINGS ; AND RIGHT EXCELLENT Free PRINCES and STATES of Christendome : Our louing BRETHREN , COVSINS , ALLIES , CONFEDERATES and FRIENDS : IAMES , by the grace of GOD , King of GREAT BRITAINE , FRANCE and IRELAND ; Professor , Maintainer and DEFENDER OF THE True , Christian , Catholique , and Apostolique FAITH , Professed by the auncient and Primitiue Church , and sealed with the blood of so many holy Bishops and other faithfull crowned with the glory of Martyrdome ; WISHETH euerlasting felicitie in CHRIST our Sauiour . TO YOV , MOST SACRED AND INVINCIBLE EMPEROVR ; RIGHT HIGH AND MIGHTIE KINGS ; RIGHT EXCELLENT FREE PRINCES AND STATES , MY LOVING BRETHREN AND COVSINS . To you , I say , as of right belongeth , doe I consecrate and direct this Warning of mine , or rather Preamble to my reprinted Apologie for the Oath of Allegiance . For the cause is generall , and concerneth the Authoritie and Priuiledge of Kings in generall , and all supereminent Temporall powers . And if in whatsoeuer Societie , or Corporation of men , either in Corporations of Cities , or in the Corporation of any mechanike craft or handie-worke , euery man is carefull to maintain the priuiledges of that Societie whereunto hee is sworne ; nay , they will rather cluster all in one , making it a common cause , exposing themselues to all sorts of perill , then suffer the least breach in their Liberties ; If those of the baser sort of people , I say , be so curious and zealous for the preseruation of their common priuiledges and liberties , as if the meanest amongst them bee touched in any such poynt , they thinke it concerneth them all : Then what should we doe in such a case , whom GOD hath placed in the highest thrones vpon earth , made his Lieutenants & Vice-gerents , and euen seated vs vpon his owne throne to execute his Iudgements ? The consideration heereof hath now moued me to expone a Case vnto you , which doeth not so neerely touch mee in my particular , as it doeth open a breach against our authoritie , ( I speake in the plurall of all Kings ) and priuiledge in generall . And since not onely all rankes and sorts of people in all Nations doe inuiolably obserue this Maxime , but euen the Ciuill Law , by which the greatest part of Christendome is gouerned , doeth giue them an interest , qui fouent consimilem causam ; How much more then haue ye interest in this cause , not being similis or par causa to yours , but eadem with yours ? and indeed yee all fouetis , or at least fouere debetis eandem causam mecum . And since this cause is common to vs all ; both the ciuill Lawes and the municipall Lawes of all Nations , permits and warne them , that haue a common interest , to concurre in one for the defence of their common cause ; yea , common sence teacheth vs with the Poet , Ecquid Ad te pòst paulò ventura pericula sentis ? Nam tua res agitur , paries cùm proximus ardet . Awake then while it is time , and suffer not , by your longer sleepe , the strings of your Authoritie to be cut in singulis , and one and one to your generall ruine , which by your vnited forces , would rather make a strong rope for the enemie to hang himselfe in , with Achitophel , then that hee should euer be able to breake it . As for this Apologie of mine , it is true , that I thought good to set it first out without putting my name vnto it ; but neuer so , as I thought to deny it , remembring well mine owne words , but taken out of the Scripture , in the beginning of the Preface to the Reader , in my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that nothing is so hid , which shall not bee opened , &c : promising there , which with GOD his grace I shall euer performe , neuer to doe that in secret , which I shall need to be ashamed of , when it shall come to be proclaimed in publique . In deed I thought it fit , for two respects , that this my Apologie should first visite the world without hauing my name written in the forehead thereof . First because of the matter , and next of the persons that I medled with . The matter , it being a Treatise , which I was to write , containing reasons & discourses in Diuinity for the defence of the Oath of Allegiance , and refutation of the condemners therof ; I thought it not comely for one of my place , to put my name to books concerning scholastick Disputations ; whose calling is to set forth Decrees in the Imparatiue moode : for I thinke my selfe as good a man as the Pope , by his reuerence , for whom these my Answerers make the like excuse ; for that his Breues are so summary without yeelding any reason vnto them . My next reason was the respect of the persons whom with I meddled : Wherein , although I shortly answered the Popes Breues ; yet the point . I most laboured , being the refutation of Bellarmines Letter , I was neuer the man , I confesse , that could thinke a Cardinall a meet match for a King : especially , hauing many hundreth thousands of my subiects of as good birth as he . As for his Church dignitie , his Cardinalship I meane , I know not how to ranke or value it , either by the warrant of God his word , or by the ordinance of Emperours or Kings ; it being indeed onely a new Papall erection , tolerated by the sleeping conniuence of our Predecessors ( I meane still by the plurall of Kings . ) But notwithstanding of this my forbearing to put my name vnto it , some Embassadours of some of you ( my louing Brethren and Cosins ) whome this cause did neereliest concerne , can witnesse , that I made Presents of some of those bookes , at their first printing , vnto them , and that auowedly in my owne name . As also the English Paragraphist , or rather peruerse Pamphleter Parsons , since all his desciption must runne vpon a P. hath truely obserued , that my Armes are affixed in the frontispice thereof , which vseth not to bee in bookes of other mens doing ; whereby his malice in pretending his ignorance , that he might pay me the soundlier , is the more inexcusable . But now that I find my sparing to put my name vnto it hath not procured my sparing by these answerers , who haue neither spared my Person directly in naming me , nor indirectly by railing vpon the Author of the Booke : it is now high time for me no longer to conceale nor disauow my selfe , as if I were ashamed of my owne deed . And therefore that yee may the better vnderstand the nature of the cause , I will begin at the first ground thereof . The neuer ynough wondered at and abhorred POVVDER-TREASON ( though the repetition thereof grieueth , I know , the gentle hearted Iesuite Parsons ) this Treason , I say , being not onely intended against me and my Posteritie , but euen against the whole house of Parliament , plotted only by Papists , and they onely led thereto by a preposterous zeal for the aduancement of their Religion ; some of them continuing so obstinate , that euen at their death they would not acknowledge their fault ; but in their last words , immediatly before the expiring of their breath , refused to condemne themselues & craue pardon for their deed , except the Romish Church should first condemne it ; And soone after , it being discouered , that a great number of my Popish Subiects of all rankes and sexes , both men and women , as well within as without the Countrey ; had a confused notion and an obscure knowledge , that some great thing was to be done in that Parliament for the weale of the Church ; although , for secrecies cause , they were not acquainted with the particulars ; certaine formes of prayer hauing likewise bin set down and vsed for the good successe of that great errand ; adding hereunto , that diuers times , and from diuers Priests , the Arch-traitors themselues receiued the Sacrament for confirmation of their heart , and obseruation of secrecie ; Some of the principall Iesuits likewise being found guiltie of the foreknowledge of the Treason it selfe ; of which number some fled from their triall , others were apprehended ( as holy Gamet himselfe and Ouldcorne were ) and iustly executed vpon their owne plaine confession of their guilt : If this Treason now , clad with these circumstances , did not minister a iust occasion to that Parliament house , whom they thought to haue destroyed , couragiously and zealously at their next sitting downe , to vse all meanes of trial , whether any more of that mind were yet left in the Countrey ; I leaue it to you to iudge , whom God hath appoynted his highest Depute-Iudges vpon earth : And amongst other things for this purpose , This Oath of Allegiance , so vniustly impugned , was then deuised and enacted . And in case any sharper Lawes were then made against the Papists that were not obedient to the former Lawes of the Countrey ; if ye will consider the time , place , and persons , it will bee thought no wonder , seeing that occasion did so iustly exasperate them to make seuerer Lawes then otherwise they would haue done . The time , I say , being the very next sitting downe of the Parliament , after the discouerie of that abominable Treason : the place beeing the same , where they should all haue bene blowen vp , and so bringing it freshly to their memorie againe : the persons being those very Parliament men whom they thought to haue destroyed . And yet so far hath both my heart and gouernment beene from any bitternes , as almost neuer one of those sharpe additions to the former Lawes haue euer yet beene put in execution . And that ye may yet know further for the more conuincing these Libellers of wilfull malice , who impudently affirme , That this Oath of Allegiance was deuised for deceiuing and intrapping of Papists in points of conscience ; The truth is , that the Lower house of Parliament at the first framing of this Oath , made it to containe , That the Pope had no power to excommunicate me ; which I caused them to reforme ; onely making it to conclude , That no excommunication of the Popes can warrant my Subiects to practise against my Person or State ; denying the deposition of Kings to be in the Popes lawfull power , as indeed I take any such temporall violence to bee farre without the limits of such a Spirituall censure as excommunication is . So carefull was I that nothing should be contained in this Oath , except the profession of natural Allegiance , & ciuill and temporall obedience , with a prom●se to resist to all contrary vnciuill violence . This Oath now grounded vpon so great and iust an occasion , set forth in so reasonable termes , and ordeined onely for making of a true distinction betweene Papists of quiet disposition , and in all other things good Subiects , and such other Papists as in their hearts maintained the like violent bloody Maximes , that the Powder-traitors did : This Oath , I say , being published and put in practise , bred such euill blood in the Popes head and his Cleargie , as Breue after Breue commeth forth , vt vndam vnda sequitur ; prohibiting all Catholiques from taking the same , as a thing cleane contrary to the Catholicke faith ; and that the taking thereof cannot stand with the saluation of their soules . There commeth likewise a letter of Cardinall Bellarmines to Blackwell to the same purpose ; but discoursing more at length vpon the sayd Oath . Whereupon , after I had entred in consideration of their vniust impugning that so iust and lawfull an Oath ; and fearing that by their vntrue calumnies and Sophistrie the hearts of a number of the most simple and ignorant of my people should be mis-led , vnder that faire and deceitfull cloake of conscience ; I thought good to set foorth an Apologie for the said Oath : wherin I proued , that as this Oath contained nothing but matter of ciuill and temporall Obedience , due by Subiects to their Soueraigne Prince : so this quarrelling therewith was nothing but a late vsurpation of Popes ( against the warrant of all Scriptures , ancient Counsels and Fathers ) vpon the temporall power of Kings , where with onely my Apologie doth meddle . But the publishing of this Booke of mine hath brought such two Answerers , or rather Raylers vpon me , as all the world may wonder at . For my Booke beeing first written in English , an English Oath beeing the subiect thereof , and the vse of it properly belonging to my subiects of England ; and immediatly thereafter being translated into Latine , vpon a desire that some had of further publishing it abroad it commeth home vnto me now answered in both the Languages . And , I thinke , if it had beene set forth in all the tongues that were at the confusion of Babel , it would haue beene returned answered in them all againe . Thus may a man see how busie a Bishop the Deuill is , and how he omitteth no diligence for venting of his poisoned wares . But herein their malice doth cleerely appeare , that they pay me so quickly with a double answere ; and yet haue neuer answered their owne Arch-priest , who hath written a booke for the maintenāce of the same Oath , and of the temporall authoritie of Kings , alledging a cloud of their owne Scoolemen against them . As for the English Answerer , my vnnaturall and fugitiue Subiect ; I will neither defile my pen , nor your sacred eies or eares with the describing of him , who ashames , nay , abhorres not to rayle , nay , to rage and spewe forth blasphemies against the late Queene of famous memorie . A Subiect to raile against his naturall Soueraigne by birth ; A man to rayle against a Lady by sexe ; A holy man ( in outward profession ) to insult vpon the dead ; nay , to take Radamanthus office ouer his head , and to sit downe and play the Iudge in hell ; And all his quarrell is , that either her Successour , or any of her Seruants should speake honourably of her . Cursed be he that curseth the Anointed of God : and destroyed mought he be with the destruction of Korah , that hath sinned in the contradiction of Korah . Without mought such dogs and swine be , cast forth , I say , out of the spirituall Ierusalem . As for my Latine Answerer , I haue nothing to say to his person ; he is not my Subiect ; he standeth or falleth vnto his owne Lord : But sure I am , they two haue casten lots vpon my Booke , since they could not diuide it : the one of them , my fugitiue , to rayle vpon my late Predecessor , ( but a rope is the fittest answere for such an Historian ; ) the other , a stranger , thinketh he may be boldest both to pay my person and my booke , as indeed hee doth ; which how iustly either in matter or maner , we are now to examine . But first , who should be the true Authour of this booke , I can but guesse . He calleth himselfe Matthaeus Tortus , Cardinal Bellarmins Chaplain . A a throwen Euangelist indeed , full of throward Diuinitie ; an obscure Authour , vtterly vnknowen to me , being yet little knowen to the world for any other of his works : and therefore must be a very desperate fellow in beginning his apprentisage , not only to refute , but to raile vppon a King. But who will consider the cariage of the whole booke , shall find that hee writeth with such authoritie , or at the least tam elato stylo , so little sparing either Kings in generall , or my person in particular ; and with such a greatnesse , b Habemus enim exemplaria Breuium illorum in manibus , and c Decernimus : as it shall appeare , or at least be very probable , that it is the Masters , and not the mans labour ; especially in one place , where he quarrelleth mee for casting vp his moralis certitudo and piè credi vnto him ; hee there grossely forgetting himselfe , saith , malâ fide nobiscum agit , thereby making this Authour to be one person with Bellarmine . But let it bee the worke of a Tortus indeed , and not of a personated Cardinall ; yet must it be the Cardinals deede , since Master Tortus is the Cardinals man , and doeth it in his masters defence . The errand then being the Cardinals , and done by his owne man it cannot but be accounted as his owne deed ; especially since the English Answerer doeth foure times promise , that Bellarmine , or one by his appointment , shall sufficiently answere it . And now to come to his matter and manner of Answere : Surely if there were no more but his vnmannerly manner , it is enough to disgrace the whole matter thereof . For first , to shew his pride , in his Printers preface of the Po●itan edition of this elegans libellus , he must equall the Cardinals greatnesse with mine in euery thing . For though he confesseth this Master Tortus to bee an obscure man ; yet being the Cardinals Chaplaine , he is sufficient enough forsooth to answere an English booke , that lacketh the name of an Authour : as if a personated obscure name for Auhour of a Cardinals booke , were a meet match for answering a Kings booke , that lacketh the name of an Authour ; and a Cardinals Chaplaine to meete with the Deane of the Kings Chappell , whome Parsons with the Cardinall haue ( as it seemeth ) agreed vpon to intitle to bee the Authour of my Apologie . And not onely in the Preface , but also through the whole Booke doeth he keepe this comparatiue greatnesse . He must bee as short in his answere , as I am in my booke , he must refute all that I haue said against the Popes second Breue , with equall breuity , and vpon one page almost , as I haue done mine : and because I haue set downe the substance of the Oath in 14. Articles in iust as many Articles must he set downe that Acte of Parliament of mine , wherein the Oath is contained : And yet , had hee contented himselfe with his owne pride , by the demonstration of his owne greatnesse , without further wronging of me , it had bene the more tol●rable . But what cause gaue I him to farce his whole booke with iniuries , both against my person and booke ? For whereas in all my Apologie I haue neuer giuen him a foule word , and especially neuer gaue him the Lye : he by the contrary giueth me nine times the Lye in expresse termes , and seuen times chargeth mee with a falshood , which phrase is equiualent with a Lye. And as for all other words of reproch ; as nugae , conuitia , temeritas , vanitas , impudentia , blasphemiae , sermonis barbaries , cum eadem foelicitate scribendi , cauillationes , applicatio inepta , fingere historias , audacia que in hominem sanae mentis cadere non potest , vel sensu cōmuni caret , imperitia & leuitas , omnem omnino pudorem & conscientiam exuisse , malâ fide nobiscum agit vt lectoribus per fas & nefas imponat : of such like reproches , I say , I doubt if there be a page in all his booke free , except where he idlely sets down the Popes Breues and his owne Letter . And in case this might onely seeme to touch the vnknowen Authour of the booke , whom notwithstanding he knew well enough , as I shew before ; he spareth not my Person with my owne name : sometimes saying , that Pope Clement thought me to be inclined to their Religion : sometimes , that I was a Puritane in Scotland , and a persecutor of Protestants . In one place he concludeth , Quia Iacobus non est Catholicus , hoc ipso Haereticus est . In another place , Ex Christiano Caluinistam fecerunt . In another place hee saith , Neque omnino verum est , Iacobum nunquam deseruisse Religionem quam primò susceperat . And in another place , after that hee hath compared and ranked me with Iulian the Apostate , he concludeth , Cum Catholicus non sit , neque Christianus est . If this now be mannerly dealing with a King , I leaue it to you to iudge , who cannot but resent such indignities done to one of your quality . And as for the matter of his booke , it well fits indeed the manner thereof : for he neuer answereth directly to the maine question in my booke . For whereas my Apologie handleth onely two points , as I told you before ; One , to proue that the Oath of Allegiance doeth onely meddle with the ciuil and temporal obedience , due by Subiects to their naturall Soueraignes ; The other , that this late vsurpation of Popes ouer the temporall power of Princes , is against the rule of all Scriptures , ancient Councels and Fathers : hee neuer improoues the first , but by a false inference ; that the Oath denieth the Popes power of excommunication directly , since it denyeth his authoritie in deposing of Kings . And for the second point , he bringeth no proofe to the contrary , but , Pasce oues meas : and , Tibi dabo claues regni coelorum : and , That no Catholike euer doubted of it . So as I may truely say of him , that he either vnderstandeth not , or at least will not seeme to vnderstand my Booke , in neuer directly answering the maine question , as I haue already sayd ; and so may I iustly turne ouer vpon himselfe that doome of ignorance , which in the beginning of his Booke he rashly pronounceth vpon me , saying that I neither vnderstand the Popes Breues , his Letter , nor the Oath it selfe ; And as hee delighteth to repeat ouer and ouer , I know not how oft , and triumpheth in this wrong inference of his ; That to deny the Popes power to depose Kings , 〈◊〉 ●o deny the Popes Primacie , and his spirituall power of Excommunication : So doeth he , vpon that ground of Pasce oues meas , giue the Pope so ample a power ouer Kings , to throne or dethrone them at his pleasure ( and yet onely subiecting Christian Kings to that slauerie ) as I doubt not but in your owne Honours yee will resent you of such indignities ; the rather since it concernes so many of you as professe the Romish religion , farre more then me . For since hee accounteth me an heretike , & like Iulian the Apostate ; I am consequently extra caulam , and none of the Popes flocke , and so am in the case of Ethnicke Princes , ouer whom he confesseth the Pope hath no power . But yee are in the Popes folde ; and you , that great Pastour may leade as sheepe to the slaughter , when it shall please him . And as the asses eares must be hornes , if the Lion list so to interpret it ; so must ye be remoued as scabbed sheepe from the flocke , if so be the Pope thinke you to be , though your skinne be indeed neuer so sound . Thus hath hee set such a new goodly interpretation vpon the words of CHRIST , Pasce oues meas , as if it were as much to say , as depose Christian Kings ; and that Quodcunque solueris gaue the Pope power to dispense with all sorts of Othes , Vowes , Penalties , Censurers & Lawes , euen with the naturall obedience of Subiects to their Souereigne Lords ; much like to that new coined glosse that his brother a Baronius made vpon the words in S. Peters vision , Surge Petre , occide & manduca ; That is , ( said hee to the Pope ) Goe kill and confound the Venetians . And because I haue in my Booke ( by citing a place in his controuersies ) discouered him to be a small friend to Kings , hee is much commoued . For whereas in his said Controuersies , speaking de Clericis , hee is so bold as to affirme , that Church-men are exempted from the power of earthly Kings ; and that they ought them no subiection euen in temporall matters , but onely virationis and in their owne discretion , for the preseruation of peace and good order ; because , I say , citing this place of his in my Booke , I tell with admiration , that he freeth all Church-men from any subiection to Kings , euen those that are their borne-Subiects : hee is angry with this phrase , and sayth it is an addition for breeding enuie vnto him , and raising of hatred against him . For saith hee , although Bellarmine affirmed generally , that Church-men were not subiect to earthly Kings ; yet did he not insert that particular clause [ though they were borne and dwelling in their dominions ] as if the words of Church-men and earthly Kings in generall imported not as much : for Layicks as well as Church-men are subiect to none but to their naturall Soueraigne . And yet doeth he not sticke to confesse that he meant it , though it was not fit ( he saith ) to be expressed . And thus quarrels hee me for reuealing his Printed secret . But whose hatred did he feare in this ? was it not yours ? Who haue interest , but KINGS , in the withdrawing of true Subiection from Kings ? And when the greatest Monarchs amongst you will remember , that almost the third part of your Subiects and of your Territories , is Church-men and Church-liuings ; I hope , yee will then consider and weigh , what a feather hee puls out of your wings , when he denudeth you of so many Subiects and their possessions , in the Popes fauour : nay , what bryers and thornes are left within the heart of your Dominions , when so populous and potent a partie shall haue their birth , education and liuelyhood in your Countries , and yet owe you no Subiection , nor acknowledge you for their SOVERAIGNES ? So as where the Church-men of old were content with their tythe of euery mans goods ; the Pope now will haue little lesse then the third part of euery Kings Subiects and Dominions . And as in this place so throughout all the rest of his booke , hee doeth nothing but amplifie the Popes power ouer Kings , and exaggerate my vnreasonable rigour for pressing this Oath ; which he will needes haue to bee nothing but a renewed Oath of Supremacie in more subtill and craftie termes onely to robbe the Pope of his Primacie and spirituall power : making his temporall power and authoritie ouer Princes , to bee one of the chiefe ARTICLES of the Catholike faith . But that it may the better appeare vnto you , that all my labour and intention in this errand , was onely to meddle with that due temporall Obedience which my Subiects owe vnto mee ; and not to entrap nor inthrall their Consciences , as he most falsly affirmes : Ye shall first see how farre other Godly and Christian Emperours and Kings were from acknowledging the Popes temporall Supremacie ouer them ; nay , haue created , controlled and deposed Popes : and next , what a number of my Predecessors in this Kingdome haue at al occasions , euen in the times of the greatest Greatnesse of Popes , resisted and plainely withstood them in this part . And first , all Christian Emperours were for a long time so farre from acknowledging the Popes Superioritie ouer them , as by the contrary the Popes acknowledged themselves for their Vassals , reuerencing and obeying the Emperours as their Lords ; for proofe whereof , I remit you to my Apologie . And for the creating of Popes ; the Emperours were in so long and continuall possession thereof , as I will vse for my first witnesse a Pope himselfe ; who ( in a a Synod of an hundreth fifty and three Bishops and Abbots ) did ordaine , That the Emperour CHARLES the Great should haue the Right of choosing the Pope , and ordaining the Apostolicall Seate , and the dignitie of the Romane Principalitie : nay , farther hee ordained , That all Archbishops and Bishops should receiue their Inuestiture from the Emperour , or els be of no auaile ; And , that a Bishop wanting it should not bee consecrate ; pronouncing an Anathema against all that should disobey this Sentence . And that the Emperours assent to the Popes Election was a thing ordinary for a long time , b Platina , and a number of the Popes owne writers beare witnesse : And c Bellarmine himselfe , in his booke of Controuersies , cannot get it handsomely denied . Nay , the Popes were euen forced then to pay a certaine summe of money to the Emperours for their Confirmation : And this lasted almost seuen hundreth yeeres after CHRIST ; witnesse d Sigebert and e Luitprandus , with other Popish Historians . And for Emperours deposing of Popes , there are likewise diuers examples . The Emperour f Ottho deposed Pope Iohn the twelfth of that name , for diuers crimes and vices ; especially of lecherie . The Emperour g Henry the third in a short time deposed three Popes ; Benedict the ninth , Siluester the third , and Gregory the sixt , as well for the sinne of Auarice , as for abusing their extraordinarie authoritie against Kings and Princes . And as for Kings that haue denied this temporall Superioritie of Popes ; First , we haue the vnanime testimonie of diuers famous Historiographers for the generall of many Christian Kingdomes . As , h Walthram testifieth That the Bishops of Spaine , Scotland , England , Hungary , from ancient institution till this moderne noueltie , had their Inuestiture by Kings , with peaceable inioying of their temporalities wholly and entirely ; and whosoeuer ( saith hee ) is peaceably solicitous , let him peruse the liues of the Ancients , and read the Histories , and hee shall vnderstand thus much . And for verification of this generall assertion ; we will first begin at the practise of the Kings of France , though not named by Walthram in this his enumeration of Kingdomes : amongst whom my first witnesse shall be that vulgarly knowen Letter of i Philip le Bel King of France to Pope Boniface the viij . the beginning whereof , after a scornefull salutation , is Sciat tua maxima fatuitas , nos in temporalibus nemini subesse . And likewise after that k Lewes the ninth , surnamed Sanctus , had by a publike instrument ( called Pragmatica Sanctio ) forbidden all the exactions of the Popes Court within his Realme : Pope Pius l the ij in the beginning of Lewes the eleuenth his time , greatly misliking this Decree so long before made , sent his Legate to the said King Lewes with Letters patents , vrging his promise which he had made when he was Dolphin of France , to repeale that Sanction if euer hee came to bee King. The King referreth the Legate ouer with his Letters-patents to the Councel of Paris : where the matter being propounded , was impugned by Ioan. Romanus , the Kings Atturney ; with whose opinion the Vniuersitie of Paris concurring , an Appeale was made from the attempts of the Pope to the next generall Councell ; the Cardinall departing with indignation . But that the Kings of France and Church therof haue euer stoken to their Gallican immunitie , in denying the Pope any temporall power ouer them , and in resisting the Popes as oft as euer they prest to meddle with their temporall power , euen in the donation of Benefices ; the Histories are so full of them , as the onely examples thereof would make vp a bigge Volume by it selfe . And so farre were the Sorbonists for the Kings and French Churches priuiledge in this point , as they were wont to maintain ; That if the Pope fell a quarrelling the King for that cause , the Gallican Church might elect a Patriarch of their owne , renouncing any obedience to the Pope . And Gerson was so farre from giuing the Pope that temporall authoritie ouer Kings ( who otherwise was a deuoute Roman Catholike ) as hee wrote a Booke de Auferibilitate Papae ; not onely from the power ouer Kings , but euen ouer the Church . And now permitting all further examples of forraigne Kings actions , I will onely content mee at this time with some of my owne Predecessors examples of this Kingdom of England , that it may thereby the more clearly appeare , that euen in those times , when the worlde was fullest of darkened blindnesse and ignorance , the Kings of England haue oftentimes , not only repined , but euen strongly resisted and withstoode this temporall vsurpation and encroachment of ambitious Popes . And I will first begin at o King Henry the first of that name , after the Conquest ; who after he was crowned gaue the Bishopricke of Winchester to William Gifford , and forthwith inuested him into all the possessions belonging to the Bishopricke , contrarie to the Canons of the new Synod , p King Henrie also gaue the Archbishopricke of Canterburie to Radulph Bishop of London ; and gaue him inuestiture by a Ring and a Crosiers staffe . Also Pope q Calixtus held a Councell at Rhemes , whither King Henry had appointed certaine Bishops of England and Normandie to goe ; Thurstan , also , elected Archbishop of Yorke , got leaue of the King to goe thither , giuing his faith that hee would not receiue Consecration of the Pope ; And comming to the Synode , by his liberal gifts ( as the fashion is ) wanne the Romanes fauour , and by their meanes obtained to bee Consecrate at the Popes hand . Which as soone as the King of England knewe , hee forbad him to come within his Dominions . Moreouer King Edward the first , prohibited the Abbot of r Waltham and Dean of Pauls , to collect a tenth of euery mans goods for a supply to the holy Land , which the Pope by three Bulles had committed to their charge ; and the said Deane of Pauls compering before the King and his Councell , promised for the reuerence he did beare vnto the King , not to meddle any more in that matter , without the Kings good leaue and permission . Here ( I hope ) a Church-man disobeyed the Pope from obedience to his Prince euen in Church matters : but this new Iesuited Diuinitie was not then knowen in the world . The same Edward I. impleaded the Deane of the Chappell of Vuluerhampton , because the said Deane had , against the priuiledges of the Kingdome , giuen a Prebend of the same Chappell to one at the Popes command : whereupon the said Deane compeered , and put himselfe in the Kings will for his offence . The said Edward I. depriued also the Bishop of Durham of all his liberties , for disobeying a prohibition of the Kings . So as it appeareth , the Kings in those dayes thought the Church men their SVBIECTS , though now wee be taught other Seraphicall doctrine . For further proofe whereof Iohn of Ibstocke was committed to the goale by the saide King , for hauing a suite in the Court of Rome seauen yeares for the Rectorie of Newchurch . And Edward II. following the footsteps of his Father ; after giuing out a Summons against the Abbot of Walden , for citing the Abbot of S. Albons and others in the Court of Rome , gaue out letters for his apprehension . And likewise , because a certaine Prebend of Banbury had drawen one Beuercoat by a Plea to Rome without the Kings Dominions , therefore were Letters of Caption sent foorth against the said Prebend . And Edward III. following likewise the example of his Predecessors ; Because a Parson of Liche had summoned the Prior of S. Oswalds before the Pope at Auinion ; for hauing before the Iudges in England recouered the arrerage of a pension ; directed a Precept , for seasing vpon all the goods both spirituall and Temporall of the said Parson , because hee had done this in preiudice of the King and Crowne . The saide King also made one Harwoden to bee declared culpable and worthy to bee punished , for procuring the Popes Bulles against a Iudgment that was giuen by the Kings Iudges . And likewise ; Because one entred vpon the Priory of Barnewell by the Popes Bull , the said Intrant was committed to the Tower of London , there to remaine during the Kings pleasure . So as my Predecessours ( ye see ) of this Kingdome , euen when the Popes triumphed in their greatnes , spared not to punish any of their Subiects , that would preferre the Popes obedience to theirs euen in Church matters : So farre were they then from either acknowledging the Pope for their temporal Superior , or yet from doubting that their owne Church-men were not their Subiects . And now I will close vp all these examples with an Act of Parliament in King Richard 2. his time ; whereby it was prohibited , That none should procure a Benefice from Rome , vnder paine to be put out of the Kings protection . And thus may yee see , that what those Kings successiuely one to another by foure generations haue acted in priuate , the same was also maintained by a publike Law. By these few examples now ( I hope ) I haue sufficiently cleared my selfe from the imputation , that any ambition or desire of Noueltie in mee should haue stirred me , either to robbe the Pope of any thing due vnto him , or to assume vnto my selfe any further authoritie , then that which other Christian Emperours and Kings through the world , and my owne Predecessours of England in especiall , haue long agone maintained . Neither is it enough to say ( as Parsons doeth in his answere to the Lord Cooke ) That farre more Kings of this Countrey haue giuen many more examples of acknowledging , or not resisting the Popes vsurped Authoritie ; some perchance lacking the occasion , and some the abilitie of resisting them : for euen by the ciuill Law , in the case of violent intrusion and long and wrongfull possession against mee , it is enough if I proue that I haue made lawfull interruption vpon conuenient occasions . But the Cardinall thinkes the Oath , not onely vnlawfull for the substance thereof , but also in regard of the Person whom vnto it is to bee sworne : For ( saith he ) The King is not a Catholike ; And in two or three other places of his booke , he sticketh not to call me by my name very broadly , an Heretike , as I haue already tolde . But yet before I be publikly declared an Heretike ; by the Popes owne Law my people ought not to refuse their Obedience vnto me . And ( I trust ) if I were but a Subiect , and accused by the Pope in his Conclaue before his Cardinals , he would haue hard prouing me an Heretike , if he iudged mee by their owne ancient Orders . For first , I am no Apostate , as the Cardinall would make mee ; not onely hauing euer been brought vp in that Religion which I presently professe , but euen my Father and Grandfather on that side professing the same : and so cannot be properly an Heretike by their owne doctrine , since I neuer was of their Church . And as for the Queene my Mother of worthie memorie , although she continued in that Religion wherin she was nourished , yet was shee so farre from being superstitious or Iesuited therein , that at my Baptisme ( although I was baptized by a Popish Archbishop ) shee sent him word to forbeare to vse the spettle in my Baptisme ; which was obeyed , being indeed a filthy and an apish trick , rather in scorne then imitation of CHRIST . And her owne very words were , That shee would not haue a pockie Priest to spet in her childs mouth . As also the Font wherin I was Christened , was sent from the late Queene heere of famous memorie , who was my Godmother ; and what her Religion was , Pius V. was not ignorant . And for further proofe , that that renowmed Queene my Mother was not superstitious , as in all her Letters ( whereof I receiued many ) she neuer made mention of Religion , nor laboured to perswade me in it ; so at her last words , she cōmanded her Master-houshold , a Scottish Gentleman my seruant , and yet aliue , shee commanded him ( I say ) to tell me ; That although she was of another Religion then that wherein I was brought vp ; yet she woud not presse me to change , except my owne conscience forced mee to it . For so that I led a good life , and were carefull to doe iustice and gouerne well , she doubted not but I would be in a good case with the profession of my owne Religion . Thus am I no Apostate , nor yet a deborder from that Religion which one part of my Parents professed , and an other part gaue me good allowance of . Neither can my Baptisme in the rites of their Religion make me an Apostate , or Heretike in respect of my present profession , since wee all agree in the substance thereof , being all baptized In the Name of the Father , the Sonne , and the holy Ghost : vpon which head there is no variance amongst vs. And now for the point of Heretike , I will neuer bee ashamed to render an account of my profession , and of that hope that is in me , as the Apostle prescribeth . I am such a CATHOLIKE CHRISTIAN , as beleeueth the three Creeds ; That of the Apostles , that of the Councell of Nice , and that of Athanasius ; the two latter being Paraphrases to the former : And I beleeue them in that sense , as the ancient Fathers and Councels that made them did vnderstand them . To which three Creedes all the Ministers of England doe subscribe at their Ordination . And I also acknowledge for Orthodoxe all those other formes of Creeds , that either were deuised by Councels or paticular Fathers , against such particular Heresies , as most reigned in their times . I reuerence and admit the foure first generall Councels as Catholike and Orthodoxe . And the said foure generall Councels are acknowledged by our Acts of Parliament , and receiued for Orthodoxe by our Church . As for the Fathers , I reuerence them as much and more then the Iesuites doe , and as much as themselues euer craued . For what euer the Fathers for the first fiue hundreth yeeres did with an vnanime consent agree vpon , to be beleeued as a necessary point of saluation , I either will beleeue it also , or at least will be humbly silent ; not taking vpon me to condemne the same : But for euery priuate Fathers opinion , it bindes not my conscience more then Bellarmines ; euery one of the Fathers vsually contradicting others . I wil therefore in that case follow S. a Augustines rule in iudging of their opinions , as I finde them agree with the Scriptures : what I find agreeable thereunto I will gladly imbrace ; what is otherwise I will ( with their reuerence ) reiect . As for the Scriptures ; no man doubteth I will beleeue them . But euen for the Apocrypha ; I hold them in the same account that the Ancients did . They are still printed and bound with our Bibles , and publikely read in our Churches . I reuerence them as the writings of holy and good men : but since they are not found in the Canon , we account them to be secundae lectionis , or b ordinis ( which is Bellarmines owne distinction ) and therefore not sufficient whereupon alone to ground any article of Faith , except it be confirmed by some other place of Canonicall Scripture ; Concluding this point with Ruffinus ( who is no Nouelist , I hope ) That the Apocryphall Bookes were by the Fathers permitted to be read ; not for Confirmation of Doctrine , but onely for instruction of the people . As for the Saints departed ; I honour their memory , and in the honour of them doe we in our Church obserue the dayes of so many of them , as the Scripture doth canonize for Saints ; but I am loath to beleeue all the tales of the Legended Saints . And first for the blessed Virgin MARIE , I yeeld her that which the Angel Gabriel pronounced of her , and which in her Canticle shee prophecied of her selfe : that is , That a she is blessed amongst women , and b That all generations shall call her blessed . I reuerence her as the Mother of CHRIST , whom of our Sauiour tooke his flesh , and so the Mother of GOD , since the Diuinitie and Humanitie of CHRIST are inseparable . And I freely confesse , that shee is in glory both aboue Angels and men , her owne Sonne ( that is both GOD and man ) only excepted . But I dare not mocke her and blaspheme against GOD , calling her not onely Diua but Dea , and praying her to command and controule her Sonne , who is her GOD , and her SAVIOVR . Nor yet can I thinke , that she hath no other thing to doe in heauen , then to heare euery idle mans suite and busie her selfe in their errands ; whiles requesting , whiles commaunding her sonne , whiles comming downe to kisse and make loue with Priests , and whiles disputing and brawling with Deuils . In heauen she is in eternall glory and ioy , neuer to bee interrupted with any worldly busines ; and there I leaue her with her blessed SONNE our Sauiour and hers in eternall felicitie . As for Prayer to Saints ; Christ ( I am sure ) hath commaunded vs to Come all to him that are loaden with sinne , and hee will relieue vs : and S. Paul hath forbidden vs to worship Angels , or to vse any such voluntary worship , that hath a shew of humilitie in that it spareth not the flesh . But what warrant wee haue to haue recourse vnto these Dij Penates or Tutelares , these Courtiers of God , I know not ; I remit that to these philosophicall neoterike Diuines . It satisfieth me to pray to God through Christ as I am commanded , which I am sure must bee the safest way ; and I am sure the Safest way is the best way in points of saluation . But if the Romish Church hath coined new articles of faith , neuer heard of in the first 500. yeeres after Christ , I hope I shal neuer be condemned for an Heretike , for not being a Nouelist . Such are the priuate Masses , where the Priest playeth the part both of the Priest and of the people ; And such are the Amputation of the one halfe of the Sacrament from the people ; The Transsubstantiation , Eleuation for Adoration , and Circumportation in procession of the Sacrament ; the works of Supererogation , rightly named Thesaurus Ecclesiae , the baptising of Bels , and a thousand other trickes : But aboue all the worshipping of Images . If my faith bee weake in these , I confesse I had rather beleeue too litle then too much . And yet since I beleeue as much as the Scriptures do warrant , the Creeds do perswade , and the ancient Councels decreed , I may well be a Schismatike from Rome , but I am sure I am no Heretike . For Reliques of Saints , If I had any such that I were assured were members of their bodies I would honorably bury them , and not giue them the reward of condemned mens members , which are onely ordained to be depriued of buriall : But for worshipping either them or Images , I must account it damnable idolatry . I am no Iconomachus , I quarrell not the making of Images , either for publike decoration , or for mens priuate vses : But that they should be worshipped , bee prayed to , or any holinesse attributed vnto them , was neuer knowen of the Ancients : and the Scriptures are so directly , vehemently and punctually against it , as I wonder what braine of man , or suggestion of Sathan durst offer it to Christians ; and all must be salued with nice Philosophicall distinctions : As , Idolum nihil est : and , They worship ( forsooth ) the Images of things in being , and the Image of the true GOD. But the Scripture forbiddeth to worship the Image of any thing that GOD created . It was not a nihil then that GOD forbade onely to be worshipped , neither was the brasen Serpent , nor the body of Moses a nihil ; and yet the one was destroyed , and the other hidden for eschewing of Idolatrie . Yea , the Image of GOD himselfe is not onely expresly forbidden to be worshipped , but euen to be made . The reason is giuen , That no eye euer saw GOD ; and how can wee paint his face , when Moses ( the man that euer was most familiar with GOD ) neuer saw but his backe parts ? Surely , since he cannot bee draawen to the viue , it is a thankelesse labour to marre it with a false representation ; which no Prince , nor scarce any other man will be contented with in their owne pictures . Let them therefore that maintaine this Doctrine , answere it to CHRIST at the latter day , when he shall accuse them of Idolatry ; And then I doubt if he will be payed with such nice sophisticall Distinctions . But Christs Crosse must haue a particular priuiledge ( say they ) and bee worshipped ratione contactus . But first we must know what kinde of touching of Christs body drew a vertue from it ; whether euery touching , or only touching by faith ? That euery touching of his body drew not vertue from it , is more then manifest . When a the woman in the bloody flux touched him , shee was healed by her faith : But Peter then tolde him that a crowd and throng of many people then touched him ; and yet none of them receiued any benefit or vertue from him . Iudas touched him many and many a time , besides his last kisse ; so did the villaines that buffeted and crucified him , and yet I may safely pronounce them accursed , that would bestow any worshippe vpon their reliques : yea , wee cannot denie but the land of Canaan it selfe ( whereupon our Lord did daily tread ) is so visibly accursed , being gouerned by faithlesse Turkes , full of innumerable sects of hereticall Christians , and the very fertilitie thereof so far degenerated into a pitiful sterilitie , as he must be accursed that accounteth it blessed . Nay , when a certaine woman blessed the belly that bare Christ , and the breasts that gaue him sucke ; Nay rather ( saith he ) Blessed are those that heare the Word of God and keepe it . Except then they could first prooue that Christ had resolued to blesse that tree of the Crosse whereupon he was nailed ; they can neuer proue that his touching it could giue it any vertue . And put the case it had a vertue of doing miracles , as Peters sh●dow had , yet doth it not follow , that it is lawfull to worship it , which Peter would neuer accept of . Surely the Prophets that in so many places curse those that worship Images that haue eyes and see not , that haue eares and heare not , would much more haue cursed them that worship a piece of a sticke , th●t hath not so much as any resemblance or representation of eyes or eares . As for Pugatorie and all the * trash depending thereupon , it is not worth the talking of , Bellarmine cannot finde any ground for it in all the Scriptures . Onely I would pray him to tell me ; If that faire greene Meadow that is in Purgatorie , haue a brooke running thorow it , that in case I come there , I may haue hawking vpon it . But as for me ; I am sure there is a Heauen and a Hell , praemium & poena , for the Elect and reprobate : How many other roomes there bee , I am not on God his counsell . Multae sunt mansiones in domo Patris mei , saith CHRIST who is the true Purgatorie for our sinnes : But how many chambers and anti-chambers the Deuill hath , they can best tell that goe to him : But in case there were more places for soules to goe to then wee know of , yet let vs content vs with that which in his Word hee hath reuealed vnto vs , and not inquire further into his secrets . Heauen and Hell are there reuealed to be the eternall home of all mankinde : let vs indeauour to winne the one and eschew the other ; and there is an end . Now in all this discourse haue I yet left out the maine Article of the Romish faith ; and that is the Head of the Church or Peters Primacie ; for who denieth this , denieth fidem Catholicam , saith Bellarmine . That Bishops ought to be in the Church , I euer maintained it , as an Apostolike institution , and so the ordinance of GOD ; contrary to the Puritanes , and likewise to a Bellarmine ; who denies that Bishops haue their Iurisdiction immediatly from God. ( But it is no wonder he takes the Puritanes part , since Iesuits are nothing but Puritan-Papists , ) And as I euer maintained the state of Bishops and the Ecclesiasticall Hierarchie for order sake ; so was I euer an enemy to the confused Anarchie or paritie of the Puritanes , as well appeareth in my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Heauen is gouerned by order , and all the good Angels there ; nay , Hell it selfe could not subsist without some order ; And the very Deuils are diuided into Legions and haue their chiefetaines : how can any societie then vpon earth subsist without order and degrees ? And therefore I cannot enough wonder with what brasen face this Answerer could say , That I was a Puritane in Scotland , and an enemy to Protestants : I that was persecuted by Puritanes there , not from my birth only , but euen since foure moneths before my birth ? I that in the yeere of GOD 84 erected Bishops , and depressed all their popular Paritie , I then being not 18. yeeres of age ? I that in my said Booke to my Sonne , doe speake tenne times more bitterly of them nor of the Papists ; hauing in my second Edition therof affixed a long Apologetike Preface , onely in odium Puritanorum ? and I that for the space of sixe yeares before my comming into England , laboured nothing so much as to depresse their Paritie , and re-erect Bishops againe ? Nay , if the daily Commentaries of my life and actions in Scotland , were written ( as Iulius Caesars were ) there would scarcely a moneth passe in all my life , since my entring into the 13. yeare of my age , wherein some accident or other would not conuince the Cardinall of a lye in this point . And surely I giue a faire commendation to the Puraitnes in that place of my booke , where I affirme that I haue found greater honesty with the high-land and border theeues , then with that sort of people . But leauing him to his own impudence , I returne to my purpose . Of Bishops and Church Hierarchie I very well allowe ( as I saide before ) and likewise of Rancks and Degrees amongst Bishops . Patriarches ( I know ) were in the time of the Primitiue Church , and I likewise reuerence that institution for order sake : and amongst them was a contention for the first place . And for my selfe ( if that were yet the question ) I would with all my heart giue my consent that the Bishop of Rome should haue the first Seate : I being a Westerne King would go with the Patriarch of the West . And for his temporall Principalitie ouer the Signory of Rome , I doe not quarrell it neither ; let him in God his Name be Primus Episcopus inter omnes Episcopos , and Princeps Episcoporum ; so it be no other wise but as Peter was Princeps Apostolorum . But as I well allow of the Hierarchie of the Church for distinction of Orders ( for so I vnderstand it ) so I vtterly denie that there is an earthly Monarch thereof , whose word must be a Law , and who cannot erre in his Sentence , by an infallibilitie of Spirit . Because earthly Kingdomes must haue earthly Monarches ; it doeth not follow , that the Church must haue a visible Monarch too : for the world hath not ONE earthly temporall Monarch . CHRIST is his Churches Monarch , and the holy Ghost his Deputie : Reges gentium dominantur eorū , vos autem non sic . CHRIST did not promise before his ascension , to leaue Peter with them to direct and instruct them in all things ; but hee promised to send the holy Ghost vnto them for that end . And as for these two before cited places , wherby Bellarmine maketh the Pope to triumph ouer Kings ; I meane Pasce oues , and Tibi dabo claues : the Cardinall knowes well enough , that the same words of Tibi dabo , are in another place spoken by Christ in the plural number . And he likewise knowes what reason the Ancients doe giue , why Christ bade Peter pascere oues : and also what a cloude of witnesses there is , both of Ancients , and euen of late Popish writers , yea diuers Cardinals , that do all agree that both these speeches vsed to Peter , were meant to all the Apostles represented in his person : Otherwise how could Paul direct the Church of Corinth to excommunicate the incestuous person cum spiritu suo , whereas hee should then haue said , cum spiritu Petri ? And how could all the Apostles haue otherwise vsed all their censures , only in Christs Name , and neuer a word of his Vicar ? Peter ( wee reade ) did in all the Apostles meetings sit amongst them as one of their number : And when chosen men were sent to Anti●chia from that great Apostolike Councell at Ierusalem ( Acts 15. ) The text saith , It seemed good to the Apostles and Elders with the whole Church , to send chosen men , but no mention made of the Head therof ; and so in their Letters no mention is made of Peter , but onely of the Apostles , Elders , and Brethren . And it is a wonder , why Paul rebuketh the Church of Corinth for making exception of Persons , because some followed Paul , some Apollos , some Cephas , if Peter was their visible Head , for then those that followed not Peter or Cephas , renounced the Catholike faith . But it appeareth well that Paul knew little of our new doctrine , since he handleth Peter so rudely , as he not onely compareth but preferreth himself vnto him . But our Cardinall prooues Peters superioritie , by Pauls going to visite him . Indeed Paul saith , hee went to Ierusalem to visite Peter , and conferre with him ; but he should haue added , and to kisse his feet . To conclude then , The truth is that Peter was both in age , and in the time of CHRISTS calling him , one of the first of the Apostles ; In order the principall of the first twelue , and one of the three whom CHRIST for order sake preferred to al the rest . And no further did the Bishop of Rome claime for three hundred yeares after CHRIST : Subiect they were to the generall Councels , and euen but of late did the Councell of Constance depose three Popes , and set vp the fourth . And vntil Phocas dayes ( that murthered his master ) were they subiect to Emperours . But how they are now come to be Christs Vicars , nay Gods on earth , triple-Crowned , Kings of heauen , earth and hell , Iudges of all the world , and none to iudge them , Heads of the fayth , Absolute deciders of all Controuersies by the infallibility of their spirit , hauing all power both Spirituall and Temporall in their hands , the high Bishops , Monarches of the whole earth , Superiours to all Emperours and Kings ; yea , Supreme Vice-gods , who whether they will or not cannot erre : how they are now come ( I say ) to this toppe of greatnesse , I know not : but sure I am , Wee that are KINGS haue greatest neede to looke vnto it . As for mee , Paul and Peter I know , but these men I know not : And yet to doubt of this , is to denie the Catholique faith ; Nay , the world it selfe must be turned vpside downe , and the order of Nature inuerted ( making the left hand to haue the place before the Right , and the last named to be the first in honour ) that this primacie may be maintained . Thus haue I now made a free Confession of my Faith : And ( I hope ) I haue fully cleared my selfe from being an Apostate ; and as far from being an Heretike , as one may bee that beleeueth the Scriptures , and the three Creedes , and acknowledgeth the foure first generall Councels . If I bee loath to beleeue too much , especially of Nouelties , men of greater knowledge may well pitie my weakenesse ; but I am sure none will condemne me for an Heretike , saue such as make the Pope their God ; and thinke him such a speaking Scripture , as they can define Heresie no otherwise , but to bee whatsoeuer Opinion is maintained against the Popes definition of faith . And I will sincerely promise , that when euer any point of the Religion I professe , shal be proued to be new , and not Ancient , Catholike , and Apostolike ( I meane for matter of Faith ) I will as soone renounce it ; closing vp this head with the Maxime of Vincentius Lirinensis , that I will neuer refuse to imbrace any opinion in Diuinity necessary to saluation , which the whole Catholike Church with an vnanime consent , haue constantly taught and beleeued euen from the Apostles daies , for the space of many ages thereafter without interruption . But in the Cardinals opinion , I haue shewed my selfe an Heretike ( I am sure ) in playing with the name of Babylon , and the Towne vpon seuen hils ; as if I would infinuate Rome at this present to bee spiritually Babylon . And yet that Rome is called Babylon , both in S. Peters Epistle and in the Apocalyps , our Answerer freely confesseth . As for the definition of the Antichrist , I wil not vrge so obscure a point , as a matter of Faith to be necessarily beleeued of al Christians ; but what I thinke herein , I will simply declare . That there must be an ANTICHRIST , and in his time a generall Defection ; we all agree . But the Time , Seat , and Person of this Antichrist , are the chiefe Questions whereupon we differ : and for that , wee must search the Scriptures for our resolution . As for my opinion ; I thinke S. Paul in the 2. to the Thessalonians doeth vtter more clearely that which S. ●ohn speaketh more mystically of the Antichrist . First that in that place he meaneth the Antichrist , it is plain , since he saith there must be first a Defection ; and that in the Antichrists time onely that eclipse of Defection must fall vpon the Church , all the Romish Catholikes are strong enough : otherwise their Church must be daily subiect to erre , which is cleane contrary to their maine doctrine . Then d●scribing him ( he saith ) that The man of Sin , Filius perditionis , shal exalt himselfe aboue all that is called God. But who these be whom of the Psalmist saith Dixi , vos Dijestis , Bellarmine can tell . In old Diuinitie it was wont to be Kings : Bellarmine wil adde Church-men ; Let it be both . It is well enough knowen , who now exalteth himselfe aboue both the swords . And after that S. Paul hath thus described the Person , he next describeth the Seat ; and telleth that He shall sit in the Temple of GOD , that is , the bosome of the Church ; yea , in the very heart thereof . Now where this Apostolike Seat is , I leaue it to be guessed : And likewise who it is that sitting there , sheweth himselfe to be God ; pardoning sinnes , redeeming Soules , and defining Faith , controuling and iudging all men , and to be iudged of none . Anent the Time , S. Paul is plainest of all . For he calleth the Thessalonians to memo●y , That when he was with them hee told them these things : and therefore they know ( saith hee ) what the impediment was , and who did withhold that the man of sinne was not reuealed , although the mystery of iniquitie was already working . That the Romane Emperours in S. Pauls time needed no reuealing to the Christians to be men of Sinne or sinfull men , no child doubteth : but the reuelation he speaketh of was a mysterie , a secret ; It should therefore seeme that hee durst not publish in his Epistle what that impediment was . It may be hee meant by the translating of the Seate of the Romane Empire , and that the translation there of should leaue a roume for the man of Sinne to sit downe in . And that he meant not that man of Sinne of these Ethnicke Emperours in his time , his introduction to this discourse maketh it more then manifest . For he saith ( fearing they should be deceiued , thinking the day of the Lords second comming to be at hand ) he hath therefore thought good to forewarne them that this generall Defection must first come . Whereby it well appeareth that hee could not meane by the present time but by a future , and that a good long time . otherwise he proued ill his argument , that the Lords comming was not at hand . Neither can the forme of the Destruction of this man of Sinne agree with that maner of spoile , that the Gothes & Vandals made of * Ethnick Rome . For our Apostle saith , a That this wicked man shal be consumed by the Spirit of the Lords mouth , and abolished by his comming . Now I would thinke that the word of God and the Preaching thereof , should bee meant by the Spirit of the Lords mouth , which should peece and peece consume and diminish the power of that man of Sinne , till the brightnesse of the Lordes second comming , should vtterly abolish him . And by his expressing the meanes of his working , he doeth likewise ( in my opinion ) explane his meaning very much . For he saith , It shall be by a strong delusion , by lying wonders , &c. Well , what Church it is that vanteth them of their innumerable miracles , and yet most of them contrary to their owne doctrine : Bellarmine can best tell you with his hungry Mare , that turned her taile to her prouender and kneeled to the Sacrament ; And yet ( I am sure ) he wil be ashamed to say , that the holy Sacrament is ordeined to be worshipped by Oues & Boues , & caetera pecora campi . Thus haue I prooued out of S. Paul now , that the time of the Antichrists comming , and the generall Defection was not to bee till long after the time that he wrote in ; That his Seat was to be in the Temple and Church of God ; and , That his Action ( which can best poynt at his Person ) should be to exalt himselfe aboue all that were called Gods. S. Iohn indeed doth more amply , though mystically describe this Antichrist , which vnder the figure of a monstrous Beast , with seuen heads and ten hornes , he sets forth in the xiij . chap. and then interpreteth in the xvij . where he cals her a Whore sitting vpon many waters , and riding vpon the saide monstrous Beast ; concluding that Chapter with calling that Woman , that great city which reigneth ouer the Kings of the earth . And both in that Chapter , and in the beginning of the next , hee calles that great City , Babylon . So as to continue herein my formerly proposed Methode , of the Time , Seat , and Person of Antichrist ; this place doth clearely and vndeniably declare that Rome is , or shal be the Seat of that Antichrist . For first , no Papist now denieth that by Babylon here Rome is directly meant ; and that this Woman is the Antichrist , doeth clearely appeare by the time of his working ( described by 42. moneths in the xiij . Chap. ) which doeth iustly agree with that three yeeres and a halfes time , which all the Papistes giue to the Reigne of Antichrist . Besides that , the Beast it selfe with seuen heads and ten hornes , hauing one of her heads wounded and healed againe , is described iust alike in the xiij . and xvij . chap. being in the former prooued to be the Antichrist by the time of her reigne ; and in the latter Rome by the name of Babylon , by the confession of all the Papists : so as one point is now cleare , that Rome is the Seat of the Antichrist . Neither will that place in the xj . Chap. serue to shift off this poynt , and proue the Antichrists Seate to bee in Ierusalem , where it is saide ; That the Corpses of the Witnesses shall lie in the great Citie , spiritually Sodome and Egypt , where our Lord also was crucified . For the word spiritually is applied both to Sodome , Egypt , and Ierusalem in that place ; And when he hath named Sodome and Egypt , hee doeth not subioyne Ierusalem with a single vbi ; but with an vbi & , as if hee would say ; and this Antichrists abomination shall bee so great , as his Seate shall be as full of Spirituall whoredomes and Idolatries , as Sodome and Egypt was ; nay , and so bloodie in the persecution of the Saints , as our Lord shall bee crucified againe in his members . And who hath so meanely read the Scriptures ( if he haue euer read them at all ) that knoweth it not to bee a common phrase in them , to call CHRIST persecuted and slaine , when his Saints are so vsed ? So did CHRIST say , speaking of the latter day ; and in the same style did hee speake to S. Paul at his conuersion . And that Babylon , or Rome ( since Bellarmine is contented it bee so called ) is that great Citie , where our Lord was crucified , the last verse of the xviij . Chap. doeth also clearely proue it . For there it is said , That in that Citie was found the blood of the Prophets , & of the Saints , and of all that were slaine vpon the earth ; and I hope CHRIST was one of them that were slaine vpon the earth . And besides that , it may well bee saide that hee was slaine in that great Citie Babylon , since by the Romane authoritie he was put to death , vnder a Romane Iudge , and for a Romane quarrell : for he could not bee a friend to Caesar , that was not his enemie . This poynt now being cleared of the Antichrists Seate , as I haue already sayd ; wee are next to find out the Time when the Antichrist shall raigne , if it bee not already come . In the xiij . Chap. S. Iohn saith , that this Beast with the seuen heads and tenne hornes , had one of his heads wounded and healed againe ; and interpreting that in the xvij . hee saith , that these seuen heads are also seuen Kings , whereof fiue are fallen , one is , and an other is not yet come , and when he commeth hee shall continue a short space . And the beast that was and is not , is the eight , and yet one of the seuen . By which Beast hee meaneth the Antichrist , who was not then come , I meane in the Apostles dayes , but was to come after . So as betweene the time of the Apostles and the ende of the world , must the Time of the Antichrists comming be ; and with this the Papists doe also agree . Whereby it appeareth that Babylon , which is Rome , shall bee the Seate of the Antichrist ; but not that Ethnicke Rome which was in the Apostles dayes ( for Iohn himselfe professeth that he is to write of nothing , but that which is to come after his time . ) Nor yet that turning Christian Rome while she was in the conuerting , which immediatly followed the Apostles time , glorious by the Martyrdome of so many godly Bishops : But that Antichristian Rome , when as the Antichrist shall set downe his seat there ; after that by the working of that Mysterie of iniquitie , Christian Rome shall become to bee corrupted ; and so that deadly wound , which the Gothes and Vandales gaue Rome , shall be cured in that Head or King , the Antichrist , who thereafter shall arise & reigne for a long space . But here it may be obiected , that the Antichrist cannot reigne a long space ; since S. Iohn saith in two or three sundry places , that the Antichrist shall worke but the space of three yeeres and a halfe . Surely who will but a little acquaint himselfe with the phrases and Style of S. Iohn in his Apocalyps , shall finde that he doeth ordinarily set downe numerum certum pro incerto . So doeth he in his twelue thousand of euery tribe that will be safe ; so doeth hee in his Army of two hundred thousand , that were sent to kill the third part of the men , and so doeth hee in diuers other places . And therefore who will but remember that in all his Visions in the said Booke , hee directly imitates the fashions of the Prophet Ezekiels , Daniels , and Zacharies Visions ( borowing their phrases that prophecied before CHRIST , to vtter his Prophecies in , that was to speake of the last dayes ) shall finde it very probable that in these three dayes and a halfe hee imitated Daniels Weekes , accounting for his Week the time between CHRISTS first and second comming , and making Antichrist to triumph the halfe of that time or spirituall Weeke . For as to that literall interpretation ( as all the Papists make it ) of three yeeres and a halfe , and that time to fall out directly the very last dayes , saue fiue and fortie , before CHRIST his second comming , it is directly repugnant to the whole New Testament . For CHRIST saith , That in the latter dayes men shall be feasting , marrying , & at all such worldly finesse , when the last houre shall come in a clappe vpon them ; One shall bee at the Mill. One vpon the toppe of the house , and so foorth . CHRIST telleth a Parable of the fiue foolish Virgins to shew the vnlooked-for comming of this houre ; Nay , he saith the Sonne of man , nor the Angels in heauen know not this time . S. Peter biddeth vs WATCH AND PRAY , euer awaiting vpon that houre . And S. Iohn in this same Apocalyps doeth a twise tell vs , that CHRIST will come as a theefe in the night ; And so doeth CHRIST say in the b Euangel . Whereas if the Antichrist shall reigne three yeeres and a halfe before the latter day , and that there shall be but iust 45. daies of time after his destruction ; then shall not the iust day and houre of the latter day , be vnknowen to them that shall be aliue in the world at the time of Antichrists destruction . For first according to the Papists doctrine , all the world shall know him to be the Antichist , both by the two Witnesses doctrine , and his sudden destruction ; And consequently they cannot be ignorant , that the latter day shal come iust 45. dayes after : and so CHRIST shal not come as a theefe , nor the world be taken at vnawares ; contrary to all the Scriptures before alleadged , and many more . And thus haue wee proued Rome to be the Seat of the Antichrist , and the second halfe of that spiritual Weeke between the first and second comming of CHRIST , to be the time of his Reigne . For in the first halfe thereof the mystery of iniquitie beganne to worke ; but the man of sinne was not yet reuealed . But who these witnesses should be is a great question . The generall conceit of the Papists is , that it must be Enoch and Elias : And herein is Bellarmine so strong , as hee thinketh him in a great error ( if not an Heretike ) that doubteth of it . But the vanitie of this Iewish fable I wil in few words discouer . The Cardinall , in his booke of Controuersies bringeth sowerplaces of Scripture for probation of this idle dreame : two in the Olde Testament , Malachie and Ecclesiasticus , and two in the New , CHRIST in Matthew ( hee might haue added Marke too ) and Iohn in the xi . of the Apocalyps . First , for the generall of all those places , I dare boldly affirme , That there is not a word in them , nor in all the rest of the Scriptures that saith , that either Enoch or Elias shall returne to fight against Antichrist , and shall be slaine by him , nor any such like matter . Next as to euery place in particular , to beginne with Malachie , I know not who can better interprete him then CHRIST , who twise in Matthew , chap. xi . and xvij . and once in Marke tels both the multitude , and his owne Disciples , that Iohn Baptist was that promised Elias . And herein doth Bellarmine deale most vnfaithfully with CHRIST : for his demonstration that Antichrist is not yet come , because E●och and Elias are not yet returned ; hee , for his probation thereof , citeth these wordes of Christ in the xvij of Matthew , Elias shall indeed come and restore all things ; but omits his very next words interpreting the same , That he is alreadie come in the person of Iohn Baptist . Nay , wherby he taketh vpon him to answere Biblianders obiection , that CHRIST did by Iohn the Baptist , vnderstand the prophecie of Elias comming to be accomplished , he picketh out the words , Qui habet aures , audiat , in the xi . of Matthew , immediatly following that purpose of Elias , making of them a great mystery : and neuer taketh knowledge , that in the xvij . by him selfe before alledged , CHRIST doth interpret Malachy in the same maner without any subioyning of these words , Qui habet aures , audiat ; adioyning shamelesly hereunto a fowle Paraphrase of his owne , telling vs what CHRIST would haue saide ; nay , in my conscience , hee meant what CHRIST should and ought to haue said , if he had beene a good Catholike , setting downe there a glosse of Orleance that destroyes the Text. Thus ye see , how shamefully he abuseth CHRISTS wordes , who in three sundry places ( as I haue said ) interpreteth the second comming of Elias to be meant by Iohn the Baptist . Hee likewise cauils most dishonestly vpon that word Venturus . For CHRIST vseth that word but in the repeating their opinion : but interpreting it , that hee was alreadie come in the person of Iohn Baptist . As if hee had said , The prophesie is indeed true that Elias shall come ; but I say vnto you that Elias iam venit , meaning of Iohn Baptist : and so he first repeates the words of the Prophesie in the future time , as the Prophet spake them and next sheweth them to be now accomplished in the Person of Iohn , in the present time . Neither can these words of Malachie [ Dies magnus & horribilis ] falsifie CHRISTS Commentarie vpon him . For if that day whereupon the Sauiour of the world suffered , when the a Sunne was totally obscured from the sixt houre to the ninth ; the vaile of the Temple rent asunder from the top to the bottome ; and the earth did quake , the stones were clouen , the graues did open themselues and the dead arose· If that day ( I say ) was not a great and horrible day , I know not what to cal a horrible day . Which day no doubt had destroyed the whole nation of the Iewes without exception by a iust Anatheme , if the said Iohn the fore runner had not first conuerted many , by the doctrine of Repentance and by Baptisme . But why should I presume any more to interprete Malachy , since it is sufficient that CHRIST himselfe hath interpreted him so ? And since Ipse dixit ; nay , ter dixit , per quem facta sunt omnia , what mortall man dare interprete him otherwise ; nay , directly contrary ? Now for that place of Ecclesiasticus ; as the sonne of Syrach onely borroweth it from Malachie ( as appeareth by these wordes of his , of conuerting the sonnes hearts to their Fathers , which are Malachies owne words ) so doth CHRISTS Comentary serue as well to interprete the one as the other : it being no shame for that mortall Iesus to bee commented and interpreted by the immortall and true IESVS , though to the shame and confusion of the Iesuits heresies herein . But Enoch must bee ioyned to Elias in this errand , onely to beare vp the couples , as I thinke . For no place of Scripture speaketh of his returning againe , only it is said in Ecclesiasticus the xliiij , that Enoch pleased GOD , and was translated to Paradise , vt daret Gentibus sapientiam , or poenitentiam ; since they will haue it so . And what is this to say ? marry that Enoch shall returne againe to this worlde , and fight against the Antichrist . A prettie large Comment indeed , but no right Commentary vpon that Text. When Bellarmine was talking of Elias ; he insisted , That Elias must come to conuert the Iewes principally , restituere tribus Iacob . But when he speaketh here of Enoch , he must dare Gentibus poenitentiam , and not a word of Iewes . Belike they shal come for sundry errands , and not both for one : Or like Paul and Peter , the one shall be Apostle for the Iewes , and the other for the Gentiles . What need such wilde racked Commentaries for such three wordes ? Will not the sense stand well and clearely enough , that Enoch pleased GOD and was translated to Paradise ; that by the example of his reward , the Nations might repent and imitate his holy footsteps ? For what could more mightily perswade the Nations to repent ; then by letting them see that holy Man carried quicke vp to Heauen , for reward of his vprightnesse ; whereas all the rest of the people died and went to corruption ? And where Scripture faileth , the Cardinall must helpe himselfe with the Fathers , to proue both that Enoch and Elias are yet aliue , and that they shall hereafter die ; but with the like felicitie , as in his alledging of Scriptures ; to vse his owne wordes of me in his a pamphlet . For which purpose hee citeth fiue Fathers ; Irenaeus , Tertullian , Epiphanius , Hierome and Agustine . Vpon this they all agree in deed , that Enoch and Elias are still aliue both , which no Christian ( I hope ) will denie . For Abraham , Isaac , and Iacob are all still aliue , as Christ telleth vs ; for God is Deus viuentium , non mortuorum . Much more then are Enoch and Elias aliue , who neuer tasted of death after the manner of other men . But as to the next point , that they should die hereafter , his first two witnesses , Irenaeus and Tertullian say the direct contrary . For Irenaeus saith , that they shall remaine in Paradise till the consummation , conspicātes in corruptionem . Now to remain there till the consummation , and to see incorruption , is directly contrary to their returning to the world againe and suffering of death . Tertullian likewise agreeing hereunto saith most clearely , That Enoch hath neuer tasted of death , vt aeternitatis candidatus : now hee is ill priuiledged with eternitie , if he must die againe ; As for his places cited out of the other three Fathers , they all confirme that first point , That they are still aliue : but that they must die againe , they make no mention . But here speaking of the Ancient Fathers , let mee take this occasion to forewarne you concerning them : That though they mistake and vnderstand not rightly many mysteries in the Apocalyps , it is no wonder . For the booke thereof , was still sealed in their dayes . And though the Mysterie of iniquitie was alreadie working , yet was not the man of Sinne yet reuealed . And it is a certaine rule in all darke prophesies ; That they are neuer clearely vnderstood , till they be accomplished . And thus hauing answered his two places , in the Olde Testament , by his thirde in the New Testament , containing Christs owne words : which being , luce clariora , I neede speake no more of them . I am now to speake of the fourth place of Scripture , which is in the xj . of the Apocalyps . For the two witnesses ( forsooth ) there mentioned , must be Enoch and Elias . But how this can stand with any point of Diuinity or likelihood of Reason that these two glorified Bodies shall come downe out of heauen or Paradise ( make it what you will ) preach , and fight against the Antichrist , bee slaine by him after many thousand yeeres exemption from the naturall course of death , rise againe the third day in imitation of Christ ; & then ( hauing wrought many woonders ) to goe vp againe to Heauen ; making an ordinary Poste betwixt Heauen and Earth : how this ( I say ) can agree either with Diuinitie or good Reason , I confesse it passeth my capacity . And especially that they must bee clad in Sackcloth , whose bodies ( I hope ) haue beene so long agone so free from sinne , as I thinke they should neede no more such mac●ration for sinne . For they must be now either in Heauen or Paradise . If in Heauen ( as doubtlesse they are ) their bodies must bee glorified : for no corruptible thing can enter there ; and consequently they can no more be subiect to the sensible things of this world , especially to death . But if they be in earthly Paradise , wee must first know where it is . Bellarmine indeede in his Controuersies is much troubled to find out the place where Paradise is , and whether it be in the earth , or in the ayre . But these are all vanities . The Scriptures tell vs , that Paradise and the garden of Eden therein , was a certaine place vpon the earth , which God chose out to set Adam into , and hauing thereafter for his sinne banished him from the same , it is a blasphemy to thinke that any of Adams posteritie came euer there againe . For in Adam were all his posteritie accursed , and banished from the earthly Paradise : like as all the earth in generall , and Paradise in speciall were accursed in him ; the second Adam hauing by grace , called a certaine number of them to bee Coheritors with him of the heauenly Paradise and Ierusalem . And doubtlesly , the earthly Paradise was d●faced at the Flood , if not before : and so lost all that exquisite fertility and pleasantnes , wherein it once surpassed all the rest of the earth . And that it should be lifted vp in the aire , is like one of the dreames of the Alcoran . Surely no such miracle is mentioned in the Scriptures , and hath no ground but from the curious fancies of some boyling braines , who cannot be content , Sapere ad sobrietatem . In heauen then for certaine are Enoch and Elias : for Enoch ( saith the text ) walked with GOD and was taken vp , and Elias was seene carried vp to heauen in a fiery chariot . And that they who haue beene the In-dwellers of Heauen these many thousand yeeres , and are freed from the Lawes of mortalitie ; that these glorious and incorruptible bodies ( I say ) shall come into the worlde againe , preach and worke miracles , and fighting against the Antichrist bee slaine by him , whome naturall death could not before take hold of : as it is a fabulous inuention , so is it quite contrary to the nature of such sanctified creatures . Especially I wonder , why Enoch should be thought to bee one of these two witnesses for CHRIST . For it was Moses and Elias that were with Christ at the transfiguration , signifying the Law and the Prophets : which would be the fittest witnesses for conuincing of Antichrist . But why they haue exempted Moses , and put Enochs head in the yoake , I cannot conceiue . But I haue too much laboured in the refuting of this foolish , and indeed childish fable , which I am so farre from beleeuing in any sort , as I protest in GODS presence , I cannot hold any learned Diuine ( in our age now ) to be a Christian , that will beleeue it ; but worthy to bee ranked with the Scribes & Pharises , that raued and dreamed vpon the comming againe of Elias , though CHRIST told them the contrary . As for some of the Ancients that mistooke this matter , I doe not censure them so hardly ; for the reason that I haue already alledged concerning them . And hauing now refuted that idle fable ; that those two Witnesses were Enoch and Elias : it falleth mee next to guesse , what in my opinion should be meant by them . I confesse , it is farre easier to refu●e such a groundlesse fable as this is , contrary to all grounds of Diuinity and Reason , then to set downe a true interpretation of so high and darke a mystery . And therefore as I will not presume to binde any other man to my opinion herein , if his owne reason leads him not thereunto , so shall I propone such probable coniectures , as ( I hope ) shall be free from Heresie , or vnlawfull curiosity . In two diuers fashions may the mysterie of these Witnesses be lawfully and probably interpreted , in my opinion . Whereof the one is , that by these two Witnesses should be meant the Olde and New Testaments . For as the Antichrist cannot chuse but bee an aduersary to the word of GOD , aboue all things ; so will he omit no endeuour to disgrace , corrupt , suppresse and destroy the same . And now whether this Booke of the two Testaments , or two Witnesses of Christ , haue suffered any violence by the Babylonian Monarchy or not , I need say nothing ; Res ipsa loquitur . I will not weary you with recounting those Common Places vsed for disgracing it : as calling it a Nose of waxe , a dead Letter , a leaden Rule , and a hundred such like Phrases of reproch . But how far the Traditions of men , and Authority of the Church are preferred to these witnesses , doeth sufficiently appeare in the Babylonian doctrine . And if there were no more but that little booke with that pretie Inscription , Del ' Insuffisance del ' Escriture Sainte , it is enough to proue it . And as to the corrupting thereof ; the corruptions of the old Latine translation must not be corrected , though it bid euertere domum in stead of euerrere , for seeking of a penny ; And though it say of Iohn , Sic eum volo manere donec veniam , in place of Si , though it bee knowen a plaine lye , and that the very next wordes of the Text disprooue the same . Nay , so farre must we be from correcting it , as that the vulgar Translation must be preferred by Catholikes , to the Bible in the owne Originall tongue . And is it a small corrupting of Scriptures to make all , or the most part of the Apocrypha of equall faith with the Canonicall Scriptures , contrary to the Fathers opinions and Decrees of ancient Councels ? And what blasphemous corrupting of Scripture is it , to turne Dominus into Domina throughout the whole Psalmes ? And thus our Ladies Psalter was lately reprinted in Paris . Is not this to confound CHRISTS person with hers ? And as for suppressing of the Scriptures how many hundreth yeeres were the people kept in such blindnesse , as these witnesses were almost vnknowne ? for the Layicks durst not , being forbidden , and the most part of the Cleargie , either would or could not meddle with them . Thus were these two witnesses of Christ ( whom of himselfe saith , Scrutamini Scripturas , illae enim testimonium perhibent de me ) These a two Oliues bringing peace to all the beleeuers , euen peace of Conscience : These b two Candlesticks standing in the sight of GOD , and giuing light to the Nations ; represented by Candlestickes euen in the very Order of the Roman Masse : Thus were these two Witnesses ( I say ) disgraced , corrupted and suppressed ( nay , so suppressed and silenced , as he was brent for an Heretike that durst presume to looke vpon them ) kept close in a strange tongue that they might not be vnderstood , Legends and lying woonders supplying their place in the Pulpits . And so did their Bodies lie in the Streetes of the great Citie , spiritually Sodome , for spirituall fornication which is idolatrie ; spiritually Egypt , for bringing the Saints of God in bondage of humane Traditions [ Quare oneramini ritibus ? ] So did their bodies ( I say ) lie 3. daies and a halfe ; that is , the halfe of that spirituall Weeke betweene Christ his first and second comming ; and as dead carkases indeed did the Scriptures then lye without a monument , being layed open to all contempt , cared for almost by none , vnderstood by as few ; nay , no man durst call for them for feare of punishment , as I haue already said . And thus lying dead , as it were , without life or vigour ( as the Law of God did till it was reuiued in Iosias time ) The Inhabitants of the earth , that is , worldly men , reioyced and sent gifts to other , for ioy that their fleshly libertie was now no more awed , nor curbed by that two edged sword : for they were now sure , that to doe what they would , their purse would procure them pardons from Babylon . Omnia vaenalia Romae ; so as men needed no more to looke vp to heauen , but downe in their purses to finde Pardons . Nay , what needed any more suing to heauen , or taking it by violence and feruencie of zeale ; when the Pardons came and offered themselues at euery mans doores ? And diuers spirituall men vaunted themselues , that they neither vnderstood Olde Testament nor new . Thus were these two Witnesses vsed in the second halfe of this spirituall Weeke ; who in the first halfe thereof were clad in sackecloth ; that is , preached repentance to all Nations , for the space of fiue or sixe hundreth yeeres after Christ : GOD making his Word or Witnesse so triumph , riding vpon the white Horse in the time of the Primitiue Church , as that they ouercame all that opposed themselues vnto it , beating downe euery high thing , as Paul sayth ; excluding from heauē all that beleeue not therein : as strongly with the spirituall fire thereof , conuincing the stiffenecked pride of vnbeleeuers , as euer Moses or Elias did , by the plagues of Egypt and famine , conuince the rebellious Egyptians and stiffe-necked Israelites . Neither shall it be enough to disgrace , corrupt and suppresse them ; but KILLED must they be at the last . To which purpose commeth forth a Censura generalis , vt mucrone censorio iugulare eas possit ; and cutteth their throates indeed . For the Authour ordaineth all Translations , but their owne , to be burnt , which is yet commonly practised : nay he professeth , he commeth not to correct but to destroy them , controlling and calling euery place of Scripture Hereticall , that disagreeth front their Traditions ( with almost as many foule wordes and railing epithetes , as the Cardinal bestoweth on my Apologie ) not ruling , nor interpreting Scripture by scripture , but making their Traditions to be such a touchstone for it , as he condemneth of Heresie not only those places of Scripture that he citeth , but layeth the same generall condemnation vpon all other the like places wheresoeuer they be writin the Scriptures . And yet ( praised bee GOD ) we beginne now with our eyes , as our predecessors haue done in some ages before , to see these Witnesses rise againe , and shine in their former glory : GOD , as it were , setting them vp againe vpon their feete , and raising them to the heauens in a triumphall cloud of glory , like Elias his fiery chariot . Which exalting of the Gospel againe , hath bred such an earthquake and alteration amongst many Nations ; as a tenth part , or a good portion of these that were in subiection to that great Citie , to wit , Babylon , are fallen from her ; seuen thousand , that is , many thousands hauing beene killed vpon the occasion of that great alteration ; and many others conuerted to the feare of GOD , and giuing glory to the GOD of heauen . This now is one of the wayes , by which ( I thinke ) this place of Scripture may be lawfully and probably interpreted . The other is more common , and seemeth more literally to agree with the Text. And this is to interpret , not the word of GOD , but the Preachers thereof to bee meant by these Witnesses . Few they were that first beganne to reueale the man of Sinne , and discouer his corruptions ; and therefore well described by the number of two Witnesses : Nam in ore duorum aut trium testiū stabit omne verbum . And in no greater number were they that begun this worke , then the greatnesse of the errand did necessarily require , They prophecied in sackcloth , for they preached Repentance . That diuers of them were put to cruell deaths , is notorious to the world· And likewise that ( in the persons of their Successours in doctrine ) a they rose againe ; and that in such power and efficacie , as is more then miraculous . For where it is accounted in the Scriptures a miraculous work of GOD wrought by his holy Spirit , when the Apostle S. Peter conuerted about three thousand in one day ; these Witnesses I speake of , by the force of the same Spirit , conuerted many mighty Nations in few yeeres : who still continue praising GOD , that he hath deliuered vs from the tyranny of Antichrist that raigneth ouer that great Citie ; and with a full crie proclaiming , Goe out of her my people , lest ye be partaker of her sinnes and of her plagues . Let therefore these Miracle-mongers that surfet the world , and raise the prise of paper daily , with setting foorth olde , though new gilded Miracles and Legends of lies ; 〈◊〉 such ( I say ) consider of this great and wonderfull miracle indeede , and to their shame compare it with their paultry wares . Thus hauing in two fashions deliuered my coniecture , what I take to be meant by these two Witnesses in the xj of the Apocalyps , there being no great difference between them : In the one , taking it to bee the word of God it selfe ; In the other , the word of God too , but in the mouthes of his Preachers : It resteth nowe that I come to the third point of the description of Antichrist , which is anent his Person . That by the Whoore of Babylon that rideth vpon the Beast , is meant a Seat of an Empire , and a successiue number of men sitting thereupon , and not any one man ; doeth well appeare by the forme of the description of the Antichrist throughout all the sayd Booke . For in the last verse of the xvij . Chapter the Woman is expounded to bee , That great Citie that reigneth ouer the Kings of the earth ; which cannot signifie the only person of one man , but a successiue number of men ( as I haue already saide ) whose seat that great City must be : like as in the same Chapter , The seuen heads of the Beast are two wayes expounded . First , they are called seuen Hils , which is plaine ; And next they are called seuen Kings , which cannot bee meant by the Kings that shall giue their power to the Beast , and bee subiect vnto her , which is immediately after expressed by the tenne hornes : But rather appeareth to be those seuen formes of gouernment of that Seat : fiue of which had already been and fallen ; As Kings , Consuls , Dictators , Decemuiri , and Tribuni militum . The sixt was in the time of S. Iohn his writing of this booke , which was the Gouernment of the Emperours . The seuenth which was not yet come , and was to last but for a short space , was the a Ecclesiasticall Gouernment by Bishops , which was to come vpon the translation of the Empire from Rome to Constantinople ; though their gouernment was in a maner substitute to the Emperours . For though that forme of Gouernment lasted about the space of 276. yeeres ; yet was it but short in comparison of the long time of the reigne of the Antichrist ( not yet expired ) which succeeded immediatly thereunto . And the eighth , which is the Beast that was and is not , and is to goe to perdition , is the Antichrist : the eighth forme of Gouernement indeed by his absolutenesse , and yet the seuenth , because hee seemeth but to succeed to the Bishops in an Ecclesiasticall forme of gouernement , though by his greatnes hee shall make Babylons Empire in glory , like to that Magnificence wherein that great Citie triumphed , when it most flourished : which in S. Iohns time was much decayed , by the factions of the great men , the mutinies of the armies , and the vnworthinesse of the Emperours . And so that flourishing state of that great Citie or Beast , which it was in before S. Iohns time , and Being much a decayed was but in a maner in his time , should bee restored vnto it againe by Antichrist : who as he ascendteh out of the botomlesse pit , so must hee goe to Destruction . And likewise by that great lamentation that is made for the destruction of Babylon in the xvij . Chapter , both by the Kings and by the Merchants of the earth ; where it is thrice repeated for aggrauating the pitie of her desolation , that That great Citie fell in an houre : By that great lamentation ( I say ) it well appeareth , That the raigne of Antichrist must continue longer then three yeeres and a halfe , or any one mans time . For the Kings that had committed fornification with her , & in delicijs vixerant ; behoued to haue had a longer time for contracting of that great acquaintance : And the Merchants of the earth set her foorth and describe her at great length , as the very staple of all their riches ; which could not bee so soone gathered as in one mans time . And to conclude now this description of the Antichrist ; I will set downe vnto you all that is spoken of him in the Apocalyps in a short methode , for the further explaining of these three points that I haue already handled . The Antichrist is foure times ( in my opinion ) described by Iohn in the Apocalyps , in foure sundrie visions ; and a short Compendium of him repeated againe in the xx . Chapter . He is first described by a pale Horse in the vision of the Seales in the sixt Chapter . For after that CHRIST had triumphed vpon a white Horse in the first Seale , by the propagation of the Gospel ; and that the red Horse in the second Seale , is as busie in persecution , as CHRIST is in ouercomming by the constancie of his Martyrs ; and that famine and other plagues signified by the blacke Horse in the third Seale , haue succeeded to these former persecutions : Then commeth foorth the Antichrist vpon a pale Horse in the fourth Seale , hauing Death for his rider , and Hell for his conuoy ; which rider fitted well his colour of palenesse : and he had power giuen a him ouer the fourth part of the earth ( which is Europe ) to kill with the sword and vse great persecution ; as Ethnick Rome did , figured by the red Horse : and to kill vvith spirituall hunger or famine of the true word of GOD ; as the blacke Horse did by corporall famine and with death , whereby spirituall death is meant . For the Antichrist , signified by this pale Horse , shall afflict the Church both by persecution and temporall death ; as also by alluring the Nations to idolatry , and so to spirituall death : and by the beasts of the earth shall hee procure their spirituall death ; for hee shall send out the Locusts ( ouer whom he is King ) mentioned in the ninth Chapter of this booke ; and the three Frogges , mentioned in the xvj . of the same ; for intising of all Kings and Nations to drinke of the cup of her abominations . That that decription now of Antichrist endeth there , it is more then plaine : for at the opening of the first Seale , the soules and blood of the murthered Saints cry for vengeance and hasting of iudgement ; which in the sixt Seale is graunted vnto them by CHRISTS comming at the latter day ; signified by heauens departing away , like a scrol when it is rolled : with a number of other sentences to the same purpose . But because this might seeme a short and obscure description of the Antichrist ; hee describeth him much more largely & specifikely , especially in the vision of the Trumpets in the ninth Chapter . For there hee saith , at the blowing of the fift Trumpet , Heresies being first spread abroad in three of the four former blasts ; to wit , in the first , third , and fourth blast ( for I take temporall perecution to be onely signified by the second blast ) hee then saw a starre fall from Heauen , to whom was giuen the key of the bottomlesse pit ; which being opened by him , with the smoke thereof came foorth a number of Locusts , whom he largely describeth , both by their craft and their strength ; and then telleth the name of this their King , who brought them out of the bottomlesse pit , which is , Destroyer : By this Starre fallen from heauen , being signified , as I take it , some Person of great dignitie in the Church , whose duetie being to giue light to the world ( as CHRIST saith ) doeth contrary thereunto fall away like Lucifer , and set vp a Kingdome , by the sending foorth of that noisome packe of craftie cruell vermine , described by Locusts : and so is the Seat of the Antichrist begun to bee erected , whose doctrine is at length declared in the second vvoe , after the blast of the sixt Trumpet ; where it is saide , That the remnant of men which were not killed by the plagues , repented not of the works of their hands , that they should not worship Deuils , and idols of golde , and of siluer , and of brasse , and of stone , and of wood , which neither can see , heare , nor goe . ( As for worshipping of Deuils ; looke your great Iesuited Doctor , Vasques : and as for all the rest , it is the maine doctrine of the Romane Church . ) And then it is subioyned in this text , that they repented not of their murther , their sorcerie , their fornications , nor their theft . By their murther , their persecution is meant , and bloody massacres . For their Sorcery consider of their Agnus Dei , that will sloken fire ; of the hallowed shirts , and diuers sorts of Reliques ; and also of Prayers that will preserue men from the violence of shot , of fire , of sword , of thunder , and such like dangers ; And iudge , if this be not very like to Sorcerie and incantation of charmes . By their Fornication is meant both their spirituall fornication of Idolatry , and also their corporall fornication ; which doth the more abound amongst them , as well by reason of the restraint of their Churchmen from marriage , as also because of the many Orders of idle Monastike liues amongst them , as well for men as women : And continuall experience prooueth , that idlenesse is euer the greatest spurre to lecherie . And they are guiltie of Theft , in stealing from GOD the titles and greatnes of power due to him , and bestowing it vpon their head , the Antichrist : As also by heaping vp their treasure with their iuggling wares and merchandise of the soules of men , by Iubiles , Pardons , Reliques and such like strong delusions . That he endeth this description of Antichrist in the same ninth Chapter may likewise well appeare , by the Oath that that Mightie Angell sweareth in the sixt verse of the tenth Chapter : And after the blast of the sixt Trumpet , that time shall be no more , and that when the seuenth Angell shall blow his Trumpet , the mysterie of GOD shal be finished , as he had declared it to his seruants the Prophets . Onely in the eleuenth Chapter he describeth the means whereby the Antichrist was ouercome , whose raigne he had before described in the ix . Chapter ; and telleth vs that the two witnesses , after that they haue beene persecuted by the Antichrist shall in the end procure his destruction . And in case any should thinke , that the Antichrist is onely spoken of in the xj . Chapter , and that the Beast spoken of in the xiij . and xvij . Chapters doth onely signifie Ethnicke Rome ; there needeth no other refutation of that conceit , then to remember them , that the Antichrist is neuer named in all that xi . Chapter , but where hee is called in the seuenth verse thereof the Beast that commeth foorth of the bottomles pit : which by the description of the place he commeth out of prooueth it to be the same Beast which hath the same originall in the xvij . Chapter , and in the very same words ▪ so as it is euer but the same Antichrist repeated , and diuersly described in diuers visions . Now in the xij . and xiij . Chapters and so foorth till the xvij . he maketh a more large and ample propheticall description of the state of the Church , and raigne of the Antichrist . For in the xij . Chap. he figureth the Church by a Woman flying from the Dragon ( the Deuill ) to the wildernesse ; And when the Dragon seeth he cannot otherwise ouer-reach her , he speweth forth waters like floods to cary her away ; which signifieth many Nations , that were let loose to persecute and vex the Church . And in the xiij . Chapter , out of that Sea of Nations that persecuted her ariseth that great Citie ( Queene of all the Nations , and head of that persecution ) figured by a Beast with seuen heads and ten hornes , like a Leopard ; as well for the colour because it was full of spots , that is , defiled with corruptions ; as also vsing a bastard forme of gouernement , in shew spirituall , but in deed temporall ouer the Kings of the earth ; like the Leopard that is a bastard beast betwixt a Lion and a Parde : hauing ●eete like a Beare , to signifie his great strength ; and the mouth of a Lion , to shew his rauenous and cruell disposition . This Beast who had his power from the Dragon , and had gotten a deadly wound in one of his heads , or formes of gouernment ( by the Gothes and Vandals ) and yet was healed againe ; opened his mouth to blasphemies , and made warre against the Saints : nay , all the world must worship him ; which worship Ethnicke Rome neuer craued of any , being contented to call their neighbour Kings Amici & socij populi Romani . And whether worship or adoration , euen with that same title , hee vsed to Popes at their creation , our Cardinall can best tell you . But then commeth another beast vp out of the earth , hauing indeed a more firme & setled originall : for she doth visibly and outwardly succeed to the true Church , and therefore she hath two hornes like the Lambe , in outward shew representing the spouse of CHRIST , and pretending CHRIST to bee her defence : But shee speaketh like the Dragon , teaching damnable and deuilish doctrine . And this Apostatike ( I should say Apostolike ) Church , after that she hath made her great power manifest to the world , by doing all that the first Beast could doe , In conspectu eius ; that is , by shewing the greatnesse of her power , to be nothing inferiour to the greatnesse of the former Ethnicke Empire : shee then is mooued with so great a desire to aduance this Beast , now become Antichrist , as shee causeth the earth and all that dwell therein , to worship this former Beast or Roman Monarch ; transferring so , as it were , her owne power in his person . Yea , euen Emperours and Kings shall be faine to kisse his feet . And for this purpose shall she worke great Miracles , wherin she greatly prides her selfe , deceiuing men with lying wonders and efficacie of lyes , as S. Paul saith . And amongst the rest of her wonders , she must bring Fire out of heauen , Fulmen excommunicationis , which can dethrone Princes . So that all that will not worship the image of the Beast , that is , his vnlimited Supremacie , must be killed and burnt as Heretikes . Yea , so peremptory will this Beast or false Prophet be ( so called in the xvj . Chapter of this booke ) for the aduancement of the other Beast , or Antichrist ; as all sorts and rankes of people must receiue the marke or name of that Beast in their right hand , or in their forehead ; without the which it should bee lawfull to none to buy , or sell : By the Marke in the forehead , signifying their outward profession and acknowledgement of their subiection vnto her ; And by the Marke in their right hand , signifying their actuall implicite obedidience vnto her , who they thinke cannot erre , though shee should commaund them to rebell against their naturall Princes ; like that Coeca obediencia wherunto all the Iesuits are sworne : and like those Romish priests in this Countrey , that haue renounced and forsworne againe that Oath of Alleagiance ; grounded vpon their naturall oath ; which thought at their taking it , they confessed they did it out of conscience , and as obliged thereunto by their naturall duetie ; yet now must they forsweare it againe , for obedience to the Popes command ; to whose will their conscience and reason must be blindly captiuated . And who euer denied this absolute power , might neither buy nor sell ; for no man was bound to keepe any faith , or obserue any ciuill contracts with Heretikes : yea , to aequiuocate and commit periurie towards them , is a lawfull thing in a Catholike . Now as to the Mystery anent the Number of his name , whether it shal be vnderstood by the number composed of the Letters in that Greeke word ΛΑΤΕΙΝΟΣ , which word well sutes with the Romish Church , Romish Faith , and Latine Seruice . Or whether , in respect that in the Text , it is called the number of the man , ye will take it for the number or date of the yeere of GOD , wherein that first Man liued , that first tooke the title of the Antichrist vpon him , I leaue it to the Readers choise . By that first Man , I meane Bonifacius tertius , who first called himselfe Vniuersall Bishop , which S. Gregorie that liued till within three yeeres of his time , a foretold would be the style of the Antichrist , or his Praecursor : for though he died threescore yeeres before the 666. of CHRIST , yet was that Title but fully setled vpon his Successors , sixtie yeeres after his time . Or if yee list to count it from Pompey his spoiling of the Temple , to this same Mans time ; it will goe very neere to make iust vp the said number 666. Now the raigne of the Antichrist being thus prophetically described in the xiij . Chapter ; his fall is prophecied in the xiiij . First by the ioyfull and triumphall New song of the Saints in heauen : And next by the proclamation of three Angels ; whereof the first hauing an euerlasting Gospel in his hand to preach to all Nations ( the true armour indeed wherewith the Witnesses fought against the Antichrist ; ) This first Angel , I say , proclaimed Feare and glory to GOD , since the houre of his Iudgement was come . And the second proclaimed the fall of Babylon , which is the destruction of the Antichrist . And the third prohibited vnder great paines , euen the paine of eternall damnation , that none should worship the Beast , or receiue his Marke . But though that in the rest of this Chapter the latter day be againe prophecied , as a thing that shall come shortly after the reuealing of the man of Sinne ; yet in the xv . Chap. he telleth of seuen plagues , vnder the name of Vials , that shall first fall vpon the Antichrist and his kingdome : which , being particularly set downe in the xvj . Chapter , hereckoneth amongst the rest . In the fifth Vial , the plague of darkenesse ; yea , such darkenesse as the kingdome of Antichrist shall bee obscured : whereby at the powring foorth of the sixt Vial , the way of the Kings of the East shal be prepared ; the man of Sinne being begun to be reuealed , and so all impediments remooued that might let the inuasion of that Monarchie : euen as that great riuer Euphrates that runneth by the literall Babylon . guarded it from the Kings of the East , the Medes and Persians , the time of the Babylonian Monarchie , til by the drying thereof , or vnexspected passage made through it by Cyrus , Babylon was wonne , and Baltasar destroyed , and his Monarchie ouerthrowne : euen while hee was sitting in that literall Babylon , corporally drunken and quaffing in the vessels ordained for GODS Seruice ; and so sitting as it were in the Temple of GOD , and abusing the holy Mysteries thereof . For remedy whereof , at the powring forth of the sixt Vial , three vnclean Spirits , like frogs , shall then come foorth out of the mouth of the Dragon , that Beast , and of the false Prophet ; which I take to be as much to say , as that how soone as the kingdome of Antichrist shalb● so obscured , with such a grosse and a palpable ignorance , as learning shall be almost lost out of the world , and that few of the very Priests themselues shall bee able to read Latine , much lesse to vnderstand it ; and so a plaine way made for the Destruction of Babylon : Then shall a new sect of Spirits arise for the defence of that falling Throne , called three in number , by reason of their three-folde direction ; beeing raised and inspired by the Dragon Sathan , authorized and maintained by the Beast the Antichrist , and instructed by the false Prophet the Apostatike Church , that hath the hornes like the Lambe , but speaketh like the Dragon . These Spirits indeed , thus sent forth by this three-folde authoritie for the defence of their Triple crowned Monarch , are well likened to Frogs ; for they are Amphibions , and can liue in either Element earth or water : for though they be Church-men by profession , yet can they vse the trade of politike Statesmen ; going to the Kings of the earth , to gather them to the battell of that great day of GOD Almightie . What Massacres haue by their perswasions beene wrought through many parts of Christendome , and how euill ▪ Kings haue sped that haue beene counselled by them , all the vnpartiall Histories of our time doe beare record . And whatsoeuer King or State will not receiue them , and follow their aduise , rooted out must that King or State be , euen with Gunpowder ere it faile . And these Frogs had reason indeed to labor to become learned , thereby to dissipate that grosse mist of ignorance , wherewith the reigne of Antichrist was plagued before their comming foorth . Then doeth this Chapter conclude with the last plague that is poured out of the seuenth Viall vpon the Antichrist , which is the day of Iudgement : for then Babylon ( saith he ) came in remembrance before God. But in the xvij Chapter is the former Vision interpreted and expounded ; and there is the Antichrist represented by a Woman , sitting vpon that many-headed Beast ; because as CHRIST his true Spouse and Church is represented by a Woman in the xij . Chap. so here is the Head of his adulterous Spouse or false Church represented also by a woman , but hauing a cup ful of abominations in her hand ; as her selfe is called a whoore for her spirituall adultery , hauing seduced the Kings of the earth to bee partakers of her Spirituall fornication : And yet wonderfull gorgious and glorious was shee in outward shew ; but drunken with the blood of the Saints , by a violent persecution of them . And that she may the better be knowen , he writeth her name vpon her forehead agreeable to her qualities : A Mystery , that great Babylon , that mother of whoredomes and abominations of the earth . A Mystery is a name that belongeth vnto her two maner of wayes : One , as she taketh it to her selfe ; another , as she deserueth it indeed . To her selfe she taketh it , in calling herselfe the visible Head of the Mystical bodie of CHRIST , in professing her selfe to bee the dispenser of the Mysteries of GOD , and by her onely must they bee expounded : This great God in earth and Head of the faith , being a Mystes by his profession ; that is , a Priest . And if the obseruation of one be true , that hee had of olde the word Mystery written on his Myter ; then is this prophecie very plainely accomplished . Now that indeede shee deserues that name the rest of her Title doeth beare witnesse , that sheweth her to be the Mother of all the whoredomes and abominations of the earth : and so is she vnder the pretext of holinesse , a Mystery indeed of all iniquitie and abominations ; vnder the marke of pretended feeding of Soules , deuouring Kingdomes , and making Christendome swimme in blood . Now after that this scarlet or bloody Beast and her Rider are described , by their shape , garments , name and qualities : the Angel doth next interpret this vision vnto Iohn , expounding vnto him what is signified both by the Beast and her Rider ; telling him , the seuen heads of the Beast are seuen Hils , meaning by the situation of that Citie or seat of Empire ; and that they are also seuen Kings or formes of gouernement in the said Citie , whereof I haue told my conceit already . As for the tenne Hornes , which hee sheweth to be tenne Kings , that shall at one houre receiue their power and Kingdome with the Beast , I take that number of ten to be Numerus certus pro incerto , euen as the number of seuen heads and ten hornes vpon the Dragon the Deuill , cannot but bee an vncertaine number . And that he also imitates in those ten hornes , the ten hornes of the seuen headed Beast in the seuenth of Daniel : and therefore I take these ten Kings to signifie , all the Christian Kings , and free Princes and States in generall , euen you whome to I consecrate these my Labors , and that of vs all he prophecieth , that although our first becomming absolute and free Princes should bee in one houre with the Beast ( for great Christian kingdomes and Monarches did but rise , and receiue their libertie by the ruines of the Ethnicke Romane Empire , and at the destruction thereof ) and at the very time of the beginning of the planting of the Antichrist there ; and that wee should for a long time continue to worship the Beast , hauing one Catholike or common consenting minde in obeying her , yelding our power and authoritie vnto her , and kissing her feet , drinking with her in her cup of Idolatrie , and fighting with the Lambe , in the persecution of his Saints , at her command that gouerneth so many Nations and people : yet notwithstanding of all this , wee shall in the time appointed by GOD , hauing thus fought with the Lambe , but being ouercome by him , that is , conuerted by his word ; wee shall then ( I say ) hate the Whore , and make her desolate , and make her naked , by discouering her hypocrisie and false pretence of zeale ; and shall eate her flesh , and burne her with fire . And thus shal the way of the Kings of the East be prepared , as yee heard in the xvj . Chapter . And then doth hee subioyne the reason of this strange change in vs : for ( saith hee ) GOD hath put it in their hearts to fulfill his will , and with one consent to giue their Kingdomes to the Beast , till the words of GOD be fulfilled , according to that sentence of Salomon ; That the hearts of Kings are in the handes of GOD , to bee turned at his pleasure . And hauing thus interpreted the Beast or Empire ; he in a word expounds , that by the Woman that rode vpon her , or Monarch that gouerned her , was meant that great Citie that raigned ouer the Kings of the earth : by the Seate of the Empire pointing out the qualitie of the persons that should sit and domine there . Then is the greatnesse of her fall , and the great lamentation that both the Kings and merchants of the earth shall make for the same , proclaimed by an other Angel in the xviij . Chapter . The Kings lamenting her fall , because they liued in pleasure with her ; which no Kings could doe with Ethnicke Rome , who conquered them by her sword : for shee honoured them with Titles , and dispensed with their lustes and vnlawfull mariages . And the Merchants of the earth , and all Shipmasters , and traffikers vpon the Sea shall lament the fall of that great city , which neuer had a fellow , for the losse of their riches and trafficke which they inioyed by her meanes . And there hee describeth all sorts of rich wares , whereof that great City was the Staple : for indeede shee hath a necessary vse for all such rich and glorious wares , as well for ornaments to her Churches and princely Prelates , as for garments and ornaments to her woodden Saints ; for the blessed Virgin must be daily clothed and decked in the newest and most curious fashion , though it should resemble the habit of a Curtizane . And of all those rich wares , the most precious is last named , which is the Soules of men : for so much bestowed vpon Masses , and so much doted to this or that Cloyster of Monkes or Friers , but most of all now to that irregular and incomprehensible order of Iesuites ; shall both redeeme his owne Soule , and all his Parents to the hundreth generation , from broyling in the fire of Purgatory . And ( I hope ) it is no small merchandise of Soules , when men are so highly deluded by the hopes and promise of Saluation , as to make a Frier murther his a Soueraigne ; a young knaue attempt the murther of his next b Successour ; many one to conspire and attempt the like against the late Queene ; and in my time , to attempt the destruction of a whole Kingdome and State by a blast of Powder : and heereby to play bankerupt with both the soules mentioned in the Scriptures , Animus & Anima . But notwithstanding of this their great Lamentation , they are commanded by a voice from heauen to doe two things : One , to flee from Babylon , least they bee partakers of her sinnes , and consequently of her punishment . Which warning I pray God that yee all , my Beloued Brethren and Cosins , would take heede vnto in time , humbly beseeching him to open your eyes for this purpose . The other commaund is , to reward her as shee hath rewarded you ; yea , euen to the double . For as she did flie but with your feathers , borrowing as well her Titles of greatnes and formes of honoring her from you ; as also enioying all her temporall liuing by your liberalities ; so if euery man doe but take his owne againe , she will stand vp * naked ; and the reason is giuen , because of her pride . For she glorifieth her selfe liuing in pleasure , and in her heart sayth , shee sitteth as a Queene ( outward prosperity being one of their notes of a true Church ) and is no Widow ; for her Spouse CHRIST is bound to her by an inuiolable knot ( for hee hath sworn neuer to forsake her ) and she shal see no mourning : for she cannot erre , nor the gates of Hell shall not preuaile against her . But though the earth and worldly men lament thus for the fall of Babylon in this eighteenth Chapter , yet in the nineteenth Heauen and all the Angels and Saints therein doe sing a triumphall Cantique for ioy of her fall ; praising God for the fall of that great Whoore : Great indeed , for our * Cardinall confesseth , that it is hard to describe what the Pope is , such is his greatnesse . And in the ende of that Chapter is the obstinacie of that Whoore described , who euen fought to the vttermost against him that sate on the white Horse , and his armie , till the Beast or Antichrist was taken , and the false Prophet , or false Church with him , who by Myracles , and lying Wonders deceiued them that receiued the marke of the Beast ; and both were casten quicke into the burning lake of fire and brimstone ; Vnde null redemptio . Like as in the ende of the former Chapter , to describe the fulnesse of the Antichristes fall ( not like to that reparable wound that Ethnicke Rome gate ) it is first compared to a Milstone cast in the sea , that can neuer rise and fleete againe : And next it is expressed by a number of ioyfull things that shall neuer be heard there againe , where nothing shall inhabite but desolation . But that the patience and constancy of Saints on earth , and God his Elected may the better be strengthened and confirmed ; their persecution in the latter dayes , is shortly prophesied and repeated againe , after that Satan hath beene bound , or his furie restrained , by the worlds inioying of peace for a thousand yeeres , or a great indefinite time ; their persecutors being named Gog and Magog , the secret and reuealed enemies of CHRIST . Whether this be meant of the Pope and the Turke , or not ; ( who both began to rise to their greatnesse about one time ) I leaue to be guessed ; alwayes their vtter confusion is there assuredly promised : and it is said ; that the Dragon , the Beast , and the false Prophet , shall all three bee cast in that lake of fire and brimstone , to be tormented for euer . And thereafter is the latter day described againe ( which must be hastened for the elects sake ) and then for the further comfort of the Elect , and that they may the more constantly and patiently indure these temporall and finite troubles , limited but to a short space ; in the last two Chapters are the ioyes of the eternall Ierusalem largely described . Thus hath the Cardinals shamelesse wresting of those two places of Scripture , Pasce oues meas , and Tibi dabo claues , for proouing of the Popes supreme temporall Authoritie ouer Princes ; animated me to prooue the Pope to be THE ANTICHRIST , out of this foresaid booke of Scripture ; so to pay him in his owne money againe . And this opinion no Pope can euer make me to recant ; except they first renounce any further medling with Princes , in any thing belonging to their temporall Iurisdiction . And my only wish shal be , that if any man shall haue a fancie to refute this my coniecture of the Antichrist ; that he answere mee orderly to euery point of my discourse : not contenting him to disproue my opinion , except hee set downe some other methode after his forme for interpretation of that booke of the Apocalyps , which may not contradict no part of the Text , nor containe no absurdities . Otherwise , it is an easie thing for Momus to picke quarrels in another mans tale , and tell it worse himselfe ; it being a more easie practise to finde faults , then to amend them . Hauing now made this digression anent the Antichrist , which I am sure I can better fasten vpon the Pope , then Bellarmine can doe his pretended temporall Superioritie ouer Kings : I will returne againe to speake of this Answerer ; who ( as I haue alreadie told you ) so fitteth his matter with his maner of answering , that as his Style is nothing but a Satyre and heape full of iniurious and reprochfull speeches , as well against my Person , as my Booke ; so is his matter as full of lyes and falsities indeed , as he vniustly layeth to my charge . For three lyes hee maketh against the Oath of Allegiance , contained and maintained in my Booke : besides that ordinary repeated lye against my Book ; of his omitting to answere my lyes , trattles , iniurious speeches and blasphemies . One grosse lye hee maketh euen of the Popes first Breue . One lye of the Puritanes , whom he would gladly haue to bee of his partie . And one also of the Powder-Traitors , anent the occasion that moued them to vndertake that treasonable practise . Three lies he makes of that Acte of Parliament wherein this Oath of Allegiance is contained . He also maketh one notable lye against his owne Catholike Writers . And two , of the causes for which two Iesuites haue bene put to death in England . And hee either falsifies , denies or wrests fiue sundry Histories and a printed Pamphlet : besides that impudent lye that he maketh of my Person ; that I was a Puritane in Scotland , which I haue alreadie refuted . And for the better filling vp of his booke with such good stuffe ; he hath also fiue so strange and new principles of Diuinitie therein , as they are either new , or at least allowed by very few of his owne Religion . All which lyes , with diuers others , and fiue strange , and ( as I thinke ) erroneous points of Doctrine , with s●n dry falsifications of Hystories ; are set downe in a Table by themselues in the end of this my Epistle , hauing their Refutation annexed to euery one of them . But as for the particular answering of his booke ; it is both vnnecessarie and vncomely for me to make a Reply . Vnnecessarie , because ( as I haue alreadie told you ) my Booke is neuer yet answered so farre as belongeth to the maine question anent the Oath of Allegiance : the picking of aduantage vpon the wrong placing of the figures in the citations , or such errors in the Print by casuall addition , or omission of words that make nothing to the Argument ; being the greatest weapons wherewith hee assaults my Booke . And vncomely it must needs be ( in my opinion ) for a King to fall in altercation with a Cardinall , at least with one no more nobly descend●d then he is : That Ecclesiasticall dignitie , though by the sloath of Princes ( as I said before ) it bee now come to that height of vsurped honour , yet being in the true originall and foundation thereof nothing else , but the title of the Priestes and Deacons of the parish Churches in the towne of Rome ; at the first , the style of Cardinals beeing generally giuen to all Priestes and Deacons of any Cathedrall Church , though the multitude of such Cardinall Priests and Deacons resorting to Rome , was the cause that after bred the restraining of that title of Cardinall Priests and Deacons , onely to the Parish priests and Deacons of Rome . And since that it is S. Gregorie , who in his Epistles sixe hundreth yeares after CHRIST , maketh the first mention of Cardinals ( and so these now Electours of the Apostolike Sea , beeing long and many hundreth yeers vnknowen or vnheard of , after the Apostol●ke age ; and yet doth he speake of them but in this sense , as I haue now described ) I hope the Cardinall , who calleth him the Apostle of England , cannot blame me that am King thereof , to acknowledge the Cardinall in no other degree of honour , then our said Apostle did . But how they should now become to be so strangely exalted aboue their first originall institution , that from Parish-priests and Deacons ( Priests inferiours ) they should now come to be Princes and Peeres to Kings : and from a degree vnder Bishops ( as both a Bellarmine and b Onuphrius confesse ( to be now the Popes sole Electors , su●plying with him the place of a General Counsel ; whereby the conuening of generall Councels is now vtterly antiquated and abolished ; nay , out of their number onely , the Pope to be elected ; who claimeth the absolute Superiority ouer all Kings : how this their strange vsurped exaltation ( I say ) should thus creepe in and be suffered , it belongeth all them in our place and calling to look vnto it ; who being GOD his Lieute●āts in earth , haue good reason to be iealous of such vpstart Princes , meane in their originall , come to that height by their owne creation , and now accounting themselues Kings fellowes . But the speciall harme they do vs , is by their defrauding vs of our common & Christian interest in generall Councels ; they hauing ( as I sayd ) vtterly abolished the same , by rowling it vp and making as it were a Monopoly thereof , in their Conclaue with the Pope . Whereas , if euer there were a possibilitie to bee expected of reducing all Christians to an vniformitie of Religion , it must come by the meanes of a generall Councell : the place of their meeting beeing chosen so indifferēt , as all Christian Princes , either in their owne Persons , or their Deputie Commissioners , and all Church men of Christian profession that beleeue and professe all the ancient grounds of the true , ancient , Catholike and Apostolike Faith , might haue tutum accessum thereunto ; All the incendiaries and Nouelist fire-brands on either side beeing debarred from the same , as well Iesuites as Puritanes . And therefore hauing resolued not to paine my selfe with making a Reply for these reasons here specified , grounded as well vpon the consideration of the matter , as of the person of the Answerer ; I haue thought good to content my selfe with the reprinting of my Apologie : hauing in a maner corrected nothing but the Copiers or Printers faults therein , and prefixed this my Epistle of Dedication and Warning therunto ; that I may yet see , if any thing will be iustly said against it : Not doubting but enow of my Subiects will reply vpon these Libellers , and answere them sufficiently ; wishing YOV deepely to consider , and weigh your common interest in this Cause . For neither in all my Apologie , nor in his pretended Refutation thereof , is there any question made anent the Popes power ouer mee in particular , for the excommunicating or deposing of me . For in my particular ; the Cardinall doeth me that grace , that he saith , The Pope thought it not expedient at this time to excommunicate me by name ; our question beeing onely generall , Whether the Pope may lawefully pretend any temporall power ouer Kings , or no ? That no Church men can by his rule be subiect to any temporall Prince , I haue already shewed you ; And what obedience any of you may looke for of any of them de facto , he plainly forewarneth you of , by the example of Gregorie the Great his obedience to the Emperor Mauritius : not beeing ashamed to slaunder that great Personages Christian humilitie and obedience to the Emperour , with the title of a constrained and forced obedience , because hee might , or durst doe no otherwise . Whereby he not onely wrongs the said Gregorie in particular , but euen doeth by that meanes lay on an heauie slaunder and reproach vpon the Christian humilitie and patience of the whole Primitiue Church , especially in the time of persecution : if the whole glorie of their Martyrdome and Christian patience shall be thus blotted with that vile glosse of their coacted and constrained suffering , because they could or durst do no otherwise ; like the patience and obedience of the Iewes or Turkish slaues in our time cleane contrary to S. Paul and S. Pe●●rs doctrine of obedience for conscience sake ; and as contrarie to Tertullians Apologie for Christians , and all the protestations of the ancient Fathers in that case . But it was good lucke for the ancient Christians in the dayes of Ethnicke Emperors , that this prophane & new conceit was yet vnknowen among them : otherwise they would haue bin vtterly destroyed and rooted out in that time , and no man to haue pitied them , as most dangerous members in a Common-wealth , who would no longer bee obedient , then till they were furnished with sufficient abilitie and power to resist and rebell . Thus may ye see , how vpon the one part our Cardinall will haue all Kings and Monarchs to be the Popes Vassals ; and yet will not on the other side , allow the meanest of the Pope his vassals , to be subiect to any Christian Prince . But he not thinking it enough to make the Pope our Superior , hath in a late Treatise of his ( called the Recognition of his bookes of Controuersies ) made the people and Subiects of euery one of vs , our Superiors . For hauing taken occasion to reuisite againe his bookes of Controuersies and to correct or explaine what he findeth amisse or mistaketh in them ; in imitation of S. Augustine his retractions ( for so hee saith in his Preface ) he doth in place of retracting any of his former errours , or any matter of substance ; not retract , but recant indeed , I meane sing ouer againe , and obstinatly confirme a number of the grossest of them . Among the which , the exempting of all Church-men from subiection to any Temporall Prince , and the setting vp not onely of the Pope , but euen of the People aboue their naturall King ; are two of his maine points . As for the exemption of the Clerickes ; he is so greedy there to proue that point , as he denieth Caesar to haue beene Pauls lawfull Iudge : contrary to the expresse Text , and Pauls plain Appellation , and acknowledging him his Iudge ; besides his many times claiming to the Roman priuiledges , and auowing himselfe a Roman by freedome ; and therefore of necessitie a Subiect to the Roman Emperour . But it is a wonder that these Roman Catholikes , who vaunt themselues of the ancientie both of their doctrine and Church , and reproch vs so bitterly of our Nouelties , should not bee ashamed to make such a new inept glosse as this vpon S. Pauls Text ; which as it is directly contrary to the Apostles wordes , so is it without any warrant , either of any ancient Councell , or of so much as any one particular Father that euer interpre●s that place in this sort : Neither was it euer doubted by any Christian in the Primitiue Church , that the Apostles , or any other degree of Christians , were subiect to the Emperour . And as for the setting vp of the People aboue their owne naturall King , hee bringeth in that principle of Sedition , that he may thereby proue , that Kings haue not their power and authoritie immediatly from God , as the Pope hath his : For euery King ( saith he ) is made and chosen by his people ; nay , they do but so transferre their power in the Kings person , as they doe notwithstanding retaine their habituall power in their owne hands , which vpon certaine ocasions they may actually take to themselues againe . This , I am sure , is an excellent ground in Diuini●●e for all R●bels and rebellious people , who are hereby allowed to rebell against their Princes ; and assume libertie vnto themselues , when in their discretions they shall thinke it conuenient . And amongst his other Testimonies for probation , that all Kings are made and created by the People ; hee alledgeth the Creation of three Kings in the Scripture , Saul , Dauid & Ieroboam ; and though he be compelled by the expresse words of the Text , to confesse , that God by his Prophet Samuel anointed both a Saul and b Dauid ; yet will he , by the post-consent of the people , proue that those Kings were not immediatly made by God , but mediatly by the people ; though he repeat thrise that word of Lott , by the casting whereof hee confesseth that Saul was chosen . And if the Election by Lott be not an immediate Election from God ; then was not Matthias , who was so chosen and made an Apostle , immediatly chosen by God : and consequently , hee that sitteth in the Apostolike Sea cannot for shame claim to be immediatly chosen by God , if Matthias ( that was one of the twelue Apostles , supplying Iudas his place ) was not so chosen . But as it were a blasphemous impietie , to doubt that Matthias was immediatly chosen by God , and yet was hee chosen by the casting of Lots , as Saul was : so is it well enough knowen to some of you ( my louing Brethren ) by what holy Spirit or casting of Lots the Popes vse to bee elected ; the Colledge of Cardinals , his electors , hauing beene diuided in two mighty factions euer since long before my time ; and in place of casting of Lotts , great fat pensions beeing cast into some of their greedy mouthes for the election of the Pope , according to the partiall humours of Princes . But I doe most of all wonder at the weaknesse of his memorie : for in this place hee maketh the post consent of the people to bee the thing that made both these Kings , notwithstanding of their preceding inauguration and anoyntment by the Prophet at GODS commandement ; forgetting that in the beginning of this same little booke of his , answering one that alledgeth a sentence of S. Cyprian , to prooue that the Bishops were iudged by the people in Cyprians time , hee there confesseth , that by these words , the consent of the people to the Bishops election must be onely vnderstood . Nor will he there any wayes be mooued to graunt , that the peoples power , in consenting to or refusing the Election of a Bishop ; should be so vnderstood , as that therby they haue power to elect Bishops : And yet do these words of Cyprian seeme to be farre stronger for granting the peoples power to elect Church-men , then any words that hee alledgeth out of the Scripture are for the peoples power in electing a King. For the very words of Cyprian by himselfe there cited are , That the very people haue principally the power , either to chuse such Priests as are worthy , or to refuse such as are vnworthy : And , I hope , he can neuer proue by the Scripture , that it had been lawfull to the people of Israel , or that it was left in their choise , to haue admitted or refused Saul or Dauid at their pleasure , after that the Prophet had anointed them , and presented them vnto them . Thus ye see how little he careth ( euen in so little a volume ) to contradict himselfe , so it may make for his purpose ; making the consent of the people to signifie their power of Election in the making of Kings , though in the making of Bishops , by the peoples cōsent , their approbauen of a deede done by others must onely bee vnderstood . And as for his example of Ieroboams election to be king , hee knoweth well enough , that Ieroboam was made King in a popular mutinous tumult and rebellion ; onely permitted by God , and that in his wrath , both against these two Kings and their people . But if he will needs helpe himselfe against all rules of Diuinity , with such an extraordinary example for proofe of a generall Rule ; why is it not as lawfull for vs Kings to oppose hereunto the example of Iehu his Inauguration to the Kingdome ; who vpon the Prophets priuat anointment of him , and that in most secret maner , tooke presently the Kings office vpon him , without euer crauing any sort of approbation from the people ? And thus may ye now clearely see , how deepe the claime of the Babylonian Monarch toucheth vs in all our common interest : for ( as I haue already tolde ) the Pope , nor any of his Vassals , I meane Church-men , must be subiect to no Kings nor Princes : and yet all Kings and their Vassals must not onely be subiect to the Pope , but euen to their own people . And now , what a large liberty is by this doctrine left to Churchmen , to hatch or foster any treasonable attempts against Princes , I leaue it to your considerations , since doe what they will , they are accountable to none of vs : nay , all their treasonable practises must bee accounted workes of pietie , and they ( being iustly punished for the same ) must be presently inrolled in the list of Martyrs and Saints ; like as our new printed Martyrologie hath put Garnet and Ouldcorne in the Register of English Martyrs abroad , that were hanged at home for Treason against the Crown and whole State of England : so as I may iustly with Isaiah , pronounce a Woe to them that speake good of euill , and euill of good ; which put light for darkenesse , and darknesse for light ; which iustifie the wicked for a reward , & take away the righteousnes of the righteous from him . For euen as in the time of the greatest blindnesse in Popery , though a man should find his wife or his daughter lying a bed in her Confessors armes ; yet was it not lawfull for him so much as to suspect that the Frier ahadny errand there , but to Confesse and instruct her : Euen so , though Iesuites practising in Treason bee sufficiently verified , and that themselues cannot but confesse it ; yet must they bee accounted to suffer Martyrdome for the Faith , and their blood work miracles , and frame a stramineum argumentum vpon strawes ; when their heads are standing aloft , withered by the Sunne and the winde , a publike spectacle for the eternall commemoration of their treacherie . Yea , one of the reasons , that is giuen in the Printers Epistle of the Colonian edition of the Cardinal or his Chaplains pamphlet , why he doth the more willingly print it , is ; because that the innocencie of that most holy and constant man Henry Garnet , is declared and set forth in that booke ; against whom , some ( he knew not who ) had scattered a false rumour of his guiltinesse of the English treason . But , Lord , what an impudencie or wilfull ignorance is this , that he , who was so publikely and solemnely conuicted and executed , vpon his own so cleare , vnforced and often repeated confession , of his knowledge and concealing of that horrible Treason , should now be said to haue a certaine rumor spred vpon him of his guiltinesse , by I know not who ? with so many attributes of godlinesse , constancie and innocencie bestowed vpon him , as if publike Sentences and Executions of Iustice , were rumors of I know not who . Indeed , I must confesse , the booke it selfe sheweth a great affection to performe , what is thus promised in the Preface thereof : for in two or three places therin , is there most honorable lying mention made of that straw Saint ; wherein , though he confesse that Garnet was vpon the foreknowledge of the Powder-Treason , yet in regarde it was ( as he saith ) only vnder the Seale of Confession , he sticketh not to praise him for his concealing thereof , and would gladly giue him the crowne of glory for the same : not being ashamed to proclaime it as a principal head of Catholique doctrine ; That the secret of Sacramental con●ession ought not to be reuealed , not for the eschewing of whatsoeuer euil . But how damnable this doctrine is , and how dangerously pre●udiciall to all Princes & States ; I leaue it to you to iudge , whom all it most highly concerneth . For although it he true , that when the Schoolemen came to be Doctors in the Church , and to marre the old grounds in Diuinitie by sowing in amongst them their Philosophicall distinctions : though they ( I say ) do maintain , That wha●soeeuer thing is told a Confessor vnder the vaile of confession , how dangerous soeuer the matter bee , yet he is bound to conceale the parties name : yet doe none of them , I meane of the olde Schoolemen , deny , that if a matter bee reuealed vnto them , the concealing whereof may breed a great or publike danger ; but that in that case the Confessor may disclose the matter , though not the person , and by some indirect means make it come to light , that the danger thereof may bee preuented . But that no treason nor diuelish plot , though it should tend to the ruine or exterminion of a whole Kingdome , must be reuealed , if it bee told vnder Confession ; no not the matter so far indirectly disclosed , as may giue occasion for preuenting the danger thereof : though it agree with the conceit of some three or foure new Iesuited Doctors , it is such a new and dangerous head of doctrine , as no King nor State can liue in securitie where that Position is maintained . And now , that I may as well prooue him a lyar in facto , in his narration of this particular Hystory ; as I haue shewed him to be in iure , by this his damnable and false ground in Diuinity : I wil truly informe you of Garnets case , which is far otherwise then this Answerer alleageth . For first , it can neuer bee accounted a thing vnder Confession , which he that reueals it doth not discouer with a remorse , accounting it a sin whereof he repenteth him ; but by the contrary , discouers it as a good motion , and is therein not dissuaded by his Confessor , nor any penance enioyned him for the same : and in this forme was this Treason reuealed to Garnet , as himselfe confessed . And next , though he stood long vpon it , that it was reuealed vnto him vnder the vaile of Confession , in respect it was done in that time , while as the partie was making his Confession vnto him ; Yet at the last he did freely confesse , that the party reuealed it vnto him as they were walking , and not in the time of Confession : But ( hee said ) hee deliuered it vnto him vnder the greatest Seale that might be , and so he tooke that he meant by the Seale of Confession ; And it had ( as he thought ) a relation to Confession , in regard that he was that parties Confessor , & had taken his Confession sometimes before , and was to take it againe within few dayes thereafter . He also said , that he pretended to the partie , that he would not conceale it from his Superior . And further it is to be noted , that hee confessed , that two diuers persons conferred with him anent this Treason ; and that when the one of them , which was Catesby , conferred with him thereupon , it was in the other parties presence and hearing : and what a Confession can this be in the hearing of a third person ? And how far his last wordes ( whereof our Answerer so much vaunts him ) did disproue it to haue been vnder Confession , the Earle of Northamptons Booke doth beare witnesse . Now as to the other parties name , that reuealed the Powder-Treason vnto him , it was Greenwell the Iesuite , and so a Iesuite reuealed to a Iesuite this treasonable plot , the Iesuite reuealer not shewing any remorse , and the Iesuit whome to it was reuealed not so much as inioyning him any penance for the same . And that ye may knowe that more Iesuites were also vpon the partie , Owldcorne the other Powder-Martyr , after the misgiuing and discouerie of that Treason , preached consolatorie doctrine to his Catholike auditory ; exhorting them not to faint for the misgiuing of this enterprise , nor to thinke the worse thereof that it succeeded not ; alleadging diuers Presidents of such godly enterprises that misgaue in like manner : especially , one of Saint Lewis King of France , who in his second iourney to the Holy land , died by the way , the greatest part of his army being destroyed by the plague ; his first iourney hauing likewise misgiuen him by the Soldans taking of him : exhorting them thereupon not to giue ouer , but still to hope that God would blesse their enterprise at some other time , though this did faile . Thus see ye now with what boldnes and impudencie he hath belied the publikely knowen veritie in this errand , both in auowing generally that no Iesuite was any waies guilty of that treason , for so he affirmeth in his Booke ; and also that Garnet knewe nothing thereof , but vnder the Seale of Confession . But if this were the first lie of the affaires of this State , which my fugitiue Priestes and Iesuites haue coined and spread abroad , I could charme them of it , as the prouerbe is . But as well the walles of diuers Monasteries and Iesuites Colleges abroad , are filled with the painting of such lying Histories , as also the bookes of our said fugitiues are farced with such sort of shamelesse stuffe ; such are the innumerable sorts of torments and cruell deathes , that they record their Martyrs to haue suffered here ; some torne at foure Horses ; some sowed in Beares skinnes , and then killed with Dogges : nay , women haue not beene spared ( they say ) and a thousand other strange fictions , the vanities of all which I will in two words discouer vnto you . First as for the cause of their punishment , I doe constantly maintaine that which I haue said in my Apology : That no man , either in my time , or in the late Queenes , euer died here for his conscience . For let him be neuer so deuout a Papist , nay , though hee professe the same neuer so constantly , his life is in no danger by the Law , if hee breake not out into some outward acte expresly against the words of the Law , or plot not some vnlawfull or dangerous practise or attempt ; Priests and Popish Church-men onely excepted , that receiue orders beyond the seas ; who for the manifold treasonable practises that they haue kindled & plotted in this countrey , are discharged to come home againe vnder paine of treason , after their receiuing of the saide Orders abroad ; and yet , without some other guilt in them then their bare home-comming , haue none of thē bin euer put to death . And next , for the cruell torments & strange sorts of death that they say so many of them haue bin put vnto ; if there were no more but the Lawe and continually obserued custome of England , these many hundred yeeres , in all criminall matters , it will sufficiently serue to refute all these monstrous lies : for no tortures are euer vsed here , but the Manicles or the Racke , and these neuer but in cases of high Treason ; and all sorts of Traitours die but one maner of death here , whether they bee Papist or Protestant traitours ; Queene Maries time only excepted . For then indeede no sorts of cruell deathes were spared vnexecuted vpon men , women and children professing our Religion : yea , euen against the lawes of God and Nature , women with childe were put to cruell death for their profession ; and a liuing childe falling out of the mothers belly , was throwen in the same fire againe that consumed the mother . But these tyrannous persecutions were done by the Bishops of that time , vnder the warrant of the Popes authoritie , and therefore were not subiect to that constant order and formes of execution , which as they are heere established by our Lawes and customes , so are they accordingly obserued in the punishment of all criminals . For all Priests and Popish Traitours heere receiue their Iudgement in the temporall Courts , and so doe neuer exceed those formes of execution which are prescribed by the Law , or approued by continuall custome . One thing is also to be marked in this case ; that strangers are neuer called in question here for their Religion , which is far otherwise ( I hope ) in any place where the Inquisition domines . But hauing now too much wearied you with this long discourse , whereby I haue made you plainely see , that the wrong done vnto me in particular ; first by the Popes Breues , and then by these Libellers , doth as deepely interest you all in generall , that are Kings , free Princes , or States , as it doth mee in particular : I will now conclude , with my humble prayers to God , that he will waken vs vp all out of that Lethargike slumber of Securitie , wherein our Predecessors and we haue lien so long ; and that wee may first grauely consider , what wee are bound in conscience to doe for the planting and spreading of the true worship of God , according to his reuealed will , in all our Dominions ; therein hearing the voice of our onely Pastor ( for his Sheepe will know his voyce , as himselfe saith ) and not following the vaine , corrupt & changeable traditions of men . And next that wee may prouidently looke to the securitie of our owne States , and not suffer this incroching Babylonian Monarch to winne still ground vpon vs. And if God hath so mercifully dealt with vs , that are his Lieutenants vpon earth , as that he hath ioyned his cause with our interest , the spirituall libertie of the Gospel with our temporall freedome : with what zeale and courage may wee then imbrace this worke : for our labours herein being assured , to receiue at the last the eternall and inestimable reward of felicitie in the kingdome of Heauen ; and in the meane time to procure vnto our selues a temporall securitie , in our temporall Kingdomes in this world . As for so many of you as are already perswaded of that Truth which I professe , though differing among your selues in some particular points ; I think little perswasion should moue you to this holy and wise Resolution : Our Greatnes , nor our number , praised bee God , being not so contemptible , but that we may shew good example to our neighbors ; since almost the halfe of all Christian people and of all sorts and degrees , are of our profession ; I meane , all gone out of Babylon , euen from Kings and free Princes , to the meanest sort of people . But aboue all ( my louing Brethren and Cosins ) keepe fast the vnity of Faith amongst your selues ; Reiect a questions of Genealogies and b Aniles fabulas , as Paul saith ; Let not the foolish heate of your Preachers for idle Controuersies or indifferent things , teare asunder that mysticall Body , whereof yee are a part , since the very coat of him whose members wee are was without a seame : And let not our diuision breed a slander of our faith , and be a word of reproch in the mouthes of our aduersaries , who make Vnitie to be one of the speciall notes of the true Church . And as for you ( my louing Brethren and Cosins ) whome it hath not yet pleased GOD to illuminate with the light of trueth ; I can but humbly pray with Elizeus , that it would please GOD to open your eyes , that yee might see what innumerable and inuincible armies of Angels are euer prepared and ready to defend the truth of GOD : and with S. Paul I wish , that ye were as I am in this case ; especially that yee would search the Scriptures , and ground your Faith vpon your owne certaine knowledge , and not vpon the report of others ; since euery Man must be saf● by his owne faith . But , leauing this to GOD his mercifull prouidence in his due time , I haue good reason to remember you , to maintaine the ancient liberties of your Crownes and Common-wealthes , not suffering any vnder GOD to set himselfe vp aboue you ; and therein to imitate your owne noble predecessors , who ( euen in the dayes of greatest blindnes ) did diuers times couragiously oppose themselues to the incroaching ambition of Popes . Yea , some of your Kingdomes haue in all ages maintained , and without any interruption enioyed your libertie , against the most ambitious Popes . And some haue of very late had an euident proofe of the Popes ambitious aspiring ouer your temporall power ; wherein ye haue constantly maintained and defended your lawfull freedome , to your immortall honour . And therefore I heartily wish you all , to doe in this case the office of godly and iust Kings and earthly Iudges : which consisteth not onely in not wronging or inuading the liberties of any other person ( for to that will I neuer presse to perswade you ) but also in defending and maintaining these lawfull liberties wherewith GOD hath indued you . For ye , whom GOD hath ordained to protect your people from iniuries , should bee ashamed to suffer your selues to bee wronged by any . And thus , assuring my selfe , that ye will with a setled iudgement free of preiudice , weigh the reasons of this my Discourse , and accept my plainnesse in good part , gracing this my Apologie with your fauours , and yet no longer then till it shall be iustly and worthily refuted ; I end , with my earnest prayers to the Almightie for your prosperities , and that after your happy temporall Raignes in earth , yee may liue and raigne in Heauen with him for euer . A CATALOGVE OF the Lyes of Tortus , together with a briefe Confutation of them . Tortus . Edit . Politan . pag. 9. 1 IN the oath of Allegiance the Popes power to excommunicate euen Hereticall Kings , is expresly denied . Confutation . The point touching the Popes power in excommunicating Kings , is neither treated of , nor defined in the Oath of Allegiance , but was purposely declined . See the wordes of the Oath , and the Praemonition . pag. 9. Tortus . p. 10. 2 For all Catholike writers doe collect from the words of Christ , Whatsoeuer thou shalt loose vpon earth , shall bee loosed in heauen , that there appertaineth to the Popes authoritie , not only a power to absolue from sinnes , but also from penalties , censures , lawes , vowes and oathes . Confutation . That all Roman-catholike writers do not concurre with this Libeller , in thus collecting frō Christs words , Mat. 16. To omit other reasons , it may appeare by this that many of them do write . That what Christ promised there , that he did actually exhibite to his disciples Iohn 20. when he said , whose sinnes yee remit , they shall be remitted , thereby restraining this power of loosing formerly promised , vnto loosing from sinnes , not mentioning any absolution from lawes , vowes and oathes in this place . So doe Theophylact , Anselme , Hugo Cardin. & Ferus in Mat. 16. So doe the principall Schoolemen . Alexand. Hales in Summa . part 4. q. 79. memb . 5. & 6. art . 3. Thom. in 4. dist . 24. q. 3. art . 2. Scotus in 4. dist . 19. art . 1. Pope Hadrian . 6. in 4. dist . q. 2. de clauib . pag. 302. edit . Parsien . an . 1530. who also alledgeth for this interpretation , Augustine and the interlinear Glosse . Tortus . p. 18. 3 I abhorre all Parricide , I detest all conspiracies : yet it cannot be denied but occasions of despaire were giuen [ to the Powder-plotters . ] Confutation . That it was not any iust occasion of despaire giuen to the powder-Traitours , as this Libeller would beare vs in hand , but the instructions which they had from the Iesuites , that caused them to attempt this bloody designe : See the Praemonition , pag. 127. and the booke intituled , The proceedings against the late Traitours . Tortus . p. 26. 4 For not only the Catholiques , but also the Caluinist-puritanes detest the taking of this Oath . Confutation . The Puritanes doe not decline the Oath of Supremacie , but daily doe take it , neither euer refused it . And the same Supremacie is defended by Caluin himselfe , Instit . lib. 4. cap. 20. Tortus . p. 28. 5 First of all the Pope writeth not , that he was grieued at the calamities which the Catholiks did suffer for the keeping of the Orthodox faith in the time of the late Queene , or in the beginning of King Iames his reigne in England , but for the calamities which they suffer at this present time . Confutation . The onely recitall of the words of the Breue wil sufficiently confute this lye . For thus writeth the Pope . The tribulations and calamities which ye haue continually susteined for the keeping of the Catholique faith , haue alway afflicted vs with great griefe of minde . But forasmuch as we vnderstand , that at this time all things are more grieuous , our affliction hereby is wonderfully increased . Tortus . p. 28. 6 In the first article [ of the Statute ] the Lawes of Queene Elizabeth are confirmed . Confutation . There is no mention at all made of confirming the Lawes of Q. Elizabeth , in the first article of that Statute . Tortus . p. 29. 7 In the 10. article [ of the sayd Statute ] it is added , that if the [ Catholikes ] refuse the third time to take the Oath being tendered vnto them , they shall incurre the danger of loosing their liues . Confutation . There is no mention in this whole Statute either of offring the oath the third time , or any endangering of their liues . Tortus . p. 30. 8 In the 12. article , it is enacted , that whosoeuer goeth out of the land to serue in the warres vnder forreine Princes , they shall first of all take this Oath , or else be accounted for Traytors . Confutation . It is no where said in that Statute , that they which shall thus serue in the warres vnder forreine Princes , before they haue taken this Oath , shal be accounted for Traitors , but only for felons . Tortus . p. 35. 9 We haue already declared , that the [ Popes ] Apostolike power in binding and loosing is denyed in that Oath [ of Allegeance . ] Confutation . There is no assertory sentence in that Oath , nor any word but onely conditionall , touching the power of the Pope in binding and loosing . Tortus . p. 37. 10 The Popes themselues , euen wil they , nill they , were constrained to subiect themselues to Nero and Diocletian . Confutation . That Christians without exception , not vpon constraint but willingly and for conscience sake , did subiect themselues to the Ethnicke Emperours , it may appeare by our Apologie , p. 23 , 24. and the Apologetickes of the ancient Fathers . Tortus . p. 47. 11 In which words [ of the Breues of Clement the 8. ] not onely Iames King of Scotland , was not excluded , but included rather . Confutation . If the Breues [ of Clement ] did not exclude mee from the Kingdome , but rather did include me , why did Garnet burne them ? why would he not reserue them that I might haue seene them , that so he might haue obtained more fauour at mine hands , for him and his Catholickes ? Tortus . p. 60. 12 Of those 14. articles [ contained in the Oath of Allegeance ] eleuen of them concerne the Primacie of the Pope in matters spirituall . Confutation . No one article of that Oath doeth meddle with the Primacie of the Pope in matters spirituall : for to what end should that haue bene , since we haue an expresse Oath els-where against the Popes Primacie in matters spirituall ? Tortus . p. 64. 13 Amongst other calumnies this is mentioned , that Bellarmine was priuie to sundry conspiracies against Q Elizabeth , if not the authour . Confutation . It is no where said [ in the Apologie ] that Bellarmine was either the Authour , or priuie to any conspiracies against Queene Elizabeth but that he was their principall instructer and teacher , who corrupted their iudgement with such dangerous positions & principles , that it was an easie matter to reduce the generals into particulars , and to apply the dictates which hee gaue out of his Chaire , as opportunity serued , to their seuerall designes . Tortus . p. 64. 14 For hee [ Bellarmine ] knoweth , that Campian onely conspired against Hereticall impiety . Confutation . That the true and proper cause of Campians execution , was not for his conspiring against hereticall impiety , but for conspiring against Queene Elizabeth , and the State of this Kingdome , it was most euident by the iudiciall proceedings against him . Tortus . p. 65. 15 Why was H. Garnet , a man incomparable for learning in all kindes , and holinesse of life , put to death , but because hee would not reueale that which he could not doe with a safe conscience ? Confutation . That Garnet came to the knowledge of this horrible plot not only in confession , as this Libeller would haue it , but by other meanes , n●ither by the relation of one alone , but by diuers , so as hee might with safe conscience haue disclosed it ; See the Premonition , p. 125 , 126 , &c. and the Earle of Northamptons Booke . Tortus . p. 71. 16 Pope Sixtus 5. neither commaunded the French King to be murdered , neither approued that fact , as it was done by a priuate person . Confutation . The falsehood of this doeth easily appeare by the Oration of Sixtus . 5. Tortus . p. 91. 17 That which is added concerning Stanley his Treason , is neither faithfully nor truely related : for the Apologer ( as his maner is ) doth miserably depraue it , by adding many lyes . Confutation . That which the Apologie relateth concerning Stanley his Treason , is word for word recited out of Cardinall Allens Apologie for Stanley●s treason , as it is to be seene there . Tortus . p. 93. 18 It is very certaine that H. Garnet at his arraignment , did alwayes constantly auouch , that neither hee nor any Iesuite either were authors , or compartners , or aduisers , or consenting any way [ to the powder-Treason . ] And a little after . The same thing he protested at his death in a large speech , in the presence of innumerable people . Confutation . The booke of the proceedings against the late Traytors , and our Premonition , pag. 125 , 126 , &c. doe clearly prooue the contrary of this to be true . Tortus . p. 97. 19 King Iames since hee is no Catholike , neither is hee a Christian . Confutation . Contrary : I am a true Catholike , a professour of the truely ancient , Catholike , and Apostolike faith : and therefore am a true Christian . See the confession of my faith in the Premonition . pag. 35 , 36 , &c. Tortus . p. 98. 20 And if the reports of them , which knewe him most inwardly , be trew , When he was in Scotland , he was a Puritane , and an Enemie to Protestants : Now in England hee professeth himselfe a Protestant , and an Enemie to the Puritans . Confutation . Contrary ; and what a Puritane I was in Scotland : See my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and this my Premonition . p. 44 , 45. ¶ His falsifications in his alledging of Histories , together with a briefe declaration of their falshood . The words of Tortus . p. 70. 1 IT was certaine that hee [ Hnery 4. the Emperour ] died a naturall death . Confutation . It was not certaine : since sundry Historians write otherwise , that he dyed vpon his imprisonment by his sonne Henry 5. either with the noysomenesse and loathsomenesse of the prison , or being pined to death by hunger . Read Fasciculus temporum at the yeere 1094. Laziardus epitom . vniuersal . Histor . c. 198. Paulus Langius in Chronico Citizensi at the yeere 1105. and Iacobus Wimphelingus epitome Rerum Germanic . c. 28. Tortus . p. 83. 2 Henry 4. the Emperour feared indeed , but not any corporall death , but the censure of Excommunication , from the which that he might procure absolution , of his owne accord , he did thus demissely humble himselfe [ before Gregory 7. ] Confutation . That Henry 4. thus deiected himselfe before the Pope , it was neither of his owne accord , neither vpon any feare of the Popes Excommunication , which [ in this particular ] he esteemed of no force : but vpon feare of the losse of his kingdome and life , as the recordes of antiquitie doe euidently testifie . See Lambertus Schafnaburg . at the yeere 1077. Abbas Vispergen at the yeere 1075. The authour of the life of Henry 4. Bruno in his Historie of the Saxon warre . Laziard . in epitom . vniuersal . Histor . c. 193. Cuspian . in Henric. 4. Sigonius de Regno Italiae lib. 9. Tortus . p. 83. 3 The trueth of the History [ of Alexander 3. treading vpon the necke of Fredericke Barbarossa with his foote ] may bee iustly doubted of . Confutation . But no Historian doubteth of it ; and many doe auouch it , as Hieronym . Bard. in victor . Naual . ex Bessarion . Chronico apud Baro. ad ann . 1177. num . 5. Gerson de potestate Ecclésiae consid . 11. Iacob Bergom . in supplem . Chron. ad an . 1160. Nauclerus Gener . 40. Petrus Iustinian li. 2. Rerum Venetar . Papirius Masson . lib. 5. de Episcop . vrbis , who also alledgeth for this Gennadius Patriarch of Constantinople . Besides Alphonsus Ciacconius de vit . Pontif. in Alexand. 3. and Azorius the Iesuite . Instit . Moral . part . 2. lib. 5. c. 43. Tortus . p. 83. 4 What other thing feared Frederick Barbarossa but Excommuniticaon ? Confutation . That Frederick feared onely Pope Alexander his Excommunication , no ancient Historian doeth testifie . But many doe write , that this submission of his was principally for feare of loosing his Empire and Dominions . See for this , Martin . Polon . ad an . 1166. Platina in vita Alexand. 3. Laziard . in epitom . Historiae vniuersal . c. 212. Naucler . generat . 40. Iacobus Wimphelingus in epitom . Rerum Germanic . c. 32. Tortus . p. 88. 5 Adde heereunto , that Cuspinian . [ in relating the history of the Turks brother who was poysoned by Alexander 6. ] hath not the consent of other Writers to witnesse the trueth of this History . Confutation . The same History which is reported by Cuspinian , is recorded also by sundry other famous Historians . See Francis Guicciardin . lib. 2. Histor . Ital. Paulus Iouius lib. 2. Hist . sui temporis . Sabellic . Ennead . 10. lib. 9. Continuator . Palmerij , at the yeere 1494. ¶ The nouell Doctrines , with a briefe declaration of their Noueltie . Nouell doctrine , p. 9. 1 IT is agreed vpon amongst all , that the Pope may lawfully depose Hereticall Princes , and free their Subiects from yeelding obedience vnto them . Confutation . Nay , all are so farre from consenting in this poynt , that it may much more truely be auouched , that none entertained that conceit before Hildebrand : since he was the first broacher of this new doctrine neuer before heard of , as many learned men of that age , and the age next following ( to omit others of succeeding ages ) haue expresly testified . See for this poynt , the Epistle of the whole Clergie of Liege to Pope Paschal the 2. See the iudgement of many Bishops of those times , recorded by Auentine in his history , lib. 5. fol. 579. Also the speech vttered by Conrade Bishop of Vtrecht , in the sayd 5. booke of Auentine , fol. 582. And another by Eberhardus , Arch-Bishop of Saltzburge . Ibid. lib. 7. p. 684. Also the iudgement of the Arch-Bishop of Triers , in constitut . Imperialib . à M. Haimensfeldio editis . pag. 47. The Epistle of Walthram Bishop of Megburgh , which is extant in Dodechine his Appendix to the Chronicle of Marianus Scotus , at the yere 1090. Benno in the life of Hildebrand . The author of the booke De vnitate Ecclesiae , or the Apologie for Henry the 4. Sigebert in his Chronicle , at the yeare 1088. Godfrey of Viterbio in his History intituled Pantheon , part . 17. Otho Frisingensis , lib. 6. c. 35. & praefat . in lib. 7. Frederick Barbarossa . lib. 6. Gunther . Ligurin . de gestis Frederici , and lib. 1. c. 10. of Raduicus , de gestis eiusdem Frederici . Vincentius in speculo historiali lib. 15. c. 84. with sundry others . Nouell Doctrine . p. 51. 2 In our supernaturall birth in Baptisme wee are to conceiue of a secret and implied oath , which wee take at our new birth to yeelde obedience to the spirituall Prince , which is Christs Vicar . Confutation . It is to be wondered at whence this fellow had this strange new diuinity , which surely was first framed in his owne fantastical brain . Else let him make vs a Catalogue of his Authours , that holde and teach , that all Christians , whether infants or of age , are by vertue of an othe taken in their Baptisme , bound to yeeld absolute obedience to Christs Vicar the Pope , or baptized in any but in Christ . Nouell Doctrine . p. 94. 2 But since that Catholike doctrine doth not permit , for the auoidance of any mischiefe whatsoeuer , to discouer the secret of Sacramental confession , he [ Garnet ] rather chose to suffer most bitter death , then to violate the seale of so great a Sacramēt . Confutation . That the secret of Sacramentall confession is by no meanes to bee disclosed , no not indirectly , or in generall , so the person confessing be concealed , for auoydance and preuention of no mischiefe , how great soeuer : Besides that it is a position most daungerous to all Princes and Common wealths , as I shew in my Premonition , pag. 122 , 123. it is also a Nouell Assertion , not heard of till of late dayes in the Christian worlde : Since the common opinion euen of the Schoolemen and Canonistes both olde and newe , is vnto the contrary , Witnesse these Authours following : Alexand. Hales part . 4. qu. 78. mem . 2. art . 2. Thom. 4. dist . 21. q. 3. art . 1. ad . 1. Scotus in 4. dist . 21. q. 2. Hadrian . 6. in 4. dist . vbi de Sacram. Confess . edit . Paris . 1530. pag. 289. Dominic . Sot. in 4. dist . 18. q. 4. art . 5. Francis . de victor . sum . de Sacram. n. 189. Nauar. in Enchirid. c. 8. Ioseph . Angles in Florib . part 1. pag. 247. edit . Antuerp . Petrus Soto lect . 11. de confess . The Iesuites also accorde hereunto , Suarez . Tom. 4. disp . in 3. part . Thom. disp . 33. § . 3. Gregor . de Valentia . Tom. 4. disp . 7. q. 13. punct . 3. who saith the common opinion of the Schoolemen is so . Nouell Doctrine . p. 102. 4 I dare boldly auow , that the Catholikes haue better reason to refuse the Oath [ of Alleageance ] then Eleazar had to refuse the eating of swines flesh . Confutation . This assertion implieth a strange doctrine in deede , that the Popes Breues are to bee preferred before Moses Law : And that Papistes are more bound to obey the Popes decree , then the Iewes were to obey the Law of God pronounced by Moyses . Nouell Doctrine . p. 135. 5 Churchmen are exempted from the Iurisdiction of secular Princes , & therfore are no subiects to Kings : yet ought they to obserue their Lawes concerning matters temporall , not by vertue of any Lawe , but by enforcement of reason , that is to say , not for that they are their Subiects , but because reason will giue it , that such Lawes are to bee kept for the publike good , and quiet of the Common-wealth . Confutation . How true friends the Cardinall and his Chaplen are to Kings , that would haue so many Subiects exempted from their power : See my Premonition , p. 20 , 21. Also p. 114 , 115. &c. But as for this and the like new Aphorismes , I would haue these cunning Merchants to cease to vent such stuffe for ancient and Catholike wares in the Christian world , till they haue disproued their owne Venetians , who charge them with Noueltie , and forgery in this poynt , Triplici nodo , triplex cuneus . OR AN APOLOGIE FOR THE OATH of Allegiance . Against the two Breues of Pope PAVLVS QVINTVS , and the late Letter of Cardinall BELLARMINE to G. BLACKVVEL the Arch-priest . Tunc omnes populi clamauerunt & dixerunt , Magna est Veritas , & praeualet . ESDR . 3. ¶ Authoritate Regiâ . ¶ Imprinted at London by Robert Barker , Printer to the Kings most Excellent Maiestie . ANNO 1609. AN APOLOGIE FOR THE OATH of Allegiance . WHat a monstrous , rare , nay neuer heard of Treacherous Attempt , was plotted within these few yeeres heere in England , for the destruction of Me , my Bed-fellow , and our Posterity , the whole house of Parliament , and a great number of good Subiects of all sorts and degrees : is so famous already through the whole world by the infamy thereof , as it is needlesse to be repeated or published any more ; the horrour of the sinne it selfe doth so lowdly proclaime it . For if those a crying Sinnes ( whereof mention is made in the Scripture ) haue that epithete giuen them for their publique infamie , and for procuring as it were with a loud crie from heauen a iust vengeance and recompense ; and yet those sinnes are both old and too common , neither the world nor any one Countrey being euer at any time cleane voyd of them : If those sinnes ( I say ) are said in the Scripture to cry so loud ; What then must this sinne doe , plotted without cause , infinite in crueltie , and singular from all examples ? What proceeded hereupon is likewise notorious to the whole worlde ; our Iustice onely taking hold vpon the Offenders , and that in as honourable and publique a forme of Trial , as euer was vsed in this Kingdome . 2. For although the onely reason they gaue for plotting so heinous an Attempt , was the zeale they carried to the Romish Religion ; yet were neuer any other of that profession the worse vsed for that cause , as by our gracious Proclamation immediatly after the discouery of the said fact doeth plainely appeare : onely at the next sitting downe againe of the Parliament , there were Lawes made , setting downe some such orders as were thought fit for preuenting the like mischiefe intime to come . Amongst which a forme of OATH was framed to be taken by my Subiects , whereby they should make a cleare profession of their resolution , faithfully to persist in their obedience vnto me , according to their naturall allegiance ; To the end that I might hereby make a separation , not onely betweene all my good Subiects in generall , and vnfaithfull Traitors , that intended to withdraw themselues from my obedience ; But specially to make a separation betweene so many of my Subiects , who although they were otherwise popishly affected , yet retained in their hearts the print of their naturall duetie to their Soueraigne ; and those who being caried away with the like fanaticall zeale that the Powder-Traitors were , could not conteine themselues within the bounds of their naturall Allegiance , but thought diuersitie of religion a safe pretext for all kinde of treasons , and rebellions against their Soueraigne . Which godly and wise intent God did blesse with successe accordingly : For very many of my Subiects that were popishly affected , aswel priests , as layicks , did freely take the same Oath : whereby they both gaue me occasion to thinke the better of their fidelitie , and likewise freed themselues of that heauy slander , that although they were fellow professors of one Religion with the powder Traitors , yet were they not ioyned with them in treasonable courses against their Souereigne ; whereby all quietly minded Papists were put out of despaire , and I gaue a good proofe that I intended no persecution against them for conscience cause , but onely desired to bee secured of them for ciuill obedience , which for conscience cause they were bound to performe . 3. But the deuil could not haue deuised a more malicious tricke for interrupting this so calme and clement a course , then fell out by the sending hither , and publishing a Breue of the Popes , countermaunding all them of his profession to take this Oath ; Thereby sowing new seedes of ielousie betweene me and my Popish Subiects , by stirring them vp to disobey that lawfull commandement of their Soueraigne , which was ordeined to be taken of them as a pledge of their fidelity ; And so by their re●usall of so iust a charge , to giue me so great and iust a ground for punishment of them , without touching any matter of cons● : throwing themselues needlesl● 〈…〉 of these desperate straites : 〈…〉 losse of their liues and 〈…〉 their Allegiance to the●● 〈…〉 ; or else to procure the condemnation of their Soules by renouncing the Catholike faith , as he alleadgeth . 4. And on the other part , although disparity of Religion ( the Pope being head of the contrary part ) can permit no intelligence nor intercourse of messengers betwerne me and the Pope : yet there being no denounced warre betweene vs , he hath by this action broken the rules of common ciuility and iustice betweene Christian Princes , in thus condemning me vnheard , both by accounting me a persecutor , which can not be but implyed by exhorting the Papists to endure Martyrdome ; as likewise by so straitly commanding all those of his Profession in England , to refuse the taking of this Oath ; thereby refusing to professe their naturall obedience to me their Soueraigne . For if he thinke himselfe my lawfull Iudge , wherefore hath he condemned me vnheard ? And , if he haue nothing to doe with me and my gouernement ( as indeed he hath not ) why doeth hee mittere falcem in alienam messem , to meddle betweene mee and my Subiects , especially in matters that meerely and onely concerne ciuill obedience ? And yet could Pius Quintus in his greatest furie and auowed quarrell against the late Queene , do no more iniury vnto her ; then he hath in this cause offered vnto me , without so much as a pretended or an alleadged cause . For what difference there is , betweene the commaunding Subiects to rebell , and loosing them from their Oath of Allegiance as Pius Quintus did ; & the commanding of Subiects not to obey in making profession of their Oath of their dutiful Allegiance , as this Pope hath now done : no man can easily discerne . 5. But to draw neere vnto his Breue , wherin certainly he hath taken more paines then he needed , by setting downe in the said Breue the whole body of the Oath at length ; whereas the only naming of the Title thereof might as wel haue serued , for any answere he hath made thereunto ( making Vna litura , that is , the flat and generall condemnation of the whole Oath to serue for all his refutation ) Therein hauing as well in this respect as in the former , dealt both vndiscreetly with me , and iniuriously with his owne Catholikes . With me ; in not refuting particularly what speciall wordes hee quarrelled in that Oath ; which if he had done , it might haue bene that for the fatherly care I haue not to put any of my Subiects to a needlesse extremitie , I might haue bene contented in some sort to haue reformed or interpreted those wordes . With his owne Catholicks : for either if I had so done , they had beene therby fully eased in that businesse ; or at least if I would not haue condescended to haue altered any thing in the said Oath , yet would thereby some appearance or shadow of excuse haue beene left vnto them for refusing the same : not as seeming thereby to swarue from their Obedience and Allegiance vnto me , but onely being stayed from taking the same vpon the scrupulous tendernesse of their consciences , in regard of those particular wordes which the Pope had noted and condemned therein . And now let vs heare the wordes of his thunder . POPE PAVLVS the fift , to the English Catholikes . WElbeloued Sonnes , Salutation and Apostolical Benediction . The tribulations and calamities , which yee haue continually susteined for the keeping of the Catholike Faith , haue alwaies afflicted vs with great griefe of minde : But for as much as we vnderstand that at this time all things are more grieuous , our affliction hereby is wonderfully increased . For we haue heard how you are compelled , by most grieuous punishments set before you , to goe to the Churches of Heretikes , to frequent their assemblies , to be present at their Sermons . Truely we doe vndoubtedly beleeue , that they which with so great constancie and fortitude , haue hitherto indured most cruell persecutions and almost infinite miseries , that they may walke without spot in the Law of the Lord ; will neuer suffer themselues to bee defiled with the communion of those that haue forsaken the diuine Law. Yet notwithstanding , being compelled by the zeale of our Pastorall Office , and by our Fatherly care which we doe continually take sor the saluation of your soules , we are inforced to admonish and desire you ; that by no meanes you come vnto the Churches of the Heretikes , or heare their Sermons , or communicate with them in their Rites , lest you incurre the wrath of God. For these things may yee not doe without indamaging the worship of God , and your owne saluation . As likewise you cannot without most euident and grieuous wronging of Gods Honour , binde your selues by the Oath , which in like maner we haue heard with very great griefe of our heart is administred vnto you , of the tenor vnder written . viz. I A.B. doe truely and sincerely acknowlege , professe , testifie and declare in my conscience before God and the world , That our Soueraigne Lord King IAMES , is lawfull King of this Realme , and of all other his Maiesties Dominions and Countreyes : And that the Pope neither of himselfe , nor by any authoritie of the Church or Sea o● Rome , or by any other meanes with any other , hath any power or authoritie to depose the King , or to dispose of any of his Maiesties Kingdomes or Dominions , or to authorize any forraigne Prince , to inuade or annoy him or his Countreys , or to discarge any of his Subiects of their Allegiance and obedience to his Maiestie , or to giue Licence or leaue to any of them , to beare Armes , raise tumults , or to offer any violence or hurt to his Maiesties Royal person , State or Gouernment , or to any of his Maiesties Subiects within his Maiesties Dominions . Also I doe sweare from my heart , that , notwithstanding any declaration or sentence of Excommunication , or depriuation made or granted , or to be made or granted , by the Pope or his Successors , or by any Authoritie deriued , or pretended to be deriued from him or his Sea , against the said King , his Heires or Successors , or any Absolution of the said subiects from their Obedience ; I will beare faith and true Allegiance to his Maiestie , his Heires and Successors , and him and them will defend to the vttermost of my power , against all Conspiracies and Attempts whatsoeuer , which shal be made against his or their Persons , their Crowne and dignitie , by reason or colour of any such Sentence , or declaration , or otherwise , and will doe my best endeuour to disclose and make knowen vnto his Maiestie , his Heires and Successors , all Treasons and traiterous Conspiracies , which I shall know or heare of , to be against him or any of them . And I doe further sweare , That I doe from my heart abhorre , detest and abiure as impious and Hereticall , this damnable doctrine and Position , That Princes which be excommunicated or depriued by the Pope , may be deposed or murthered by their Subiects , or any other whatsoeuer . And I doe beleeue , and in conscience am resolued , that neither the Pope nor any person whatsoeuer , hath power to absolue me of this Oath , or any part thereof ; which I acknowledge by good and full Authoritie to be lawfully ministred vnto me , and doe renounce all pardons and dispensations to the contrary . And all these things I doe plainely and sincerely acknowledge and sweare , according to these expresse wordes by me spoken , and according to the plaine and common sence and vnderstanding of the same words , without any Equiuocation , or mental euasion , or secret reseruation whatsoeuer . And I doe make this Recognition and acknowledgement heartily , willingly and truely , vpon the true Faith of a Christian . So helpe my GOD. Which things since they are thus ; it must euidently appeare vnto you by the words themselues , That such an Oath cannot be taken without hurting of the Catholique Faith , and the Saluation of your Soules ; seeing it conteines many things , which are flat contrary to Faith and Saluation . Wherefore wee doe admonish you , that you doe vtterly abstaine from taking this and the like Oathes : which thing wee doe the more earnestly require of you , because we haue experience of the Constancie of your Faith , which is tried like Gold in the fire of perpetuall Tribulation . Wee doe wel knowe , that you will cheerefully vnder-goe all kind of cruell Torments whatsoeuer , yea and constantly endure death it selfe , rather then you will in any thing offend the Maiestie of God. And this our Confidence is confirmed by those things , which are dayly reported vnto vs , of the singular vertue , valour and fortitude which in these last times doeth no lesse shine in your Martyrs , then it did in the first beginnings of the Church . Stand therefore , your Loynes being girt about with Veritie , and hauing on the Brest-plate of righteousnesse , taking the Shield of Faith , bee yee strong in the Lord , and in the power of his might ; And let nothing hinder you . Hee which will crowne you , and doeth in Heauen beholde your Conflicts , will finish the good worke which he hath begun in you . You know how he hath promised his Disciples , that hee will neuer leaue them Orphanes : for hee is faithfull which hath promised . Hold fast therefore his correction , that is , being rooted and grounded in Charitie , whatsoeuer ye doe , whatsoeuer yee indeuour , doe it with one accord , in simplicitie of Heart , in meekenesse of Spirit , without murmuring or doubting . For by this doe all men know that wee are the Disciples of Christ , if we haue Loue one to another . Which Charitie , as it is very greatly to bee desired of all faithfull Christians ; So certainely is it altogether necessary for you , most blessed Sonnes . For by this your Charitie , the power of the Deuill is weakened , who doeth so much assaile you , since that Power of his is especially vp held by the Contentions and Disagreement of our Sonnes . We exhort you therefore by the bowels of our Lord Iesus Christ , by whose Loue we are taken out of the Iawes of eternall Death ; That aboue all things , you would haue mutuall Charitie among you . Surely Pope Clement the eight of happy memory , hath giuen you most profitable Precepts of practising brotherly Charitie one to another , in his Letters in forme of a Breue , to our welbeloued Sonne M. George Arch-priest of the Kingdome of England , dated the 5. day of the moneth of October , 1602. Put them therefore diligently in practise , and bee not hindered by any difficultie or doubtfulnesse . We command you that ye doe exactly obserue the words of those Letters , and that yee take and vnderstand them simply as they sound , and as they lie ; all power to interpret them otherwise , being taken away . In the meane while , we will neuer cease to pray to the Father of Mercies , that hee would with pitie beholde your afflictions and your paines ; And that he would keepe and defend you with his continuall Protection : whom we doe gently greete with our Apostolicall Benediction . Dated at Rome at S. Marke , vnder the Signet of the Fisherman , the tenth of the Calends of October , 1606. the second yeere of our Popedome . THE ANSWERE to the first Breue . FIrst , the Pope expresseth heerein his sorrow , for that persecution which the Catholiques sustaine for the faiths sake . Wherein , besides the maine vntrueth whereby I am so iniuriously vsed , I must euer auow and maintaine , as the trueth is according to mine owne knowledge , that the late Queene of famous memorie , neuer punished any Papist for religion , but that their owne punishment was euer extorted out of her hands against her will , by their owne misbehauiour , which both the time and circumstances of her actions will manifestly make proofe of . For before Pius Quintus his excommunication giuing her ouer for a preye , and setting her Subiects at liberty to rebel , it is well knowen she neuer medled with the blood or hard punishment of any Catholique , nor made any rigorous lawes against them . And since that time , who list to compare with an indifferent eye , the manifold intended Inuasions against her whole Kingdome , the forraine practises , the internall publike rebellilions , the priuate plots and machinations , poysonings , murthers , and all sorts of deuises , et quid non ? daily set abroach ; and all these wares continually fostered & fomented from Rome ; together with the continuall corrupting of her Subiects , as well by temporall bribes , as by faire and specious promises of eternall felicitie ; and nothing but booke vpon booke publikely set forth by her fugitiues , for approbation of so holy designes : who list , I say , with an indifferent eye , to looke on the one part , vpon those infinite & intollerable temptations , and on the other part vpon the iust , yet moderate punishment of a part of these hainous offenders ; shall easily see that that blessed defunct Lady vvas as free from persecution , as they shall free these hellish Instruments from the honour of martyrdome . 5. But novv hauing sacrificed ( if I may so say ) to the Manes of my late predecessor , I may next vvith S. Paul iustly vindicate my ovvne fame , from those innumerable calumnies spred against me , in testifying the trueth of my behauiour tovvard the Papists : vvherin I may truely affirme , that vvhatsoeuer vvas her iust and mercifull Gouernement ouer the Papists in her time , my Gouernement ouer them since hath so farre exceeded hers , in mercie and clemencie , as not onely the Papists themselues grevve to that height of pride , in confidence of my mildenesse , as they did directly expect , and assuredly promise to themselues liberty of conscience and equalitie vvith other of my Subiects in all things ; but euen a number of the best and faithfullest of my sayd subiects , vvere cast in great feare & amazement of my course and proceedings , euer prognosticating and iustly suspecting that sowre fruit to come of it , which shevved it selfe clearely in the powder-Treason . How many did I honour with knighthood , of knowen & open Recusants ? How indifferently did I giue audience , and accesse to both sides , bestowing equally all fauours and honors on both professions ? How free & continual accesse , had all rankes & degrees of Papists in my Court & company ? And aboue alll , how frankly and freely did I free Recusants of their ordinary payments ? Besides , it is euident what strait order vvas giuen out of my ovvne mouth to the Iudges , to spare the execution of all Priests , ( notwithstanding their conuiction , ) ioyning thereunto a gracious Proclamation , wherby all Priests , that were at liberty , and not taken , might goe out of the country by such a day : my generall Pardon hauing bin extended to all conuicted Priests in prison : whereupon they vvere set at liberty as good Subiects : and all Priests that were taken after , sent ouer and set at liberty there . But time & paper vvill faile mee to make enumeration of all the benefits and fauours that I bestowed in generall and particular vpon Papists : in recounting whereof euery scrape of my pen would serue but for a blot of the Popes ingratitude and Iniustice , in meating me with so hard a measure for the same . So as I thinke I haue sufficiently , or at least with good reason wiped the a teares from the Popes eyes , for complaining vpon such persecution , who if he had beene but politikely wise , although he had had no respect to Iustice and Veritie , would haue in this complaint of his , made a difference betweene my present time , and the time of the late Queene , And so by his commending of my moderation , in regarde of former times , might haue had hope to haue moued me to haue continued in the same clement course . For it is a true saying , that alledged kindnes vpon noble mindes , doth euer worke much . And for the maine vntrueth of any persecution in my time , it can neuer be proued , that any were , or are put to death since I came to the Crowne for cause of Conscience : except that now this discharge giuen by the Pope to all Catholiques to take their oath of Allegiance to me , be the cause of the due punishment of many : which if it fall out to be , let the blood lig●t vpon the Popes head , who is the onely cause thereof . As for the next point contained in his Breue concerning his discharge of all Papists to come to our Church , or frequent our rites and ceremonies , I am not to meddle at this time with that matter , because my errand now only is to publish to the world the Iniurie and Iniustice done vnto me in discharging my subiects to make profession o● their obedience vnto me . Now as to the point where the oath is quarrelled , it is se● downe in few , but very weightie words ; to wit , That it ought to be cleare vnto all Catholiques , that this oath cannot be taken with safety of the Catholike Faith , and of their soules health , since it containeth many things that are plainely and directly contrary to their faith & saluation . To this , the old saying fathered vpon the Philosopher may very fi●ly be applied , Mul ta dicit sed pauca probat : nay indeede , Nihil omnino probat . For how the profession of the natural Allegiance of Subiects to their Prince can be directly opposite to the faith & saluation of soules , is so farre beyond my simple reading in Diuinitie , as I must thinke it a strange and new Assertion , to proceed out of the mouth of that pretended generall Pastor of all Christian soules . I reade indeede , and not in one , or two , or three places of Scripture , that Subiects are bound to obey their Princes for conscience sake , whether they were good or wicked Princes . So saide the people to a Ioshua , As wee obeyed Moses in all things , so will we obey thee . So the b Prophet commanded the people to obey the King of Babel , saying , Put your neckes vnder the yoke of the King of Babel , and serue him and his people , that yee may liue . So were the children of Israel , vnto c Pharaoh , desiring him to let them goe : so to d Cyrus , obtaining leaue of him to returne to build the Temple : and in a word , the e Apostle willed all men to be subiect to the higher powers for conscience sake . Agreeable to the Scriptures did the Fathers teach . f Augustine speaking of Iulian , saith , Iulian was an vnbeleeuing Emperour : was he not an Apostata , an Oppressour , and an Idolater ? Christian Souldiers serued that vnbeleeuing Emperour : when they came to the cause of CHRIST , they would acknowledge no Lord , but him that is in heauen : When he would haue them to worship Idoles and to sacrifice , they preferred GOD before him : But when hee said , goe forth to fight , inuade such a nation , they presently obeyed . They distinguished their eternall Lord from their temporall , and yet were they subiect euen vnto their temporall lord , for his sake that was their eternall Lord and Master . g Tertullian saith , A Christian is enemie to no man , much lesse to the Prince , whom hee knoweth to be appointed of God : and so of necessitie must loue , reuerence and honour him , and wish him safe with the whole Romane Empire , so long as the world shall last : for so long shall it endure . We honour therefore the Emperour in such sort , as is lawfull for vs , and expedient for him , as a man , the next vnto God , and obtaining from God whatsoeuer hee hath , and onely inferiour vnto God. This the Emperour himselfe would : for so is he greater then all , while hee is inferiour onely to the true God. h Iustine Martyr ; We onely adore God , and in all other things cherefully performe seruice to you , professing that you are Emperours and Princes of men . i Ambrose ; I may lament , weepe and sigh : My teares are my weapons against their armes , souldiers , and the Gothes also : such are the weapons of a Priest : Otherwise neither ought I , neither can I resist . k Optatus ; Ouer the Emperour , there is none but onely God , that made the Emperour . And l Gregory writing to Mauritius about a certaine Law , that a souldier should not be receiued into a Monastery , nondū expleta militia , The Almightie God , saith he , holdes him guilty , that is not vpright to the most excellent Emperour in all things that he doth or speaketh . And then calling himselfe the vnworthy seruant of his Godlinesse , goeth on in the whole Epistle to shew the iniustice of that Law , as he pretendeth : and in the ende concludes his Epistle with these words , I being subiect to your commaund , haue caused the same Law to bee sent through diuers parts of your Dominions : and because the Law it selfe doeth not agree to the Law of the Almightie God , I haue signified the same by my letters to your most excellent Lordship : so that on both parts I haue payed what I ought : because I haue yeelded obedience to the Emperour , and haue not holden my peace , in what I thought for God. Now how great a contrarietie there is betwixt this ancient Popes action in obeying an Emperour by the publication of his Decree , which in his owne conscience he thought vnlawfull , and this present Popes prohibition to a Kings Subiects from obedience vnto him in things most lawfull and meere temporall ; I remit it to the Readers indifferency . And answerably to the Fathers spake the Councels in their decrees . As the Councell of m Arles , submitting the whole Councell to the Emperour in these words : These things we haue decreed to be presented to our lord the Emperor , beseeching his clemencie , that if we haue done lesse then we ought , it may be supplied by his wisedome : if any thing otherwise then reason requireth , it may bee corrected by his iudgement : if any thing bee found fault with by vs with reason , it may be perfected by his ayd with Gods fauourable assistance . But why should I speake of Charles the Great , to whom not one Councell , but sixe seuerall Councels , Frankford , Arles , Tours , Chalons , Ments & Rhemes did wholy submit themselues ? and not rather speake of all the generall Councels , that of Nice , Constantinople , Ephesus , Chalcedon , and the foure other commonly so reputed , which did submit themselues to the Emperours wisdome , and pietie in all things ? Insomuch as that of Ephesus repeated it foure seuerall times , That they were summoned by the Emperours Oracle , becke , charge , and command , and betooke themselues to his Godlinesse , a beseeching him , that the decrees made against Nestorius and his followers , might by his power haue their full force and validitie , as appeareth manifestly in the Epistle of the generall Councell of Ephesus written ad Augustos . I also reade that Christ said , his b kingdome was not of this world , bidding , Giue to c Caesar what was Caesars , and to God what was Gods. And I euer held it for an infallible maxime in Diuinitie , That temporall obedience to a temporal Magistrate did nothing repugne to matters of faith or saluation of soules . But that euer temporall obedience was against faith and saluation of soules , as in this Breue is alledged , was neuer before heard nor read of in the Christian Church . And therefore I would haue wished the Pope , before he had set downe this commaundement to all Papists here , That since in him is the power , by the infalibility of his spirit , to make new articles of faith when euer it shall please him ; that he had first set it downe for an article of faith , before hee had commaunded all Catholikes to beleeue and obey it . I will then conclude the answere to this point in a Dilemma . Either it is lawful to obey the Soueraigne in temporall things , or not . If it be lawfull , ( as I neuer heard nor read it doubted of ) then why is the Pope so vniust and so cruel towards his owne Catholikes , as to commaund them to disobey their Soueraignes lawfull commandement ? If it be vnlawful , why hath he neither expressed any one cause or reason thereof , nor yet wil giue thē leaue , ( nay rather he should commaund and perswade them in plaine termes ) not to liue vnder a King whom vnto they ought no obedience ? And as for the vehement exhortation vnto them to perseuere in constancie , and to suffer martyrdome , and all tribulation for this cause ; it requireth no other answere then onely this , That if the ground be good whereupon he hath commaunded them to stand , then exhortation to constancie is necessary : but if the ground bee vniust , and naught ( as indeed it is , and I haue in part already proued ) then this Exhortation of his can work no other effect , then to make him guilty of the blood of so many of his sheep , whom he doeth thus wilfully cast away , not onely to the needlesse losse of their liues , and ruine of their families , but euen to the laying on of a perpetuall flaunder vpon all Papists ; as if no zealous Papist could be a true subiect to his Prince ; and that the profession of that Religion , and the temporall obedience to the Ciuill Magistrate , were two things repugnant & incompatible in themselues . But euill information , and vntrue reports ( which beeing carried so farre as betweene this and Rome , cannot but increase by the way ) might haue abused the Pope , and made him dispatch this Breue so rashly . For that great City , Queene of the World , and as themselues confesse , a mystically Babylon , cannot but be so full of all sorts of intelligencies . Besides , all complainers ( as the Catholikes heere are ) be naturally giuen to exaggerate their owne griefes , and multiply thereupon . So that it is no wonder , that euen a Iudge sitting there , should vpon wrong information , giue an vnrighteous sentence ; as some of their owne partie doe not sticke to confesse , that Pius Quintus was too rashly caried vpon wrong information , to pronounce his thunder of Excōmunication vpon the late Queene . And it may be , the like excuse shal hereafter be made for the two Breues , which b Clemens octauus sent to England immediatly before her death , for debarring mee of the Crowne , or any other that either would professe , or any wayes tollerate the professors of our Religion ; contrary to his manifold vowes and protestations , simul & eodem tempore , & as it were , deliuered vno & eodem spiritu , to diuers of my ministers abroad , professing such kindnesse , and shewing such forwardnesse to aduance mee to this Crowne . Nay , the most part of Catholikes heere , finding this Breue when it came to their handes , to bee so farre against diuinity , policy , or naturall sense , were firmely perswaded , that it was but a counterfeit Libel , deuised in hatred of the Pope ; or at the farthest , a thing hastily done vpon wrong information , as was before saide . Of which opinion were not onely the simpler sort of Papists , but euen some amongst them of best account , both for learning and experience ; whereof the Arch-priest himselfe was one . But for soluing of this obiection , the Pope himselfe hath taken new paines by sending foorth a second Breue , onely for giuing faith and confirmation to the former : That whereas before , his sinne might haue beene thought to haue proceeded from rashnesse , and mis-information , he will now wilfully and willingly double the same : whereof the Copie followeth . TO OVR BELOued sonnes the English Catholikes , Paulus P.P. V ius . BEloued Sonnes , Salutation and Apostolicall benediction . It is reported vnto vs , that there are found certaine amongst you , who when as wee haue sufficiently declared by our Letters , dated the last yeere on the tenth of the Calends of October in the forme of a Breue , that ye cannot with safe Conscience take the Oath , which was then required of you ; and when as we haue further straightly commanded you , that by no meanes ye should take it ; yet there are some , I say , among you , which dare now affirme , that such Letters concerning the forbidding of the Oath , were not written of our owne accord , or of our owne proper will , but rather for the respect and at the instigation of other men . And for that cause , the same men do goe about to perswade you , that our commands in the said letters are not to be regarded . Surely this newes did trouble vs ; and that so much the more , because hauing had experience of your obedience ( most dearely beloued sonnes ) who to the end ye might obey this holy Sea , haue godlily , and valiantly contemned your riches , wealth , honour , libertie , yea and life it selfe ; we should neuer haue suspected , that the trueth of our Apostolike letters could once be called into question among you , that by this pretence yee might exempt your selues from our commandements . But we doe herein perceiue the subtiltie and craft of the enemie of mans saluation ; and wee doe attribute this your backwardnesse rather to him , then to your owne will. And for this cause , we haue thought good to write the second time vnto you , and to signifie vnto you againe , that our Apostolike letters dated the last yeere on the tenth of the Calends of October concerning the prohibition of the Oath , were written not onely vpon our proper motion , and of our certaine knowledge , but also after long and weightie deliberation vsed concerning all those things , which are conteined in them ; and for that cause that yee are bound fully to obserue them , reiecting all interpretation perswading to the contrary . And this is our meere , pure , and perfect will , being alwayes carefull of your saluation , and alwayes minding those things which are most profitable vnto you . And we doe pray without ceasing , that he that hath appointed our lowlines to the keeping of the flocke of Christ , would inlighten our thoughts and our counsels : whom wee doe also continually desire , that hee would increase in you ( our beloued Sonnes ) faith , constancy , and mutuall charity and peace one to another . All whom , wee doe most louingly blesse with all charitable affection . Dated at Rome at Saint Markes vnder the Signet of the Fisherman , the x. of the Calends of September , 1607. the third yeere of our Popedome . THE ANSWERE to the second Breue . NOw for this Breue , I may iustly reflect his owne phrase vpon him , in tearming it to bee The craft of the Deuil . For if the Deuil had studied a thousand yeres , for to finde out a mischiefe for our Catholikes here , hee hath found it in this : that now when many Catholiks haue taken their Oath , and some Priests also ; yea , the Arch-priest himselfe , without compunction or sticking , they shall not now onely bee bound to refuse the profession of their naturall Allegiance to their Soueraigne , which might yet haue beene some way coloured vpō diuers scruples conceiued vpon the wordes of the Oath ; but they must now renounce & fors●eare their profession of obedience already sworne , and so must as it were at the third instance forsweare their former two Oaths , first closely sworne , by their birth in the naturall Allegiance ; and next , clearely confirmed by this Oath , which doeth nothing but expresse the same : so as no man can now hold the faith , or procure the saluation of his sould in England , that must not abiure and renounce his borne and sworne Allegiance to his naturall Soueraigne . And yet it is not sufficient to ratifie the last yeeres Breue , by a new one come foorth this yeere ; but ( that not onely euery yeere , but euery moneth may produce a new monster ) the great and famous Writer of the Controuersies , the late vn-Iesuited Cardinall Bellarmine , must adde his talent to this good worke , by blowing the bellowes of sedition , and sharpening the spur to rebellion , by sending such a Letter of his to the Arch-priest here , as it is wonder how passion and an ambitious desire of maintaining that Monarchie , should charme the wits of so famously learned a man. The Copie where of here followeth . TO THE VERY REuerend Mr. George Blackwel , Arch-priest of the English : Robert Bellarmine Cardinall of the holy Church of Rome , greeting . REuerend Sir , and Brother in CHRIST , It is almost fourty yeeres since we did see one the other : but yet I haue neuer bin vnmindful of our ancient acquaintance , neither haue I ceased , seeing I could doe you no other good , to commend your labouring most painfully in the Lords vineyard , in my prayers to GOD. And I doubt not , but that I haue liued all this while in your memory , and haue had some place in your prayers at the Lords Altar . So therefore euen vnto this time wee haue abidden , as S. Iohn speaketh , in the mutuall loue one of the other , not by word or letter , but in deede and trueth . But a late message which was brought vnto vs within these few dayes , of your bonds and imprisonment , hath inforced mee to breake off this silence ; which message , although it seemed heauy in regard of the losse which that Church hath receiued , by their beeing thus depriued of the comfort of your pastorall function among them , yet withall it seemed ioyous , because you drewe neere vnto the glory of Martyrdome , then the which gift of God there is none more happy ; That you , who haue fed your flocke so many yeeres with the word and doctrine , should now feed it more gloriously by the example of your patience . But another heauy tidings did not a litle disquiet and almost take away this ioy , which immediatly followed , of the aduersaries assault , and peraduenture of the slip and fall of your Constancy in refusing an vnlawfull Oath . Neither truely ( most deare Brother ) could that Oath therfore be lawfull , because it was offered in sort tempered and modified : for you know that those kinde of modifications are nothing else , but sleights & subtilties of Sathan , that the Catholique faith touching the Primacie of the Sea Apostolique , might either secretly or openly be shot at , for the which faith so many worthy Martyrs euen in that very England it selfe , haue resisted vnto blood . For most certaine it is , that in whatsoeuer wordes the Oath is conceiued by the aduersaries of the faith in that Kingdome , it tends to this end , that the authoritie of the head of the Church in England , may be transferred from the successour of S. Peter , to the Successour of K. Henry the eight . For that which is pretended of the danger of the Kings life , if the high Priest should haue the same power in England , which hee hath in all other Christian Kingdomes , it is altogether idle , as all that haue any vnderstanding , may easily perceiue . For it was neuer heard of from the Churches infancy vntill this day , that euer any Pope did command that any Prince , though an Heretike , though an Ethnike , though a Persecutor , should be murdered ; or did approue of the fact when it was done by any other . And why , I pray you , doeth onely the King of England feare that , which none of all other the Princes in Christendome either doeth feare , or euer did feare ? But , as I saide , these vaine pretexts are but the trappes and stratagemes of Satan : Of which kinde I could produce not a f●we out of Ancient Stories , if I went about to write a book● and not an Epistle . One onely for example sake I will call to your memory S. Gregorius Nazianzenus in his first Oration against Iulian the Emperour , reporteth , That he , the more easily to beguile the simple Christians , did insert the Images of the false gods into the pictures of the Emperor , which the Romanes did vse to bow dawne vnto with a ciuill kind of reuerence : so that no man could doe reuerence to the Emperours picture , but withall he must adore the Images of the false gods ; whereupon it came to passe that many were deceiued . And if there were any that found out the Emperours craft , and refused to worship his picture , those were most grieuously punished , as men that had contemned the Emperour in his Image . Some such like thing , me thinkes , I see in the Oath that is offered to you , which is to so craftily composed , that no man can detest Treason against the King and make profession of his Ciuill subiection , but he must be constrained perfidiously to denie the Primacie of the Apostolike Sea. But the seruants of Christ , and especially the chiefe Priests of the Lord ought to be so farre from taking an vnlawfull Oath , where they may indamage the Faith , that they ought to beware that they giue not the least suspicion of dissimulation that they haue taken it , least they might seeme to haue left any example of preuarication to faithfull people . Which thing that worthy Eleazar did most notably performe , who would neither eate swines flesh , nor so much as faine to haue eaten it , although hee saw the great torments that did hang ouer his head ; least , as himselfe speaketh in the second booke of the Machabees , many yong men might be brought through that similation , to preuaricate with the Law. Neither did Basil the great by his example , which is more fit for our purpose , carrie himselfe lesse worthily toward Valens the Emperour . For as Theodoret writeth in his Historie , when the Deputy of that heretical Emperour did perswade Saint Basill , that he would not resist the Emperour for a little subtiltie of a few points of doctrine ; that most holy and prudent man made answere , That it was not to bee indured , that the least syllable of Gods word should bee corrupted , but rather all kind of torment was to be embraced , for the maintenance of the Trueth thereof . Now I suppose , that there wants not amongst you , who say that they are but subtilties of Opinions that are conteined in the Oath that is offred to the Catholikes , and that you are not to striue against the Kings Authoritie for such a little matter . But there are not wanting also amongst you holy men like vnto Basil the Great , which will openly auow , that the very least syllable of Gods diuine trueth is not to be corrupted , though many torments were to be endured , and death it selfe set before you . Amongst whom it is meete , that you should bee one , or rather the Standerd-bearer , and Generall to the rest . And whatsoeuer hath beene the cause , that your Constancie hath quailed , whether it bee the suddennesse of your apprehension , or the bitternesse of your persecution , or the imbecillitie of your old age : yet we trust in the goodnesse of God , & in your owne long continued vertue , that it will come to passe , that as you seeme in some part to haue imitated the fall of Peter , and Marcellinus , so you shall happily imitate their valour in recouering your strength , and maintaining the truth . For if you will diligently weigh the whole matter with your selfe , truely you shall see , it is no small matter that is called in question by this Oath , but one of the principall heads of our faith and foundations of Catholique Religion . For heare what your Apostle S. Gregory the Great hath written , in his 24. Epistle of his 11. booke . Let not the reuerence due to the Apostolique Sea , bee troubled by any mans presumption : for then the estate of the members doeth remaine entire , when the head of the faith is not bruised by any iniury . Therefore by S. Gregories testimonie , when they are busie about disturbing or diminishing , or taking away of the Primacie of the Apostolique Sea : then are they busie about cutting off the verie head of the faith , and dissoluing of the state of the whole body , and of all the members . Which selfe same thing S. Leo doth confirme in his third Sermon of his Assumption to the Popedome , when he saith , Our Lord had a speciall care of Peter , & prayed properly for Peters faith , as though the state of others were more stable , when their Princes minde was not to be ouer come . Whereupon himselfe in his Epistle to the Bishops of the prouince of Vienna , doeth not doubt to affirme , that he is not partaker of the diuine Mystery , that dare depart from the solidity of Peter , who also saith , That who thinketh the Primacy to be denied to that Sea , he can in no sort lessen the authority of it : but by beeing puft vp with the spirit of his own pride , doth cast himself headlong into hel . These & many other of this kind , I am very sure are most familiar to you : who besides many other bookes , haue diligently read ouer the visible Monarchie of your owne Saunders , a most diligent writer , and one who hath worthily deserued of the Church of England . Neither can you be ignorant , that these most holy & learned men Iohn Bishop of Rochester , and Tho. Moore , within our memorie , for this one most weightie head of doctrine , led the way to Martyrdome to many others , to the exceeding glory of the English nation . But I would put you in remembrance that you should take hart , & considering the weightines of the cause , not to trust too much to your owne iudgement , neither be wise aboue that is meete to be wise : and if peraduenture your fall haue proceeded not vpon want of consideration , but through humane infirmity , & for feare of punishment and imprisonment , yet doe not preferre a temporall liberty to the libertie of the glory of the Sonnes of God : neither for escaping a light and momentanie tribulation , lose an eternall weight of glory , which tribulation it self doth worke in you . You haue fought a good fight a long time , you haue well neere finished your course ; so many yeres haue you kept the faith : doe not therefore lose the reward of such labours ; do not depriue your selfe of that crown of righteousnesse which so long agone is prepared for you , Doe not make the faces of so many yours both brethren and children ashamed . Vpon you at this time are fixed the eyes of all the Church : yea also , you are made a spectacle to the world , to Angels , to men ; Do not so carry your self in this your last acte , that you leaue nothing but laments to your friends , and ioy to your enemies . But rather on the contrary , which we assuredly hope , & for which we continually power forth prayers to God , display gloriously the banner of faith , and make to reioyce the Church which you haue made heauie ; so shall you not onely merite pardon at Gods hands , but a crowne . Farewell . Quite you like a man , and let your heart be strengthened . From Rome . the 28. day of September , 1607. Your very Reuerendships brother and seruant in Christ , Robert Bellarmine Cardinall . THE ANSWERE to the Cardinals Letter . AND now that I am to enter into the fielde against him by refuting his Letter , I must first vse this protestation ; That no desire of vaine glory by matching with so learned a man , maketh mee to vndertake this taske ; but onely the care & conscience I haue , that such smooth Circes charmes and guilded pilles , as full of exterior eloquence , as of in ward vntruthes , may not haue that publike passage through the world without an answere : whereby my reputation might vniustly be darkened , by such cloudy and foggy mists of vntruthes and false imputations , the hearts of vnstayed and simple men be mis-led , & the trueth itselfe smothered . But before I come to the particular answere of this Letter , I must here desire the world to wonder with me , at the committing of so grosse an errour by so learned a man : as that hee should haue pained himselfe to haue set downe so elaborate a letter , for the refutation of a quite mistaken question . For it appeareth , that our English Fugitiues , of whose inward societie with him he so greatly vaunteth , haue so fast hammered in his head the Oath of Supremacie , which hath euer bin so great a scarre vnto them , as he thinking by his letter to haue refuted the last Oath , hath in place thereof onely paid the Oath of Supremacie , which was most in his head : as a man that being earnestly caried in his thoughts vpon another matter , then he is presently in doing , will often name the matter or person hee is thinking of , in place of the other thing he hath at that time in hand . For , as the Oath of Supremacie was deuised for putting a difference betweene Papists , and them of our profession : so was this Oath , which he would seeme to impugne , ordained for making a difference between the ciuilly obedient Papists , & the peruerse disciples of the powder-Treason . Yet doth all his letter runne vpon an Inuectiue against the Compulsion of Catholiques to deny the authoritie of Saint Peters Successors ; and in place thereof to acknowledge the Successors of King Henry the eight . For , in King Henry the eights time was the Oath of Supremacie first made : by him were Thomas Moore and Roffensis put to death , partly for refusing of it . From his time til novv haue al the Princes of this land professing this Religion , successiuely in effect maintained the same and in that Oath only is contained the Kings absolute povver , to be iudge ouer all persons , asvvel Ciuil as Ecclesiastical ; excluding al forraine povvers and Potentates to be iudges vvithin his Dominions : vvheras this last made Oath containeth no such matter , onely medling vvith the ciuil obedience of subiects to their Soueraigne , in meere temporall causes . And that it may the better appeare , that vvhereas by name he seemeth to condemne the last Oath ; yet indeed his vvhole Letter runneth vpon nothing , but vpon the condemnation of the Oath of Supremacie : I haue here thought good to set downe the saide Oath , leauing it then to the discretion of euery indifferent reader to iudge , whether hee doeth not in substance onely answere to the Oath of Supremacie , but that he giueth the child a wrong name . I A B. doe vtterly testifie and declare in my Conscience , that the Kings Highnesse is the onely Supreame Gouernour of this Realme , and all other his Highnesse Dominions and Counties , as well in all Spirituall or Ecclesiasticall things or causes , as Temporall : And that no forraine Prince , Person , Prelate , State or Potentate , hath or ought to haue any Iurisdiction , Power , Superioritie , Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme . And therefore , I do vtterly renounce and forsake all forreine Iurisdictions , Powers , Superiorities and authorities ; and do promise that from hencefoorth I shall beare faith and true Allegiance to the Kings Highnesse , his Heires and lawfull Successors : and to my power shall assist and defend all iurisdictions , Priuiledges , Pre●minences and Authorities graunted or belonging to the Kings Highnesse , his Heires and Successours , or vnited and annexed to the Imperiall Crowne of the Realme : So helpe mee God : and by the Contents of this booke . And that the iniustice , as well as the errour of his grosse mistaking in this point , may yet be more clearely discouered ; I haue also thought good to insert here immediatly after the Oath of Supremacie , the contrary Conclusions to all the points and Articles , whereof this other late Oath doeth consist : whereby it may appeare , what vnreasonable and rebellious points hee would driue my Subiects vnto , by refusing the whole body of that Oath , as it is conceiued . For he that shall refuse to take this Oath , must of necessitie hold all , or some of these propositions following . That I , King IAMES , am not the lawfull King of this Kingdome , and of all other my Dominions . That the Pope by his owne authoritie may depose me . If not by his owne authoritie , yet by some other authoritie of the Church , or of the Sea of Rome . If not by some other authoritie of the Church & Sea of Rome , yet by other meanes with others helpe , he may depose me . That the Pope may dispose of my Kingdomes and Dominions . That the Pope may giue authoritie to some forren Prince to inuade my Dominions . That the Pope may discharge my Subiects of their Allegiance and Obedience to me . That the Pope may giue licence to one , or more of my Subiects to beare armes against me . That the Pope may giue leaue to my Subiects to offer violence to my Person , or to my Gouernement , or to some of my Subiects . That if the Pope shall by sentence excommunicate or depose me , my Subiects are not to beare Faith and Allegiance to me . If the Pope shall by Sentence excommunicate or depose mee , my Subiects are not bound to defend with all their power my Person and Crowne . If the Pope shall giue out any Sentence of Excommunication or Depriuation against me , my Subiects by reason of that sentence are not bound to reueale all Conspiracies and Treasons against mee , which shal come to their hearing and knowledge . That it is not hereticall and detestable to hold , that Princes being excommunicated by the Pope , may be either deposed or killed by their Subiects , or any other . That the Pope hath power to absolue my Subiects from this Oath , or from some part thereof . That this Oath is not administred to my Subiects , by a full and lawfull authoritie . That this Oath is to be taken with Equiuocation , mental euasion , or secret reseruation : and not with the heart and good will , sincerely in the true faith of a Christian man. These are the true and naturall branches of the body of this Oath . The affirmatiue of all which negatiues , doe neither concerne in any case the Popes Supremacie in spiritual causes : nor yet were euer concluded , and defined by any complete generall Councell to belong to the Popes authoritie ; and their owne schoole Doctors are at irreconciliable oddes and iarres about them . And that the world may yet farther see ours and the whole States setting downe of this Oath , did not proceed from any new inuention of our owne , but as it is warranted by the word of GOD : so doeth it take the example from an Oath of Allegiance decreed a thousand yeeres agone , which a famous Councel then , together with diuers other Councels , were so farre from condemning ( as the Pope now hath done this Oath ) as I haue thought good to set downe their owne words here in that purpose : whereby it may appeare that I craue nothing now of my Subiects in this Oath , which was not expresly and carefully commanded then , by the Councels to be obeyed without exception of persons . Nay , not in the very particular point of equiuocation , which I in this Oath was so carefull to haue eschewed : but you shall here see the said Councels in their Decrees , as carefull to prouide for the eschewing of the same ; so as almost euery point of that Action , and this of ours shall be found to haue relation and agreeance one with the other , saue only in this , that those ould Councels were carefull and strait in commanding the taking of the same : whereas by the contrary , he that novv vanteth himselfe to bee head of all Councels , is as carefull and strait in the prohibition of all men from the taking of this Oath of Allegiance . The vvordes of the Councell bee these . Heare our Sentence . Whosoeuer of vs , or of all the people thorowout all Spaine , shall goe about by any meanes of conspiracie or practise , to violate the Oath of his fidelitie , which he hath taken for the preseruation of his Countrey , or of the Kings life ; or who shall attempt to put violent hands vpon the King ; or to depriue him of his kingly power ; or that by tyrannicall presumption would vsurpe the Soueraigntie of the Kingdome : let him bee accursed in the sight of God the Father , and of his Angels ; and let him be made and declared a stranger from the Catholike Church , which he hath prophaned by his periurie , & an aliant from the company of all Christian people ; together with all the complices of his impietie : because it behooueth all those that bee guiltie of the like offence , to vnder-lie the like punishment . Which sentence is three seuerall times together , and almost in the same wordes , repeated in the same Canon . After this , the Synode desired , That this Sentence of theirs now this third time rehearsed , might be confirmed by the voyce and consent of all that were present . Then the whole Clergie and people answered , Whosoeuer shal cary himselfe presumptuously against this your definitiue sentence , let them be Anathema maranatha , that is , let them be vtterly destroyed at the Lords comming , and let them and their complices haue their portion with Iudas Iscarioth . Amen . And in the fift a Councell , there it is decreed , That this Acte touching the Oath of Allegiance , shall bee repeated in euery Councell of the Bishops of Spaine . The Decree is in these wordes : In consideration that the mindes of men are easily inclined to euill and forgetfulnesse , therefore this most holy Synode hath ordeined ; and doeth enact , That in euery Councell of the Bishops of Spaine , the Decree of the generall b Councell which was made for the safetie of our Princes , shall be with an audible voyce proclaimed & pronounced , after the conclusion of all other things in the Synode : that so it being often sounded in their eares , at least by continuall remembrance , the mindes of wicked men being terrified might bee reformed , which by obliuion & facilitie [ to euill ] are brought to preuaricate . And in the sixt a Councell , We doe protest before God , and all the orders of Angels , in the presence of the Prophets and Apostles , and all the company of Martyrs , and before all the Catholike Church , and assemblies of the Christians ; That no man shall goe about to seeke the destruction of the King : No man shall touch the life of the Prince ; No man shall depriue him of the Kingdome ; No man by any tyrannicall presumption shall vsurpe to himselfe the soueraigntie of the Kingdome ; No man by any Machination shall in his aduersitie associate to himselfe any packe of conspirators against him ; And that if any of vs shal be presumptuous by rashnesse in any of these cases , let him be strickē with the anatheme of God , and reputed as condemned in eternall iudgement without any hope of recouery . And in the tenth b Councell ( to omit diuers others held also at Toledo ) it is said ; That if any religious man , euen from the Bishop to the lowest Order of the Church-men or Monkes , shall be found to haue violated the generall Oathes made for the preseruation of the Kings person , or of the nation and Countrey with a profane minde ; forthwith let him be depriued of all dignitie , and excluded from all place and honour . The occasion of the Decrees made for this Oath , was , That the Christians were suspected for want of fidelitie to their Kings ; and did either equiuocate in taking their Oath , or make no conscience to keepe it , when they had giuen it : as may appeare by sundry speeches in the a Councell , saying , There is a generall report , that there is that perfidiousnes in the mindes of many poeple of diuerse Nations , that they make no conscience to keepe the Oath and fidelitie that they haue sworne vnto their Kings : but doe dissemble a profession of fidelitie in their mouthes , when they hold an impious perfidiousnes in their minds . And b againe , They sweare to their Kings , and yet doe they preuaricate in the fidelitie which they haue promised : Neither do they feare the volume of Gods iudgement , by the which the curse of God is brought vpon them , with great threatning of punishments , which doe sweare lyingly in the Name of God. To the like effect spake they in the Councel of a Aquisgran : If any of the Bishops , or other Church-man of inferiour degree , hereafter thorow feare or couetousnes , or any other perswasion , shall make defection from our Lord the Orthodoxe Emperour Lodowicke , or shall violate the Oath of fidelitie made vnto him , or shall with their peruerse intention adhere to his enemies ; let him by this Canonicall and Synodall sentence be depriued of whatsoeuer place hee is possessed of . And now to come to a particular answere of his letter . First as concerning the sweete memory hee hath of his old acquaintance with the Arch-priest ; it may indeed be pleasing for him to recount : but sure I am , his acquaintance with him and the rest of his societie , our Fugitiues ( whereof he also vanteth himselfe in his preface to the Reader in his booke of Controuersies ) hath prooued sowre to vs and our State. For some of such Priests and Iesuits , as were the greatest Traitours and fomenters of the greatest conspiracies against the late Queen , gaue vp father Robert Bellarmine for one of their greatest authorities and oracles . And therefore I doe not enuie the great honor he can win , by his vaunt of his inward familiaritie with an other Princes traitours and fugitiues : whom vnto if he teach no better maners then hitherto he hath done , I thinke his fellowship are little beholding vnto him . And for desiring him to remember him in his prayers at the altar of the Lord : if the Arch-priests prayers prooue no more profitable to his soule , then Bellarmines counsel is like to proue profitable , both to the soule and body of Blackwel ( if he would follow it ) the author of this letter might very wel be without his prayers . Now the first messenger that I can finde , which brought ioyfull newes of the Archpriest to Bellarmine , was he that brought the newes of the Arch-priests taking , and first appearance of Martyrdome . A great signe surely of the Cardinals mortification , that he was so reioyced to heare of the apprehension , imprisonment and appearance of putting to death of so old and deare a friend of his . But yet apparantly he should first haue bene sure , that he was onely to be punished for cause of Religion , before hee had so triumphed vpon the expectation of his Martyrdome . For first , by what rule of charitie was it lawfull for him to iudge me a persecutour , before proofe had bene made of it by the said Arch-priestes condemnation and death ? What could hee know , that the said Arch-priest was not taken vpon suspicion of his guiltinesse in the Powder-Treason ? What certaine information had he then receiued vpon the particulars , whereupon hee was to be accused ? And last of all , by what inspiration could he foretell whereupon hee was to bee accused ? For at that time there was yet nothing layed to his charge . And if charitie should not be suspicious , what warrant had he absolutely to condemne mee of vsing persecution and tyrannie , which could not be but emplied vpon me , if Blackwel was to be a Martyr ? but surely it may iustly be said of Bellarmine in this case , that our Sauiour CHRIST saith of all worldly and carnall men , who thinke it enough to loue their a friends and hate their enemies ; the limits of the Cardinals charitie extending no farther , then to them of his owne profession . For what euer he added in superfluous charitie to Blackwel , in reioycing in the speculation of his future Martyrdome ; he detracted as much vniustly and vncharitably from me , in accounting of me thereby as of a bloody Persecutour . And whereas this ioy of his was interrupted by the next messenger , that brought the newes of the said Arch-priest his failing in his constancie , by taking of this Oath ; he needed neuer to haue bene troubled , either with his former ioy or his second sorrow , both being alike falsly grounded . For as it was neuer my intention to lay any thing vnto the said Arch-priests charge , as I haue neuer done to any for cause of conscience ; so was Blackwels constancie neuer brangled by taking of this Oath ; It being a thing which he euer thought lawfull before his apprehension , and whereunto hee perswaded all Catholikes to giue obedience ; like as after his apprehension , he neuer made doubt or stop in it ; but at the first offering it vnto him , did freely take it , as a thing most lawfull ; neither meanes of threatning or flatterie being euer vsed vnto him , as himselfe can yet beare witnesse . And as for the temperature and modification of this Oath ; except that a reasonable and lawfull matter is there set downe in reasonable & temperate words , agreeing thereunto : I know not what he can meane , by quarelling it for that fault . For no temperatnes nor modifications in words therein , can iustly be called the Deuils craft , when the thing it selfe is so plaine , and so plainely interpreted to all them that take it ; as the onely troublesome thing in it all , bee the words vsed in the end thereof , for eschewing aequiuocation and mentall reseruation . Which new Catholique doctrine , may farre iustlier bee called the Deuils craft , then any plaine and temperate words , in so plaine and cleare a matter . But what shal we say of these strange countrey clownes , whom of with the Satyre we may iustly complaine , that they blovv both hote and cold out of one mouth ? For Luther and our bolde and free speaking Writers are mightily railed vpon by them , as hot brained fellovves , and speakers by the Deuils instinct : and novv if vve speake moderately and temperately of them , it must bee tearmed the Deuils craft . And therefore we may iustly complaine vvith CHRIST , that when we a mourne , they wil not lament : and when vve pipe , they vvill not dance . But neither Iohn Baptist his seueritie , nor CHRIST his meekenesse and lenitie can please them , vvho build but to their owne Monarchie vpon the ground of their ovvn Traditions ; and not to CHRIST vpon the ground of his Word and infallible trueth . But vvhat can bee meant by alleadging , that the craft of the Deuill herein , is onely vsed for subuersion of the Catholique faith , and euersion of S. Peters Primacie ; had need bee commented anevv by Bellarmine himselfe . For in all this Letter of his , neuer one vvord is vsed , to proue that by any part of this Oath the primacy of S. Peter is any vvay medled vvith , except Master Bellarmine his bare alledging ; which without prouing it by more cleare demonstration , can neuer satisfie the conscience of any reasonable man. For ( for ought that I know ) heauen and earth are no farther asunder , then the professon of a temporall obedience to a temporall King , is different from any thing belonging to the Catholique faith , or Supremacie of S. Peter . For as for the Catholique faith ; can there bee one word found in all that Oath , tending or sounding to matter of Religion ? Doeth he that taketh it , promise there to beleeue , or not to beleeue any article of Religion ? Or doeth he so much as name a true or a false Church there ? And as for S. Peters Primacie ; I know no Apostles name that is therein named , except the name of IAMES , it being my Christen name : though it please him not to deigne to name me in all the Letter , albeit , the contents thereof concerne me in the highest degree . Neither is there any mention at all made therein , either disertis verbis , or by any other indirect meanes , either of the Hierarchie of the Church , of S. Peters succession , of the Sea Apostolike , or of any such matter : but that the Author of our Letter doeth brauely make mention of S. Peters succession , bringing it in comparison with the succession of Henry the eight . Of which vnapt and vnmannerly similitude , I wonder hee should not bee much ashamed . For as to King Henries successour ( which he meaneth by mee ) as I , I say , neuer did , nor will presume to create any article of fayth , or to bee Iudge thereof ; but to submit my exemplary obedience vnto them , in as great humilitie as the meanest of the land : so if the Pope could bee as well able to proue his either Person all or Doctrinall Succession from S. Peter , as I am able to proue my lineall descent from the Kings of England and Scotland ; there had neuer been so long adoe , nor so much sturre kept about this question in Christendome ; neither had a M. Bellarmine himselfe needed to haue bestowed so many sheetes of paper De summo Pontifice , in his great bookes of Controuersies : and when all is done , to conclude with a morall certitude , and a piè credēdum : bringing in the b Popes , that are parties in this cause , to bee his witnesses : and yet their historicall narration must be no article of faith . And I am without vantrie sure , that I doe farre more neerely imitate the worthy actions of my Predecessors , then the Popes in our age can be well proued to be similes Petro , especially in cursing of Kings , and setting free their Subiects from their Allegiance vnto them . But now we come to his strongest argument ; which is , That he would alledge vpon me a Panick terrour , as if I were possessed with a needlesse feare . For , saith the Cardinall , from the beginning of the Churches first infancie , euen to this day , where was it euer heard , that euer a Pope either commanded to be killed , or allowed the slaughter of any Prince whatsoeuer , whether he were an Hereticke , an Ethnike or Persecutor ? But first , wherefore doth he here wilfully , and of purpose omit the rest of the points mentioned in that Oath , for deposing , degrading , stirring vp of arms or rebelling against them , vvhich are as vvell mentioned in tha● Oath , as the killing of them ? as being all of one consequence against a King , no Subiect being so scrupulous , as that hee will attempt the one , and leaue the other vnperformed if he can . And yet surely I cannot blame him for passing it ouer , since he could not otherwise haue eschewed the direct belying of himselfe in tearmes , which hee now doeth but in substance and effect . For a as for the Popes deposing and degrading of Kings , hee maketh so braue vaunts and bragges of it in his former bookes , as he could neuer with ciuil honesty haue denied it here . But to returne to the Popes allowing of killing of Kings , I know not with what face hee can sent so stout a deniall vpon it against his owne knowledge . How many Emperors did the Pope raise warre against in their owne bowels ? Who as they were ouercome in battaile , were subiect to haue bene killed therein ; which I hope the Pope could not but haue allowed , when hee was so farre inraged at b Henry the fift for giuing buriall to his fathers dead corps , after the e Pope had stirred him vp to rebell against his father , and procured his ruine . But leauing these old Histories to Bellarmines owne bookes that doe most authentically cite them , as I haue already said ; let vs turne our eyes vpon our owne time , and therein remember what a Panegyrik a oration was made by the Pope , in praise and approbation of the Frier and his fact , that murthered king Henry the third of France who was so farre from either being Heretike , Ethnike or Persecutor in their account , that the said Popes owne wordes in that oration are , That a true Frier hath killed a counterfeit Frier . And besides that vehement oration and congratulation for that fact ; how neere it scaped , that the said Frier was not canonized for that glorious acte , is better knowen to Bellarmine and his followers , then to vs here . But sure I am , if some Cardinals had not beene more wise and circumspect in that errand , then the Pope himselfe was , the Popes owne Kalender of his Saints would haue sufficiently proued Bellarmine a liar in this case . And to draw yet nerer vnto our selues ; how many practises and attempts were made against the late Queenes life , which were directly enioyned to those Traitours by their Confessors , and plainely authorized by the Popes allowance ? For verification whereof there needes no more proofe , then that neuer Pope either then or since , called any Church-man in question for medling in those treasonable conspiracies ; nay , the Cardinals owne S. Sanderus mentioned in his letter could well verifie this trueth , if he were aliue ; and who will looke his bookes , will find them filled with no other doctrine then this . And what difference there is betweene the killing or allowing the slaughter of Kings , and the stirring vp and approbation of practises to kil them ; I remit to Bellarmines owne iudgement . It may then very clearely appeare , how strangely this Authours passion hath made him forget himselfe , by implicating himselfe in so strong a contradiction against his owne knowledge and conscience , against the witnesse of his former bookes , and against the practise of our owne times . But who can wonder at this contradiction of himselfe in this point , when his owne great Volumes are so filled with contradictions ? which when either he , or any other shall euer be able to reconcile , I wil then beleeue that he may easily reconcile this impudent strong deniall of his in his letter , of any Popes medling against Kings , with his owne former bookes , as I haue alreadie said . And that I may not seeme to imitate him in affirming boldly that which I no wayes proue ; I will therefore send the Reader to looke for witnesses of his contradictions , in such places heere mentioned in his owne booke . In his booke , of a Iustification , there he affirmeth , That for the vncertaintie of our owne proper righteousnes , and for auoiding of vaine glory , it is most sure and safe , to repose our whole confidence in the alone mercie and goodnes of God ; b Which proposition of his , is directly contrary to the discourse , and current of all his fiue bookes de Iustificatione , wherein the same is conteined . God doeth not encline a man to euill , neither c naturally or morally . Presently after he affirmeth the contrary , That God doeth not encline to euill naturally , but d morally . All the Fathers teach constantly , That e Bishops do succeede the Apostles , and Priestes the seuentie disciples . Elsevvhere he affirmeth the contrary , That f Bishops do not properly succeed the Apostles . That g Iudas did not beleeue Contrary , That h Iudas was iust and certainely good . The keeping of the i Law according to the substance of the worke , doeth require that the Commandement be so kept , that sinne be not committed , and the man bee not guiltie for hauing not kept the Commandement . Contrary , k It is to bee knowen , that it is not all one , to doe a good morall worke , and to keepe the Commandement according to the substance of the worke . For the Commandement may be kept according to the substance of the worke , euen with sinne ; as if one should restore to his friend the thing committed to him of trust , to the end that theeues might afterward take it from him . l Peter did not loose that faith , whereby the heart beleeueth vnto iustification . Contrary , m Peters sinne was deadly . n Antichrist shall bee a Magician , and after the maner of other Magicians shall secretly worship the Deuill . o Contrary , He shall not admit of idolatrie : he shall hate idoles , and reedifie the Temple . By the words of p Consecration the true and solemne oblation is made . Contrary , The sacrifice doeth not consist in the words : but in the q oblation of the thing it selfe . r That the ende of the world cannot bee knowen . ſ Contrary , After the death of Antichrist , there shall bee but fiue and fourtie daies till the ende of the world . t That the tenne Kings shall burne the scarlet Whoore , that is Rome . u Contrary , Antichrist shall hate Rome , and fight against it , and burne it . x The name of vniuersall Bishop may be vnderstood two wayes ; one way , that hee which is said to be vniuersal Bishop , may be thought to be the onely Bishop of all Christian cities ; so that all others are not indeed Bishops , but only Vicars to him , who is called vniuersal Bishop : in which sense , the Pope is not vniuersall Bishop . Contrary , All ordinary y iurisdiction of Bishops doeth descend immediatly from the Pope ; and is in him , and from him is deriued to others . Which few places I haue onely selected amongst many the like , that the discret and iudicious Reader may discerne ex vngue Leonem . For when euer hee is pressed with a weightie obiection , he neuer careth , nor remembreth how his solution and answere to that , may make him gainesay his owne doctrine in some other places , so it serue him for a shift to put off the present storme withall . But now to returne to our matter againe : Since Popes , saith hee , haue neuer at any time medled against Kings , wherefore , I pray you , should onely the King of England bee afraid of that , whereof neuer Christian King is , or was afraid ? Was neuer Chistian Emperour or King afraid of the Popes ? How then were these miserable Emperours tost and turmoiled , and in the end vtterly ruined by the Popes : for proofe whereof I haue already cited Bellarmines owne bookes ? Was not the a Emperour afraid , who b waited bare-footed in the frost and snow three dayes at the Popes gate , before hee could get entrie ? Was not the c Emperour also afraide , d who was driuen to lie agroofe on his belly , and suffer another Pope to tread vpon his necke ? And was not another e Emperour afraide , f who was constrained in like manner to indure a third Pope to beat off from his head the Imperiall Crowne with his foote ? Was not g Philip afraid , being made Emperour against Pope Innocentius the thirds good liking , when he brake out into these wordes , Either the Pope shal take the Crowne from Philip , or Philip shal take the Miter from the Pope ? whereupon the Pope stirred vp Ottho against him , who caused him to be slaine ; and presently went to Rome , and was crowned Emperour by the Pope , though afterward the Pope h deposed him too . Was not the Emperour i Fredericke afraide , when Innocentius the fourth excommunicated him , depriued him of his crowne , absolued Princes of their Oath of fidelitie to him , and in Apulia corrupted one to giue him poison ? whereof the Emperour recouering , hee hired his bastard Sonne Manfredus to poyson him ; wherof he died . What did k Alexander the third write to the Soldan ? That if he would liue quietly , he should by some sleight murther the l Emperour ; and to that ende sent him the Emperours picture . And did not m Alexander the sixt take of the Turke Baiazetes two hundred thousand crownes to kill his brother Gemen ; or as some call him , Si●imus , whom hee held captiue at Rome ? Did hee not accept of the conditions to poyson the man , and had his pay ? Was not our n Henry the second afraide after the slaughter of Thomas Becket ; that besides his going bare-footed in Pilgrimage , was whipped vp and downe the Chapter-house like a schoole-boy , and glad to escape so too ? Had not this French King his great Grandfather King Iohn reason to bee afraid , when the o Pope gaue away his kingdome of Nauarre to the King of Spaine , whereof he yet possesseth the best halfe ? Had not this King , his Successour reason to be afraid , when he was forced to begge so submissiuely the relaxation of his Excommunication , as hee was content likewise to suffer his Ambassadour to be whipped at Rome for penance ? And had not the late Queene reason to looke to herselfe , when she was excommunicated by Pius Quintus , her Subiects loosed from their fidelity and allegiance toward her , her Kingdome of Ireland giuen to the King of Spaine , and that famous fugitiue diuine , honoured with the like degree of a red hat as Bellarmine is , was not ashamed to publish in print an a Apologie for Stanlies Treason , maintaining , that by reason of her excommunication and heresie , it was not onely lawfull for any of her Subiects , but euen they were bound in conscience to depriue her of any strength , which lay in their power to doe ? And whether it were armies , townes , or fortresses of hers which they had in their hands they were obliged to put them in the King of Spaine her enemies hands , shee no more being the right owner of any thing ? But albeit it be true , that wise men are mooued by the examples of others dangers to vse prouidence and caution , according to the olde prouerbe , Tum tua res agitur , paries cùm proximus ardet : yet was I much neerlie summoned to vse this caution , by the practise of it in mine owne person . First , by the sending forth of these Bulles , whereof I made mention already , for debarring me from entrie vnto this Crowne , and Kingdome . And next after my entry , and full possession thereof , by the horrible Powder-Treason , which should haue bereft both me and mine , both of crowne and lif● . And howsoeuer the Pope wil seeme to cleare himselfe of any allowance of the sayd Powder-Treason ; yet can it not be denyed , that his principall ministers here , and his chiefe Mancipia the Iesuites , were the plaine practisers thereof : for which the principall of them hath died confessing it , and other haue fled the Countrey for the crime ; yea , some of them gone into Italy : and yet neither these that fled out of this countrey for it , nor yet Baldwine , who though he then remained in the Lowe-countreyes , was of counsell in it , were euer called to account for it by the Pope : much lesse punished for medling in so scandalous and enormous businesse . And now what needs so great wonder and exclamation , that the onely King of England feareth : And what other Christian King doeth , or euer did feare , but he ? As if by the force of his rhetoricke he could make me and my good Subiects to mistrust our senses , denie the Sunne to shine at midday , and not with the serpent to stop our eares to his charming , but to the plaine and visible veritie it selfe . And yet for all this wonder , hee can neuer proue me to be troubled with such a Panick terrour . Haue I euer importuned the Pope with any request for my securitie ? Or haue I either troubled other Christian Princes my friends & allies , to intreat for me at the Popes hand ? Or yet haue I begged from them any aide or assistance for my farther securitie ? No. All this wondred-at feare of mine , stretcheth no further , then wisely to make distinction betweene the sheepe and goats in my owne pasture . For since , what euer the Popes part hath bene in the Powder-treason ; yet certaine it is , that all these caitife monsters did to their death maintaine , that onely zeale of Religion mooued them to that horrible attempt : yea , some of them at their death , would not craue pardon at GOD or King for their offence : exhorting other of their followers to the like constancie . Had not wee then , and our Parliament great reason , by this Oath to set a marke of distinction betweene good Subiects and bad ? Yea , between Papists , though peraduenture zealous in their Religion , yet otherwise ciuilly honest and good subiects , and such terrible firebrands of hell , as would maintaine the like maximes , which these powder-men did ? Nay , could there bee a more gracious part in a King , suppose I say it , toward subiects of a contrary Religion , then by making them to take this Oath , to publish their honest fidelitie in temporall things to mee their Soueraigne , and thereby to wipe off that imputation and great slander which was laid vpon the whole professors of that Religion , by the furious enterprise of these Powder-men ? And wheras for illustration of this strong argument of his , hee hath brought in for a similitude the hystorie of a Iulian the Apostata his dealing with the Christians , when as he straited them , either to commit idolatrie , or to come within the compasse of treason : I would wish the authour to remember , that although a similitude may bee permitted claudicare vno pede ; yet this was a very ill chosen similitude , which is lame both of feet and hands , and euery member of the body . For I shall in few words prooue , that it agreeth in no one point , saue one , with our purpose , which is , that Iulian was an Emperour , and I a King. First , Iulian was an Apostata , one that had renounced the whole Christian faith , which hee had once professed , and became an Ethnike againe , or rather an Atheist : whereas I am a Christian , who neuer changed that Religion , that I dranke in with my milke : nor euer , I thanke God , was ashamed of my profession . Iulian dealt against Christians onely for the profession of Christes cause : I deale in this cause with my Subiects , onely to make a distinction betweene true Subiects , and false hearted traitours . Iulians end was the ouerthrow of the Christians : my onely end is , to maintaine Christianitie in a peaceable gouernement . Iulians drift was to make them commit idolatrie : my purpose is to make my Subiects to make open profession of their naturall Alleagiance , and ciuill obedience . Iulians meanes whereby hee went about it , was by craft , and insnaring them before they were aware : my course in this is plaine , cleare , and void of all obscuritie : neuer refusing leaue to any that are required to take this Oath , to studie it at leisure , and giuing them all the interpretation of it they can craue . But the greatest dissimilitude of all , is in this : that Iulian pressed them to commit idolatrie to idoles and images : but as well I , as all the Subiects of my profession are so farre from guilt in this point , as wee are counted heretiques by you , because we will not commit idolatrie . So as , in the maine point of all , is the greatest contrarietie . For , Iulian persecuted the Christians because they would not commit idolatrie ; and yee count me a persecutour , because I will not admit idolatrie . So as to conclude this point , this olde sentence may well be applied to Bellarmine , in vsing so vnapt a similitude , Perdere quos vult Iupiter , hos dementat . And therefore his vncharitable conclusion doeth not rightly follow : That it seemeth vnto him , that some such thing should be subtilly or fraudulently included in this Oath ; as if no man can detest treason against the King , or professe ciuill subiection , except hee renounce the Primacie of the Apostolike Sea. But how hee hath suckt this apprehension out at his fingers ends , I cannot imagine : for sure I am , as I haue oft said , hee neuer goeth about to proue it : and to answere an improbable imagination , is to fight against a vanishing shadow . It cannot bee denied indeed , that many seruants of CHRIST , as wel Priests , as others , haue endured constantly all sorts of torments , and death , for the profession of CHRIST : and therefore to all such his examples , as he bringeth in for verifying the same , I neede not to giue him any other answere , saue onely to remember him , that he playeth the part of a sophister in all these his examples of the constancie of Martyrs : euer taking Controuersum pro confesso , as if this our case were of the same nature . But yet that the Reader may the better discouer , not onely how vnaptly his similitudes are applied , but likewise how dishonestly hee vseth himselfe in all his citations : I haue thought good to set downe the very places themselues cited by him , together with a short deduction of the true state of those particular cases : whereby , how little these examples can touch our case ; nay , by the contrary , how rightly their true sense may bee vsed , as our owne weapons to be throwen backe vpon him that alleadgeth them , shall easily appeare . And first , for a Eleazar : If the Arch-priest his ground of refusing the Oath , were as good as Eleazars was , to forbeare to eate the swines flesh , it might not vnfitly be applyed by the Cardinall to his purpose . For as Eleazar was a principall Scribe , so is he a principall Priest : As Eleazars example had a great force in it , to animate the yonger Scribes to keepe the Law , or in his colourable eating it , to haue taught them to dissemble : so hath the Arch-priests , either to make the inferiour Priests to take the Oath , or to refuse it : but the ground failing , the building cannot stand . For what exampl● is there in all the Scripture , in which disobedi●nce to the Oath of the King , or want of allegiance is allowed ? If the Cardinal would remember , that when the Church maketh a law ( suppose to forbid flesh on certaine dayes ) hee that refuseth to obey it , incurreth the iust censure of the Church : If a man then ought to die rather then to break the least of Gods Ceremoniall Lawes , and to pine and starue his bodie , rather then to violate the Church his positiue Law : will he not giue leaue to a man to redeeme his soule from sinne , and to keepe his body from punishment , by keeping a Kings politique law , and by giuing good example in his person , raise vp a good opinion in me of like Allegiance in the inferiours of his Order ? This application , as I take it , would haue better fitted this example . But let me remember the Cardinall of another a Oath inioyned by a King to his people , whereby hee indaungered his owne life , and hazarded the safety of the whole army , when hee made the people sweare in the morning not to taste of any meate vntill night : which Oath he exacted so strictly , that his eldest sonne , and heiere appa●ant Ionathan for breaking of it , by tasting a little hony of the top of his rod , though he heard not when the King gaue that Oath , had wel nigh died for it . And shall an Oath giuen vpon so vrgent an occasion as this was , for the apparant safety of me and my posterity , forbidding my people to drinke so deepely in the bitter cup of Antichristian fornications , but that they may keepe so much hony in their hearts , as may argue them still espoused to me their Soueraigne in the maine knot of true allegiance ; shall this law , I say , by him be condemned to hell for a stratagem of Satan ? I say no more , but GODS lot in the Oath of Sauls , and Bellarmines verdict vpon this Oath of ours , seeme not to be cast out of one lap . Now to his example of a Basil , which is ( as hee sayeth ) so fit for his purpose . First , I must obserue , that if the Cardinall would leaue a common and ordinary tricke of his in all his Citations , which is , to take what makes for him , and leaue out what makes against him ; and cite the Authours sense , as well as his Sentence , wee should not bee so much troubled with answering the ancients which he alleadgeth . To instance it in this very place : if he had continued his allegation one line further , hee should haue found this place out of Theodoret , of more force to haue moued Blackwel to take the Oath , then to haue disswaded him from it . For in the very next words it followeth , Imperatoris quidem amicitiam magni se péndere , cum pietate ; quâ remotâ , perniciosam esse dicere . But that it may appeare , whether of vs haue greatest right to this place , I will in few wordes shew the Authours drift . The Emperour Valens being an Arrian , at the perswasion of his wife , when hee had depriued all the Churches of their Pastours , came to Caesarea , where a S. Basill was then Bishop , who , as the History reporteth , was accounted the Light of the world . Before he came , he sent his b deputy to worke it , that S. Basill should hold fellowship with Eudoxius ( which c Eudoxius was Bishop of Constantinople , and the principall of the Arrian faction ) or if he would not , that he should put him to banishment . Now when the Emperours Deputie came to Cesarea , hee sent for Basil , intreated him honourably , spake pleasingly vnto him , desired he would giue way to the time , neither that hee would hazard the good of so many Churches tenui exquisitione dogmatis : promised him the Emperours fauour , and himselfe to be mediatour for his good . But S. Basill answered , These intising speeches were fit to be vsed to children , that vse to gape after such things : but for them that were throughly instructed in Gods word , they could neuer suffer any syllable thereof to be corrupted . Nay , if need required , they would for the maintenance thereof , refuse no kinde of death . Indeed the loue of the Emperour ought to be greatly esteemed with pietie ; but pietie taken away , it was pernicious . This is the truth of the history . Now compare the case of Basill with the Arch-priests : Basill was solicited to become an Arrian : the Arch-priest not once touched for any article of faith . Basill would haue obeyed the Emperour , but that the word of GOD for bade him : this man is willed to obey , because the word of GOD commandeth him . Basill highly esteemed the Emperours fauour , if it might haue stood with pietie : the Archpriest is exhorted to reiect it , though it stand with true godlinesse in deed , to embrace it . But that hee may lay load vpon the Arch-priest , it is not sufficient to exhort him to courage and constancie by Eleazars and Basils examples ; but hee must be vtterty cast downe with the comparing his fall to S. Peters , and Marcellinus : which two mens cases were the most feareful , considering their persons and places , that are to be found , or read of either in all the books of diuine Scripture , or the volumes of Ecclesiasticall histories ; the one denying the onely true God , the other our Lord & Sauiour IESVS CHRIST : the one sacrificing to idols , with the profane heathen : the other forswearing his Lord and Master , with the hard-hearted Iewes . Vnlesse the Cardinall would driue the Archpriest to some horrour of conscience , and pit of despaire , I know not what hee can meane by this comparison . For sure I am , all that are not intoxicated with their cup , cannot but woonder to heare of an Oath of Allegiance to a naturall Soueraigne , to bee likened to an Apostats denying of God , and forswearing of his Sauiour . But to let passe the Disdiapason of the cases ( as his ill-fauoured coupling S. Peter the head of their Church , with an apostate Pope ) I maruaile he would remember this example of a Marcellinus , since his brother Cardinall Baronius , and the late edition of the Councels by b Binnius seeme to call the credite of the whole history into question , saying , That it might plainely be refuted , and that it is probably to be shewed , that the story is but obreptitious , but that he would not swarue from the common receiued opinion . And if a man might haue leaue to coniecture ; so would his Cardinalship too , if it were not for one or two sentences in that Councell of Sinuessa , which serued for his purpose : namely that , Prima sedes à nemine iudicatur : And , Iudica causam tuam : nostrâ sententià non condemnaberis . But to what purpose a great Councel ( as he termes it ) of three hundred Bishops and others , should meete together , who before they met , knew they could doe nothing ; when they were there , did nothing , but like Cuckowes , sing ouer and ouer the same song : that Prima sedes à nemine iudicatur : and so after three dayes sitting ( a long time indeed for a great and graue Councell ) brake so bluntly vp : and yet , that there should be seuenty two witnesses brought against him , and that they should subscribe his excommunication , and that at his owne mouth he tooke the Anathema maranatha : how these vntoward contradictions shal be made to agree , I must send the Cardinall to Venice , to Padre Paulo , who in his a Apologie against the Cardinals oppositions , hath handled them very learnedly . But from one Pope , let vs passe to another : ( for , what a principall article of faith and religion this Oath is , I haue alreadie sufficiently proued . ) Why he called S. b Gregory our Apostle , I know not , vnlesse perhaps it be , for that he sent c Augustine the Monke , and others with him into England , to cōuert vs to the faith of Christ , wherein I wish the Popes his successours would follow his patterne . For albeit he sent them by diuine reuelation ( as he said ) into England vnto King Ethelbert ; yet when they came , they exercised no part of their function , but by the Kings leaue and permission . So did King d Lucius send to Eleutherius his predecessor , and hee sent him diuers Bishops , who were all placed by the Kings authoritie . These conuerted men to the faith , and taught them to obey the King. And if the Popes in these dayes would but insist in these steps of their forefathers , then would they not intertaine Princes fugitiues abroad , nor send them home , not onely without my leaue , but directly against the lawes , with plots of treason and doctrine of rebellion , to drawe Subiects from their obedience to mee their naturall King : nor be so cruell to their owne Mancipia , as returning them with these wares , put either a State in iealousie of them ; or them in hazard of their owne liues . Now to our Apostle ( since the Cardinall will haue him so called ) I perswade my selfe I should doe a good seruice to the Church in this my labour , if I could but reape this one fruit of it , to moue the Cardinal to deale faithfully with the Fathers , and neuer to alledge their opinions against their owne purpose . For , this letter of Gregorius was written to Iohn Bishop of a Palermo in Sicily , to whom he granted vsum pallij , to be worne in such times , & in such order as the Priests in the I le of Sicily , and his predecessours were wont to vse : and withall giueth him a caueat : that the reuerence to the Apostolike Sea , be not disturbed by the presumption of any : for then the state of the members doth remaine sound , when the head of the Faith is not bruised by any iniury , and the authoritie of the Canons alwayes remaine safe and sound . Now let vs examine the words . The epistle was written to a Bishop , especially to grant him the vse of the Pall ; a ceremony and matter indifferent . As it appeareth , the Bishop - of Rome tooke it well at his hands , that hee would not presume to take it vpon him without leaue from the Apostolique Sea , giuing him that admonition which foloweth in the words alledged out of him : which doctrine we are so far frō impugning , that we altogether approue & allow of the same , that whatsoeuer ceremonie for order is thought meet by the Christian Magistrat , and the Church , the same ought inuiolably to bee kept : and where the head & gouernour in matters of that nature are not obeyed , the members of that Church must needs run to hellish confusion . But that Gregory by that terme , caput fidei , held himselfe the head of our faith , and the head of all Religion , cannot stand with the course of his doctrine and writings . For first , whē an a other would haue had this stile to be called Vniuersalis Episcopus , hee sayd , b I doe confidently auouch , that whosoeuer calleth himselfe , or desireth to be called Vniuersall Bishop , in this aduancing of himselfe , is the forerunner of the Antichrist . Which notwithstanding was a stile far inferiour to that of Caput fidei . And when it was offered to himselfe , the wordes of S. Gregorie be these , refusing that title : c None of my predecessors [ Bishops of Rome , ] euer consented to vse this prophane name [ of vniuersall Bishop . ] None of my predecessors euer tooke vpon him this name of singularity , neither consented to vse it , We the Bishops of Rome , do not seek , nor yet accept this glorious title , being offered vnto vs. And now , I pray you , would he that refused to be called vniuersall Bishop , be stiled Caput fidei , vnles it were in that sense , as I haue expressed ? which sense if he will not admit , giue mee leaue to say that of Gregorie , which himselfe saith of a Lyra , Minus cautè locutus est : or which hee elswhere saith of Chrysostome , b Locutus est per excessum . To redeeme therefore our Apostle out of his hands , & to let him remain ours , & not his in this case ; it is very true that he saith in that sense he spake it . Whē ye go about to disturbe , diminish , or take away the authoritie or Supremacie of the Church , which resteth on the head of the King , within his dominions , ye cut off the head & chiefe gouernor therof , & disturb the state & members of the whole body . And for a conclusiō of this point , I pray him to think , that we are so well perswaded of the good minde of our Apostle S. Gregory to vs , that we desire no other thing to bee suggested to the Pope and his Cardinals , then our Apostle S. Gregory desired a Sabinian to suggest vnto the Emperour and the State in his time . His words be these : One thing there is , of which I would haue you shortly to suggest to your most noble Lord and Master : That if I his seruant would haue had my hand in slaying of the Lombards , at this day the nation of the Lombards had neither had king , nor dukes , nor earles , and had bin diuided asunder in vtter confusion : but because I feare God , I dread to haue my hand in the blood of any man. And thus hauing answered to S. Gregory , I come to another Pope , his Apostle , S. Leo. And that hee may see , I haue not in the former citations , quarelled him like a Sophister for contentiō sake , but for finding out of the trueth , I do grant , that the authorities out of b Leo , are rightly alleadged all three , the wordes truely set downe , together with his true intent and purpose : but withall , let mee tell him , and I appeale vnto his owne conscience whether I speake not truely , that what Tullie said to c Hortensius , when hee did immoderately praise eloquence , that he would haue lift her vp to Heauen , that himselfe might haue gone vp with her ; So his S. Leo lift vp S. Peter with praises to the sky , that he being his a heire , might haue gone vp with him . For his S. Leo was a great Orator , who by the power of his eloquence redeemed Rome from fire , when both b Attilas and Gensericus would haue burnt it . Some fruits of this rhetorick he bestowed vpon S. Peter , saying , The Lord c did take Peter into the fellowship of the indiuisible vnitie : which words being coupled to the sentence alleadged by the Cardinall ( That hee hath no part in the diuine Mysterie , that dare depart from the soliditie of Peter ) should haue giuen him , I thinke , such a scarre , as hee should neuer haue dared to haue taken any aduātage by the words immediatly preceding , for the benefit of the Church of Rome , and the head therof ; since those which immediatly folow , are so much derogatory to the diuine Maiestie . And againe , My d writings be strengthened by the authoritie and merit of my Lord most blessed S. Peter . We e beseech you to keepe the things decreed by vs through the inspiration of God , and the Apostle most blessed S. Peter . If a any thing be well done , or decreed by vs ; If any thing be obtained of Gods mercy by daily praiers , it is to be ascribed to S. Peters works and merits , whose power doth liue , & authority excell in his owne Sea. He b was so plentifully watered of the very fountaine of all graces , that whereas he receiued many things alone , yet nothing passeth ouer to any other , but hee was partaker of it . And in a word , he was so desirous to extoll S. Peter , That a messenger from him was an c embassage from S. Peter : d any thing done in his presence , was in S. Peters presence . Neither did he vse all this Rhetoricke without purpose : for at that time the Patriarch of Constantinople cōtended with him for Primacie . And in the Councell of e Chalcedon , the Bishops sixe hundred and more , gaue equall authority to the Patriarch of that Sea , and would not admit any priuiledge to the Sea of Rome aboue him ; but went against him . And yet he that gaue so much to Peter , tooke nothing from Caesar ; but gaue him both his Titles and due , giuing the power of calling a Councell to the Emperour ; as it may appeare by these one or two places following of many . If it may please your a godlinesse to vouchsafe at our supplication to condescend , that you wil command a Councell of Bishops to bee holden within Italy . and writing vnto the Bishop of Constantinople . Because the most clement b Emperor , carefull of the peace of the Church , will haue a Councell to be holden ; albeit it euidently appeare , the matter to be handled doeth in no case stand in need of a Councell . And againe , Albeit c my occasions wil not permit me to be present vpon the day of the Councell of Bishops , which your godlinesse hath appointed . So as by this it may well appeare , that he that gaue so much to Peter , gaue also to Caesar his due and prerogatiue . But yet he playeth not faire play in this , that euen in all these his wrong applied arguments and examples , he produceth no other witnesses , but the parties themselues ; bringing euer the Popes sentences for approbation of their owne authoritie . Now indeed for one word of his in the middest of his examples , I cannot but greatly cōmend him ; that is , that Martyrs ought to indure all sorts of tortures and death , before they suffer one syllable to be corrupted of the Law of God. Which lesson , if hee and all the rest of his owne profession would apply to themselues , then would not the Sacrament be administred sub vnâ specie , directly contrary to Christes institution , the practise of the Apostles and of the whole Primitiue Church for many hundred yeeres : then would not the priuate Masses bee in place of the Lordes Supper : then would not the words of the a Canon of the Masse be opposed to the words of S. Paul and S. Luke , as our Aduersary himselfe confesseth , and cannot reconcile them : nor then would not so many hundreths other traditions of men be set vp in their Church , not only as equall , but euen preferred to the word of God. But sure in this point I fear I haue mistaken him : for I thinke he doth not meane by his Diuina Dogmata , the word of the God of heauen , but onely the Canons and Lawes of his Dominus Deus Papa : otherwise all his Primacie of the Apostolike Sea would not be so much sticken vpon , hauing so slender ground in the word of God. And for the great feare he hath , that the suddennes of the apprehension , the bitternes of the persecution , the weaknesse of his age , and other such infirmities might haue bene the cause of the Arch-priests fall ; in this , I haue already sufficiently answered him ; hauing declared , as the trueth is , and as the said Blackwel himselfe wil yet testifie , that he took this Oath freely of himselfe , without any inducement therunto , either Precebus or Minis . But amongst all his citations , he must not forget holy Sanderus and his Vi●ibilis Monarchia , whose person and actions I did already a little touch . And surely who will with vnpartiall eyes read his bookes , they may well thinke , that he hath deserued wel of his English Roman-Church ; but they can neuer thinke , but that he deserued very ill of his English Soueraigne and State. Witnesse his owne books ; whereout I haue made choice to set downe here these few sentences following , as flowers pickt out of so worthy a garland . a Elisabeth Queene of England , doth exercise the Priestly act of teaching and preaching the Gospel in England , with no lesse authority then Christ himself , or Moses euer did . The supremacy of a a woman in Church matters , is from no other , then from the Deuill . And of all things in generall , thus he speaketh , The b King that wil not inthrall himselfe to the Popes authority , he ought not to be tolerated ; but his Subiects ought to giue all diligence , that another may be chosen in his place assoone as may be . A King that is an c Heretike , ought to be remoued from the kingdome that he holdeth ouer Christians ; and the Bishops ought to endeuour to set vp another , assoone as possibly they can . Wee doe constantly d affirme , that all Christian Kings are so far vnder Bishops and Priestes in all matters appertaining to faith , that if they shall continue in a falt against Christian Religion after one or two admonitions , obstinately , for that cause they may and ought to be deposed by the Bishops from their temporal authority they hold ouer Christiās . e Bishops are set ouer temporall kingdomes , if those kingdomes do submit themselues to the faith of Christ . We doe iustly f affirme , that all Secular power , whether Regall , or any other is , of Men. The g anoynting which is powred vpon the head of the King by the Priest , doeth declare that he is inferiour to the Priest . It is altogether against the will of a CHRIST , that Christian Kings should haue supremacie in the Church . And whereas for the crowne and conclusion of all his examples , he reckoneth his two English martyrs , Moore and Roffensis , who died for that one most weighty head of doctrine , as he alleadgeth , refusing the Oath of Supremacie ; I must tel him , that he hath not bene well informed in some materiall points , which doe very neerly concerne his two said martyrs . For it is cleare and apparantly to be prooued by diuers Records , that they were both of them committed to the Tower about a yeere before either of them was called in question vpon their liues , for the Popes Supremacie ; And that partly for their backwardnesse in the point of the establishment of the Kings succession , wherunto the whole Realme had subscribed , and partly for that one of them , to wit , Fisher , had had his hand in the matter of the holy b mayd of Kent , he being for his concealement of that false prophets abuse , found guiltie of misprision of treason . And as these were the principall causes of their imprisonment ( the King resting secure of his Supremacie , as the Realme stood then affected , but especially troubled for setling the crowne vpon the issue of his second marriage ) so was it easily to be conceiued , that being thereupon discontented , their humors were therby made apt to draw them by degrees , to further opposition against the King and his authoritie , as indeed it fell out . For in the time of their being in prison , the Kings lawfull authoritie in cases Ecclesiasticall being published and promulged , as wel by a generall decree of the Clergie in their Synode , as by an Act of Parliament made thereupon ; they behaued themselues so peeuishly therein , as the old coales of the Kings anger being thereby raked vp of new , they were againe brought in question ; as wel for this one most weighty head of doctrine of the Pope his supremacy , as for the matter of the Kings marriage and succession , as by the confession of one of themselues , euen Thomas Moore , is euident . For being condemned , he vsed these wordes at the barre before the Lords , Non ignoro cur me morti adiudicaueritis ; videlicet ob id , quod nunquam voluerim assentiri in negotio matrimonij Regis . That is , I am not ignorant why you haue adiudged me to death : to wit , for that I would neuer consent in the busines of the new marriage of the King. By which his owne confession it is plaine , that this great martyr himselfe tooke the cause of his owne death , to be only for his being refractary to the King in this said matter of Marriage and succession ; which is but a very fleshly cause of martyrdome , as I conceiue . And as for Roffensis his fellow Martyr ( who could haue bene content to haue taken the Oath of the Kings Supremacy , with a certaine modification , which Moore refused ) as his imprisonment was neither onely , nor principally for the cause of Supremacy , so died he but a halting and a singular Martyr or witnes for that most waightie head of doctrine ; the whole Church of England going at that time , in one current and streame as it were against him in that argument , diuerse of them being of farre greater reputation for learning and sound iudgement , then euer he was . So as in this point we may wel arme our selues with the Cardinals own reason , where hee giueth amongst other notes of the true Church , Vniuersalitie for one , we hauing the generall and Catholike conclusion of the whole Church of England , on our side in this case , as appeareth by their booke set out by the whole Conuocation of England , called , The institution of a Christian man ; the same matter being likewise very learnedly handled by diuers particular learned men of our Church , as by Steuen Gardiner in his booke de vera obedientia , with a preface of Bishop Boners adioyned to it , De summo & absoluto Regis Imperio , published by M Bekinsaw , De vera differentia Regiae Potestatis & Ecclesiasticae , Bishop Tonstals Sermon , Bishop Longlands Sermon , the letter of Tonstall to Cardinall Poole , and diuers other both in English and Latine . And if the bitternesse of Fishers discontentment had not bene fed with his daily ambitious expectation of the Cardinals hat , which came so neere as Calis before hee lost his head to fil it with , I haue great reason to doubt , if he would haue constantly perseuered in induring his martyrdome for that one most waightie head of doctrine . And surely these two captaines and ringleaders to martyrdome were but ill folowed by the rest of their countrymen : for I can neuer reade of any after them , being of any great account , and that not many , that euer sealed that weighty head of doctrine with their blood in England . So as the true causes of their first falling in trouble ( wherof I haue already made mention ) being rightly considered vpon the one part ; and vpon the other the scant number of witnesses , that with their blood sealed it ; ( a point so greatly accounted of by our Cardinal ) there can but smal glory redound therby to our English nation , these onely two , Enoch and Elias , seruing for witnesses against our Antichristian doctrine . And I am sure the Supremacie of Kings may , and will euer be better maintained by the word of God ( which must euer bee the true rule to discerne al weighty heads of doctrine by ) to be the true and proper office of Christian Kings in their owne dominions , then he wil be euer able to maintaine his annihilating Kings , & their authorities , together with his base & vnreuerend speeches of them wherewith both his former great Volumes , and his late Bookes against Venice are filled . In the old Testament , Kings were directly a Gouernours ouer the Church within their Dominions ; b purged their corruptions ; reformed their abuses , brought the c Arke to her resting place , the King d dancing before it ; e built the Temple ; f dedicated the same , assisting in their owne persons to the sanctification thereof ; g made the booke of the Law new-sound , to be read to the people ; h renewed the couenant betweene God and his people ; * brused the brasen Serpent in pieces , which was set vp by the expresse cōmandement of God , and was a figure of Christ ; destroyed i all Idols , and false gods ; made k a publike reformation , by a Commission of Secular men and Priests mixed for that purpose ; deposed l the hie Priest , and set vp another in his place : and generally , ordered euery thing belonging to the Church-gouerment , their Titles and Prerogatiues giuen them by God , agreeing to these their actions . They are called the m Sonnes of the most High , nay , Gods n themselues ; The o Lords anoynted ; Sitting p in Gods throne ; His q seruants ; The Angels r of God ; According to his ſ hearts desire ; The light t of Israel ; The u nursing fathers of the Church , with innumerable such stiles of honor , wherwith the old Testament is filled ; wherof our aduersary can pretend no ignorance . And as to the new Testament , Euery soule is commaunded to be subiect vnto them , euen for x conscience sake . All men y must bee prayed for ; but especially Kings , and those that are in Authority , that vnder them we may lead a godly , peaceable and an honest life . The a Magistrate is the minister of God to doe vengeance on him that doth euill , & reward him that doeth well . Ye must obey all higher powers , but b especially Princes , and those that are supereminent . Giue euery man his due , feare c to whom feare belongeth , and honour to whome honour . Giue d vnto Caesar what is Caesars , and to God what is Gods. e Regnum meum non est huius mundi . f Quis me constituit Iudicem super vos ? g Reges gentium dominantur eorum , vos autem non sic . If these examples , sentences , titles , and prerogatiues , and innumerable other in the old and new Testament , do not warrant Christian Kings , within their owne dominions , to gouerne the Church , as well as the rest of their people , in being Custod es vtriusque Tabulae , not by making new articles of faith , ( which is the Popes office , as I saide before ) but by cōmanding obedience to be giuen to the word of God , by reforming the religion according to his prescribed will , by assisting the spiritual power with the temporal sword , by reforming of corruptions , by procuring due obedience to the Church , by iudging and cutting off all friuolous questions and Schismes , as a Constantine did ; and finally , by making decorum to bee obserued in euery thing , & establishing orders to be obserued in al indifferent things for that purpose , which is the only intent of our Oath of Supremacy : If this Office of a King , I say , doe not agree with the power giuen him by Gods word , let any indifferent man voyd of passion , iudge . But how these honourable offices , styles , and prerogatiues giuen by God to Kings in the old & new Testament , as I haue now cited , can agree with the braue stiles and titles that Bellarmine giueth thē , I can hardly conceiue . 1. That Kings are rather slaues then Lords . 2. That they are not only subiects to Popes , to Bishops , to Priests , but euen to Deacons . 3. That an Emperour must content himselfe to drinke , not onely after a Bishop , but after a Bishops Chaplen . 4. That Kings haue not their authority nor office immediatly from God , nor his Lawe , but onely from the Law of Nations . 5. That Popes haue degraded many Emperours , but neuer Emperour degraded the Pope ; nay , euen * Bishops , that are but the Popes vassals , may depose Kings , and abrogate their lawes . 6. That Church-men are so farre aboue Kings , as the soule is aboue the body . 7. That Kings may be deposed by their people , for diuers respects . 8. But Popes can by no meanes bee deposed : for no flesh hath power to iudge of them . 9. That obedience due to the Pope , is for conscience sake . 10. But the obedience due to Kings , is onely for certaine respects of order and policie . 11. That these very Church-men that are borne , and inhabite in Soueraigne Princes countreys , are notwithstanding not their Subiects , and cannot be iudged by them , although they may iudge them . 12. And , that the obedience that Churchmen giue to Princes , euen in the meanest and meere temporall things , is not by way of any necessary subiection , but onely out of discretion , and for obseruation of good order and custome . These contrarieties betweene the booke of God , and Bellarmines books , haue I heere set in opposition ech to other , Vt ex contrarijs iuxta se positis , veritas magis elucescere possit . And thus farre I dare boldly affirme , that whosoeuer will indifferently weigh these irreconciliable contradictions here set downe , wil easily confesse , that CHRIST is no more contrary to Beliall , light to darkenesse , and heauen to hell , then Bellarmines estimation of Kings , is to Gods. Now as to the conclusion of his letter , which is onely filled with strong and pithy exhortations , to perswade and confirme Blackwell to the patient and constant induring of Martyrdome , I haue nothing to answere , saue by way of regrate ; that so many good sentences drawen out of the Scripture , so well and so handsomely packed vp together should bee so ill and vntruely applied . But an euill cause is neuer the better for so good a cloake ; and an ill matter neuer amended by good words : And therefore I may iustly turne ouer that craft of the deuill vpon himselfe , in vsing so holy-like an exhortation to so euill a purpose . Only I could haue wished him , that hee had a little better obserued his decorum herein , in not letting slip two or three prophane wordes amongst so many godly mortified Scripture sentences . For in all the Scripture , especially in the new Testament , I neuer read of Pontifex Maximus . And the Pope must be content in that stile to succeed according to the Lawe and institution of Numa Pompilius , and not to S. Peter , who neuer heard nor dreamed of such an office . And for his Caput fidei , which I remembred before , the Apostles ( I am sure ) neuer gaue that stile to any , but to CHRIST . So as these stiles , wherof some were neuer found in Scripture , and some were neuer applied but to CHRIST in that sense , as he applieth it , had bene better to haue beene left out of so holy and mortified a letter . To conclude then this present discourse , I heartily wish all indifferent readers of the Breues and Letter , not to iudge by the speciousnes of the words , but by the weight of the matter ; not looking to that which is strongly alledged , but iudiciously to consider what is iustly prooued ; And for all my own good and naturall Subiects , that their hearts may remaine established in the trueth ; that these forraine inticements may not seduce them from their natall and naturall duetie ; and that all , aswell strangers , as naturall Subiects , to whose eyes this discourse shall come , may wisely and vnpartially iudge of the Veritie , as it is nakedly here set downe , for clearing these mists and cloudes of calumnies , which were iniustly heaped vpon mee ; for which ende onely I heartily pray the courteous Reader to be perswaded , that I tooke occasion to publish this discourse . Notes, typically marginal, from the original text Notes for div A04286-e360 a a Being a proper word to expresse the true meaning of Tortus . b b P. 46. c c P. 63. Pag. 69. P. 47. P. 98. P. 87. P. 98. Ibid. P. 97. a a Senten . Card. Baron , super excom : Venet. Lib. de Cler. cap. 28. a a Sigebert , ad ann . 773. Walthram . Naumburg . lib. de Episc , inuestitura . Mart. Polon . ad ann . 780. Theod. à Niem . de priuileg . & Iurib. Imper. & dist . 30. C. Hadrian . 2. b b See Platin. in v●t . Pel●g . 2. Gregor . 1. & Seuerini . c c Lib. de Clericis . d d In Chron. ad ann . 680. e e in vit . Agathon & Anast . in vit . eiusd . Agath . & Herm. Contract ad ann . 678. aedit . poster . & Dist . 63. c. Agatho . f f Iuitpr . Hist . lib. 6 c. 10 , 11. Rhegino ad an . 963. & Platin in vit . Ioan. 13. g g Marianus Scot. Sigeb . Abbas . Vrsp . ad ann . 1046. & Platin in vit . Greg. 6. h h Walthram . Naumburg . in lib. li● . de inuest . Episc . Vixit circae ann . 1110. i i See Annales Franciae Nicolai . Gillij in Philip. Pulchro . k k Anno 1268 ex arrestis Senatus Parisiens . l l Ioan. Maierius , lib. de Scismat . & Concil . o o Matt. Teris . in Henr. 1. anno ●100 . p p Idem ibid. ann . 1113. q q Idem . ibid. anno . 119. r r Ex Archiuis Regni . a a Lib. 2. con . Cresconium . cap. 32. b b Lib. 1. de ve●b . Dei. c. 4. a a Luc. 1.28 . b b Ibid. ver . 48. Matth 11.28 . Colos . 28.23 . a a Luke 8. Luc. 11.28 . * * Iubilees , In dulgences , satisfactions for the dead , &c. Lib. 2 de Purgat cap. 7. Iohn 14. a a Bellar lib. 4. de Rom. Pont. cap. 25. Page 98. Luk. 22.25 . Iohn 14.26 . Matth. 18.18 . 1. Cor. 5.4 . Act. 15.22 , 23. 1 Cor. 1.12 . Galat. 2. ● Gal 1.18 . Bellar. de Rom. Pont. lib. 1. cap 17. Libello aduersus haereses . 1. Pet. 5.13 . 2. Thes . 2. Verse 3. Verse 3 , 4. Psal . 82.6 . 2. Thes . 2.4 . Verse 5. Verse 6. Verse 7. * * For so doeth Tortus call Rome when it was spoiled by them , though it was Christian many yeres before . a a Verse 8. Vers . 8.9 . Bellar. lib. 3. de Euchar. cap. 8. Reuel . 17.51 . Vers . 3. Vers . 18. Vers 5. Cap. 18.52 . Vers . 5. Chap. 11.8 . Matt. 25.40 . Acts 9.4 . Reuel . 18.24 . Cap. 13.3 . Cap. 17 , 10. Verse 11. Reuel . 1.1 . & cap. 41. cap. 7. cap. 9.16.18 . Matth. 24.41 . Matth. 25. a a Reuel . 3.3 . and 16.15 . b b Matth. 24.44 Bellar. de Rom. Pont. lib. 3. cap. 6. Mat. 11.14 . and 17.12 . Mar. 9.13 . Matt. 17.11 . Malac. 4.5 . Matth 27. a a This obscuring of the Sunne was so extraordinary and fearfull , that Dionysius , onely led by the light of nature and humane learning , cryed out at the sight thereof , Aut Deuspatitur , aut vices patientis dolet . Mala. 4.6 . Eccle. 48 9. Mala. 4.6 . Eccles . 44 16 a a P. 27. Mat. 22 32. Lib. 5. Lib. cont . Iadaeos . cap. 2. 2. Thes . 2. Reuelat. 11. Reuel . 21.27 . Lib de Gra. ●rimi homini : Gene. 2. Rom. 12.3 . Gene. 5.24 . 2. King. 2.11 , 10. Cardinall Peron . Luke 15.8 . Iohn 21.22 , 23. Made by Bonauentura Doctor Seraphicus . Iohn 5.39 . a a Reue. 11.4 . b b Ibid. See Expositio M●ssae , annexed to Ordo Romanus , set forth by G. Cassander . Verse 8. Colos . 2.20 . Verse 8. 2 Chro 34.14 . Verse 10. Verse 3. Reuel . 6.2 . 2. Cor. 10.4 . Reuel . 11.7 . a a Printed at Venice Anno 1562. Verse 11. 12. 13. Deut. 19.15 . Reuel . 11.3 . a a Sauguis Martyrum est semen Eccles . Verse 11. Actes 2.41 . Reuel . 18.4 . Cap. 17. Verse 18. Verse 9. Verse 13. Verse 12. a a From the time of Constantine the great his remouing of the Empire from Rome to Constantinople , t● the time of Boniface the third , to w●t , ●bout 276. yeeres Verse 11. a a Not in respect of the extent , and limites of the Empire : but in regard of the gouernement therof , and glory of the citie . Reuel . xviij . Verse 9. and 11. Verse 10.16.19 . Verse 9. Verse 12. 1. Description of Antichrist Reuel . cap. vj Verse 2. Verse 4. Verse 5. Verse 8. a a Or them , after other Translations , whereby is ioyntly vnderstood the said pale horse , together with his rider and cōuoy , Death and Hell. Verse 9. Verse 10. Verse 12. The second description . Verse 1. Verse 2. Verse 3. Verse 11. Matth. 5.14 . Verse . 13. Verse 20. Lib. de Cultu Adoration . lib. 3. disp . 1. cap. 5. Verse 21. Cap. 10. ver . 6 Verse 7. Cap. xj . Verse 3. Cap. xj . Verse 7. The third description . Cap. xij . Verse 6. Verse 15. Cap. xiij . Verse 1. Verse 2. Verse 3. Verse 6. Verse 7. Verse 11. Verse 12. 2. Thes . 2.9 Verse 13. Verse 15. Verse 17 Verse 16. Verse 15. Irenaeus aduersus Haeres . lib. 5. a a Epistol . lib. 6. cap. 30. Cap. xiiij . Verse 3. Verse 6. Verse 7. Verse 8. Verse 9. Cap. xv . Verse 1. Chap. xvj . Verse 10. Verse 12. Dan. 5.3 . Verse 13. Verse 14. Verse . 17. Verse . 19. The fourth description . Cap. xvij . Verse 3. Verse 4. Verse 1. Verse 2. Verse 6. Verse 5. Verse 5. Verrse . 9. Verse 12. Verse 13. Verse 14 Verse 16. Reuel . 16.12 . Verse 17 Prou. 21.1 . Verse 18 Chap. xviij . Verse 9.10 . Verse 11 , 15 , 16 , 17 , 18. Verse 12 , 13. Verse 13. a a Henry 3. K. of France . b b Henry 4. Verse 4. Verse 6 * * Cornicula Aesopica . Verse 7 Cap. xix . Verse 1. Verse 2. * * Bellar. in Resad Gerson . consid . 11. Verse 19 Verse 20. Cap. 18.21 Ibidem . Verse 22 , 23 Cap. xx . Verse 2 Verse 8 Verse 9. Verse 10. Verse 11 , 12 , 13 Matth. 24 22 Chap. xxj . xxij a a Lib. de Clericis , cap. 16. b b Lib. de Episcopatibus , Titulis & Diaconijs Cardinalium . Rom. 13.5 . 1 Pet. 2.13 . Actes 25.10 . Actes 22.28 . a a 1. Sam. 10.1 b b 1. Sam. 16.12.13 . Actes 1. Cyprian . lib. 1. Epist . 4. 1. King. 12.20 2. King 9.2 , ● . Isai 5.20 . Verse 23. Iohn 10.27 . a a 1. Tim. 1.4 . b b Ibid. c. 4.7 . Actes 26.29 . Abac. 2 4. Notes for div A04286-e23840 a a Gen 4.10 . The Pope his first Breue . The Oath . a a Magno cum animi moerore , &c. The intendement of this discourse . a a Iosh . 1.17 . b b Iere. 27.12 . c c Exod. 5.1 . d d Ezra . 1.3 . e e Rom 13.5 . f f Augusi●in Psal . 124. g g Tertul●ad Scap. h h Iust . Martyr Apol. 2. ad Ant. Imperat. i i Amb. in orat cont . Auxent●ū de basilicis traden . habetur lib. 5. Epist . Amb. k k Optat. contra Parmen . lib. 3. l l Greg. Mag. Epist. lib. 2. indict . 11. Epist . 61. m m Concil . Arelatense sub Carolo Mag. Can. 26· a a Vide epistolam generalis Conc. Ephes . ad August . b b Iohn 18.36 . c c Mat. 22.21 . Question . Answere to the Popes exhortation . Fama vires acquirit eundo . a a Eusebius , Occumemus and Leo hold , that by Babylon in 1. Pet. 5.13 Rome is meant , as the Rhemists themselues confesse . b b See the Relation of the whole proceedings against the Traitors , Garnet and his confederates . The Catholikes opinion of the Breue The second Breue . A double Oath of euery Subiect . A great mistaking of the state of the Question and case in hand . The difference betweene the Oath of Supremacie , and this of Allegiance . Touching the pretended Councel of Lateran . See Plat. In vita Innocen . III. The Oath of Allegiance confirmed by the authoritie of ancient Councels . The ancient Councels prouided for Equiuocation The difference between the ancient Councels , and the Pope counselling of the Catholikes . Concil . Toletan . 4 can 47. Ann. 633. a a Concil . Toletan . 5. Can. 7. anno . 636. b b Synod . Toletan 4. vniuersalis , & magna Synodus dicta , Syn. T●l 5. ca. 2. a a Concil . Tolet . 6. Can. 18 Anno 638. b b Concil . Tolet. 10 Can. 2. Aera . 694. a a Concil . Toletan . 4. cap. 74. b b Concil . Tolet 4. cap 74. a a Concil . A. quisgran sub Ludou . Pio , & Greg. 4. Can. 12. anno 836. Campian and Hart. See the conference in the Tower. The Cardinals charitie . a a Mat. 5.43 . a a Matth. 11.17 No decision of any point of Religion in the Oath of Allegiance . a a Bellar. de Rom. Pont. lib. 4. cap. 6. Ibid. lib. 2. ca 12 b b Idem . ibidem lib. 2. cap. 14. The Cardinals weighiest Argument . a a Bellar. de Rom. Pont. lib. 5. cap. 8. & lib. 3. cap. 16. b b Gotfrid . Vite●b . Helmod . Cuspinian . e e Pascal . 2. a a See the Oration of Sixtus Quintus , made in the Consistory vpon the death of Henry the 3. a a Bellar de Iustif . lib. 5. cap. 7. b b Contrary to all his fiue bookes de Iustificatione . c c Bellar. de amis . gra . & s●at . pecca . lib. 2. cap. 13. d d Ibidem paulò pòst . e e Bellar. de cleicis , lib. 1. cap. ●4 . f f Bellar. de P●nt . lib. 4 cap. ●5 . g g Bellar. de ●ont . lib. 1. cap. ●2 . h h B●llar . de ●ustif . lib. 3. cap. 14. i i Bellar. de gra & lib. arbit . lib. 5. cap. 5. k k Eodem lib. ●ap . 9. l l Bell. de Pont. lib. 4. cap. 3. m m Bell. de Iust . ●ib . 3. cap. 14. n n Bell. de Rom. Pontif. lib. 3 . ●ap . 14. o o Ibid. ex sen●ent . Hypol. & ●yril . & cap. 12. eiusdem ●ibri . p p Bellar. lib. 1 . ●e missa . cap. 27 q q Bellar. de ●ss lib. 2. cap. 2. r r Bellar. de inim . Christ . ●●b . 4. cap. 5. ſ ſ Bellarm. de Pont. lib. 3. cap. 17. t t Bellarm. de ●on . lib 3. cap. 3. u u Bellarm. ibid. x x Bellarm. de Pont. lib. 2. cap. 31. y y Bellar. de Pontif . lib. 2 cap. 24. a a Henry 4. b b Abbas Vrspergen . Lamb. Scaffin . Anno 1077. Plat. in vit . Greg. 7. c c Frederick Babarossa . d d Naucler . gener 4● . Iacob . Bergom . in Supplem chron . Alsons . Ciacon . in vit . Alex. 3. e e Henry . 6. f f R H●ueden in Rich. 1. Ranulph in Polychronico . lib. 7. g g Abbaes Vrsper . ad Ann. 1191. Nauc . gen . 40. Cuspin . in Philippo . h h Abbas Vrsper i i Matth Paris in Henr. 3. Petrus de Vineis Epist . lib. 1. & 2. & Cuspin . in Freder . 2. k k Vita ●rederici Germaincè conscriptae . l l Frederick Barbarossa . m m Paul Iouius Histor . lib. 2. Cuspinian . in Baiazet . 11. Guicciard . lib. 2. n n Houeden pag. 308. Matth. Parls . in Henric. II. Walsinga . in Hypodig . Neustriae Ioan. Capgraue . o o Gometius de rebus gest . Fran. Ximenij Archiepis . Tolet lib. 5. a a Card. Allens Answere to Stan. let . Anno. 1587. a a Nazianzenus in Iulian. inuectiuâ primâ . The disproportion of the Cardinals similitude . a a 2. Macchabees cap. 6. vers● 18. An answere to the Cardinal● example of Eleazar . a a 1. Sam. 14.15 . a a Theodorit . lib. 4 cap. 19. An answere to the Card. example of S. Basil a a Theodorit . lib 4. cap. 19. b b Modestus as Nazianzen vpon the death of Basil calleth him in his oration . c c Looke cap. 12. eiusdem libr. The Cardi. assimilating of the Arch pr. case to S. Peters , and Marcellinus , considered· a a Looke Platina in vita Marcellini . b b Concil . Tom. 1. pag. 222. Looke Baronius . Ann. 302. num . 96. See Tom. 1. Concil . in Act. Concil . Sinues . san . a a Apol. Pat. Paul aduersus opposit . Card. Bellar. An answere to the place alledged out of S. Gregory . b b Greg. lib. 11. cap. 42. c c Beda Ecclesi . Hist . gen . Ang. lib. 1. cap. 25. d d Beda Ecclesiast . Hist . gen . Ang. iib. 1. cap. 4 a a Greg. lib. 11. cap. 42. a a Iohn of Constantinople . See Greg. lib. 4. Epist . 32. b b Lib. 6. Epist . 30. c c Greg. lib. 4. Epist . 32. & 36. a a Bellar. de Rom. Pont. lib. 2. cap. 10. b b Idem . lib. 2. de Missa cap. 10. a a Greg. lib. 7. Epist . 1. An answere to the authoritie out of Leo. b b Leo trimus in die ass●m● . su●e ad Pontif. s●rmone 3. Leo Epist 89. ad Epist . Vien . Idem ibid. cap. 2 c c Cicero in Hor. a a For so he calleth himselfe in serm . 1. in die assum . b b Ex●reuiario Romano . c c Epist . 89. d d Epist . 52. e e Epist . 89. a a In serm . 2. in die anniuer . assum . suae . b b Ser. 3. in die anni . assump . suae . c c Epist . 24. d d Epist . 4. e e Concil . Ch●lced . Act. 16. & c●n . 28. a a Epist . 9. Theodosio . b b Epist . 16. Flauiano . c c Epist . 17. Theodosio . a a Bellar. de sacra Eucharist . lib 4. cap. 14. Some of Sanders his worthy sayings remembred . a a Sand. de visib . monar . lib. 6. cap. 4. a a Sand. de clau . Dauid lib. 6. cap. 1. b b Sand. de visib . Monar . lib. 2. cap. 4. c c Ibidem . d d Ibidem . e e Ibid●m . f f Sand. de clau . Dauid . lib. 5. cap. 2. g g Ibidem . a a Sand. de c●a . Dauid lib. 5. cap. 4. The Cardinals paice of Martyrs weighed . b b Called Elizabeth Barton . See the Act of Parliament . Histor . aliquot Mar●num nostri seculi , Ann. 1550. The Supremacy of Kings sufficiently warranted by the Scriptures . a a 2. Chron. 19.4 . b b 2. Sam. 5.6 . c c 1. Chron. 13.12 . d d 2. Sam. 6.16 . e e 1. Chron. 28.6 f f 2. Chron. 6. g g 2. King. 22.11 . h h Nehe. 9.38 . Dauid . Salomon . * * 2. King. 18.4 . i i 1· Kings 15.12 . k k 2. Chron. ●7 . 8 . l l 1 Kings 2.27 . m m 2. Sam. 7.14 . n n Psal . 82.6 . & Exod. 22.8 . o o 1. Sam. 24 . 1● p p 2. Chro. 9.8 q q 2. Chron. 6.15 . r r 2. Sam. 14.20 ſ ſ 1. Sam. 13.14 t t 2. Sam. 21.17 u u Isa . 49.23 . x x Rom. 13.5 . y y 1. Tim. 2.2 . a a Rom. 13.4 b b 1. Pet. 2.13 . c c Rom. 13.7 . d d Matth. 22.21 . e e Iohn 18.36 . f f Luke 12 14 g g Luke 22.25 . a a Euseb . lib. 3. de vita Constaetini . 1. De la●cis . cap. 7. 2. De Pont. lib. 1. cap. 7. 3. Ibidem . 4. Ibidem , & de cler . cap. 28. 5. De P. nt . lib 3. cap. 16. * * De Rom. Pont lib 5. cap. 8. 6. De laicis . cap 8. 7. De Pont. lib 5. cap. 18. 8. De Pont. lib. 2. cap. 26. 9. De Pont. lib. 4 cap. 15. 10 De Clericis cap. 28. 11. Ibidem . 12. Ibidem . A28503 ---- A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626. This text is an enriched version of the TCP digital transcription A28503 of text R10750 in the English Short Title Catalog (Wing B338). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 179 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A28503 Wing B338 ESTC R10750 11992600 ocm 11992600 52051 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28503) Transcribed from: (Early English Books Online ; image set 52051) Images scanned from microfilm: (Early English books, 1641-1700 ; 80:7, 2158:14) A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626. James I, King of England, 1566-1625. [2], 127 p. : port. Printed by T.M. & A.C. for John Benson and John Playford ..., London : 1651. Item at 80:7 identified as B338 (entry cancelled in Wing 2nd ed.). Reproduction of original in Huntington Library. eng Overbury, Thomas, -- Sir, 1581-1613. Essex, Robert Devereux, -- Earl of, 1591-1646. Somerset, Frances Howard Carr, -- Countess of, 1593-1632. Poisoning. A28503 R10750 (Wing B338). civilwar no A true and historical relation of the poysoning of Sir Thomas Overbury. With the severall arraignments and speeches of those that were execu [no entry] 1651 33861 16 0 0 0 0 0 5 B The rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-06 SPi Global Keyed and coded from ProQuest page images 2001-07 TCP Staff (Michigan) Sampled and proofread 2003-07 SPi Global Rekeyed and resubmitted 2003-08 Marika Ismail Sampled and proofread 2003-08 Marika Ismail Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion THE LIVELY PORTRAICTURE OF SIR THOMAS OVERBURY . A mans ' best fortune or his worst's a wife : Yet I , that knew nor mariage peace nor strife , Live by a good , by a bad one lost my life . A wife like her I writ , man scarse can wed : Of a false friend like mine , man scarse hath read . Laur : Lisle excud . A True and Historical RELATION Of the Poysoning of Sir Thomas Overbury . With the Severall Arraignments and Speeches of those that were executed thereupon . Also , all the passages concerning the Divorce between ROBERT late Earle of Essex , and the Lady FRANCES HOWARD : with King JAMES'S and other large Speeches . Collected out of the Papers of Sir Francis Bacon , the Kings Attorney-Generall . LONDON , Printed by T. M. & A. C. for Iohn Benson and Iohn Playford , and are sold at their Shops in S. Dunstans Church-yard , and in the Middle Temple . 1651. The proceedings which happened touching the Divorce between the Lady Frances Howard , and Robert Earle of Essex . THE Lady Frances Howard , before the Kings Delegates , Geor. Canterbury , Iohn London , Lanc ▪ Ely , Rich. Leichfield and Coventry , Doctor Caesar , Thomas Parry , Daniel Dunne , Iohn Bennet , Franc. Iames , and Thomas Edwards , authorised under the Kings Broad Seale , Plaintiffs , in Ian. 1616. That she and Robert Earle of Essex were married by publique Rites and Ceremonies of the Church , in Ian. 1603. That she at the same time was fully thirteen years old , and is at this time twenty two , or twenty three . That the foresaid Robert at the time of the pretentended Marriage was about fourteen , and is about two and twenty , or three and twenty at this time ; and ever since , and at this present is a man ( as far forth as a man may judge ) and hath been in good health and perfect estate of body , not any way hindred by any ague or sicknesse , but that he might have carnall copulation with a woman . That since the pretended Marriage at least by the space of a whole year , and continued three years after the said Robert had fully attained the age of eighteen yeares ( as time and place did serve ) after the fashion of other marryed Folks , the said Frances Howard in hope of lawfull Issue and desirous to be made a Mother , lived together with the said Robert at bed and board , and lay both naked , and alone in the same bed ( as married Folks use ) and desirous to be made a Mother from time to time , again , and again yeelded herselfe to his power , and as much as lay in her offered her self and her body to be known , and earnestly desired conjunction and copulation : And also the said Earle in the same time , very often , again and again , did try to have copulation as with his lawful wife , which she refused not , but used the best means she could . Notwithstanding all this , the said Earle could never carnally know her , nor have that copulation in any sort which the Married-bed alloweth ; yet before the said pretended Marriage and since , the said Earle hath had , and hath power and ability of body to deal with other women , and to know them carnally , and sometimes hath felt the motions and pricks of the flesh carnally and tending to carnal copulation as he saith , and believeth : but by perpetual and natural impediment hath been hindered all the former time , and is at this present , that he can have no copulation with the said Lady Frances . Furthermore , the said Lady Frances hath been , and is a woman fit and able to have copulation with a man and such an one as may be carnally known , neither hath in this regard any impediment . Moreover the said Lady Frances remaineth , and is at this present a Virgin . Also at the time of the pretended marriage , the said Lady Frances was unacquainted with the said Earles want of ability and impediment formerly mentioned . And furthermore , the said Earle long before this Suit commenced , hath very often , and at sundry times confessed in good earnest , before witnesses of good credite , and his friends and kinsfolks , that although he did his best endeavour , yet he never could not , nor at this time can have Copulation with the said Lady Frances , no not once . And also in regard of womanish modesty , the said Lady Frances hath concealed the former matter , and had a purpose ever to conceale it , if she had not been forced through false rumours of disobedience to the said Earle to reveale them . She requireth , since this pretended Matrimony is but a fact , and not in right ; It may be Pronounced , Adjudged , and Declared , as none of none effect , and she may be quit and freed from all Knot and Bond of the same , by your Sentence and Authority . The Earle of Essex replyeth , 5. Jun. 1614. TO the first and second , he answereth affirmatively . To the third , he thinketh that at the time of his Marriage he was full fourteen years , and is now twenty two and upwards ; neither since hath had , or hath any sicknesse or impediments to hinder him , but that he might have had Copulation of a woman , saving in the time of his sicknesse of the Smal-Pox , two or three years after the said Marriage , which continued for a moneth or six weeks , and at another time , when he had few fits of an Ague . To the fourth he affirmeth , that for one year he diverse times attempted : that the two other years he did lye in bed most commonly with her , but felt no motion or provocation ; and therefore attempted the first year : when he was willing , she shewed her self sometimes willing , but other times refused . To the fifth , he answereth , that he never knew her carnally , but found not any defect in himself ; yet was not able to penetrate into the wombe , nor enjoy her . To the sixth , he believeth , that before and after the marriage , he hath found an ability of body to know any other woman , and hath oftentimes felt motions and provocations of the Flesh , rending to carnal copulation ; but for perpetuall and natural impediments he knoweth not what the words meaneth , but that he hath layen by the Lady Frances two or three years , and hath no motion to know her , and believeth he never shall . To the seventh , he believeth not that the said Lady Frances is a woman apt and fit for carnal copulation , because he hath not found it . To the eighth and nineth , he believeth them both to be true , and thinketh that once before some witnesses of credit , he did speak to this purpose , that he had oftentimes endeavoured carnally to know her , but that he did not nor could . The Lord Arch-bishop his Speech to his Majesty . IN as much as we firmly believe that the Scripture directly or by consequence doth contain in it ▪ sufficient matter to decide all controversies , especially in things appertaining to the Church , and that Marriage amongst Christians can be no lesse accompted then a sacred thing , as being instituted by God himself in Paradice , honoured by the presence of our Saviour himself , declared by St. Paul to be a signe of the spiritual conjunction between Christ and his Church . I would be glad to know by what Text of Scripture either by the Old or New Testament , a man may have a warrant to make a Nullity of a Marriage solemnly celebrated propter maleficium versus hanc : which I doe the rather ask , because I finde warrants expressely ( in the Scriptures ) to make a Nullity of marriage , propter frigiditatem , by the words of our Saviour , Matth. 9.12 . For there be some which are Chaste or Eunuches , which are so born of their Mothers belly , and there be some which are made chaste of men , and there be some which have made themselves chaste for the Kingdome of Heaven . I would also know gladly , what ancient Father amongst the Greeks or Latines , by occasion of interpretation of Scripture , or any disputation hath mentined maleficium versus hanc . The like I demand touching ancient Councels , either General or Provincial , and concerning Stories Ecclesiastical , whether any such matter be to be found in them . If ( for ought that appeareth ) never mention was made of this untill Hercanus Rhemesis Episcopus , who lived 400. years after Christ , it may well be conceived that this was a concomitant of darknesse and Popish superstition , which about that time grew to so great an height ( God permitting them ) that punishment might fall upon the Children of Unbelief . But since the light of the Gospel is now in so great a measure broken forth again , why should not I hope that those who have imbraced the Gospel should be free from this maleficium , especially , since amongst a million of men in our age , there is not one found in all our Country , who is clearly , and evidently known to be troubled with the same , and if there should be any , which should seem to be molested , we are taught to use two remedies , the one spiritual physick , the other external . For the first , our Saviour said , hoc genus demonirum non ejicitur nisi per orationem & Iejunium . And St. Peter speaking of the Devil , cui resistite firmi in side : and the Canonists themselves prescribe Alms , Fasting and Prayer , to be used in that case ; but that they joyn Supplication and their exorcismes thereunto : And for corporal medicine to be applyed there with , as against a disease . So is the Judgement of our late Divines , whether they speak of Maleficium or not . Now admit the Earle of Essex might be imagined to be troubled with maleficium versus hanc , I demand what Alms hath been given , what Fasting hath been used , and what Prayers have been poured forth to appease the wrath of God towards him or his wife ; or what Physick hath been taken or medicine applyed for three years together : Not one of those things , but the first hearing must be to pronounce a Nullity in the Marriage ; of which Declaration , we know the beginning , but no mortal mans wit can foresee the end , either in his person , or in the example . The Arch-bishop for Confirmation of this opinion shewed the testimony of Beza , Melancthon , Perillus , Hemingus , Pollanus , Feriterius , and Gautius . The Kings Answer . TO the first Article , That the Scripture doth directly or by consequence contain sufficient matter to decide all controversies , especially in things appertaining to the Church , this is in my opinion proposites , and one of the Puritans arguments , without a better distinction or explanation . For the Orthodox proposition is , that the Scripture doth directly or by consequence contain in it sufficient matter to decide all Controversies in points of Faith and Salvation ; of which sort a nullity of marriage cannot be accompted , and therefore your consequence upon the Proposition must faile . For satisfaction of your following Question , I say , your second question doth answer it : if there be warrant in Scripture for pronouncing a Nullity propter frigiditatem , then all the means which make him frigidus versus hanc , must be comprehended therein : for , why doth our Church justly condemn the Marriage of a man with his Sisters Daughter , or the marriage of two Sisters , but a paritate rationis , for none of them is in terminis prohibited by Scriptures , onely the construction is gathered a paritate rationis : for if it be not lawfull to marry your Fathers Wife , because thereby you discover your Fathers shame ; nor his Sister , because she is his Kinswoman ; nor your own Sister , because thereby you discover your Father and Mothers shame ; it can no more be lawfull to marry your Sisters Daughter , for thereby you discover also your own shame , as also the same reason serves for ascending or descending in points of Consanguinity , Quia par est ratio . The like is in this case : for although Christ spake onely of three sorts of Eunuches , yet ratio est quia non potest esse copulatio inter Eunuchum & muli●rum ; and therefore St. Paul in the 1. of Cor. v. 7. telleth us clearly , that it is not conjugium sine copulatione : I conclude therefore , à paritate rationis , that Christ did comprehend under these three sorts all inability , which doth perpetually hinder copulationem versus hanc : whether it be naturall or accidentall , for what difference is there between cutting off the hand , and being made impotent thereof ? Amputatio & mutilatio membri , is all one in the Civil law ; and it is a little defrauding of the woman , when either he who is to be her Husband is Gelded , or when the use of that member towards her is by any unlawfull means taken from him : neither is it any way needfull to crave the particular warrant of the Scripture for a Nullity , no more then of warrantie in that place for any Nullity at all : For Christ doth not directly say , that a marriage so married shall be Nullified , neither doth he teach us what form of Process shall be used , in that neither makes he mention of the triennial probation , no more then he forbiddeth marrying within the fourth degree without leave obtained of the Bishop of the Diocesse : It is then sufficient for all moderate examinants to be taught out of the Word of God , that marriage is nulla sine copula ; and that word , quos Deus conjunxit , is never found in Scripture where durant ius doth not proceed ( viz. ) they two shall be one flesh . But whether the impediments be universall , or versus hanc only , or whether the fault thereof hath been born with him , or done to him by violence , or fallen to him by disease , or disproportion or inaptitude betwixt the persons , or unnaturall practices , that is ever par ratio , he is Eunuchus versus hanc , & omnes alias , seeing to her onely was he married . Then paritate rationis , such nullities are grounded upon the foresaid warrantie of Scripture ; neither hath Christ any occasion to speak of Jews marrying , concerning maleficium versus hanc ; for although it be apparent that God made King Abimelech and his servants unable to abuse Sara Abrahams wife , and so was made by God himself Eunuchus versus hanc , and that be not improbable , that the Devil being Gods Ape , should imitate Gods works by his filthy Witch-craft by making such as God will permit unable versus hanc ; howbeit , it be very probable that it was long after that the Devil put that trick upon the earth . As for the third and fourth questions , what mention the Fathers and Councils doe make of maleficium versus hanc . I answer , that it may be ( if they were searched ) that either something to this purpose in them , or at least aliquid analogum , with à paritate rationis , or by consequence , may serve to decide the question . But leaving this to search , my main answer , is , that we must distinguish of times : for in all the first ages as long as persecution lay heavy upon the Church , & before the Empire Christian , the Church did not meddle with any thing which drew a consequence after it of possession or inheritance , as marriage doth . Nay , even divers hundred years after the Conversion of the Emperours , the judgement and disposition of all such questions did still remain in foro civili , untill the Popedome began to wax great , and to assume , or rather to usurpe to her self a supream and independant Judicature in all Ecclesiastical Causes ; and therefore the Fathers and the Councils had no occasion to make mention of that which was not prefori at that time . And besides , that is an evill argument to say such a thing is unlawfull , because the the Fathers and Councils make no mention of it : for you know much better then I , divers and many Points betwixt the Papists and us are never mentioned by the Fathers , because that they could never have dreamed that such questions would arise , and therefore are the Fathers exact onely in such questions , as were agitated upon the stage in their time , as de Trinitate , de Duabus in Christo naturis , and such like ; and therefore sufficient , that there can be nothing found which may justly be understood to contradict this opinion : and it is very probable ( J say ) before that , this trick of maleficium had not been put in practise in the world ; and therefore not known or mentioned by them . For why may not the Devil as well finde out new tricks of Witch-craft ( when God will permit him ) as he doth daily new Sects and Heresies ? for his malice can never end untill the end of times . To the fifth Argument my former question doth also serve , for till the four hundred year after God ( it may be ) that divellish trick came never to be discovered ; you know the old Proverb , Ex malis moribus bonae leges ; and it is not unlikely , that that time of darknesse gave the devil occasion to devise such new tricks , ( look my Demonologie ) and yet was that law for which you cite Ibircanus by Charles the Great , who in many great points ( as you know ) had so great light as I doe scarce tearm this time a time of blindnesse ; but how great soever that darknesse was in point of Superstition , I will still maintain as I have ever done , that for matter of order and policie , all the world shall never be able to finde out any so good , and so old an order of Government to be put in the place of that ; in signe whereof there is no well governed Common-wealth in the Christian world wherein the Common-law is not received to judge in questions of that nature . And it is certain that this question now in hand is onely a question of order and policie , for the ground of this question , that the essential point of Matrimony cannot be accomplished sine copula , is warranted by Scripture , and warranted by your self . To your sixth Argument , or rather hope , I fear that hope shal prove contrary to faith ; for as sure as God is , there be devils , and some devils must have some power , and their power is in this world , neither are the elect exempted from this power : Iob was not , St Paul was not ; Christ said to all his Disciples , Crebuerit vos Sathanas : and if the Devil hath any power , it is over their flesh ; and if over their flesh , rather over the filthiest and most sinful part thereof , whereunto Original sin is soldered . As God before , and under the Law , to shew officii altum of purging mans original sin , the praeputium of the foreskin . And to exempt these of our Profession from the power of Witchraft , is a Paradox never yet maintained by any learned or wise men . That the Devils power is not so universal against us , I freely confesse , but that it is utterly restrained , quoad nos , how was then a Minister of Geneva bewitched to death ? and were the Witches daily punished by our Law , if they can harm none but the Papists , we are too charitable for avenging them only . Sathan is permitted to punish man as well for the breach of the second , as of the first Table , and therefore are we no lesse guilty then the Papists are ; and if the power of Witchraft reach to our life , much more to a member not so governed by the fancy wherein the Devil hath his principal operation ; and he may so enstrange the Husbands affections towards the Wife , as he cannot be able to performe that duty unto her ; for that is a common thing in many mens natures , that they cannot doe that thing but where they love , nor fight but where they are angry : God keep us therefore from putting the trial of our Profession upon Miracles ; let the Miracle-mongers live by their owne Trade . To the seventh Argument touching Remedies , what doe you know whether both parties , or either of them , have used their meanes of remedy or not ? and that special remedy should be used publikly ? for then I can see no necessity , for non interest reipub. nec ecclesiae , and private persons are commanded to their fastings , and their Almes secretly and in private ; no such cure also is likely to succeed well , except the parties own hearts and desires be set thereupon . And as for your conclusion upon the incommoda , whether upon his person or the example , I can see none in either , so as to the couple between the marriage was never accomplished ; truly they will peradventure both of them by the Declaration of the Nullity be made capable to accompish Marriage with others , which they could never doe between themselves , wherein they may have the satisfaction of their hearts , and enjoy the blessing of Procreation of Children . And as for the Example , the Law should be fulfilled , with due administration of Justice , which cannot serve for an example or president of a counterfeit Nullity hereafter : authoritas facti , or rather non facti sed luce clarior in this case ; besides the many probations , and confessions of the parties which have been taken in this processe : whereas by the contrary if they shall be forcibly kept together , their names and shadows may be kept together , but never their persons or affections , and they still be forced to lie in perpetual scandal and misery , or both ; and what such a kinde of forced continencie may availe , the Monks continencie may teach us . And for a president in time to come , that reacheth no further then to open a way of lawful relief to any persons who shall chance to be distressed in that sort . And for the Legal Doubts , they concerne none of your calling ; for if your conscience be resolved in point of Divinity , that is your part to give your consent to Nullity , and let the Lawyers take the burden of making it so formal . And as for the Trienial probation , I hope no man can be so blinde as to make a doubt whether it be taken before or after the suit began . And in conclusion of divine solution of this question , proved clearly , that this resolution of this doubt , howsoever it was in blindnesse , as you think , that is now proved in the greatest time of light and purity of the profession of the Gospel : And for your extract upon the late Divines opinions upon this question , I cannot guesse what your intent was in sending them to me , for they all agree in tearms of my opinion ; but there is such a thing as Maleficium & maleficiale versus hanc : And your very enterlude passage proves the clearest ; and for that advice concerning the Remedies that is consilium non decretum , not imposing a necessity , but is to be used by discretion , as occasion shall serve or require it . To conclude then , if this may satisfie your doubts , I will end with our Saviours words to St Peter , Cum conversus fueris confirma sratres tuos ; for on my conscience , all the doubts that I have seen , are nothing but Nodos in scirpo quaerere . The Midwives appointed to make inspection upon the Ladies body , gave in , that the Lady of Essex is a woman apt to have copulation , to bring forth children , and that the said Lady is a Virgin and uncorrupted . Three Ladies affirme that they believe the same , for that they were present when the Midwives made their inspection , and did see them give good reasons for it . There is a sentence of Divorce given for the Nullity of the Marriage , and both parties married againe . The Commissioners that gave the Sentence . Bishops Winchester . Bishops Ely . Bishops Coventry and Liechfield . Bishops Rochester . Doctors Sr Iulius Caesar . Doctors Sr Thomas Parry . Doctors Sr Daniel Dunne . Commissioners dissenting . Bishops Arch. B. of Canterbury . Bishops Bishop of London . Doctors Sr Iohn Bennet . Doctors Fran. Iames . Doctors Tho. Edwards . The proceedings against Richard Weston , at his Arraingment at Guild-hall , Novem. 19. 1615. before the Lord Maior , the Lord Chief Iustice of England , and three other Iustices of the Kings Bench , Crook , Dodrige , and Hanton , and Serjeant Crew another of the Commissioners . THE Court being set , the Kings special Commission being read , the Lord Chiefe Justice gave the Charge ; the effect whereof was , First , to expresse the Kings pious inclination and command unto just proceedings against all such as should be any way proved to be guilty of the murthering and poysoning of Sr Tho. Overbury , his Majesties prisoner in the Tower . Secondly , to aggravate the manner , and quality of the murther , in shewing the basenesse of poysoning above all other kinds of murther ; declaring the vengeance of God , and his justice in punishing the offenders ; he alleadged Gen. 9.6 . Quicunque effunderit humanum sanguinem effundetur sanguis illius , ad Imaginem quippe factus esthomo : He also took the example of Vrias by David ; he therein observed how adultery is most often the begetter of that sin . Then he declared that of all Felonies , murther is the most horrible ; of all murthers , poysoning the most detestable ; and of all poysoning , the lingering poysoning . He shewed how by an Act of Parliament , 22. H. 8 , 9. it was made Treason , and that wilful poysoners should be boyled to death , rehearsing the example of one Richard Rouse that had poysoned a man and woman , and was therefore scalded to death . Then he laid open to the Jury the basenesse and cowardliness of poysoners , who attempt it secretly , against which there is no means of preservation or defence for a mans life ; and how rare it was to heare of poysoning in England , so detestable to our Nation , but that since the Devil hath taught divers to be so cunning in it , so that they can poyson in what distance of place they please by consuming the Nativum calidum , or humidum radicale , in one month , two or three , or more as they list , which they foure manner of wayes do execute , 1 Gustu . 2 Haustu . 3 Odore . 4 Contactu . He finisheth his charge with serious exhortations to the Jury to do justice in presenting the truth , notwithstanding the greatnesse of any that upon their evidence should appeare to be guilty of the same offence , comforting both Judge and Jury with the Scripture , Psal. 5.8 . fin . For thou Lord wilt blesse the righteous , with favour wilt thou comfort them as with a shield . The charge being ended , the Jury consisting of fourteen persons , did for the space of an houre depart from the Court into a private room , where they received their evidence from Mr. Fanshaw his Majesties Coroner , and his Highnesse Councel prepared and instructed for that purpose , with the examinations and confessions as well of the Prisoner himselfe , as of divers witnesses before that time taken by the Lord Chiefe Justice of England , and others of the Lords of his Majesties Councel . In the mean time Mr. William Goare Sheriffe of London , was commanded to fetch his Prisoner remaining in his house , to be ready in Court for his Arraignment : So a certaine space after , the Grand Jury returned to the Bar , and delivered in their Bill of Indictment , signed Billa vera ; whereupon the Prisoner was set up to the Bar , and the Indictment read by Mr. Fanshaw , which contained in effect : That Richard Weston being about the age of sixty yeares , not having the feare of God before his eyes , but instigated by the Devil , devised and contrived not only to bring upon the body of Sir Tho. Overb. great sicknesse and diseases , but also deprive him of his life : and to bring the same to passe , the ninth of May 1613. and in the eleventh yeare of his Majesties Reigne , at the Tower of London in the Parish of Alhallows Barking , did obtaine and get into his hands certaine poyson of green and yellow colour , called Rosacar ( knowing the same to be deadly poyson ) and the same did maliciously and feloniously compound and mingle with a kinde of Broth powred into a certaine dish , and the same Broth so infected , did give and deliver to the said Sr Th. Overb. as good and wholsome Broth , to the intent to kill and poyson the said Sr Tho. Overb. which Broath he took and did eat . Also the said Weston upon the first of Iuly , an. 11 Reigne aforesaid , did in like manner get another poyson or poysonous powder , called White-arsnick , and knowing the same to be deadly poyson , did give unto the said Sr Tho. Overb. as good and wholesome to eat , who in like manner took and eat the same . Also that Weston upon the said nineteenth of Iuly following , did get another poyson called Mercury sublimate , knowing the same to be mortal poyson , and put and mingled the same in Tarts and Jellies , and gave the same to the said Sr Tho. Overb. as good and wholesome to eat , which he in like manner took , and did eat . Also the said Weston , and another man unknown ( being an Apothecary ) afterwards upon the fourteenth of Decem. felloniously did get a poyson called Mercury sublimate , knowing the same to be deadly poyson , and ●ut the same into a Glister ; and the said Glister , the said Apothecary for the reward of 20 li. promised unto him , did put and administer as good and wholesome into the guts of the said Sr Thomas ; & that Weston was present and aiding to the said Apothecary in ministring & infusing the said Glister ; and immediately after Sr Th. did languish , and fell into diseases & distempers , and from the aforesaid times of taking and eating the said poysoned meats , and ministring the said Glister , he dyed . And so the Jury gave their verdict that Weston in this manner had killed , poysoned , and murthered the said Sr Tho. Overbury , against the Kings peace and dignity . Which Indictment being read , he was demanded if he were guilty of the Fellony , murthering and poysoning as aforesaid , yea , or no ? To which he answered , doubling his speech , Lord have mercy upon me ; Lord have mercy upon me . But being again demanded , he answered , Not guilty ; and being then demanded how he would be tryed , he answered . He referred himself to God , and would be tryed by God , refusing to put himselfe and his cause on the Jury or Country according to the Law and Custome . Hereupon the Lord Chiefe Justice , and all other in their order , spent the space of an houre in perswading him to put himselfe upon the trial of the Law , declaring unto him the danger and mischiefe he runnes into by resisting his ordinary course of triall , being the means ordained by God for his deliverance if he were innocent ; and how by this means he should make himselfe the authour of his owne death , even as if he should with a knife or dagger kill or stab himselfe ; exhorting him very earnestly either with repentance to confesse his fault , or else with humility and duty to submit himselfe to his ordinary trial ; whereupon he stubbornly answered , Welcome by the grace of God ; and he referred himself to God , and so no perswasions would prevail : The Lord Chiefe Justice plainly delivered his opinion , that he was perswaded that Weston had been dealt withall by some great ones ( guilty of the same fact ) as accessary , to stand mute , whereby they might escape their punishment ; and therefore he commanded ( for satisfaction of the world ) that the Queens Attorney there present should declare and set forth the whole evidence without any fear or partiality ; and yet notwithstanding , he once more used much perswasion to the Prisoner to consider what destruction he had brought upon himself by his contempt , and declared unto him his offence of contempt was in refusing his triall , and how the Laws of the Land had provided a sharp and more severe punishment to such offenders , then unto those that were guilty of high Treason , and so repeated the form of the Judgement given against such , the extremity and rigor whereof was expressed in these words ; Onore , frigore , & fame . For the first , that he was to receive his punishment by the Law , to be extended , and then to have weights laid upon him , no more then he was able to bear , which were by little and little to be increased . For the second , that he was to be exposed in an open place near to the prison in the open aire being naked . And lastly , that he was to be served with the coursest bread to be gotten , and water out of the next sink or puddle to the place of Execution ; and that day he had water , he should have no bread ; and that day he had bread , he should have no water : and in this torment he was to linger as long as nature could linger out ; so that oftentimes they lived in the extremity eight or nine dayes : adding further , that as life left him , so judgement should finde him ; and therefore he required him upon considerations of these reasons , to advise himself to plead to the Country , who notwithstanding absolutely refused . Hereupon the Lord Chiefe Justice willed Sr Lawrence Hide the Queens Attorney , and there of Counsel for the King , to manifest unto the audience the guiltinesse of the said Weston by his owne confession , signed with his owne hand ; and if in the declaration thereof they met with any great persons whatsoever ( as certainly there was great ones confederates in that fact ) he should boldly and faithfully open whatsoever was necessary , and he could prove against them ; whereupon Mr Attorney began his accusation . First , he charged the Countesse of Somerset and and the Earle to be principal movers of this unhappy conclusion , Mrs. Turner to be of the confederacie , and the pay-mistresse of the Poysoners rewards ; in which I could not but observe the Attornies boldnesse in tearming the Countesse a dead and rottten branch , which being lopt off , the whole Tree ( meaning that noble Family ) would prosper the better . Secondly , he proceeded to the cause , which he affirmed to be the malice of the Countesse , and the ground of this malice he alleadged , and by many inducements he evidently affirmed that Sr Tho. Over. had perswaded him from that adulterate marriage of the Countesse of Somerset then Countesse of Essex , and for this he alleadged as followeth . Sr Tho. Over. having divers times disswaded the Earle , then Viscount Rochester , from seeking by any means to procure marrying with the Countesse of Essex ( to which he saw the Earle too much inclined ) having very earnest conference with the Earle one night in private in the Gallery at White-hall concerning his intendments , perceiving the Earle that time too much to desire that unlawful conjunction ; in the ardency of his fervent affection unto the Earle , and great prescience of future misery it would inevitably bring unto him ( his wel-beloved Lord , and friend ) used speeches to this effect : Well my Lord , if you do marry that filthy base woman , you will utterly ruine your honour , and your selfe ; you shall never do it by mine advice or consent : and if you do , you had best look to stand fast . My Lord replyed ( bewitched with the love of the Countesse , and moved with the words of Sir Tho. Over. for sleighting her ) My owne legs are streight , and strong enough to bear me up ; but in faith , I will be even with you for this : and so parted from him in a great rage . This conference was over-heard by some in an adjoyning room , and their depositions for the truth thereof were read in Court . Although this conference moved the Earle to such a suddain choler , yet it seemed Sir Tho. Over. conceited it not to be otherwise then a suddain extream distemperature , or passion , and not a final conclusion of their bosome friendship ; in which the Earle seemed as reciprocal as before , howsoever in his double dealing it seemed to be clearly otherwise . For upon this the Earle moved the King to appoint Sir Tho. Over. to be Ambassadour for Russia : the King willing to prefer Sir Thomas , as one whose worth and valour was yet unknowne to his Majesty , accordingly injoyned him that service ; the which Sir Thomas was most willing to accept of as a gracious aspect of the King towards him : which willingnesse of his was proved by the depositions of two or three witnesses read in Court , and by the oath of Sir Dudly Diggs , who voluntarily at the arraignment , in open Court upon his oath witnessed how Sir Thomas had imparted to him his readinesse to be imployed in an Ambassage . The Earle as well abusing the Kings favours in moving to shew favour , wherein he meant the party should take no benefit , as bearing unhonest friendship in conference with Sir Thomas concerning that imployment , perswaded him to refuse to serve Ambassadour , whereby ( quoth he ) I shall not be able to performe such kindnesse to your advantage , as having you with me ; and ( quoth he ) if you be blamed or committed for it , care not , I will quickly free you from all harme : Sir Thomas thus betrayed by a friend , refused to serve in that nature , whereupon by just equity he was committed to the Tower . Being thus committed , he was presently committed close prisoner , and a Keeper he must have , and who must that be but this Weston , who was commended by the Countesse of Essex to Sir Thomas Monson to be by him commended over unto the Lieutenant of the Tower to be Keeper to Sir Tho. Over. Sir Tho. Monson according to the Countesses request , commended the said Weston to Sir Iervas Elvis : whereupon the Lieutenant entertained the said Weston , and appointed him to be Keeper to Sir Th. Overb. The said Weston upon his own confession read in Court , signed with his mark , had during the time that she was Countesse of Essex , been a procurer and a Pander to the said Earle Viscount Rochester , and the said Countesse of Essex , for the convening and effecting of their adulterate desires , which they did divers times consummate , meeting in Mrs. Turners house once between the houres of eleven and twelve at Hamersmith , and divers times elsewhere for that purpose : so that now by the procurement of the said Countess ( who hated Sir T. Overb. for being a means to keep them from contaminating themselves with such lustful imbracements , and from the proposed Marriage they mutually laboured to compass ) Her Pander was become his Keeper , a fit Agent for Lust and Murther . Weston now being become Sir Tho. Overb. Keeper , kept him so close , that he could scarce have the comfort of the dayes brightness , neither suffered he any one to visit him , father , brother , his best friends , his neerest kindred were strangers to him from the beginning of the imprisonment unto the end . Mrs. Turner , upon the first dayes keeping , promised him a contented reward if he would administer such things to Sir Tho. Overb. as should be sent unto him , thinking him a fit instrument to compass black murther , that was so well acquainted with foul lust ( and so indeed they found him , ) for he agreed , and did promise to administer whatsoever she would send him . Mrs. Turner upon this murtherous promise , the very same day Weston became Sir Tho. Keeper , being 6. May , 1613. sent unto him the said Weston certain yellow poyson called Rosacar , in a viall ; Weston having received that poyson the foresaid 6. May , at night bringing Sir Tho. Overb. supper in one hand , and the vial in the other , meets with the Lieutenant , and asks him in these terms , Sir , shall I give it him now ; upon this word now my Lord Chief Justice demurs to aggravate the maliciousness , affirming that this particle now shewed a resolution to poyson him , onely fit time and circumstances were to be respected by him . What shall you give him ? replyes the Lieutenant . VVeston replyes , As if you do not know Sir . The Lieutenant blaming him , he carries the poyson into an inner room , which Weston did administer to Sir Tho. Overb. the 9. May in broth : this was proved both by Weston and the Lieutenants Confession . Weston having given this poyson , which wrought very vehemently with him by vomits , and extream purging , he presently demands his reward of Mrs. Turner , who replies , The man is not yet dead , perfect your work , and you shall have your hire . This was confessed by Weston under his mark . Sir Tho. Overb. by his close imprisonment and poyson , growing sick , and daily languishing , after three or four weeks space considering he had not obtained his freedome and release , having no friends suffered to come unto him , but onely such as the Earl sent to comfort him ( of his own followers ) wrote to the Earl to remember his imprisonment , who returned answer , The time would not suffer , but assoon as possible it might be he would hasten his delivery ( so indeed it seems he intended to do ) but not so as Sir Tho. Overb. conceived , whose true affection would not admit his judgement to debate the strangeness of his imprisonment , which he might well think then the Earl might easily have relieved . On the 5. of Iune Viscount Rochester sent a Letter to Sir Tho. Overb. in the Letter he sent him a white powder , willing Sir Tho. to take it , It will ( quoth he ) make you more sick , but fear not , I will make this a means for your delivery , and for the recovery of your health : Sir Tho. never dreaming of base treachery , but conceiving of it as friendly policy , received the said powder , which wrought upon him most vehemently , whereupon his sickness grew more violent , and his languishment encreased : which white powder upon Westons confession was poyson . Sir Tho. Overb. his sickness encreasing , and with it his wondring that he could not in two months be released after his Physick taken , he thus wrote to the Earl , lamenting his own estate , and taxing the Earl of his forgetfulness of his weak estate ; for his faith being thus shaken with the Earls unkindness , gave way for his judgement to scan those actions , rather like an understanding man , then a loving friend , as appeareth by his Letter sent to Rochester , the effect whereof was thus , as is averred by the depositions of Sir Tho. Overb. servants , who saw the Letter . Sir , I wonder you have not yet found means to effect my delivery : but I remember you said you would be even with me ( not suspecting , as it seemeth , any poysoning , but an unkind forgetfulness of my Lord of Rochester ) and so you are indeed ; but assure your self my Lord , if you do not release me , but suffer me me thus to dye , my blood will be required at your hands ▪ My Lord comforts him , and excuses , that it cannot yet be compassed . Sir Tho. after the powder taken languished deadly , and to comfort him some followers of my Lord of Rochester are sent to him daily , in the name of my Lord , by the appointment and procurement of the Lady Essex ( as VVeston confessed ) to visit , and comfort him , and intreat him , if he desired any meats , he should speak , and it might better ( perhaps be provided for him then he should have any from the Tower . This was three moneths after his imprisonment . He , as men sick , desired luscious meats , Tarts and Jellies , which were provided by Mrs. Turner with the knowledge of the said Countess , and sent unto him , of which he did eat , the which Tarts were poysoned with Mercury sublimate , not being so well coloured as other Tarts are ; and VVeston confessed , that he was straightly charged not to taste thereof . Sir Tho. thus continuing languishing and consuming with the extremity of sickness untill 6. Septemb. then the aforesaid Mrs. Turner did procure an Apothecaries boy for 20. l. to poyson a Glyster , which was by the boy and VVeston afterwards administred as good Physick upon 7. Octob. After the receipt of the Glyster , he fell into great extremity of vomiting and other purging , which left him not till it caused his soul to leave his poysoned body . This VVeston confessed and signed . Being thus dead , he was presently and very unreverendly buried in a pit digged in a very mean place . On his body thus venomously infected appeared divers blains and blisters , whereupon they to take away as well his good name as his life , did slanderously report that he dyed of the French Pox ; but this report was cleared in Court by the depositions of his servants and other men of worth there read , that before his imprisonment he was a clear and sound body , only he had an Issue in his left arm purposely made for the benefit of his nature , for the avoiding of Rhume and ill humours , which with continual sitting at his study he had subjected himself unto . He further observed the confession of the Lieutenant to be , that if any prisoner dyed there , his body is to be viewed , and inquisition to be taken by the Coroner . But Sir Tho. Overb. friends and others might by no means be suffered to see his body , although it was reported that there was Inquisition taken , yet it could by no means be found . After Mr. Attorney had ended his speech , Mr. Warr also of Counsel for the King , declared to the Court what familiarity he had with Sir Tho. being both of the Temple together , much commending his singular honest and vertuous conversation , affirming that he was addicted to no dishonest actions ; and from this he proceeded to urge his hard usage in the Tower , where he might have no company but the Apothecary and a Walloon , and repeating the sending of the Tarts and Jellies in my Lord of Somersets name , and ending his speech with this saying , Pereat unus ne pereant omnes ; pereat peccans , ne pereat Respub. Then by the commandment of the Court were read by Mr. Fanshaw the examination of divers witnesses taken before the Lord Chief Justice and others , which in effect was as followeth . Lawr. Davis servant to Sir Tho. Overbury examined 15. Octob. 1615. before the Lord Chief Iustice . HE said , that he had served Sir Tho. Overb. eight or nine years , in all which time he was very healthful , and never kept his bed for any sickness , only he was troubled sometimes with the Spleen , for ease whereof he had by the advice of his Physician an Issue made in his left arm , but before his imprisonment he had no sores , blisters , or other defects in his body . Also he saith , Sir Tho. would have gone over upon the Embassage , but was disswaded by Somerset , who promised to bear him out . He complained , he needed not to be a prisoner , if Somerset would ; and if he dyed his blood should be required at his hands : That Somerset was as good as his word , who told him at Newmarket he would be even with Sir Tho. Overb. Henry Payston another servant of Sir Tho. Overb. examined , 15. Octob - 1615. HE affirmeth , that Sir Tho. was of a very good constitution of body ; that he used sometimes to run , to play at Foiles , and such like ; that he was of a moderate diet , never had any sores saving the said Issue in his arm ; that Sir Tho. wrote Letters to Somerset , signifying he needed not to lye in prison if Somerset would , and if he dyed , his blood should be required at his hands ; also that Sir Tho. at one of the clock at night meeting Somerset in the Gallery at VVhite-Hall , had speeches with him touching the Countess , whom he called base woman , and told Somerset he would overthrow all the Kings favours and honours : and upon displeasure between them at this conference , Sir Tho. desired Somerset he might have his portion due , and he would shift for himself , whereunto Somerset answered , And my legs are strong enough to carry me , and so flung away in an anger ; all which this examinant heard , being in a chamber next to the Gallery . Sir Dudly Diggs being present in Court , and sworn , declared Viva voce , that he was sent by a Privy-Councellor a great man to Sir Tho. Overb. to bring him to this great man , which he did , and coming back together over the water in a Boat , Sir Tho. was much discontented , the reason whereof he said was , that he was perswaded by the great man to withdraw himself from the Court for some reasons which he disclosed ; not and Sir Dudly being sent afterwards by the Lords to know the resolution of Sir Tho. touching the Embassage , he found him to rely upon my Lord of Somerset , saying , My precious Chief knows the Kings mind better then any , and I the mind of my precious Chief . Richard Weston the Prisoner 6. Octob. coram Cook & Crew . HE affirmeth , that before Sir Tho. was in the Tower , he this examinant carried three Letters to Somerset for the Lady Essex , to Royston , Newmarket , and Hampton-Court , and he delivered answer to Mrs. Turner , and that upon the Letter to Hampton-Court he had answer by word of mouth , only that his Lordship would come ; and that coming back he met with the Countess and Mrs. Turner half way , in the Coach , whom he told that the Lord onely answered so , whereupon the Countess strook out of the way into a Farmers house hard by , whither within a little space Somerset came ; and that afterwards they met in the night at Mrs. Turners house in Pater-noster-row ; and he confesseth , that of a year before Sir Tho. his imprisonment no man carried Letters between them but he . Sir Tho. Monson , 5. Octob. coram Cook & Crew . HE saith , that he never knew VVeston until Sir Tho. Overb. was prisoner in the Tower , and that he preferred him to the Lieutenant to be Keeper to Sir Tho. Overb. at the request of the Countess . Anne Turner widow examined 11 Octob. 1615. coram Cook . SHe saith that Weston was an ancient servant , and her husbands Bayliffe in the Country : she denieth to have any thing to doe in placing him in the Tower ; but saith the Countesse of Essex did effect it , and used the helpe of Sir Tho. Monson therein . Sir Jervas Elvis examined 3. Octob. 1615. coram Cook & Crew . HE saith , that he had a letter from Sir Tho. Monson , requesting him that Weston might be Keeper to Sir Tho. Overb. and that he did performe it ; and afterwards having conference with Sir Tho. Monson , told him that his Keeper was not to suffer any letters or tokens to be delivered to him . Richard Weston the prisoner examined againe . HE confesseth he shewed the Glasse that was delivered him by his son from the Countesse , to the Lieutenant , and told him it came from the Countesse of Essex , and that he perswaded him not to give it to Sir Tho. Overb. and saith he had divers Tarts from the Countesse to give to Sr Thomas , with Caveats that himself should not taste of them , and confesseth he thought they were poysoned . He saith Mrs. Turner appointed him to come to White-hall , and that she dealt with him to give Sir Tho. Overb. the water , and told him he should not drinke thereof , and promised him a great reward , and he suspected it was poyson ; his son afterwards delivered him the glasse which he shewed to the Lieutenant , who rebuked him ; and so he set the glasse in a study near to Sir Thomas his chamber , but gave it him not , although he told Mrs. Turner the next day he had given the water , which made Sir Thomas to vomit aften , and to be exceeding sicke . He saith Mr. Iames , and Mr. Rawlings , servants to the Countesse , came often to know of this Examinant how Sir Thomas did , and what he would eat , and they delivered him Jelly and Tarts , which he gave to Sir Thomas who did eat thereof . He saith he demanded of Mrs. Turner his reward , who answered , he was not to have his reward untill Sir Thomas was dead , and that he was promised a Pursevants place , but confesseth that afterwards at two severall times he received secretly after the death of Sir Thomas for a reward by Mrs. Turner , from the Countesse , 180 li . William Weston , son to the prisoner examined . HE confesseth he received a Glasse from the Countesse by her servants two inches long , being wrapped in a paper , which he delivered to his father in the Tower . Then was read the confession of the Lieutenant to the King , that Weston met him , carrying Sir Thomas's supper in one hand , and the glasse in the other , and demanded of the Lieutenant thus ; Sir , shall I give it him now ? whereat the Lieutenant stepped to him , and asked him what ? to which Weston said , why , know you not what is to be done ? and so the Lieutenant having made him to confesse the matter , disswaded him , and he seemed to be resolute not to do it ; and afterwards this Weston confessed to the Lieutenant an Apothecary had twenty pound for ministring a Glister to Sir Tho. Overbury . Weston the prisoner examined before the Lord Zouch , and others . COnfesseth , that Sir Thomas had a Glyster which gave him sixty stools and vomits : also being confronted with the writings of Sir Ier. Elvis , and charged therewith , confesseth the same to be true . Simon Marson Musitian examined . SAith he served Sir Tho. Monson six years , and was preferred by him to the Kings service , but waited sometimes upon Sir Thomas Monson : he saith he received divers Tarts and Jellies from the Countesse of Essex , to be carried to the Lieutenant of the Tower for Sir Tho. Over. Paul de la Bell examined . SAith , that the third of Iuly , he made Sir Tho. Over. a Bath by Dr. Michams advice to coole his body , and he saw his body exceeding fair and clear ; and again , he saw his body ( being dead ) full of Blisters , and so consumed away as he never saw the like body . Giles Rawlings a kinsman of Sir Thomas Overbury examined . SAith , upon the bruit of the murther of Sir Tho. he was taxed by some why he made no prosecution ; he thereupon made a Petition , and delivered it to the King , that the examination of the cause might be referred to the judgement of the Law , and denieth that he was perswaded by any to the contrary . He saith , that he comming often to the Tower to see Sir Thomas , could not be suffered to see him so much as out of the windows , and Weston told him it was the commands of the Councel , and the Lieutenant . The Lieutenant of the Tower examined . HE saith , that after the death of Sir Thomas , VVeston came to him and told him , he was much neglected and sleighted by the Countesse , and could receive no reward ; but afterwards he confessed he had received a hundred pounds , and should receive more : and the Lieutenant also saith , that Sir Thomas was very angry with his Apothecarie at certain Vomits which he had ; and also that the Tarts and Jellies which he had , would be found within a day or two standing ill coloured ; and that no body did eat thereof but Sir Thomas : and VVeston confessed to him that an Apothecarie had twenty pounds for ministring the Glyster . These examinations being read and applied to the purpose , the Lord Chief Justice said he would discharge his duty first to God , in giving all glory for the bringing to light of so horrible and wicked a fact ; and next to the King ( his great Master ) who as in case of the like nature , in the case of Zanq . and Turner , so specially in this case hath given given streight charge of due and just examination to be had without any partiality or fear of the world ; to the intent as well the innocent might be free , as the nocent and guilty severely punished . And for this purpose , his Majesty had with his owne hand written two sheets of paper on both sides , concerning Justice to be administred to all persons which were to be examined ; which writing the Lord Chief Justice shewed to the Lord Maior , and the rest of the Commissioners : and then he declared the Kings justice , who albeit the many favours and honors which his Majesty had bestowed upon the Lord of Sommerset , and his nearnesse to his person by reason of his office ; yet he had committed him prisoner to the Dean of Westminster under the custody of Sr Oliver , & Sr Iohn ; and also had committed his Lady : so having last of all demanded again of the prisoner , if he would put himself to be tried by the Country , which he refused ; the Court was adjourned untill Munday following at two of the clock in the afternoon . The second Arraignment of Richard Weston . ON Munday the 23 Oct. 1615. to which day the Court was adjourned by the said Commission ; afer Proclamation made , the Jury of life and death called the prisoner , VVeston was set to the Bar , and Mr Fanshaw Clerk of the Crown , declared to him that he had been formerly arraigned , and pleaded not guilty : so he demanded of him how he would be tryed ? whereunto the prisoner answered , by God and his Country ; and thereupon the Jury being sworn , the Indictment being read , as before , Sir Lawr. Hide the Queens Attorney , being of the Councel for the King , having briefly rehearsed the effect of the Indictment , shewed how that he must necessarily mention others that were guilty of the same fact , wherein if any other man were touched , their cause it was , and not he that touched them . And therefore VVeston being but a stranger to Sir Tho Overbury , and one who by himself could reap no benefit by his death , it was against all reason he would do it himself , therefore ( said he ) I must needs open the whole plot ; and having first declared the worth and honesty of Sir Tho. Overb. shewed his familiarity with the Lord of Rochester , and how he often willed him to forbear the company of the Lady Essex , tearming her a vile and base woman , which stirred up the anger and malice of the Countesse against him . And afterwards the King intended for the honour and preferment of Sir Tho. Overb. to send him upon an Ambassage ; whereunto he was willing , but was dealt with , and perswaded by Rochester to disobey the Kings direction and counsel , with promises that he would bear him out ; upon which contempt Sir Thomas was committed to the Tower 22 April 1613. Sir William Wade heing Lieutenant of the Tower ; and the 6. of May following , Sir William was removed , and Sir Ier. Elvis put in his place . And the very next day after , Weston by the procurement of the Countesse , was preferred to the service of the Lieutenant , and to be Keeper of Sir Tho. Overb. which Weston had been servant to Mrs. Turner , and the onely agent in conveying letters and messages between Roch. and the Countesse ; and he whose office should have been to save and keep , was now appointed to kill and murther him . He shewed how the very same day of his entertainment at the Tower , he was sent for to the Countesse , who promised him that if he would give Sir Thomas a Water that should be delivered to him , he should be well rewarded ; and she bad him not taste of it himself . And that the ninth or May aforesaid , the said water was secretly sent from the Countesse to Weston by his son ; and the same night Weston meeting the Lieutenant , with Sir Thomas's supper in one hand , and the Glasse in the other , he demanded of him , Sir , shall I give it him now ? whereupon the Lieutenant took him aside , and disswaded him so far forth , that he confessed he thanked God on his knees that he had met with him : But Mr. Attorney observed this notwithstanding , that the Lieutenant did let him go away with the poyson ; and albeit he now denyeth he ever gave the poyson , yet said he did deliver it : He confesseth to Mrs. Turner he had done it , saying , It made him very sick , and to vomit often , demanding of her his reward ; she answered ; he was not to have it till Sir Tho. was dead . Then he shewed , 30. Iune following a certain powder was sent in a Letter to Sir Tho. from Roch. perswading him not to fear , though it made him sick , for that should be his reason to move the King for his enlargement . And that the 14 Septemb. Weston and the Apothecary ministred the Glyster to Sir Tho. which gave him 60. stools and vomits , and that he dyed the next day , remembring the botches and blisters on his body being dead . He shewed how Weston came to Mrs. Turner for his reward , which was deferied till his death ; and that he had received in secret from the Countess by Mrs. Turner at several times for his reward 180. l. and that the Apothecary had for his reward 20. l. all which Weston had confessed to be true . Then remembring how ignominiously they buried him , not suffering any to see him for fear he should be digged up again , and without any Coroners inquest that should be found : And thus he ended his speech . And all this opened and set forth by Mr. Attorney , Mr. VVar onely added thus much , which he desired the Jury to consider , that VVeston was servant to Mrs. Turner when Sir Tho. was committed , and then he was entertained and made Keeper to Sir Tho. and having dispatched his business , Sir Tho. being dead and poysoned , he stayes no longer at the Tower , but returns again to his Mrs. Turner . Then the Lord chief Justice exhorted the Jury to take God before their eyes , with equall balance to weigh as well the answer of the prisoner as the proofs and examinations against him , declaring unto them how quietly and freely he had examined him without any menacing , or threatning , or rough usage , which the prisoner confessed ; and my Lord , for matter of Law , satisfied the Jury , that albeit in the Indictment it be said to be Rosacar , white Arsnick , Mercury sublimate , yet Jury were not to expect so precise proof in that point , shewing how impossible it were to convict a poysoner , who useth not to take any witnesses to the composing of this slibber sauces ; wherefore he declares the Law in the like case , as if a man be indicted for murthering a man with a dagger , and it fall out upon evidence to have been done with a sword , or with a Rapier , or with neither , but with a staffe ; in this case the instrument skilleth not , so that the Jury finde the murther ; and so in the Prisoners case , if they would be satisfied of the poysoning , it skilleth not with what , therefore he required them to attend the proofes . Then were read first the Examinations of Lawr. Davis as at the first Arraignment , then of Henry Payton , both servants to Sir Tho. then of VVeston himself formerly read ; the examination of Sir David VVood taken the 21. Octob. 1615. since the first Arraignment . He saith he had obtained the Kings consent to a suit , for which he was a Petitioner , and that he was crossed by Roch. and Sir Tho. Overb. that for certain words he had received from Sir Tho. he intended to bastinado him ; that his suit would have been worth 2200. l. and that Roch. would not let it pass unless he might have 1200. l. That the Lady Essex sent for this examinant upon the day that the King and Queen went to Roches● . with the Lady Eliz. and told him she understood he had received much wrong from Sir Tho. Overb. and that he was a Gent. that could revenge himself , and that Sir Tho. had much wronged her ; and Sir David answered , that Sir Tho. had refused him the Field ; she perswaded him to kill him , and promised him for his reward — and protection from his enemies , which he refused , saying , He would be loth to hazard going to Tyborn upon a womans word ; but she still perswaded him he might easily do it , as he returned late home from Sir Charles VVilmots in his Coach . Then were read the Examinations of Sir Tho. Monson and Mrs. Turner , as at the first Arraignment . NExt , the Examination of VVeston before the Lord Zouch , Sir Ralph VVinwood , Sir Tho. Parry , and Sir Foulk Grevill , at the Dutchy house 21. Septemb. 1615. where Weston did confess he was preferred to the keeping of Sir Tho. Overbury by Mrs. Turner upon the means and request of Sir Tho. Monson to the Lieutenant , and that she told him he should be well rewarded : and being confronted with a relation in writing which Sir Ier. Elvis had made to the King , as touching Sir Tho. Overbury , he confessed the same to be true . The Examination of the Lieutenant , taken 5. Octob. 1615. HE saith , that having conferred with his servants about the time of Westons coming to the Tower , he found it to be the very next day after he was made Lieutenant , and had possession of the Tower , and that he had Letters from Sir Tho. Monson that Weston might be Keeper to Sir Tho. Overb. which Letters he hath lost ; and Sir Tho. Monson told him the chief purpose of Westons keeping Sir Tho. Overb. was to suffer no Letters or other message to pass to or from , and to that purpose he advised the Lieutenant . Westons Examination , 5. of October , 1615. HE confesseth , that the next day he was preferred to the Tower , he had the keeping of Sir Tho. Overb. and soon after he received the glass by his son secretly from the Countess , and that the Lieutenant told him all the Tarts came likewise from her ; and he confesseth , that the Countess willed him to give them to Sir Tho. but not to taste of them himself . Weston examined , 1. Octob. 1615. COnfesseth , that Mrs. Turn . appointed him to come to White-Hall to the Countess the next day that he was at the Tower , and that he went , and that the Countess did request him to give Sir Tho. Overb. what she should deliver him , but not to drink of it himself ; she promised to give him a good reward , and he suspected it was poyson , and he received the glass by his son , and told the Lieutenant of it , who did rebuke him ; and he set the Glass in a little study . He confesseth he told Mrs. Turner he had given it him , and demanded his reward . That Mr. Iames and Mr. Rawl . my Lord of Somersets men came often to know of him what Tarts , Jellies , or Wine Sir Tho. would have , and they brought divers times Tarts and Jellies , whereof he did eat . The Confession of the Lieutenant to his Majesty . Your Majesties servant Sir Jervas Elvis . AFter Weston was placed in the Tower , he met with me with Sir Tho. supper and the glass , and asked me , Sir Shall I give it him now ? wherein I protest unto your Majesty my ignorance , as I would also be glad to protest the same to the world ; so I privately conferred with Weston , and by this means made him assured unto me , and knew all , but disswaded ; and as Weston hath since the death of Sir Tho. confessed unto me , that the Glyster was his overthrow , and the Apothecary had 20. l. for administring it . Here the Lord Chief Justice observed by this question of Weston to the Lieutenant , Sir shall I give it him now ? that it was presently agreed and plotted before what should be done , and that nothing more was doubted on , but the time when it should be done . The testimony of Lawrence Davis , taken upon Oath before Cook and Crew . HE affirmeth that Weston delivered him a Letter from Sir Tho. Overb. to Roch. the effect whereof was , that he would do his endeavor in being a means of friendship between Roch. and some others , but as touching the Marriage with the Countess of Essex , he would never give his consent : and also bringing a Letter from Roch ▪ to Sir Tho. Monson , he delivered it to Weston , and a paper of white powder fell out , which Roch. perswaded Sir Tho. Overb. to eate , and not to fear , though it made him sick , for that should be a means for his enlargement , so they put the powder into the Letter again : He saith , he saw some part of the powder in Westons hand after the death of Sir Tho. Overbury . The Examination of Simon Weston and Paul de la Bel as at the first Arraignment , and Giles Rawlings Esquire , 15. Octob. 1615. SAith , that upon the bruit of poysoning of Sir Tho. Overb. being taxed of divers for that he stirred not in the matter , Sir Tho. being his kinsman , and means of his preferment , he did of himself prefer a Petition to the King , that the cause might be referred to the Judges of the Law for ordinary course of Justice , rather then to the Lords of the Councel , by them to be examined ; of which he had a gracious Answer , and saith , that of 14. dayes before the death of Sir Tho. he could never be suffered to see him either in his chamber , or out of the window , which Weston said was the commandment of the Lords and the Lieutenant . And here the Lord Chief Justice observed what a scandal they put upon his Majesty and the State , that a Gentleman and a Free-man being onely committed upon contempt , should more straightly and closely be kept then a Traytor or Bondslave , so that neither his father , brother , or friend might possibly see him : and to that point Mr. Overbury , father to Sir Tho. sware , being present in Court , who said that his son being prisoner in the Tower , and himself not being suffered to have access unto him , he found at last that Roch. was the man that withstood it . The Lieutenants Examination , the 5. of October . SAith , that after the death of Sir Tho. Overb. Weston told him that he was neglected by the Countess , and demanding his reward , Mrs. Turner told him the Countess had no money ; but afterwards he confessed he had received some , and should receive more . That Mr. Iames told him , Somerset would reward him for the pains he took with Sir Tho. He saith the Tarts were sent from the Countess to Sir Tho. which looked ill-favouredly , and the Jellies with a little standing would be furred , and thinketh they were poysoned . Also VVeston told him that the Apothecary had 20. l. for giving the Glyster , and that he was poysoned with the Glyster . Hence was observed as well by the Court as the Queens Attorney , that VVeston was not single in his Confession ; but whensoever he had confessed any thing in any of his Examinations , it was likewise confirmed by the Examination of others , as the Lieutenant and his son . The Examination of William Goare , one of the Sheriffes of London . SAith Weston being in his custody , he often perswaded him to put himself to be tryed by his Country , Weston telling him he would first kill himself , and ask God forgiveness afterwards : and said , he hoped they would not make a Net to catch little birds , and let the great ones go . Then Mr. War craving leave of the Court to speak , pro●●●●● conscience he never found a business prosecuted so by degrees , which were the ground of Sir Tho. his overthrow ; he urged the evidence in the examination of Sir David VVood , and shewed the reasons of the malice against him to be , for that he was so great an impediment to affections : then he made the dependency Mrs. Turner had to the Lady , and Weston to Mrs. Turner , and how they all concluded to kill Sir Tho. Overbury ; the like whereof ( he said ) our Fathers never saw before us : and he lamented much the place from whence the poyson came should be from the Court , the place ( said he ) from whence all men expected their safeties and protection . Lastly , he observed the finger of God even in this , that the poyson had scarcely been suspected at all , or enquired after , had it not been for the extraordinary strange things appearing after his death ; which was the first onely cause of suspicion and muttering . The evidence being given , VVeston was demanded what he could say for himself , who although he had before confessed all his examinations to be true , yet he seemed to excuse himself in a kinde of ignorance or unawares ; he said he received the Glasse , and thought it was not good , but denied the giving of it to Sir Thomas : being demanded why he accused one Franklin for delivering to him the said Glasse from the Countess ( from whom it was sent ) he confessed indeed it was to save his childe : And finally , could say nothing that had any colour of material or substantial point to excuse or argue innocency in him ; so the Court referred him to the Jury , who went together , and within short space returned , being agreed upon their verdict , and there at the Bar gave in , that VVeston was guilty of the fellonies of murthering and poysoning of Sir Tho. Overbury ; and then the Clark of the Crown demanded of him what he could say for himself , why Judgement should not be pronounced against him according to the Law . To which he answered , he referred himself to my Lord and the Country ; and then the Lord Chief Justice before he pronounced sentence of death , spake to this effect , That for the duty of the place he must say somewhat , and that to two several parties ; first , to the auditory ; secondly , to the prisoner ; and that which he spake to the auditory , he divided into four parts , viz. 1 The manifestation of the glory of God , and honour of the King . 2 The preventing of other damned crimes of poysoning . 3 Answer to certain objections . 4 That there is no practice of conspiracie in prosecution of the business . 1 For the first , he observed the finger of God in the manifestation , and bringing to light of this matter , having slept two years , being shadowed with Greatness , which cannot overcome the cry of the people ; he observed also the providence and goodness of God to put into the hearts of himself , & the rest of the Judges the day of the last Arraigning , when the prisoner stood mute , not to give judgement against him for that time , but deferred it till now ; and how in the mean time , it pleased his Majesty out of his gracious care and pity , to send to the prisoner , first the Bishop of London , next the Bishop of Ely , to admonish and perswade him for the saving of his soul , who after each of them had spent two hours with him , and when all the means of man not prevailing with him , it pleased God ( when they had left him ) to move his heart so , that now he did put himself to be tryed by his Country ; by which means , using VVestons own words , he said , the greatest Flies shall not escape , but receive their punishment . For conclusion of this first point , he lastly observed , Divinum quiddam in vulgi opinione , for that so many uncertain rumours touching this case , at last proved to be true . Secondly , he declared how for previntion of this damned crime of poysoning , Justice was the golden mean ; and declared his Majesties resolution strictly to execute justice for that Treason , and he used this saying , Nemo prudens , &c. and desired God that this president of Overburies might be an example , and terrour against this horrible crime ; and therefore it might be called the great Oyer of Poysoning . Thirdly ; he said that at the Arraignment were certain Critiques who had given out , the prisoner should deny his Examinations , and found so much fault for that the Examinations were read , the prisoner standing mute : but for the first , how untrue it was , all the world saw , the prisoner here confessing them all being read and shewed unto him . And for the second , besides that it was exceeding discreet and convenient , the world should receive some satisfaction in a cause of that nature , he cited and shewed what by the Laws of the Land they ought and were bound to do , notwithstanding the greatness of any that might thereby be impeached , of whom he said , although this was Vnicum crimen , yet it was not unicus crimon . Fourthly , as touching the supposed practice or conspiracie , he solemnly protested to God he knew none , nor of any semblance or colour thereof ; and therefore he much inveighed against the baseness and unworthiness of such as went about so untruly and wickedly to slander the course of Justice : and so he came last of all to that which he had to speak of Weston the prisoner . First , touching the wickedness of the fact , he very seriously exhorted him to an unfeined confession and contrition for the same ; declaring unto him how that his confession would be a satisfaction to God and the world , if by faith and true repentance he would lay hold upon the merits of his Saviour . He perswaded him that no vain hope , ( which is a witch ) should keep him back from giving satisfaction to the world , by discovering the Great ones ; assuring him that after this life , as death left him , so judgement should finde him . And lastly , taking occasion there to remember this poysoning to have been a Popish trick , which he instanced by the example of Gurnandus di Birlanus mentioned 22 Ed. 1. Squire , that attempted to poyson Queen Elizabeths Saddle ; Lopez , and Mrs. Turner : and proceeded to give Judgement , which was , That the prisoner should be carried from thence to the place whence he came , and from thence to Tiburn , there to be hanged by the neck till he were dead . Justice being given , the Lord Chiefe Justice commanded that the prisoner might have convenient respect , and the company of some godly learned men to instruct him for his souls health . The Arraignment of Anne Turner a widow , at the Kings Bench Bar at Westminster , 7. Novem. 1615. THe Indictment whereupon Richard Weston took his tryall , being repeated verbatim ; she was Indicted for comforting , aiding , and assisting the said Weston in the poysoning to death of Sir Thomas Overbury ; to which she pleaded not guilty , putting her self upon God and the Country : whereupon a very sufficient Jury of two Knights , and the rest Esquires and Free-holders of Middle sex were sworn and impannelled ; for the triall whereof , Sir Tho. Fouler was Fore-man . The Lord Chiefe Justice told her , that women must be covered in Church , and not when they are Arraigned , and so caused her to put off her Hat ; which done , she covered her hair with her handkerchiffe , being before dressed in her hair , and her Hat over it . Sir Lawr. Hide the Queens Attorney , opened the matter much to the effect as he did at Westons Arraignment ; shewing the wickedness and hainousness of poysoning : he shewed further , there was one Dr. Forman dwelling at Lambeth , who dyed very suddenly , & a little hefore his death , desired that he might be buried very deep in the grave , or else ( said he ) I shal fear you all . To him in his life time often resorted the Countess of Essex , and Mrs Turner , calling him Father ; their cause of comming was , that by the force of Magick he should procure the now Earle of Somerset then Viscount Rochester to love her ; and Sir Arthur Mainwaring to love Mrs Turner , by whom ( as it was there related ) she had three Children : About this business the Countess wrote two Letters , the one to Mrs. Turner , the other to Doctor Forman as followeth : The Countesses Letter to Mrs. Turner . SWeet Turner , I am out of all hope of any good ●n this work ; for my Father , Mother , and Brother said I should lye with him ; and my Brother Howard was here , and said he would not come from this place all this Winter ; so that all comfort is gone : and which is worst of all , my Lord hath complained , he hath not lain with me , and I would not suffer him to use me : my Father and Mother are angry , but I had rather die a thousand times over ; for besides the sufferings , I shall lose his love if I lye with him , I will never desire to see his face , if my Lord do that unto me : my Lord is very well as ever he was , and so you may see in what a miserable case I am ; you must send the party word of all : he sent me word all should be well ; but I shall not be so happy as the Lord to love me : as you have taken pains ever for me , so now do all you can ; for never so unhappy as now , for I am not able to endure the miseries that are comming on me ; but I cannot be happy as long as this man liveth : therefore pray for me , for I have need ; but I should be better if I had your company to ease my minde : let him know this ill news ; if I can get this done , you shall have as much money as you can demand , and this is fair play . Your Sister . Fran. Essex . Burn this Letter . A Letter from the Countess to Doctor Forman . SWeet Father , I must still crave your love , although I hope I have it , & shall deserve it better hereafter ; Remember the Galls , for I fear , though I have yet no cause but to be confident in you , yet I desire to have it : as it is remaining yet well , so continue it still , if it be possible ; and if you can , you must send me some good fortune , alas I have need of it ; keep the Lord still to me , for that I desire ; Be careful that you name me not to any body , for we have so many spies , that you must use all your wits , and all little enough , for the world is against me , and the Heavens favour me not , onely happy in your love : I hope you will do me good , and if I be ungrateful , let all mischief come upon me : My Lord is lusty and merry , and drinketh with his men , and all the content he gives me is to abuse me , and use me as dogedly as before . I think I shall never be happy in this world , because he hinders my good , and will ever : So remember ( I beg for Gods sake ) and get me from this vile place . Your affectionate loving Daughter , FRAN. ESSEX . Give Turner warning of all , but not the Lord , I would not have any thing come out for fear of my Lord Treasurer , for so they may tell my Father and Mother , and fill their ears full of toyes . There was also shewed in Court certain pictures of a man and woman in copulation made in Lead , as also a mould of Brass , wherein they were cast : A black Scarf also full of white crosses , which Mrs. Turner had in her custody . At the shewing of these and inchanted papers and other pictures in Court , there was heard a great crack from the Scaffolds , which caused a great fear , tumult , and confusion amongst the spectators , and throughout the Hall , every one fearing hurt , as though the Devil had been present , and growing angry to have his workmanship shown by such as were not his own schollers ; and this terrour continuing about a quarter of an hour , silence proclaimed , the rest of the cunning tricks were likewise shewed . Doctor Formans wife being Administrix of her husband , found Letters in packets , by which much was discovered ; she was in Court , and deposed , that Mrs. Turner came to her house immediately after the death of her husband , and did demand certain pictures which were in her husbands study , namely one picture in wax , very sumptuously appareled in silk and sattins , as also one other picture sitting in form of a naked woman , spreading and laying forth her hair in a Looking-glass , which Mrs. Turner did confidently affirm to be in a box , and that she knew in what part of the study they were . Mrs. Forman further deposeth , that Mrs. Turner and her husband would be sometimes three or four hours locked up in his study together : She did depose further , her husband had a Ring would open like a Watch . There was also shewed a Note in Court made by Doctor Forman , and written in parchment , signifying what Ladies loved what Lords in the Court , but the Lord Chief Justice would not suffer it to be read in open Court . Mrs. Turner sent Margaret her Maid to Mrs. Forman , and wished that all such Letters and papers as did concern the Earle of Somerset and the Countess of Essex should be burned , or any other great personages , telling her that the Councels Warrant should come to search the study , and that all his goods might be seised ; whereupon she and her Maid Margaret , with the consent of Mrs. Forman , burnt divers Letters and papers , but that she kept some without their privitie . There were also inchantments shewed in Court written in parchment , wherein were contained all the names of the blessed Trinity mentioned in the Scriptures ; And in another Parchment Cross B. Cross C. Cross D. Cross E. in a third likewise in parchment were written all the names of the holy Trinity , as also a figure in which was written this word Christus , and upon the parchment was fastned a little piece of the skin of a man . In some of these parchments the Devils had particular names , who were conjured to torment the Lord Somerset and Sir Arthur Manwaring , if their loves should not continue , the one to the Countess , the other to Mrs. Turner ; Mrs. Turner also confessed , that Doctor Savorius was used in succession after Forman , and practised many sorceries upon the Earle of Essex his person . Mrs. Turner being almost close prisoner in one of the Sheriffs houses in London , before she was brought to the Barr , knew not that Weston was executed ; but by the proceedings having understanding thereof , and hearing divers examinations read , it so much dejected her , that in a manner she spake nothing for her self , also examinations and witnesses Viva voce that were produced at Westons arraignment , and divers others were read again , as the Examinations of Edward Paine , Io. VVright , Robert Freeman , Symcock Rawlings , Payton , VVilliams : one of these Examinations gave in evidence , that one Franklyn being an Apopothecary and Drugster , was the provider of all the poysons given to Sir Tho. Overbury . A Chyrurgeon there deposed , that he cured Franklyn of the Pox , and that at several times he demanded of his Chyrurgion what was the strongest poyson . The Chyrurgeon demanded what he would do with it , Franklyn replyes , Nothing but for his experience , and to try conclusions . Another Examination of one Merser who had conference with the said Franklyn , calling him Cousen , who demanded of the examinant , What news ? he answered , Ill newes : I am sorry that my old Lord and Masters son is found insufficient , and not able to content the Lady . Franklyn replyes , I have a hand in that business , I have a great friend of my Lady Essex , she allows me 2. s. 6. d. a day for my Boat-hire , and 10. s. a week for my dyet , I could have any money if I would . Merser replyes , but Cousin , how can God bless you in this business ? Franklyn answered , Let them talk of God that have to do with him : my Lord of Somerset and the Countess will bear me out in any thing I do ; if you have any suit wherein you may do your self any good , and I may gain by it , I will warrant you I will get it . Francis deposeth , that Franklyn married his sister , and that he thinketh in his conscience she was poysoned ; upon some discontentment he heard him say , he would not be hanged for never a whore or quean of them all . The Lord Chief Justice made a speech upon divers examinations there read , that the Earl of Somerset gave directions , that of the powder he sent to Sir Thomas Overbury that which should be left should be brought back again , his pretext was that it should make him sick , which should be the ground to make the King grant his liberty , saying further , it would do him good : and he had Tarts and Jellies sent him likewise by the Countess , with express commandment that none must eate of them but Sir Tho. Overb. saying , they would do him no harm . At another time the Countess sent Tarts , Jellies , and VVine , with directions that those which had been formerly sent , should be brought back again , and those last brought should be given him at supper , and then all should be well ; but directions given that neithe Lieutanant nor his wife might eate of them , but they might drink of the wine , for in the Tarts and Jellies there might be letters , but in the wine none ; and afterwards it was openly related and proved by divers examinations , that those words Letters were private tokens between the Countess and the Lieutenant , and Weston to give notice what things were poysoned , and what not . In the Examination that was of VVeston , it was related , that Mr. Iames told him that the Earl his Master would pay him for his pains taken with Sir Tho. Overb. Then the Lord Chief Justice gave in charge to the Jury concerning the evidence they had formerly told them , and heard that VVeston at his Examination confessed all he had said formerly was true . He further related what a great vexation and grief it was to the King , that Somerset onely by making use of his favours and love , so foul a fact was done , as first to be the occasion to put Sir Tho. Overb. to imployments for the Embassage of Russia . 2. To make him refuse them , and to give right cause for his commitment . 3. To bear him in hand that he would work his liberty , but still aggravated and laboured the contrary , and gave directions to the Lieutenant to look surely to him , and to keep him close prisoner , and that he should send to none of his friends , or they to him , urging great matters against him . Sir Tho. Monson was often employed to give directions to the Lieutenant therein , a most barbarous course to be so dealt withall onely for a contempt ; concluding that Sir Tho. Overb. was a close prisoner to all his friends , but open to all his enemies ; such as Somerset would have , or send to him . The Lord Chief Justice told Mrs. Turner she had the seven deadly sins , viz. a Whore , a Bawd , a Sorcerer , a Murtherer , a Witch , a Papist , a Felone , the daughter of the Devil : Forman wishing her to repent , and to become the servant of Jesus Christ , and to pray him to cast out those seven Devils . She desires the Lord Chief to be good to her , saying , she was ever brought up with the Countess of Somerset , and had been of a long time her servant , and knew not there was poyson in any of those things sent to Sir Tho. Overb. then the Jury went forth , and not long after returned , finding her guilty , who being asked what she could say for her self why judgement should not be pronounced against her , she onely desired favour , but could not speak any thing for weeping . Then Judge Crook made another grave Speech , exhorting her to repentance , and to prepare her self ready for death , and that the little time which should be assigned her to live , she should not spend it either in labour or imagination to get her life , for that hope was but a VVitch : upon conclusion of which Speech he gave Judgement , and told her she had a very honorable Tryall by such men as he had not seen in his time for one of her rank and quality , and so was delivered to the Sheriff . Upon the wednesday following she was brought from the Sheriffs in a Coach to Newgate , and was there put into a Cart , and casting money often amongst the people as she went , she was carried to Tyborn , where she was executed , and whither many men and women of fashion came in Coaches to see her dye , to whom she made a speech , desiring them not to rejoyce at her fall , but to take example by her : she exhorted them to serve God , and abandon ill company , and all other sins , relating her breeding with the Countess of Somerset , having had no other means to maintain her self and her children , but what came from the Countess ; And said further , that when her hand was once in this business , she knew the revealing of it would be her overthrow ; by which , with other like speeches , and great penitence there shewed , she moved the Spectators to great pitty and grief for her . The proceedings against Sir Iervas Elvis , Knight , Lieutenant of the Tower , at his Arraignment at Guild-Hall , the 16. of Novemb. 1615. THe form of the Indictment was , the malicious aiding , comforting , and abetting of VVeston in the poysoning and murthering of Sir Tho. Overb. whereupon it was laid against him as followeth . First , when VVeston received the Viall of poyson of two inches long , to give Sir Tho. he having the Glass in the one hand , and the broth for Sir Tho. in the other , meeting the Lieutenant , asking him this , Sir shall I give it him now ? The Lieutenant reproved him , yet that night he gave it him in his broth , Ergo , the Lieutenant knew of the practise and poysoning of Sir Tho. Overb. Et qui non propulsat injuriam cum possit eam infert , Cicero . After this was known to be poyson , yet he kept Weston still , he favoured , countenanced , and graced him , and one time sent him a cup of Sack , and bad his man tell him he loved him as well as ever he did ; all this while he paid him no wages , and as soon as Sir Thomas Overbury dyed , VVeston was removed . The Countess writ a Letter to the Lieutenant , with the Letter she sent poysoned Tarts to Overbury , and Wine to the Lieutenants wife , and bad him give the Tarts to Overbury , for there were Letters in them ; but his wife and children might drink the Wine , for she was sure there were no Letters in it . The Earle of Northampton writ a Letter to the Lieutenant concerning the imprisonment of Overbury ; the said Earle writ three Letters to Rochester contaiing these words : SWeet Lord , think not I finde pain in that which gives me sweetest pleasure , which is any thing which falls from your Pen . Three things concur to my exceeding joy in your worthy Letters ; proof of your love , comfort of your words , and judgement in your writing : you may believe the words of him that will rather dye then flatter you , my heart is full of the love of you ; your Characters are no pain for me to peruse , being as well acquainted with your hand , as mine own : the pain is no more then the cracking of a Nut for the sweet kernel , or my Neeces pain in the silver-dropping streams of your Pen . ( There the Lord Chief Justice left off reading for the baudiness of it ; then after in the Letter followed : ) I spent two hours yesterday in prompting the Lieutenant with cautions and considerations ; observing with whom he is to deal , that he might the better act his part for the adventure in which he dealeth . Henry Northampton . Another Letter to Rochester . SWeet Lord , I cannot deliver unto you with what caution and consideration , &c. and the Lieutenant looking to his business , which concerns me more then Text affords , that marching in his affairs , I shall hold him discreet , and love him better whilst I live for this his conclusion , for this Negro can no more change his skin , then the Leopard his spots . Hen. Northampton . Another Letter to Rochester . SWeet Lord , Overbury being viewed , there was found in his arm an Issue , and on his belly twelve kernels like to break to issue , each as broad as three pence , as big as a small button ; an Issue in his back with a tawny plaister on it , this was strange and ugly , he stank intolerably , insomuch that he was cast into a Coffin with a loose sheet over him : God is gracious in cutting off such ill instruments from the factious crew ; if he had come forth , they would have made use of him . Thus sweet Lord wishing you all increase of happiness and honour , I end Your Lordships more then any mans , Hen. Northampton . The Lieutenant writ a Letter to Northampton , certifying him , that he undertook Sir Tho. Overbury according to his Instructions ; that as soon as he came to the place , Sir Thomas protested his innocency upon the Bible , and then ( quoth he ) he asked me what they meant to do with him ? I answered , they mean to refine you , that your pureness may appear the better : after I walked with him in his Chamber , and advised him to give way to the match between Rochester and the Countess , but then he grew hot against your Lordship , and the Countess of Suffolk , saying if he were the Countess of Suffolks prisoner ( as he thought he was ) then ( said he ) let her know that I care as little to dye , as she to be cruel . The Countess I finde to be joyned with you in this plot , though the Chamberlain knows not of it , nor any one else : but Rochesters part I shall most fear untill I see the event to be clearly conveyed : and so he concluded his Letter . The Answer of Sir Jervas Elvis to the points proposed . MY Lord , before I answer the matter of charge against me , let me remember your Lordship of one speech I learned from your mouth , I have heard you speak it at the Councel Table , and at the Assizes in the Country ; that when a prisoner stands at the Bar for his life comfortless , allowed no counsel , but strong counsel against him , perchance affrighted with the fear of death , his wife and his children to be cast out of doors , and made to seek their bread , you have alwayes pitied the cause of such an one , you have protested you had rather hang in hell for mercy to such an one , then for judgement . My Lord , you have not observed your own rule in my cause , you have paraphrased upon every examination , you have aggravated every evidence , and applied it to me ; so that I stand clearly condemned , before I be found guilty : if I were so vile a man as your Lordship conceives me , I were unworthy of any favour , but I hope your Lordship shall not finde it . So I will deny nothing that hath evidence of truth against me ; I will not tell a lie to save my life : and beseech your Lordship so to conceive of me , move your charity towards me . Then desired he the Court , that the heads of the Accusations might be collected by the Councel of the King , which were the same which were mentioned before , to which he severally answereth : To the first , Shall I give him now ? he answered , That when Weston asked him the question , he saw no poyson in his hand and therefore ( said he ) in Westons and my Examinations the question was , Shall I give it him now ? not , Shall I give him this now ? for there is a great difference between hoc , and id , in matters of prevention . But further , when Weston had told me that it was poyson which he meant to give , I reproved him , and beat him down with Gods Judgements : nay I humbled him so , that he thanked God and me on his knees , and told me that he and his had cause to blesse God for me , for that I with-held him from doing that act ; and if you call this comforting and abetting , to terrifie a man for his sins , and to make him confess his faults to God , and to abhor and detest the act , then was I an abettor , and comforter of Weston . To the second , after I had thus terrified him with Gods Judgements , and saw him cast down for his offence , I could do him no better office then to raise him up , who was thus cast down , and therefore favoured him ; I shewed him kindness , I drank to him , to the intent I might encourage the intentions of his minde , which I found then in abhorring the fact ; and for that I gave him no wages , it is true ; I took him from the commendations of my Lord of Northampton , and Sir Tho. Monson , whom I took to be my friends , and thought they would commend no man to be a Keeper , which might endamage me . To the third , I never knew any other meaning of the Countesses words in her Letters , but the bare literal meaning ; and sure ( quoth he ) after I had received the Tarts , and they stood a while in my Kitchin , saw them so black and foul , and of such strange colours , that I did cause my Cook to throw them away and to make other Tarts for him . To the fourth he saith , the Earle of Northamptons Letter to him , was not any thing touching the poysoning of Sir Thomas Overbury , but for a close restraint , to the end that Overbury might agree to their purposes concerning the marriage to be had between Rochester and the Countess : if the Earle of North-hampton had any plot to take away his life , I was not of his counsel , nor had knowledge therein . To the fifth , it is said , I received him according to my instructions ; I meant no other thing then I had delivered before , which was concerning the closeness of his imprisonment ; but being asked what he meant by these words , Rochesters part I shall greatly fear , untill I see the event to be clearly carried : In this he staggered and wavered much , and gave his answer , It was long since I writ this Letter , and for the particular circumstance that induced me to this speech , I cannot now call to memory : but sure I am , ( knowing my self to be innocent ) I satisfie my remembrance , so that I meant nothing concerning the taking away of his life : but because I was a stranger to Rochester , and had heard , and known of that great league that was between them , I might well think , suspect , and fear whether he would alwayes continue those projects for his restraint . These were the answers he made to his accusations : and after he had made many protestations betwixt God and his soul of innocency , in the mallicious plotting and abetting of Overburies death , he appealed himself to the Jury , and said , I will prove unto you by many infallible and unanswerable reasons , that I could not be aider and complotter with Weston in this poysoning : first , I made a free and voluntary discovery of it my self , I was not compelled ; will any man imagine I would discover a thing wherein I am not able to clear my self ? Nature is more kinde then to be its own accuser . Besides , that my clearness might more appear and remain in the world without any suspition , I proceeded and accused the murtherer Weston . It had been a senselesse thing in me ( if I had not thought my self clear ) to have accused him , who might have done as much for me . Nay Weston himself proved me to be an honest man before the Chancellour of the Exchequer , for he confessed to him and others being present , that he thought the Lieutenant knew not of the poyson ; and in his Examination before the Lord Chief Justice , and Serjeant Crew , being asked the meaning of those words ( Shall I give it him now ? ) he answered , That he thought that those which had set him on work , had acquainted the Lieutenant with their plot . And also I was so confident in mine own innocency , that I told my Lord Chief Justice , and my Lord Zouch , that the way to make Weston confess , and to discover all , was by fair and gentle intreaty of him ; and so by this means they might search to the very bottome of his heart : in this the Lord Chief Justice witnessed with him . And after Sir Thomas was dead , Weston and Mrs. Turner were sent to me to know whether I had any inkling of the death of Sir Thomas : what need they have made this question , if I had known any thing thereof ? Also that which I do know concerning the poysoning of Sir Thomas , was after his death by the relation of Weston ; and I am here indicted as accessary before the fact , when I knew nothing till after the fact . After that he had confirmed these reasons by sundry-proofs and witnesses , he went further in his own defence . If I be in the plot , my Lord Treasurer is , I have his Letter to shew in it , he called me to his lodging , and said , The plots you know them as well as I. The plots were onely to repair her honor : my wife hath the Letters from the Lord Treasurer and Munson : for these plots I will run willingly to my death , if circumstances be knit with any manner of fact . He proceeded further , and told the Lord Chief Justice , that he spake not this to justifie himself , so that no blemish or stain might cleave unto him , for ( said he ) this visitation is sent me from God , and whether I live or dye , it is the happiest affliction to my soul that I ever received : I have laid open my whole heart from blood guiltiness , I have not repented me other then for errors of my judgement in not detecting what I suspected , and yet I ask God forgiveness for less sins , but of this I know no other then the gross error of my judgement in not preventing it , when I saw such intendment and imagination against him . Then he put my Lord Chief Justice this question : If one that knoweth not of any plot to poyson a man , but onely suspecteth , is no actor or contriver himself , onely imagineth such a thing , whether such a one be accessary to the Murther ? for the words of the Indictment are abetting and comforting with malice . Now if there be any man that charges me expresly or in direct tearms that I was an abetter ; or if the Court shall think fit in this case that I have put , that such a concealing without malice in an abetting , I refuse not to dye ; I am guilty : this was the summe of his speech . Then the Lord Chief Justice replyed , That to his knowledge he spake no more concerning the evidence then he could in conscience justifie , which was onely to explain the evidence , and not wresting any thing in prejudice of his life . But further , he told him , that two dayes before Sir Thomas dyed , you wished his man to bring in his best Sute of hangings to hang his Chamber , which you knew were your Fees : after he told him that his accusation of the Lord Treasurer was very malicious ; for in all the Examinations he had taken , in all the exact search he could make for the finding out of the truth ; he saw not that honourable Gentleman any way touched . In conclusion , he told him , It is not your deep protestations , and your appealing to God and his Throne , that can sway a Jury from their evidence , which is not answered unto . But to leave you without excuse , and to make the matter as clear as may be ; here is the Confession of Franklin , which he then drew out of his bosome , saying , This poor man not knowing Sr Iervis should come to his Triall , this morning he came unto me at five of the clock , and told me that he was much troubled in his conscience , and could not rest all night , untill he made his Confession , and it is such an one ( these were his words ) as the eye of England never saw , nor the ear of Christendome ever heard . The Confession of James Franklin , 16. Novem. 1615. MIstress Turner came to me from the Countess , and wished me from her to get the strongest poyson I could for Sr Th. Overbury ▪ accordingly I brought seven sorts ; Aqua-fortis , White-Arsnick , Mercury , Great-spiders , Powder of Diamonds , Lapis Costitus , Cantarides ; all these were given to Sir Tho. at several times : and further confesseth , that the Lieutenant knew of these poysons ; for that appeared ( said he ) by many Letters which he writ to the Countess of Essex , which I saw , and thereby knew that he knew of that matter ; one of them I read for the Countess , because she could not read it her self , in which the Lieutenant used this speech : Madam , This Scab is like the Fox , the more he is cursed , the better he fareth : and other speeches . Sir Tho. never eat white Salt , but there was White-Arsnick put into it ; once he desired Pigge , and Mrs. Turner put into it Lapis Costitus ; the white powder that was sent Sir Thomas in a Letter , he knew to be White-Arsnick , a very deadly poyson . At another time he had two Partridges sent him from the Court , and water and onyons being the sawce , Mrs. Turner instead of Pepper put in Cantarides , so that there was scarce any thing that he did eat but there was some poyson in it ; for these poysons the Countess sent me rewards , she sent me gold many times by Mrs. Turner . She afterward writ unto me to buy her more poysons : I went to her , and told her , I was weary of it : I besought her upon my knees , that she would use me no more in these matters ; but she importuned me , bid me go , and inticed me with fair speeches and rewards ; so she overcame me , and did bewitch me . The cause of this poysoning was , as the Countess told me , because Sir Thomas would pry so far into the state , as he would put them down : he did also say , that the toothless Maid trusty Margaret was acquainted with the poyson : so was Mrs. Turners man Stephen , so also Mrs. Horn , the Countesses own hand . He saith , on the marriage of the Countess with Somerset ; she sent him twenty pound by Mrs. Turner , and he was to have been paid by the Countesse two hundred pound per . an. during his life . That he was urged and haunted two hundred severall times at the least by the Countesse to do it against his conscience : he saith , she was able to bewitch any man : and then he wrought the love between Rochester and her , and that he had twelve severall Letters from her to prosecute it , and was to have two hundred pound , to continue their love till the Marriage . These are all the materials in Franklins Confession ; to this Sir Iervis knew not what to answer , or to make of his own Letters . Then presently the Jury departed from the Bar , and presently after returned , and found him guilty , and the Lord Chief Justice gave judgement , and he was executed accordingly in manner following . Sir Jervas his Confession . ON Munday the 20. of Novem. 1615. he was executed upon Tower hill , upon a Gibbet there set up of purpose about six of the clock in the morning ( he being arraigned in a black Suit and Jerkin with hanging sleeves , having on his head a crimson satten Cap , from the top downwards , and round about laced , under that a white linnen Cap , with a border , and over that a black Hat with a broad Ribbond , and a ruffe Band thick couched with a lace , and a pair of skie-coloured silk stockings , and a pair of three soaled shooes . ) He came on foot from Sheriffe Goars house to the Gibbet , between Dr. Whiting , and Dr. Felton , two of his Majesties Chaplains , and comming to the Ladders foot , he talked a word or two to the Executioner ; then he went up the Ladder four or five steps , the Executioner sitting over his head upon the top the of the Gibbet ; Sir Iervis finding the Ladder to stand too upright , for his case , spake to have it amended ; which forthwith he comming down was done , being fastned in the ground , and then he went up again six steps , where after a while sitting , uttered to this , or the like effect . NOble , Right worshipful , and others : I am here come as well to shew , explain , and unfold that which passed at the time of my Arraignment , to so many of you as were present ; as also to shew that there I perceived I had lost the good opinion of many in standing so long upon mine innocencie , which was my fault I confess , hoping now to recover the same , and your good charitable opinions of me ; which fault I then saw not , being blinded with my own error , which made me account it no sin . But since my condemnation , by the means and help of these two Gentlemen here present ( the Doctors ) I was perswaded of the greatness of my sin , and that it was so much the greater , by how much the more I did conceal it : which by Gods mercy I perceiving , consulted not with flesh and blood , but thought it in this my condemnation the best way for my souls health to reveal to the Omnipotent and All-seeing God , the most secret and inward intentions and thoughts of my deceitfull heart ; not once respecting the praises or dispraises of the world , which I regard not at all . It may not be some will say , That this place was most unfit for my execution , appointed to terrifie and daunt me so much the more ; but ( alas ! ) I fear not death , place , nor any such like thing ; for I account it the King and Councels speciall favour , that I dye here , for that J requesting the same it was granted , whereby J see now this Tower , late wherein J should have been called to State business , and still might , if J had performed a more loyal service to my King and Country then J did . Next , in that J was not appointed to Tyburn , a place of more publique reproach then now J am brought to , being worthy to die by due and lawfull Justice , in prosecuting this bloody enormous act against a kind Gentleman , who deserved no ill at my hands , nor any mans else , for ought J know . But were it J had not trusted him who was a most perfidious wretch , J had not fallen into this shame , which may warn all here present to take heed whom they trust in a bad matter ; and to admonish you that are trusted never to break honest and just fidelity . I was by divers tricks drawn to this action , which I received from the Earle of Northampton , and Sir Thomas Monson , and none other ; but had I remembred the 115. verse of the 119. Psalm , and said with the holy Prophet , Away from me ye wicked , for I will keep the commandements of my God : Then had J refused such like tricks , alas ! now too late , there was my fault that J did not refuse them , and cast my self upon Gods providence without any dependence on man , though never so honourable : Was ever any deceived that did trust in God ? there was never any : Therefore J admonish you all , let none how honourable soever they be , or the King himself , move you to any thing not agreeable to Gods word ; do it not , reject it ; for that was my fault , that J had not at the first opened this plot to his Majesty , who no doubt would most justly and throughly have punished the same . You Noble , Worshipful , and others ; let my example teach you thus much , That you prophane not the holy Sabbaths of the Lord , nor his good creatures , nor that you turn ( by a lascivious course ) dayes into nights , and nights into dayes , as J have done ; and that in serving God , you must not only read the Scriptures , but joyn practice therewith ; for what good will the same effect , if the heart be foul , bloody , and impure ? some here knew my forwardness therein , but J pretend not innocencie that way , but cast it off , and confess that of this great Assembly I am the most wretched sinner . You expect speeches from me of some concealed matters , and upon some of my speeches used at the closing up of my Arraignment ; but J stand here loco peccatoris , non oratoris : yet J will shew you that J have opened to my Lord Chrief Justice since my Arraignment , that with the utmost of my power J was able to verifie , upon which J took the body and blood of Jesus Christ , and in further testimony , J will now seal it with my last and dearest breath . Nobles , and others , to see your faces it rejoyceth me , whereby you manifest your loves in granting my request to be eye-witnesses of my death : J see a number of my friends here , ( pointing as he spake ) who out of their loves J intreated to beseech God to strengthen me in death , though ignominious to some , yet to me a bitter cup mingled with Gods mercies , a special favor this way to call me home ; whereas he might have taken away my life by shooting the Bridge , or some fall , or otherwise ; and then this unrepented sin , which J accounted no sin ( such was my blindness ) had been damnation to me ; for God is just , and the unrepented sinner shall have no salvation . There is none of you here present that knoweth how or in what sort he shall dye , it may be in his bed , it may be otherwise ( God knows ) J protest before you all , J never came over this hill in the chiefest of all my prosperity with more joy then now J have at this present ; for now J know J shall behold the glorious face and sight of my Creator . Take heed , let my ensample incite you to serve God truly and uprightly , lest a shameful death overtake you , as it hath me , who am unworthy of my Parents care in bringing me up . Jt may be some will say , J have a flinty heart , because J shed no tears ; my heart is flesh as others be , and J am as faint-hearted to look death in the face as any others because my use hath not been to shed tears , J cannot now easily , except it be for the losse of some dear freind ; albeit now my heart beginneth to melt within me being wounded ( with that the tears stood in his eyes ) to see the faces of some here present , whom J most earnestly love , and now must depart from with shame , though worldly regard J respect not , for well Mr. Sheriffe knows , that ( to shame this my sinful flesh the more ) J wisht if it had him pleased , to have been brought thorow the City , to have warned all the spectators how they should not escape without Judgement for blood , for God is just . J had almost forgotten to shew you a most strange thing which God brought to my memory the last night , which is this : J confess J have been a great Gamester , and have played and wasted many great summes of money which exhausted a great part of my means , which J perceiving , vowed seriously , and not sleightly or unadvisedly , to the Lord in my vow and prayers , Lord , let me be hanged if ever I play any more ! which not long after is justly come upon me , whereof ye are all eye-witnesses , for a thousand times since J have broke this my vow . Then he espied one Sir Maxamilian Dalyson standing near to the Gibbet on horse-back , and said to him , You know Sir Maxamilian what gaming we have had , and how we have turned dayes into nights , and nights into dayes : J pray you in time to leave it off , and dishonor God no more in breaking his Sabbath , for he hath alwayes enough to punish , as you now see me , who little thought thus to dye . To which Sir Maxamilian answered him , Sir Iervas , J am much gieved for you , and shall never forget what you have said ; whereunto he said , Look to it , do then . Further he continued his Speech , Let no man boast of the abilities and gifts of Nature which God giveth him , for therein I displeased God , being over-much transported with the pride of my Pen , which obsequious Quill of mine procured my just overthrow . Upon the knitting up of my Lord Chief Justices Speech at my Arraignment , by reason of two or three passages at the bottom of my Letter , subscribed with my own hand , which I utterly had forgotten , because I felt not my fin , ( which I heard ; ) I saw no other but the finger of God would thus point to this Fact : By this means , I do protest before God , and confess before you all , that I was so overtaken with this bloody Fact , that for satisfaction of the same , I willingly yeelded my dearest blood , to the shame of this my wretched Carkass , not being so much grieved for the same , as for others ; that I wish I had hang'd in Chaines perpetually , so that I had at first revealed this hainous plot . Then should I have saved the lives of some already dead , some in the Tower , and some in the City , some over Seas ; so should I have prevented many from being Widdows , some from being fatherless , and some from being childless , among whom my own wife for one , and eight Fatherless children of mine , which I now leave behind me ; and God knows how many are guilty of this Fact , and when it will bee ended . The Lord Chief Justice upon closing up of my speeches at my Arraignment , said , I was a Anabaptist : I would I were as clear from all other sins , as from that , for I alwayes detested that condition . As for my wife , some said she is a Papist ; True it is , she came so short of a sincere Protestant . I mean in that respect , that when she is amongst Papists , she cannot well forbear them . Then he spake to the Sheriff , saying , If it may be permitted without offence , I have somewhat to say , and that is this ; Is it lawful for any one here to demand of me any questions ? to which the Sheriff answered , It is not lawfull , wherefore , good Sir Iervas , quoth he , forbear . Sir Iervas said thereunto , ( doubling his words ) it is enough , it is enough ; I have , quoth he , one that holdeth my cloak , may I bestow somewhat on him ? The Sheriff answered , That you may Sir ; whereupon , he called the young man unto him by his name , who stood waiting at the Ladders foot , and gave him out of his pocket some pieces of gold or silver , and said , Here , take this , spend it ; which he with bitter tears thankfully accepted . Doctor Felton and Doctor Whiting strained courtesie which of them should begin a publike Prayer for this parties condition ; one of them willed the other , but at last Doctor VVhiting said , If you Sir Iervas can perform it your self , you of all men are fittest to do it , with efficacy both of soul and spirit ; whereupon he said , I shall do my best then ; but my hearers , I crave your charitable constructions , if with half words , and imperfect speeches , I chatter like a Crane . His Prayer . O Eternall , Omnipotent , and Omniscient God , the Creator of Heaven and Earth , and of me a most miserable and horrible wretch , by reason of my unmeasurable sinnes and transgressions , whereof I am wholly guilty ; take pitty of me , that have so many ponderous sinnes , that without thy speciall favour and mercy , they will be ready to press me into perpetuall destruction ; thy full and free pardon in Iesus Christ I humbly crave , with this assurance , that immediately my soule shall be translated hence , into those inestimable joyes which the heart of man is unable to conceive , the tongue to utter , the eare to hear : Then Lord hear the petition of me a most miserable wretch , according to thy promise made unto the repentant sinner : my sinnes yet unknown , and unrepented of , which are my secret sinnes , Lord call not to accompt : disburthen me , O Lord , of my unknown sins , I desire to give a true sigh for them all , my sins of youth , and riper years , O Lord , pardon ; thou , O Lord , knowest how many they are ; let the misty clouds of all my sinnes whatsoever be scattered by the bright beams of thy merits : Be merciful to me in Christ Iesus , that these weak poor prayers may be available in thy sight ; this comfort yet I have , that I am thine ; for , were I not thine , then out of the roots of me could not the buds of repentance appear , by which I know thou lovest me ; it is not I , but thou , O Lord , hast drawn me to thee , for thine own mercies sake , In which thy mercies and thy promises made to the true repentant sinner , once again I rely : for if thou killest me by this or any other ignominious death , yet will I trust in thee . I crave thy assistance ; Protect my soul from that great Adversary of mine , I mean Satan , who with pale death and the infirmities of flesh , do band their balls together , then especially at the last gasp ; in which great conflict , Lord strengthen me , that they may not overcome , but be overcome . Amen . This Prayer being ended , he asked if he might not pray privately : The Doctors answered , Yea ; then made he a short Prayer to himself with his face covered ; and after he uncovered it , and said , Now I have prayed , now must J pay , J mean do the last office to Justice : with that Doctor VVhiting said , Sir Iervas , you may stand one step lower upon the Ladder ; to whom the Sheriff answered , Jt is better for him Mr. Doctor to be where he is ; Stay , quoth the Doctor to the Executioner , for he hath given a watch-word , he is in private prayer again ; Yea , quoth he , for he hath given me a watch-word when J shall perform my office to him . He uncovered his face after his second short prayer : And first took his leave of all the assembly , saying with a cheerfull voyce and countenance , J pray you pray for me , who shall never more behold your faces ; then he said with great fervency of spirit , Lord I desire at thy hands this bitter Cup of death , as the Patient receives a bitter Potion , not once demanding what is in the Cup , but takes and drinks it off , be it never so bitter . As soon as he had then said audibly , Lord Iesus receive my soule , which belike was the Executioners watch-word , he turn'd him off the Ladder , and the Executioners man catching at one of his feet , and his own man by the other , they suddenly weighed his life ; where hanging a small distance of time , his body not once stirred , onely his hands moved a little , being tyed with a black silk Ribbon , which a little before he had reached to the Executioner , putting up his hands to him for that purpose ; all which being ended , both Corps high Gibbet were from thence conveyed . The Proceedings against Iames Franckling at his Arraignment at the Kings Bench the 27. of November , An. Dom. 1615. AFter he had put himself for his Tryal upon the Country , a Jury of Esquires and Gentlemen were impannilled to pass upon his life there ; then Westons Indictment was read , and Francklin accused as accessary to the poysoning of Sir Thomas Overbury , and then his Examination formerly taken in these words . Iames Francklins Confession . HE confesseth , That in a house near Doctors Commons Mistriss Turner did first come unto him about the poysoning of Sir Thomas Overbury , and prayed him to provide that which should not kill a man presently , but lie in his body a certain time , wherewith he might languish away by little and little ; at the same time she gave him four Angels , wherewith he bought a water called Aqua fortis , and sent it to Mistriss Turner , who to try the operation thereof , gave it to a Cat , wherewith the Cat languished , crying pitifully for two days , and so dyed . Afterwards Mistriss Turner sent for Francklin to come to the Countess , who told him that Aqua fortis was too violent a Water : But what think you , quoth she , of White Arsnick ? He told her , that was too violent : What say you , quoth she , to Powder of Diamonds ? He answered , I know not the Nature of that ; She said then , he was a Fool , and gave him pieces of Gold , and bid him buy some of that Powder for her : Francklin demanded of the Countess what was her Reason to poyson Sir Tho. Overbury ; she told him , He would pry so far into their estate , that he would overthrow them all . A little before Sir Tho. Overburies death the Countess sent for Francklin , and shewed him a Letter sent from the Lord of Rochester , wherein he read these words , I marvel at these delays , that the business is not yet dispatched ; whereby Francklin thinketh in his Conscience was meant the poysoning of Sir Thomas Overbury . And in another Letter from the Lord of Rochester was written , That Sir Thomas was to come out of the Tower within two days , and they all should be undone ; whereupon the Countess sent for Weston , and was very angry with him , that he had not dispatched Sir Thomas Overbury ; Weston told her , that he had given him a thing that would have killed ten men . Also a fortnight after Westons Apprehension , this Countess sent for Francklin into S. Iames's Park , where he , the Earl , and the Countess walking together ; and as soon as he came , the Earl went apart into a Chamber , then she told him , Weston hath been sent for by a Pursevant , and hath confessed all , and we shall be hanged ; but on your life , quoth she , do not you confess that you brought any Poyson to me or to Mris Turner , for if you do , you shall be hanged , for I will not hang for you ; nor , saith Mris Turner , will I hang for you both . The Countess told him , The Lord who was to examine him would promise him a pardon to confess , but beleeve them not , for they will hang thee when all is done . Weston came to Francklins House , and told , Now the Countess turn is served , she uses him unkindly , and they should both be poysoned , and that two were set on purpose to poyson him . Francklin having confessed his former Examination under his own hand , being permitted to speak for himself , said , That at the intreaty of the Countess and Mistriss Turner , he did buy the Poysons , but protested his Ignorance what they meant to do with them , and for the rest he referred to the Conscience of the Jury , who went from the Bar , and within a quarter of an hour did return and pronounce him guilty : Then Judg Crook after a brief Exhortation gave the sentence of death upon him . The Lord Chief Justice made a short Exhortation also with addition of these words , that knowing as much as he knew , if this had not been found out , neither Court , City , nor any particular Families had escaped the malice of this wicked cruelty . The Proceedings against Sir Tho. Monson , at the Guild-hall London , Decemb. 4. 1615. WHen he came to the Bar , he made a Motion to the Lord Chief Iustice , That whereas he had written to his Lordship to ask the Lord Treasurer two Questions , which my Lord would do ; He desired then an Answer , and that Sir Robert Cotton might be present ; the Question read , he was indicted for Conspiracy with Weston for poysoning Sir Tho. Overbury , to which he pleaded not guilty ; He would be tryed by God and his Country : The Lord Chief Iustice broke up the Proceedings , and made a Speech to this effect . That he saw a great Assembly , though it had been shewed them often , that the City was much bound to God and his Deputy here on Earth , the King his Master , for their great deliverance and exact Iustice , for God was always good and just ; and for the King , though they were never so high in place , nor so dear to him , though his own Creatures , yet his Justice is dearer to him , for which we are upon our knees to give him hearty thanks , as also for so milde Proceedings in so great an Affair : For neither the great mans House in the Tower , nor this Poysoners House to my knowledg , hath been searched , neither hath this Prisoner been committed to the Sheriff , but to an Alderman , a man who of all others might be most kind to him ; whereas I take it , lest I should be mistaken , Sir Francis Anderson married Sir Stephen Somes daughter , and Sir Thomas Monson married Sir Francis Andersons Sister ; I never knew the like favour , nor do I like it so well , but do declare it as a gentle Proceeding from the King . For other things , I do not discover secrets ; but though there were no House searched , yet such Letters were produced , which makes our deliverance as great as any that happened to the Children of Israel . For VVeston and Mistriss Turner dyed penitently , as it is worthy to be written in letters of Gold ; and for the Lievtenant , though with great Imprecations and with high hand he denyed it , yet to the great Glory of the Kings Justice he dyed most penitently and resolutely : This is spoken to the great Praise of God , that hath crowned these just Proceedings , Iustitia confirmata non est Authoritate , though not having Reason for it , wherein we may see the great Hand of God . For that morning the Lievtenant was Arraigned came to me as one afflicted in Conscience , not knowing of his Arraignment , one with Evidence against him , which he delivered to the Iury , one of them heard him say ( the Lord have mercy upon me , ) and for this present ( non est constantia longa de vita hominis ) therefore he must be conveyed to the Tower as a safer place , till further order be taken . Then he addressed his Speech to Sir Thomas Monson , saying , Whereas you name my Lord Treasurer , every mans fame is dear unto him , and he hath been dear and Honorable ; you shall hear what he hath answered to my Letter . After my hearty Commendations , I hear that Sir Thomas Monson that I can clear him , but I hear nothing of him to accuse him , but I hope he is not guilty of so great a crime . You hear , quoth he , that he will neither accuse nor excuse you . Monson . I do not accuse the Lord Treasurer nor calumniate him , for I know he is very Honorable , but I desire to have Answer to my two Questions . Lord chief Iustice. You shall hear more of that when time shall serve ; do you as a Christian , and as Ioshuah bid Acan , My son , acknowledg thy sin , and give glory to God . Monson . If I be guilty , I renounce the Kings mercy and Gods ; I am Innocent . Lo. Ch. Iustice . There is more against you then you know of . Monson . If I be guilty , it is of that I know not , Lo. Ch. Iust. You are Popish , that Pulpit was the Pulpit wherein Garnet denyed , and the Lievtenant as friendly ; I am not superstitious , but we will have another Pulpit ▪ Iust. Doddridge . It is an Atheists words to renounce Gods Mercy ; but you must think the change of your Lodging means somewhat . Hide . I have looked into this business , and I protest , my Lord , he is as guilty as the guiltiest man . Monson . There was never man more innocent in this cause ; I will live and dye an Innocent . After this Speech , certain Yeomen of his Majesties Guard , attending for that purpose , conducted him to the Tower , where between the Yeomen and the Warders there was some Contention about his Entertainment . A Relation of the Arraignment of the Lord and Lady of Somerset , on Friday , May 24. 1616. The Names of the Peers . THe Earl of Worcester , L. P. Seal . The Earl of Pembrook , L. Chamberlain . The Earl of Rutland . The Earl of Sussex . The Earl of Mountgomery . The Earl of Hartford . The Viscount Lifle . The Lord Zouch , Warden of the Cinque Ports . The Lord Willoughby of Frisby . The Lord de Laware . The Lord Dacres . The Lord Mountegle . The Lord Wentworth . The Lord Rich. The Lord Willoughby of Parham . The Lord Hunsdon . The Lord Russel . The Lord Compton . The Lord Norris . The Lord Gerard . The Lord Cavendish . The Lord Dormer . The Lord Elsmore , Lord Chaniels , and Lord Steward , hac vice . His Assistants there present in the Commission . Sir Edward Cook , Lord Chief Justice of England . Sir Hen. Hobart , L. Chief Justice of the Com. Banc. Sir Law . Tanfield , Ch. Baron . Judg Crook , Banco Rege . Judg Nichol , Com. Banc. Sir Fran. Bacon , Attor. General . These three only spake . Sergeant Mountague . — These three only spake . Sergeant Crew . — These three only spake . Sir Hen. Yelverton , Solic . Rege . Sir Fran. More , Servien . Rege . Sir Lawr. Hide , attor. . Reginae . Mosley , Attornat . Ducat. Sir Io. Davis , Servien . Rege . Mr Walter , the Princes attor. . Mr Finch , Keeper of the Records of Attainders . Sergeant More . Sergeant Finch . The Names and form of their sitting . WHen my Lord Chancellor , who for his time was High Steward of England , came into the Court , there came before him six Sergeants at Arms with their Maces , Sir Geo. Coppin with his Pattent , Sir Rich. Connisby with his White Staff , Mr Mannering with the Great Seal , he himself at the upper end of the Board sitting under a Cloth of State , of both hands of him the Peers , under them the Iudges , at the further end of the Kings Councel below the Iudges , on one side , Finch the Keeper of Records of Attainders , the Clerk of the Crown and his Deputy in the midst of the Court , the Sergeant Cryer standing by him ; Sir Rich. Connisby , Sir Geo. Coppin the Seal-Bearer , and at my Lord Stewards feet the Prisoner at a Bar , behind the Kings Councel the Lievtenant of the Tower in a little space adjoyning to the Bar. All being silent , Sir Geo. Coppin arises , delivers the Pattent to the Lord High Steward , upon his knee , he received it , and kisseth it , and returns it to Mr Fanshaw , who takes it kneeling ; then the Sergeant Cryer makes Proclamation in the Lord High Stewards name to keep silence ; then Mr Fanshaw , ( which bears date May 10. ) Then there is another O Yes to certifie my L. Steward , whether Weston were commited as principal for the murther of Sir Tho. Overbury : Then the Lord Chief Iustice delivers a Schedule indorsed with Certificates of four Iudges of the Kings Bench , and other the Commissioners ; then Fanshaw turning unto my Lord Steward reads a third O Yes for certifying other Indictments . My Lord Cook delivers another Schedule , indorsed with Certificate of my Lady of Somersets Indictment , which Mr Fanshaw as before reads . A fourth O Yes for Walter Lee Serjeant at Arms to return the Precept for the Peers of Frances Countess of Somerset , which accordingly he , after his three Reverences to the Lord High Steward , delivered to Mr Fanshaw , he reads the Indorsement . A fifth O Yes to call the Lords , summoned by the Command of my Lord High Steward , to answer to their Names , which accordingly they did , beginning as at the first , as every one was named putting of their Hats , standing up until the next was named . A sixth O Yes to the Lievtenant of the Tower to return his Precept , and bring his Prisoner to the Bar , which he did , and gave his Precept to the Serjeant , who gave it to Mr Fanshaw , and he as afore read the Indorsement . The Prisoner made three Reverences to his Grace and the Peers , being attired in black Tammel , a Cyprus Caperoon , a Cobweb Lawn Ruff and Cuffs . Lord Steward . My Lords , the Reason why you are called hither this day , is to sit as Peers of Frances Countess of Somerset . Fanshaw Clerk of the Crown . Frances Countess of Somerset , hold up thy hand ; she does so hold it up , till Mr Lievtenant told her she might hold it down ; and then reads the Indictment , containing Westons Actions , in the poysoning of Sir Tho. Overbury , and her Abetting him the 8 of May , 1613. All the while the Indictment was reading , the Countess of Somerset stood looking pale , troubled , and shed some few tears , and at the first naming of Weston in the Indictment , she put her Fan before her face , and there held it half covered , till the Indictment was read . Fanshaw ▪ Frances , Countess of Somerset , what sayst thou ? art thou guilty of this Felony and Murther , or not guilty ? She making an obeysance to the Lord High Steward , answered , Guilty , and with a low voyce , but wonderful fearful . My Lady upon the Arraignment having pleaded Guilty , the Proceedings after was thus : Attourney . May it please your Grace , my Lord High Steward of England , I am glad to hear the Ladies so free Acknowledgment , for Confession is noble : Those that have been formerly indicted at their Arraignments persisted in denyal , as Weston , Turner , Francklin , Elvish ; but you see this Ladies Humility and Repentance by her pleading , and certainly she cannot be but a spectacle of much Commiseration , if either you respect the Sex , a woman , or her Parentage , Honorable . But this and to morrow day is to crown Justice ; the Mercy seat is the inward part of the Temple , the Throne publique ; and therefore I do now only pray a Record of the Confession and Judgment ; but since the Peers be met together , for Honours sake it is good to declare the Kings Justice . This is the second time since the Kings coming these thirteen years , that any Peers have been arraigned , and both these times your Grace hath had the place of High Steward . The first was Gray and Cobham , and though they were convicted , yet Execution followed not ; No Noble blood hath been spilt since His Majesties Raign . The first was Revenge of Treason against Male-contents , and this of the particular offence to a private Subject against those that have been so high in the Kings grace and favour , and therefore deserves to be written in a Sun-beam ; but his being the best Master in the World , hinders him not from being the best King ; for he can as well plain a Hill , as raise a wall ; a good Lesson to put to my Lords , the Peers : He is Lievtenant to him that is no Respecter of persons . This that I shall now speak of , may be reduced to that which was acted in the Vault , and since upon the Stage . The first I will not now enter into , because I will neither grieve a Lady that is present , nor touch a Lord that is absent , my duty requires it not , and my Humility forbids it . That which hath been upon the Stage , the Theater of Gods Iustice ; you shall understand that which hath been worthily acted by the King in this whole Work of Iustice , and right well by his Ministers . Overbury dyed poysoned the 15 of September , 1613. in the Tower of London ; He was no sooner dead , but there was a certain Rumour and Muttering , that Vox Populi , that Overbury came strangely by his death ; and at that time on the contrary there was another Rumour , but that was Vox Diaboli , that he dyed of a foul disease , so foul a one , as is unfit for me to name ; but for two years after this , though Overburies blood cryed for vengeance , Vox Dei was not heard : Gloria Dei C●lare Regis perscrutare rem ; It is the Glory of God to conceal a thing , of a King to find it out ; yet all the while God so dazled the eyes of these two great Procurers and their Instruments , that the first looked not about them , the other fled not . About the beginning of the first Progress it first broke forth ; and as all Murthers are strange in their discovery , so this was miraculous , for it came out in a Complement , thus : My Lord of Shrewsbury who is now with God , commended Sir Gervise Elvis to a Councellor of State , and told him that Sir Gervise , in respect of good report he had heard made of his Honour and Worth , desired to be made known unto him ; That Councellor added , that he took it for a favour from him , but withall added , there lies a kind of heavy Imputation on him about Overburies Death , I could wish he could clear himself , or give some satisfaction in the point : This my Lord related back , and presently Elvis was struck with it , and made a kind of discovery , that some attempts were undertaken against Overbury , but took no effect as checkt by him . This Councellor weighing well the Narration from Elvis , acquainted the King with the Overture , who commanded presently that Elvis should set down his knowledg in writing , which accordingly he did , but always reserving himself , still endeavoring rather to discover others , then any else should undertake that Office , and so accuse him . The King still endeavors to search the truth of this business , gives Direction for the Examination of the Truth of it , commits it to certain Councellors ; they pick something out of him and Weston ; then the further Enquiry is delivered over to my Lord Cook , who in this Cause was very painful , took two and three hundred Examinations ; but when he found it might touch upon greater persons , then he desired some others might be joyned with him , which was accordingly granted , namely , the Lord Chancellor , Lord Steward , and the Lord Zouch ; but then there were no practices left untryed for the suppressing of the Discovery : Weston was solicited to stand mute , but at last this dumb Devil was cast out , then followed Elvis , Turner , Francklin ; all which were Actors in this Tragedy without Malice , but no Authors . Now when this Lady comes to her part , she meets Justice in the way by Confession , which is either the Corner stone of Mercy or Judgment ; yet it is said , Mercy and Truth are met together : Truth you have in her Confession , and that may be a degree to Mercy ; with me it must be , and to him in whose Power it resides , in the mean time this day must be reserved for Judgment . Now to conclude , and give you Accompt of the often Procrastinations in this business ; the first was due to Humanity , her Child-birth , the second was for reason of state , and the last had a grave and weighty Cause . These Directions the King at first gave , written with his own Hand for the Examination of this business , I desire may be read . The Kings Instructions . THere be two contrary things in this Cause to be tryed , and the verity can be but in one of them . First , whether my Lord of Somerset and my Lady were the Procurers of Overbury's death , or that this Imputation hath by some practice cast an aspersion upon them ; I would have you diligently inquire of the first , and if you find him clear , then I would have you as carefully look after the other , to the intent such practices may be discovered , and not suffered to pass without punishing . Attourney . There be other Directions in these Instructions by way of Interrogatories , that are not now necessary to be read ; let the Lords , the Peers , view these Directions from the King . None of these Interrogatories , which the King desired there should be examination upon , came away empty ; and whatsoever whispering there be abroad of the death of Weston , they all before the hour of their death confessed the fact , and dyed penitent ; and if need should require , I have brought their Confessor along , namely Doctor Whiting . Lord Steward . My Lords , you have seen and have heard these Directions under the Kings Hand , with Glory to God , and Honor to the King . Attourney . May it please your Grace , whereas Frances Countess of Somerset , as accessary before the fact of the wilful poysoning and murther of Sir Tho. Overbury , upon her Indictment she hath been Arraigned , then upon her Arraignment she hath confessed Guilty , I desire that her Confession may be recorded , and Judgment upon the Prisoner . Fanshaw . Frances Countess of Somerset , thou hast been Indicted , Arraigned , and pleaded Guilty , as accessary before the Fact of the wilful poysoning and Murther of Sir Tho. Overbury ; what canst thou say for thy self , why Judgment of death should not be pronounced against thee ? Countess . I can much aggravate , but nothing extenuate my fault ; I desire Mercy , and that the Lords would be pleased to intreat for me to the King : This she spake humbly , fearfully , and so low , that the Lord Steward could not hear it , but the Attourney related it . Attourney . The Lady is so touched with remorse and sense of her fault , that grief surprizes her from expressing of her self , but that which she hath confusedly said is to this effect , That she cannot excuse her self , but desires mercy . Sir R. Connisby sitting before the Lord High Steward ▪ rises , and upon his knees delivers him the white staff . Lord Steward . Frances Countess of Somerset , whereas thou hast been indicted , Arraigned , and pleaded Guilty , and confessed that thou hast nothing to say for thy self , it is now my part to pronounce Judgment , only thus much before ; since my Lords have heard with what Humility and grief you have confessed the Fact , I do not doubt but they will signifie so much to the Kings Majesty , and mediate for his Grace towards you , but in the mean time , according to the Law , the sentence of death must be thus : Thou must go to the Tower of London from hence , and from thence to the place of Execution , where you are to be hanged by the Neck till you be dead , and Lord have Mercy upon your Soul . The Arraignment of the Lord of Somerset , May 25. 1616. being Saturday . ANd first , what was done before the Pleading . Sergt . Cryer . O Yes , My Lord High Steward of England purposes to proceed this day to the Arraignment of Robert Earl of Somerset . O Yes , Whosoever have any Indictments touching this Cause , presently give them in ▪ The Lord Cook delivers the Indictment of my Lord of Somerset to Mr Fanshaw endorsed . Walter Les Sergeant at Arms , return the Precipe , for the Lords which thou hast warned to be here this day . O Yes , He calls every Lord by his name , and they stand up as they be called . The Lord Steward excuses the Lord Mountegle and Russel of their absence in respect of their sickness . Fanshaw . Robert Earl of Somerset , hold up thy hand ; He held it up so long , till Mr Lievtenant bid him hold it down . The Indictment is read , containing VVestons Actions in the poysoning of Sir Tho. Overbury , and his abetting of him the 8. of May , 1613. The Lord Somerset was apparelled in a plain Sattin Sute , laced with two Sattin laces in a seam , a Gown of uncut Velvit , all the sleeves laid with a Sattin lace , a pair of Gloves with Sattin tops , his George about his Neck , his Hair curl'd , his Visage pale , his Beard long , his Eyes sank in his Head , whilest his Indictment was reading he three or four times whispered to the Lievtenant . Fanshaw . Robert Earl of Somerset , what saist thou ? art thou guilty of this Felony and Murder whereof thou standest indicted , or not ? Somerset making obeysance to the Lord Steward , answered , Not guilty . Fanshaw . How wilt thou be tryed ? By God and the Country ; but presently recalling himself , said , By God and my Peers . O Yes , all you that be to give in Evidence against Robert Earl of Somerset , who stands now at the Bar upon his deliverance , make your appearance , and you shall be heard what you have to say against him . My Lord of Somerset upon his Arraignment having pleaded not guilty , the Proceeding after was thus . Robert Earl of Somerset , you have been Arraigned , and pleaded not guilty , now whatsoever you have to say in defence of your self , say it boldly without fear ; and though it be not the ordinary custom , you shall have Pen and Ink to help your memory ; but remember that God is the God of Truth ; a fault defended is a double Crime ; Hide not the verity , nor affirm not an untruth , for to deny that which is true increaseth the offence ; Take heed left your wilfulness cause the Gates of Mercy to be shut upon you . Now for you my Lords the Peers , you are to give diligent attention to that which shall be said , and you must not rest alone upon one peece of Evidence , but ground your Judgment upon the whole . This moreover I would have you remember , that though you be not sworn as common Juries upon a Book , yet you are fled in as great a Bond , your own Honors and Fidelity , and your Allegiance to the King , and thus I leave the whole Proceedings to your Censure ; and for you that be of the Kings Councel , free your discourse from all partiality , and let Truth prevail , and endeavor to make it appear . Sergeant Mountague . My Lord High Steward , and you my Lords , I know this cannot be but a heavy spectacle unto you , to see that man that not long since in a great place with a white Staff went before the King , should now at this Bar hold up his hand for blood : But this is the change of Fortune , nay I might better say the Hand of God , and Work of Justice , which is the Kings Honor . But now to the Fact . Robert Earl of Somerset stands indicted as accessary before the Fact of the wilful Murther and poysoning of Sir Tho. Overbury , done by Weston , but procured by him . This , my Lords , is your Charge ; the Indictment hath been found by men of good quality , or Knights and Esquires of the best rank and reputation , some of whose names I will be bold to read unto you , Sir Thomas Fowler , Sir Will. Slingsby , and five more , these have returned Billae Vera. VVeston at four several times gave Overbury four several Poysons , the first May 9. 1613. that Rosaker , carrying this Poyson in one hand , and the Broth in the other hand ; the second was in Iune following , and that was Arsnick ; the third was in Iuly 10 , then following , and that was Mercury Sublimate ; the fourth was on the 14 of September , and that was Mercury Sublimate in a Glister , given by VVeston , and an Apothecary yet unknown , and that killed him . Of these four several Poysons , ministred by Weston , and procured by him the 15. of Sept. 1613. Overbury dyed , and the Author is ever worse then the Act . The first Poyson laid in the Indictment that Weston gave Sir Tho. Overbury , was the 9. of May , and therefore we say , the Lord of Somerset May 8. hired , counselled and abetted Weston to that Fact : And as this ( my Lord ) I do charge you for a King ; so King David was charged in the like case for the murther of Uriah ; and though David was under his Pavilion , and Uriah in the Army , yet David was the cause of his murther : So you were in the Kings Chamber , and Overbury in the Tower , yet you were the Cause , and it is you that killed him . It was a stronger hand then Westons that wrought this ; the proof Mr Attorney will follow : And now will I conclude with desires to the Peers , that they will not expect visible Proofs in a work of darkness . The second , That whereas in an Indictment there may be things laid only for form , you are not to look that the Proof should follow that , but only that which is substantial ; and the substance only must be this , Whether my Lord of Somerset procured or caused the poysoning of Sir Thomas Overbury , or not ? Lord Steward . That indeed , my Lord , is that which you are to look after , whether my Lord Somerset was the Cause of his poysoning , or not . Cook . This was well moved by Mr Recorder , and the Law is clear in this point , that the proof must follow the substance , not the form . The Judges all rising , affirmed this to be true . This , my Lord , is certain , the Law gives form in Indictments , but only substance in Proofs . I know , my Lord High Steward , and you the Lords the Peers , that you cannot behold this Lord at the Bar without the remembrance of his former greatness , yet a Peer amongst you , and therefore I know you will be very tender in the cutting of him off from your number without good Evidence ; We , my Lords , that be to speak against him , have received an admonition from the King , to use no Invectives , but give in pertinent Evidence ; I think we should have done so howsoever , but yet we cannot but be glad of so good a Warrant ; we will therefore carry the Proof upright against all Evasion , the Evidence will bear it self . That which I am now to speak , I will divide into four Parts . The first shall be of the greatness of the Crime , not to weigh or press you down ( my Lord ) but to shew that the King was bound by his Oath to bring this Cause to Judgment , though you had been the Signet of his right Hand . The second shall be , what Proof I hold to be competent in this Case . Thirdly , I will state and sum up the Proof ▪ And fourthly , I will produce Oaths or Writings confessed . First , Of all kind of Felonies this is the greatest , and that I will urge thus : First , It is Murther , the first Record we ever read of in the Bible was a sentence upon Murther ; and though Cain was not punished with death in respect of the Primogenite , or some other secret Causes , which God reserved to himself , yet he was sentenced . Although Ioabs sentence for the Murther of Abner was respited , yet it was not forgotten , no Sanctuary could relieve him , he was taken from the Horns of the Altar . In the second Table the first forbidding Commandment is , Thou shalt not Murther . And some other most learned Rabbins that referred that Commandment where the Obedience of Parents is expressed to the first Table ; so then this is the first of the second . My second Aggravation is , that this Murther is by Poyson ; Poyson is a forraign practice , fit for Rome and her Doctrine ; It hath these three Attributes . First , It is fierce , it takes a man suddenly in Gods Peace and the Kings , when he thinks least of it . Secondly , It is easily done , and once conceived hardly prevented or discovered : Princes have their Guards about them to withstand any force or violence , and Gentlemen their Servants , for that never comes but with a noise ; whereas on the contrary , there are a number of Poysons , that they will neither distaste nor discolour that they be put into . Thirdly , It takes not only away the party maliced or meant ; it is like an Arrow shot that hath no aym ; and if Facts of this kind were not met withall by condign punishment , what society would there be amongst men ? In the 22. Hen. 8. a Poysoner ayming at one man , poysoned a dish of Barm , at this time there was a feast at the Bishop of Rochesters , that Barm was unwittingly used in Broths and boyled meats , sixteen at the Table were poysoned with it , nay it went as far as the Alms-basket , and some poor dyed of it . Well , this year Poysoning was esteemed so great an offence , that a Statute was made to make it High Treason . My third Aggravation is , That it was against the Kings Prisoner in the Tower , where the King and State were in a manner bound to answer for him ; and , my Lords , till now there hath been no Murther in that place since the Nephews of King Richard the third were there murthered by his Command . My second general Division is , What Proofs I hold to be compleat in this Case ; I hope my Lords the Peers will consider , that of all Murthers Poysoning is the most secret : And therefore to look for Testimonies direct , is to say , that they proclaim impunity ; who should have impeached Parasapis , who poysoned one side of a Knife , and eat with the other . But , my Lord , you are not to enquire of actual impoysoning , but the procuring and faciliating of it ; and that is to be an Abettor before the Fact if any middle course should be used , to the intent such a matter might be effected , if afterwards it be done . For example ; There be three intended to Rob a man , one sends a Letter to him upon some pretended business to draw him such a way , the other fearing he may carry some company with him , useth some means to divert him from that , and proffers to go with him himself , and holds him in discourse , until the third man comes upon him , and doth the fact ; certainly all these are guilty . It is not he only that slips the Dog , but he that loves the Toyl , that kills the Deer . But these things , my Lord , are so perspicuous that I will not dilate . My third Division was the stating and summing up the Proofs , and that shall be thus : First , A plain Narrative of the Fact it self . Secondly , The distribution of it into parts , and applying of the Evidence . And thirdly , The Production of Witnesses and Writings . Somerset . I humbly desire to answer every particular as it is objected against me ; my memory is short , and so I may omit to Answer some of the most principal Objections . Lord Steward . The constant course of the Court must be kept ; you cannot interrupt the Kings Councel ; they must give their Evidence entire before you come to your Answer ; you have now Pen and Ink to observe what they urge against you ; and if after you omit any thing , when you come to your Answer , you shall have all the Helps that can be afforded you . Mr Attorney . My Lord of Somerset , in substance I will answer and satisfie your Request , for you shall have three Cogitations . First , Take your aym of that that shall be objected against you in the Narrative ; then a second in the distribution of it into parts ; and lastly the third , when the Witnesses shall be produced , and more when you come to your Answer ; if you omit any thing that hath been objected against you , I will put you in mind of it . Now for the Narrative , the Friendship and familiarity betwixt my Lord of Somerset , and Sir Thomas was so great , if you beleeve him in his own Letter , but he was a Trasonical Fellow , that the Ballance had need be altered , that the greatest matters and secrets of State , which my Lord executed under the King were all communicated unto him , not whisperingly , or by peece meals , as sometimes Councellors use to do to their friends for a favor ; but Overbury took Copies , Registers , and Extracts of all that passed ; they had Ciphers between them , which went under the name of Iergins of the King and Queens name , and all the Councellors of State ; and this kind of Characterical writing is never used but by Princes , or their Embassadors ; if by others , then by such as be Practisers against them ; yet , my Lord , I charge you with no disloyalty . I remember a Speech Your Grace hath often said in Chancery , That Fraud , Frost and foul weather ; I might adde without disloyalty , of Friendship of ill men ; And so , my Lord , it proved on your part to Sir Thomas Overbury , occasioned thus , You went about an Unlawful Love , designed by my Lord of Northampton , oppugned by him under pretence of Friendship , though in truth that was not the occasion , but his Unwillingness to have any Partners in your Favour besides Himself : For He Himself writes in a Letter to you , That you won her by his Letters ; but this impetuous unbounded Fellow , Overbury , first began with Threats , in respect of the communication of Secrets ; Here upon this , there grew two streames of Hatred upon Him , one from You , and another from my Lady , but yours of a more nigher nature ; for your self confessed , That he had such hold of you He might overthrow you . There was a third stream besides these , and that came from my Lord of Northampton ; And from you three Overbury was concluded Filius Mortis . Now how this should be executed , the means for that was now to be thought on ; And for that there was but two Ways , Violence or Poyson . The first was attempted , but that failing , you fell upon the second , how should that be effected ? If he had been abroad , or at liberty , you know he had too jealous a Head to be easily entrapped ; what then was to be done one way , but was to be cooped up ? but how must that be done ? There , my Lord , you plead a pefidious part by your Plot : OVERBURY was designed for an Honorable Employment beyond the Sea , and disswaded by you , animating him to refuse the Kings Command ; upon this , for his contempt he is committed to the Tower ; when he was there must he have the liberty of the Ayr ? No ; He must be committed close Prisoner , that you might the better compass your desires . There you had him fast , there was no avoyding of it , but death must be his bane . Now for the knitting up and connection of these things , If you had not a Lievtenant to your hand , and an Under-Keeper for your purpose , all was but in vain ; and so you ordered it : for Overbury had not been five days in the Tower , but VVade was dispatched , Elvis put in , Caris his old Keeper put out , and Weston his Poysoner put unto him . And though the placing of Sir Iervise Elvis was consulted in ten days before his Imprisonment , yet all was resolved and done within five days after . Now for the last Act of the Tragedy ; When he was there , and close Prisoner , none of his Friends might come to him , neither Father , nor Kindred , nor his Servants , nor none but his Poysoner . Now Franklin was sent for , he must buy Poysons , not such as would quickly kill him , but by degrees , to avoyd all suspicion . And then there was nothing came to him , Salt , Sauces , Tarts , Medicines , Glysters , that were not poysoned . All the Petitionary means that were either made by him or his Friends , for his Liberty , were stopped , though entertained by you my Lord of Somerset ; You used him as Fortune-Tellers do poor people in the Country , hold them in a Tale while they steal away their purse . Now my Lord of Somerset , for the distributing of it into parts , and applying the evidence to make you guilty , we will Prove it by matter precedent , present , and subsequent . First , There was a mortal hatred on your part against Sir Tho. Overbury . Secondly , You used the means to expose him to the Tower , and there to keep him close Prisoner . After these two I will follow the Proofs my self . Now for matter present , That your hand was in poysoning Overbury , directed , delivered Poysons , thirsted after the news ; The prosecution of this I leave to speak of . After his death you took the course that every guilty man would do in such a case , suppressing Testimony , Letters , and going about to get a pardon . Now for a hate of Sir Tho. Overbury , together with a fear of his revealing of secrets ; You made a vow that he should neither live in Court or Country , that if he came out of the Tower one of you two must dye . Now of Overburies part he writes to you , That if he dye , your shame shall never dye ; prays God you repent not the neglect of him in that place from whence he writes to you . Now by way of exclusion you cannot alledg , That this your hatred to him , and plotting his Commitment , was in respect to your Wife ; why then did you not suffer him to go beyond Sea ? No , the bargain was made , the poysons were ready ; there were some secrets , together with your malice towards him , was so great , that there was no safe course for you , in your opinion , but this death . And for the producing of my proofs I will use this course ; Those Examinations that have been taken upon Oath shall be here read , the witnesses also I have caused to be here , that they may be sworn , and to justifie or deny what they hear read ; and to diminish or add to their Examinations : And beside , that you my Lord of Somerset , and you my Lords the Peers , may ask them what further questions you please . Tho. Payton , Sir Thomas his Servant : He saw a Letter of his Masters , whose hand he knew to be my Lord of Somersets , wherein were these words , If I dye , my blood lie upon you . And in that or another Letter there was this clause , You are now as good as your word , you have kept your vow to me ; Moreover , that in the privy gallery in Whitehall my Lord of Somerset coming late to his Chamber met there with Sir Tho. Overbury ; How now , says my Lord , are you up yet ? Nay , answered Sir Thomas Overbury , what makes you here at this time of the night ? Will you never leave the company of the base Woman ? and seeing you do so neglect mine advise , I desire that to morrow morning we may part , and that you will let me have that portion you know is due to me ; And then I will leave you free to your self , to stand upon your own legs . My Lord answered , His legs were strong enough to bear himself , and so departed in great displeasure , and to his knowledg they were never perfectly reconciled again : And being asked how he heard this discourse , He said , it was in the dead of the night ; and he being in a room within the Gallery , heard all that passed . Henry Payton . I acknowledge every part of this Examination to be true , and more , That my Master being in the Tower , he sent a Letter by Weston to me to carry to my Lord ; and more , to deliver my Lord this message , That the powder he had sent him made him very sick , and gave him in one night sixty stools , beside vomits . This Letter I carryed to the Court , and delivered to Mr Rawlin to carry in to my Lord , who was then in his Chamber . My Lord presently came out and asked me how my Master did , I told him , very sick ; and withall this message , and how the Physick had wrought with him ; My Lord smiled , and said , Pish , and so turned him away . Lawrence Davis , Sir Thomas Overburies Servant , Saith , That he hath heard his Master say , that he would have gone Embassador , but that my Lord of Rochester disswaded him ; He hath seen some Letters of Sir Thomas Overburies , wherein he wrote , My Lord of Rochester was even with him ; but he thinks he never saw those passages . Somerset . I pray you my Lords note ; He says , I never saw the passages . Attorney . It is true , those Letters were lost , but easier found by him who knew his Master Sir Tho. Overburies hand . Sir Thomas Overburies Letter . Is this the fruit of my care and love to you ? Be these the fruits of common secrets , common dangers ? As a man you cannot suffer me to lie in this misery , yet your behavior betrays you : All that I entreat of you is , that you would free me from this place , and that we part friends : Drive me not into extremities , lest I say something that you and I may both repent : and I pray God you repent not the emission of this my counsel in this place from whence I now write this Letter . Wentworth . How did you know these Letters were sent from him to my Lord of Somerset . Attorney . It is true that those letters were lost , but after found by him who knew his Master Sir Tho. Overburies hand . Cook . They were found in a Cabinet amongst some other things left in Trust by my Lord of Somerset with Sir Robert Cotton , who fearing searches delivers them to a Friend of his in Holborn , one Mistriss Farnforth ; she , to the intent they might be safely kept , sent them to a Merchants House in Cheapside , where some seven Moneths before she had lodged , and desires they might be safely kept for her , pretending they were some Writings which concern her Ioyature . On Saint Thomas day she her self comes to have them again , saying , she must carry them to her Councel to peruse : If you will , suffer me to open it before you ( says the Merchant , ) and that there be nothing else , you shall have them . But she by no means would consent to the breaking of it open : Then he answered , It is a troublesom time , I will go to the Lord Chief Iustice , and if he finde no other Writings but such as concern you , you shal have them again . So coming to my Chamber , and not finding me within , ( for I was gone to Pauls to the Sermon ) He went to my Lord Zouch , one of the appointed Commissioners for this Cause , who he himself would not break it open , but came to Pauls to me , and in a by-room brake it open , and found in it many Letters , which were disadvantagious to my Lord of Somerset . These matters being made evident , need no further to be amplified ; For my Lord , As it is a principle in Nature , That the best things are in their corruption the worst ; And the sweetest wine makes the sharpest Vineger ; So fell it out with my Lord of Somerset and Sir Thomas Overbury , that this access ( as I may call it ) of Friendship ended in mortal hatred on my Lord of Somersets part . The Indictment being found , my Lord High Steward , confirmed with the Opinion of the other Judges , did pronounce the Sentence of Death upon my Lord of Somerset , and so the Court dissolved . FINIS . A95750 ---- A nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy. Evinced by their tyranicall persecution of that reverend, learned, pious, and worthy minister in Jesus Christ, Mr. John Udall, in the raigne of Queene Elizabeth. To give satisfaction to all those that blindely endeavour to uphold episcopall government, that their lordly rule in the purest times of the said queene, is the very same with that they have exercised ever since, even to these times. Together with the prelates devises to make him submit, and to subscribe to submissions of their own contriving and invention. And also King James his letter out of Scotland to the queene, in the behalfe of Mr. Vdall and all other persecuted ministers in her realme. Udall, John, 1560?-1592. This text is an enriched version of the TCP digital transcription A95750 of text R212794 in the English Short Title Catalog (Thomason E87_6). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 168 KB of XML-encoded text transcribed from 27 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A95750 Wing U14 Thomason E87_6 ESTC R212794 99871364 99871364 123774 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A95750) Transcribed from: (Early English Books Online ; image set 123774) Images scanned from microfilm: (Thomason Tracts ; 15:E87[6]) A nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy. Evinced by their tyranicall persecution of that reverend, learned, pious, and worthy minister in Jesus Christ, Mr. John Udall, in the raigne of Queene Elizabeth. To give satisfaction to all those that blindely endeavour to uphold episcopall government, that their lordly rule in the purest times of the said queene, is the very same with that they have exercised ever since, even to these times. Together with the prelates devises to make him submit, and to subscribe to submissions of their own contriving and invention. And also King James his letter out of Scotland to the queene, in the behalfe of Mr. Vdall and all other persecuted ministers in her realme. Udall, John, 1560?-1592. James I, King of England, 1566-1625. [8], 44 p. Printed for Stephen Bowtell, and are to be sold at his shop in Popes-head-Alley, London : 1643. Annotation on Thomason copy: "Jan: 31 1642". Reproduction of the original in the British Library. eng Church of England -- Government -- Early works to 1800. Bishops -- England -- Early works to 1800. A95750 R212794 (Thomason E87_6). civilwar no A nevv discovery of old pontificall practises for the maintenance of the prelates authority and hierarchy.: Evinced by their tyranicall per Udall, John 1643 29526 314 5 0 0 0 0 108 F The rate of 108 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 Emma (Leeson) Huber Sampled and proofread 2007-07 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A NEW DISCOVERY OF Old Pontificall Practises For the maintenance of the PRELATES Authority and HIERARCHY . EVINCED By their Tyrannicall persecution of that Reverend , Learned , Pious , and worthy Minister of JESUS CHRIST , Mr. JOHN UDALL , in the Raigne of Queene Elizabeth . To give satisfaction to all those that blindely endeavour to uphold Episcopall Government , that their Lordly Rule in the purest times of the said Queene , is the very same with that they have exercised ever since , even to these times . Together with the Prelates devises to make him submit , and to subscribe to submissions of their own contriving and invention . And also King JAMES his Letter out of Scotland to the Queene , in the behalfe of Mr. Vdall and other persesecuted Ministers in her Realme . My Sonne feare thou the Lord and the King : and meddle not with them that are given to change . Prov. 24. 21. London , Printed for Stephen Bowtell , and are to be sold at his Shop in Popes-head-Alley , 1643. AN INTRODUCTION By way of ADVERTISEMENT To the READER . IN these prejudicate opinionated times it is difficult to give satisfaction , that the Bishops illegall and unconscionable courses , have alwaies , without any variation , bin one and the same ; but if the impartiall Reader will deigne to peruse this ensuing Relation of Mr. Vdalls harsh usuage by ▪ them , he shall finde no mutation , neither in their Councells nor Actions : They were persecuters from all Antiquity , of such as disclosed the dissonancy , betweene their Authority , and the true rule of the word of God , as all Ancient and Neoterick Histories record , both Domestick and Exoticke : And in this Kingdome , they have not onely vented their fury against good men in the times of Popery as in the Raignes of King Edward the third , Richard the second ▪ and Henry the fourth ; against Iohn Wicklisse , and such as they termed Lollards , even untill the Raignes of King Edward the fixt , and Queene Elizabeth , but also in her time , when Popery was relegated , and the Protestant Religion began to dispell the misty fog of errour and Ignorance ; yet the reliques of Darknesse could not endure the true light of perfect Reformation ; which this worthy Person Mr. Vdall , striving to introduce , was by the instigation of the Prelates , hurried from his Ministery at Newcastle , in the depth of Winter and in the bitterest weather that could be , brought to be Examined by the Lords of the Queenes Councell ; and because contrary to the Laws of the Land , he would not betray himselfe , he was by them committed to the Gate-house , and there to be kept close Prisoner , and not to be suffered to have pen , inke or paper , or any body to speake with him , his wife being also debarred his company , and his Chamber-fellowes being professed Papists , Seminary Priests and Traytors : from thence he was conveyed to the White Lyon in Southwarke , and at the Assises holden in Croydon , 24 ●uly , 1590. was brought to the Bar with Fetters on his Leggs , and there Indited for malitiously publishing a scandalous and infamous Libell against the Queene , and no testimonies viv . ● voce produced to attest the same , but only depositions of men taken in the High Commission Court , ( which by the Laws of the Land was no Court of Record ) and Reports upon heare-say urged against him , his witnesses not being permitted to testifie in his behalfe , because it was against the Queene , ( which notwithstanding the Laws allow , both in Felony and in Treason ) and the words of the Stature 23 Eliz. cap. 2. wrested by the Judges , viz. Baron Clarke and Serjeant Puckering , that because the Booke of Demonstration of Discipline , whereof he was supposed the Author , and for which he was then Indited , was against the Bishops that exercised the Government appointed them by the Queene , therefore by consequent it was against her Royall Person ; and because that he strove against the Prelates , who were put in Authority by the Queene , therefore he did strive against her , which was contrary to the Maxime of Law , That no penall or criminall Statute which concerneth a mans life , ought to ●e extended beyond the power of naturall words of the same ( such an awing power have the Bishops alwaies carried over the Laws , Judges and Lawyers , as to over-rule them all , and to make them sing ●lacebo ) and then the said Judges directed the Jury to finde him the Author of that Booke , without legall proofe , and to leave the Felony to them , which they said , was resolved by all the Judges of the Land , and the Jury for feare complying with them , found him guilty of Felony , being drawn thereunto by a promise , that it should be no further danger unto him but tend to his good ; for which afterwards , they were exceedingly grieved and troubled . Then they kept him in durance for halfe a yeare uncondemned and at the Assises in February after , holden in Southwarke , used all the meanes and perswasions they could exc●gitate , to make him submit and relinquish his Tenets against the Bishops , which he refusing to yeeld unto , had the sentence of death pronounced against him by Puckering , but they not daring to execute him , because his Adertions were the constant Doctrine of all the Reformed Churches in Christendom , he was Reprived by the Queenes speciall Command , then the Court Chaplaines repaired unto him , and tendered ready written submissions unto him , which he rejected ; and being perswaded by a friend of his to solicite Sir Walter ●awleigh to obtaine his pardon and freedom , he wrote unto him , and sent him also a Confession of the severall points which he maintained ; in the interim came unto him Dr. Nowe●● Deane of Pauls , a man in those daies famous for his Learning and pretended piety , who brought another submission unto him , whereunto he at the first refused to subscribe ; but after some advice and consideration he assented and attested it ; but afterwards perceiving that this was a trick of Legerdemaine used by the Deane , ( who had ingaged the word and faith of a Christian ▪ to obtaine his Remission and Liberty ) which would be a meanes to hasten his end , he wrote to the Deane modestly ▪ reprehending him for that prestigious device , desi●ing him to leave no stone unturned , that might further his Liberty , or at least to cleare his own conscience from being any way Accessary to his death . While these affaires were in agitation , JAMES King of Scotland wrote a Letter to the Queene , wherein he requested , that Mr. Vdall , Mr. Car●wright and other Ministers of the Gospell in her Realme for their dissent from the Bishops and others of her Clergy , touching matters of Conscience , might not be hardly dealt with , but that at his intercession they might be released from their Restraints , and not further prosecuted for their professions of the Gospell and their Consciences , &c. Hereupon Mr. Vdall , who was conveyed to the Assises at Kingston , and as was supposed , should have bin executed there , was immediately returned from thence by the Judges unto the White Lyon , in the Evening before the first day thereof : And afterwards geting a Copy of his Inditement ▪ by the Lord Treasurers procurement , he framed a pardon upon the same and sent it to the Privy Councell ▪ who r●ferred him to the Arch-Bishop ; but his anger was still immortall , neither would he relent , or condiscend to his freedom , notwithstanding all his Petitions nor all the entreaties of Honourable persons , and others of good quality that mediated for him . At last the Turky Marchants sued to the Arch-Bishop , that hee might goe into Guinea to teach their Traffiquers in that place , who assented thereunto upon condition , that they would be bound he should goe as soone as he had his liberty , but when 2 of the ancients of that Company desired to have the Arch-Bishops hand thereunto , he refused to subscribe , unlesse they would be bound not only for his present departure but that he should remaine there untill he had the Queenes Licence to returne againe into England &c. These premises being duly perpended , let any indifferent man give a solid reason , why such Episcopall Government should be restored ; for how they deported themselves in those pure times of Queene Elizabeth , ( as it is now termed ) by this Relation is made apparent ; and in the time of King James there was no alteration , for it is well knowne that they persecuted Mr. Dighton and other good men for meere Ceremonies , and silenced also many worthy Ministers in his Raigne ; yet it is observable that they seduced that Learned King , after he once came amongst them ; and that is evident by the difference betweene his Letter in this Relation , and his conclusive sentence to maintaine the Prelates Authority , at the Conference at Hampton Court , in the first yeare of his Raigne . Likewise in this King Charles his time ▪ they have stopped the mouths of sedulous and faithfull Preachers ; they have abolished Lectures , mutilated , stigmatized , whipped and tortured sundry of the Clergy and Laity , as Mr. Burton Dr. Bastwicke , Mr. Prynne , Dr. Leighton and others , for disclosing their Tyranny and abuses : and yet some sillie men are so farre enamoured of them that they had rather a destructive Episcopacy should roughly sway in this Kingdome , then that a preservative Parliament should free both Clergy and Laity from such Scorpions stings . And since experience in all ages evinceth , that wheresoever Episcopacy is , there will be Tyranny therefore all the truely Reformed Churches in Europe have abolished the cause , that thereby the effect might also be utterly extinguished . To conclude , this pious and worthy person Mr Iohn Vdall , ( as this ensuing Relation testifieth ) stood firme and constant for the Reforma●ion even to death , and would not be deterred from it , though strictly imprisoned , fettered , condemned , and bereft of all worldly comforts , which should prove a Mirrour to all of that Tribe , but especially to his own Posterity , to instruct them not to deflect from so singular a patterne , and deviate into oblique and erroneous courses lest those objurgations of the Prophet be justly applied to them , as namely Hosea 7. 11. Ephraim is also like a Dove deceived , without heart : they call to Egypt ; they goe to Ashur , &c. The same is reiterated , Hosea 12. 1. Ephraim is fed with the winde , and followeth after the East winde , he increaseth daily lies and destruction , and they do make a Covenant with Ashur , and oyle is carried into Egypt . And these places of Scripture may one day heavily reflect upon Mr. Ephraim Vdall his Sonne unworthy of such a Father , who hath forgotten to follow his Fathers steps , but runeth a retrograde course from them , in erecting a new Raile at his own charge about the Communion Table in his Church , since the former was removed by the Order of Parliament ; and delivering the Elements to none but those that come up to his Rayle ; and denied to subscribe for moneys for the defence of the King and Parliament ; refusing to read the Orders that come from the Parliament or Lord Major of London , but none was so forward as lie in permiting the Booke of sports on the Lords day and the Prayer against the Scots to be read in his Church , and as it seemeth , he loveth the Parliament so litle that hee never prayeth for good successe to their Army , but on the contrary he prayeth , That the hand of vengeance may strike such as take up Armes against the King : And no one can judge , but that the intent of such expressions are onely the calling for vengeance on the heads of those , who endeavor to defend Religion , Laws and Liberties , against those Trayterous and wicked Counsellours which have too much entercourse with his Majesty . And by report , his House is a receptacle for disaffected Ministers that frequently resort thither , and as it may be conjectured by the persons , little good is hatched amongst them ; and he is growne into such estimation with Birds of that feather , that Doctors , Proctors and such Malecontents against the Parliament are his constant Auditors . The Apostles Councell is good and salubrious , Study to be quiet and do your own businesse , 1 Thess 4. 11. which if all perverse Spirits would have practised ▪ these miserable distracters would never have ingulphed us in this unnaturall War . Farewell The Particular EXAMINATIONS , Arraignement and Condemnation , of IOHN VDALL , Minister of the word of GOD , together with such things as passed betweene him and others by occasion thereof . SEeing you desire to understand the particular things that have passed betwixt mee and them in authority , that have from time to time molested mee ; I am willing to satisfie you at this time , in that which concerneth this my last and greatest trouble , that ever befell me ; for that it brought me to Prison , referring you to get the former of ▪ &c. by such meanes as you may , and to learne the particulars of my Arraignement of those that heard it , seeing it was at the publike Assises , in the presence of many hundreds , divers whereof I thinke were both able and willing to t●ke note thereof . After that I was silenced at Kingston ( in manner as appeareth in the papers that contain a particular remembrance of the same ) I rested about hal a yeer preparing my selfe to a private life for that I saw so little hope of returne into my ministery , or any rest in it , to the good of the Church . But God would not have it so : For meanes were made by some , that feared God in Newcastle upon Tyne to the Earle of Huntington to send me thither who did so and I was received thither in such sort as contented mee , and joyned in the ministery of the word there with two godly men , Mr. Houldesworth the Pastor , and Mr. Bamford a teacher , through whose joynt l●bours God vouchsafed so to draw the people to the love of the word , ( no●withstanding that the Plague was grievous in the Towne all the while I was there , and consumed above 2000 of the Inhabitan●s ) as we had hope in time to see much fruit and receive great comfort of our labours . But the enemy so envyed the same that after a Yeares abode there , I was fetched thence by letters from the Lord Hunsdon Lord Chamberlaine in the name of the whole councell . Whereupon I came thence , December●9 1589. in the forest weather that could bee , yet through Gods mercy I and Christopher Applebie ( whom the Major appointed to conduct me ) came safe to London , Ianuary 9 ▪ and upon the 13. being Tuesday I appeared at my Lo. Cobhams house in the Blackfryers , before my L. Cobham , my Lo. Buckhurst , my L. Anderson , the Bish. of Rochester , Mr. Fort●scue , Mr. Egerton , the Queens solicitor , Doctor Aubery ▪ Doct. Lewen . Then was I called in before them , whereupon my Lord Anderson said unto me . Anderson . How long have you bin a●Newcastle ? Vdall . About a yeere if it please your Lordship . Anderson . Why went you from Kingston upon Thames ? Vdall Because I was silenced there , and was called to Newcastle . Rochester . What calling had you thither ? Vdall . The people made meanes to my Lord of Huntingdon , who sent mee thither . Roch. Had you the allowance of the Bishop of that Diocesse ? Vdall . There was none at that time . Roch. Then you should have gone to the Archbishop . Vdall . There was no Archbishop at Yorke neither . Anders . You are called hither to answer concerning certaine books which are thoug●t to be of your making . Vda . If it be for any of Martins bookes ( according as my Lord Chamberlaines letters that fetched me import ) I have already answered , and am ready so to doe againe . Ander . Where have you answered , and in what manner ? Vda . At Lambeth a yeere and a halfe agoe , I cleared my selfe not to bee the author , nor to know who he was . Ander . Is this true Mr. Beadle ? Beadle . I have heard that their was such a thing , but I was not there at it , if it please your Lordship . Aubery , Lewen There was such a thing , as my Lords Grace told us . Vda . I am the hardlier dealt withall to bee fetched up so farre at this time of the yeere . I have had a journey I would not wish unto my enemy . Roch. You may thanke your owne dealing in matters that you should not have medled withall . Ander . It is more then I heard that ever you were called to answer , but you are to answer concerning other bookes . Vda . I hope your Lordships will not urge mee to any others , seeing I was sent for about those . Ander . You must answer to others also : what say you to those Bookes , A Demonstration or a Dialogue . &c. did you not make them ? Vda . I cannot answer thereunto . Ander . Why would you cleere your selfe of Martin , and not of these , but that you are guilty herein ? Vda . Not so my Lord , I have reason to answer in the one , but not in the other . Ander . I pray you let us heare what reason , for I cannot conceive of it , seeing they are all written concerning one matter . V. This is the matter my Lo , I hold the matter propos'd in them al to be one but I would not be thought to handle it in that manner , which the former Bookes doe , and because I thinke otherwise of the latter , I care not though they should be fathered upon mee . Buckhu . But I pray you tell me know you not Penry ? Vda . Yes my Lord that I doe . Buckhu . And doe you not know him to be Martin . Vda . No surely , neither doe I thinke him to be Martin . Buck . What is your Reason ? Vda . This my Lord , when first it came out he ( understanding that some gave out that he was thought to bee the author , wrote a letter to a friend in London , wherein he did deny it , with such tearmes as declare him to bee ignorant and cleere in it . Buck . Where is that letter ? Vda . Indeed I cannot now shew you , for I have forgotten unto whom it was written . Buck . You will not tell where it is . Vda . Why my Lord it tendeth to the clearing of one and the accusing of none . Buck . Can you tell where Penry is ? Vda . No surely my Lord . Buck . When did you see him ? Vda . About a quarter of a yeere ago . Buck . Where ●id you see him ? Vda . He called at my doore and saluted mee . Buck . Nay he remained belike with you ? Vda . No indeed he neither came in my house , neither did hee so much as drinke with mee . Buck . How came you acquainted with him . Vda . I thinke at Cambridge , but I have beene often in his Company Buck . Where . Vda . At divers places , and namely in mine owne house whilest I dwelt at Kingston . Buck . What cause had you to be so often in his company ? Vda . He being a Scholler & Student in Divinity , and one whom I alwaies thought to be an honest man your Lordship may easily conceive he cause . Here was much to this same effect spoken about Mr. Penry and my being at Mrs. Cranes house at Moulsley and with her , &c. which I alwaies answered , as in the like case concerning M. Horton of Richmond before the Archbishop . Then Doctor Lewen reading my answers to those questions , that had beene by the Archbishop propounded unto me concerning my papers in my study , and namely the notes of my severall conferences , with the Bishops and their Officer ▪ I was asked as I remember by Mr. Fortescue . Fortescue . Why did you pen such things and keepe them . Roch. Because he and such like might apisbly imitate the Mart●rs of former times , and accompt themselves persecuted by us as those were by the Popish Bishops . Vda . The cause is this , for that in the quicknesse of wit and readinesse of memory in youth those things may be spoken , that in age will be more easily made use of in writing then otherwise , the memory of man not being infinite . Ander . What say you did you make these bookes , or know you who made them ? Vda . I cannot answer to that question , my Lord . Ander . You had as good say you were the author . Vda . That will not follow ; but if you thinke so , I cannot do withall . Cobha . Mr. Vdall if you be not the author say so , and if you be confesse it , you may find favour . Vdall . My Lord I thinke the author for any thing I know did well and I know that he is enquired after to be punished & therefore I think it my duty to hinder the finding of him out , which I cannot do better then thuss Ander . And why so I pray you ? Vda . Because if every one that is suspected do deny it , the author at the length must needs be found out . Ander . Why dare you not confesse it if you be the author of it ? dare you not stand to your owne doings ? Vda . I professed before that I lik'd of the bookes and the matter handled in them , but whether I made them or no I will not answer , neither of any other book of that argument , whatsoever goeth without name if you should aske me for the reason alleadged before , besides that if I were the author I thinke that by Law I need not answer . Ander . That is true if it concerned the losse of your life . Vda . I pray your Lordship , doth not the Law say generally No man shall be put to answer without pres●ntment before Iustices or things of record , or by due processe or writ originall , &c. A●no 42. Edw. 3. cap ▪ 5. Ander . That is Law and it is on t Law . Vda . I understand you not my Lord , It is a Statute which is in force if it be not repealed . Ander . I tell you by law you ought to answer in this case ▪ Vda . Good my Lord shew me this favour to tell me in what booke of the Law I shall find it , for I professe to understand , the Latine , French , and English tongues , wherein all the lawes be written . Fortescue . You are very cunning in the law , I pray you by what law did you preach at New●astle being f●rbidden at Kingston . Vd. I Know no law against it , seeing it was the official Doctor Hone , who did silence me , whose authority reacheth , not out of his Arch-deaconry . Fortescue . What was the cause for which you were silenced ? Vda . Surely I cannot tell nor yet imagine saving the secret suggestions of Mr ▪ Harvie Fortescue . To bee ignorant of that , is crassa et supina ignorantia . Vda . No Sir the action was crassa et supina injurta . And. Well what say ●●u to those books , who made them and where were they printed . Vda . Though I could tell your Lordship , yet dare I not for the reasons before alleadged . Roch. I pray you let me aske you a question or two concerning your booke . Vda . It is not yet proved to bee mine , but I will answer to any thing concerning the matter of the Booke so farre as I know . Roch. You call it a Demonstration , I pray you what is a Demonstration ? I beleeve you know not what it is . Vda . If you had asked me that question when I was a boy in Cambridge of a yeers standing it had been● a note of ignorance in mee , to have beene unable to answer you . Roch. Surely it seemeth by the frame of the Syllogismes and reasons , in it , that you know it not if you be the author of that booke , I read none of it late , but in the Parliament time sitting in a morning in the house I read some of it , and it seemed to mee in many things , not to conclude probably much lesse demonstratively . Vda . I will shew you as I take it why the author called it a Demonstration , because the reason which is usually brought to prove the conclusions is commonly drawne from a place of Scripture , which hath more force in it to manifest the conclusion {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} then any of Aristotles proofes drawne as they say , ex primis , veris , necessarijs et immediatis causis . Roch. Indeed that which is proved by the Scrip●ures is proved most Demonstratively , but the proofes in that Booke are far from any such . Vda . Let that be the question and try it in some one . Ander . My Lord of Rochester , I pray you let us make short worke with him , offer him a Booke ; will you sweare to answer to such things as shall be demanded of you in the behalfe of our Soveraigne Lady the Queene ? Vda . I will take an oath of Allegiance to her Majesty , wherein I will acknowledge her Supremacy according to Statute , and promise my obedience as becometh a Subject , but to sweare to accuse my selfe or others , I thinke you have no Law for it . Ander . Mr. Soliciter , I pray you tell him the Law in this point . Then Mr. Solliciter ( who had sitten all the while very soberly , noteing what passed ( and if a mans mind may be knowne by his countenance seemed to mislike the course holden against me , upon my Lord Andersons commandement ) stood up , and puting off his hat unto me said : Eger . Mr. Vdall , I am sorry that you will not answer nor take an oath , which by Law you ought to doe : I can assure you , your Answers are like the Seminary Priests Answers , for they say , there is no Law to compell them to take an oath to accuse themselves . Vda . Sir , If it be a liberty by Law , there is no reason why they should not challenge it , for ( though they be very bad ones ) they are Subjects ▪ and untill they be condemned by Law , may require all the benefits of Subjects , neither is that any reason , that their Answering so , should make the claime of lesse value for me , seeing that herein we are Subjects alike , though otherwise of a most contrary disposition . Buck . My Lord , it is no standing with him thus , what sayest thou , wilt thou take the oath ? Vda . My Lord , I have said as much thereunto as I can . Then they commanded me to goe forth , and they consulted a little space and called me againe , at which time almost every one of them , used many words to perswade me to a confesse a truth , saying the Queene was mercifull , and that otherwise it would goe hardly with me : to whom I said , My Lords , I know not that I have offended her Majesty , when it is proved that I have I hope her mercy will not then be too late , howsoever it bee I dare not take this oath . Awbery Lewen . You have heretofore taken it , and why will you not take it now ? Vda . Indeed you call to remembrance a good reason to refuse it , I was called to Answer to certaine Articles upon mine oath heretofore , which I voluntarily did , and freely confessed that against my selfe , concerning my iudgement and preaching of the points of Discipline , which could never have bin proved ; and when my friends labored to have me restored to my place ; the Arch-Bishop answered , that there was sufficient matter against me , by mine own confession , why I should not be restored ; whereupon I Covenanted with mine own heart , never to be mine own tormentor in that sort againe . And. Whatsoever be the issue of it , you must do your duty and deale plainely with the Magistrate . Vda . I take my duty to be in this case , not to answer , nor the Magistrats to require it of me , seeing the Apostle saith , Receive not an accusation against an Elder ▪ under two or three witnesses , which Semanca the Spanish Inquisitor alleadgeth to the same purpose . Buck . What , you are an Elder are you ? Vda . My Lord , howsoever the word Elder be taken , whether so largely as I and any Brethren that desire the Discipline do take it , or only for a Minister of the word , as our adversaries understand it , I am an Elder . Roch. It is true my Lord , that an Elder in that place containeth all such as he is , but none else . Buck . Yea but they would have other Elders to governe the Church , which desire of theirs , when it cometh to passe , I will give over my Barony , and become an Elder . Vda . If your Lorship understood what great paines and small worldly recompence belongeth to that office , you would never say so . Roch. The day is past , and we must make an end , will you take the Oath ? Vda . I dare not take it . Roch. Then you must goe to prison , and it will goe hard with you ▪ for you must remaine there untill you be glad to take it . Vda . Gods will be done , I had rather goe to prison with a good conscience ▪ then to be at liberty with an ill one . Roch. Your sentence f●r this time is to goe to the Gate-house close Prisoner , and you are beholding to my Lords here , that they have heard you so long . Vda . I acknowledge it , and do humbly thanke their Honours for it . And when they were all gon , my Lord Cobham stayed me to speake to me , who told me that it might be , he and others wished things to be amended as ▪ well as I , but the time served not , and therefore he wished me not to stand in it , and I praying his Lordships good favour , he promised to do for me what he could , for which I humbly thanked him , and so was carried to the Gate-house by a Messenger , who delivered me with a Warrant to be kept close prisoner , and not be suffered to have pen inke or paper ▪ or any body to speak with me . Thus I remained there halfe a yeare , in all which time my wife could not get leave to come unto me , saying only that in the heareing of the Keeper she might speake to me , and I to her , of such things as he should thinke meet , notwithstanding that she made suit to the Commissioners , yea unto the body of the Councell , for some more liberty : all which time my Chamber fellowes were Seminary Priests , Traytors and professed Papists . At the end of halfe a yeare , I was removed to the VVhite-Lyon in Southwarke , and so carried to the Assises at Croydon , where what was done , I will not mention , seeing there were present such as were both able , and I th●nk willing to set down , unto whose report I refer those that would know the same . A collection of such things as were truely gathered concerning the Arraignement of Mr. John Udall , at the Assises at Croydon the 24. and 25. of Iuly , 1590. noted faithfully by such as were beholders of the same . MAster Iohn Vdall , Minister of the word of God at Newcastle in the North , being suspected to be the Author of a Booke , called a Demonstration of Discipline , was sent for to come to London , who at his comming was committed close prisoner at the Gate-house at Westminster , from whence ( after he had b●n kept close there the space of six moneths and above ) he was in like manner committed to the prison of the White Lyon in Southwarck , and from thence the 22. of Iuly , was carried to the Assises held at Croydon in the County of Surrey , where were appointed for that Assises to be Judges , Baron Clarke and Serjeant Puckering , who according to the custome , gave the charge of the Assises : wherein Baron Clarke shewed the intent of their comming thither , which he referred to 3 heads , viz. The safety of the Church , the good of the Common wealth , and the preservation and honour of her most Excellent Majesty : And then speaking of these in particular , he shewed the great use and necessity of Laws , and giving our Laws their due commendation , hee preferred them before all other Laws of any other Nation in the world , and further declared how neere they were for outward government , to the Laws of God ▪ wherein he noted some particulars of them ; shewing that as the Laws of God did condemne Blasphemers ▪ Idolaters , prophaners of the Sabath rebellious and disobedient against Superiours . Murtherers Adulterers , Thieves , raylers , and false witnesses : for most of these or all of them , hee shewed particular Statutes of our land that condemned them , and shewed the punishments of them . Then he shewed , that as the law of God would not have any to be condemned , but their cause must first be heard , and that not in corners , but in the gates and publique places , that all might heare and see with what equity they were dealt withall : so also our laws condemned none but in publique places , and those that were accused had free liberty to say what they could for themselves ; and as the law of God condemned none , but in publique places , and when there were witnesses to prove the guiltinesse of the offenders ; so also our law condemneth none but plaine evidences and true witnesses must be produced against them . Many other things he spake of , which is too long to rehearse , but this is the sum of it : After the charge given , the prisoners were brought forth , amongst whom Mr. Vdal● came , having fetters on his leggs , which moved many greatly to lament to see a Minister of the Gospell , brought the foremost as principall of so many Malefactors : then were the prisoners called by name ▪ and answered severally to their names , who were no further dealt withall for that time , by reason of many other things that the Judges were busied withall : the next day in the morning , the Iudges being set , and the prisoners standing at the Bar , one Iohn Pepper a felon and a robber by the high way , was called forth to answer to his Inditement , and according to the order he held up his hand at the Bar and pleaded for himselfe , that he was not guilty ; and being demanded by whom he would be tried , he referred himselfe to be tried by God and and the Country : After whom there were five or six others called , and were tried as the first was . Then was Mr. Vdall called and commanded to hold up his hand at the Bar , who held up his hand accordingly . Then was his Inditement read , being thus : Iohn Vdall , late of London Clerke , thou art indited &c. The forme of which Inditement was as against murtherers , namely , that he not having the feare of God before his eyes but being stirred up by the instigation and motion of the Devill , did maliciously publish a slanderous and infamous libell against the Queenes Majesty , her Crown and Dignity : and being asked wheteher he were guilty or not guilty ? he answered thus : Vda . My Lords ▪ may it please you to heare me a word or two . Iud. Cla. Answer first to the Iuditement and then you shall be heard . Vda , My Lords I beseech you heare me first a word or twaine . Iud. Say on . Vda . My case is rare , and such as hath not bin heard of heretofore , and consisteth upon divers points of law , I humbly crave of your Lordships to grant me to Answere by Councell if it may be . Iud. Cl. You cannot have it , and therefore answer to your Inditement . Vda . Then I answer ( my Lrods ) that I am not guilty . Iud. Cl. How wil● thou he tried ? Vda ▪ I do desire to be tried by an Inquest of learned men , but seeing I shall not I am contented to be tried by the ordinary course as these men before me are , that is ( as you use to say ) By God and the Country . Then the Clerke of the Assises said to the parties A raigned ( after he had read the names of the Iury before them ) These men whose names you have heard , are to goe upon your lives and your deaths , loooke upon them when they are called to be sworne ▪ and if you know any cause , take exception against them . Then the rest of the Felons haveing nothing to say , Mr. Vdall said My Lords , I am ignorant of the law in this point , I pray you therefore shew me the manner of challenging the Jury , how many I may challenge , and whether I may render a reason of the same . Iu. I think you will know a cause in your conscience ; before you challenge any of them . Vd. Then I pray you my L. how many am I by law permitted to challenge ? Iud. Nay I am not to t●ll you that , I sit to judge , and not to give you counsell . Then Mr. Vdal keeping silence , Proclamation was made according to the manner that if any man could give in evidence against Iohn Vdall , prisoner at the Bar ▪ that they should come into the Court and be heard . Then Mr. Daulton stood up . And in the meane while Mr. Vdall said to the Iudges thus : My Lords ▪ I beseech you answer me to one question before Mr. Daulton begin to speake : Jud. Sa● on . Vda . Is it permitted me by law to answer to those things in particular which are brought to prove this Indictment ? Jud. It is permitted . Vda . Then I humbly crave of your Lordships to grant me two Petitions , which I thinke will greatly further both him in speaking , me in answering and also be a more ready helpe to the memory of the Jury , that they may be able to beare the matter away . Jud ▪ What are your Petitions ? Vda . The first is , that when Mr. Daulton hath spoken to one point what he can ▪ I may answer to that before he proceed any further lest my memory being overwhelmed with multitude of matter , I should forget to answere to some points of importance and the Jury made the l●sse able to discerne of the particulars . The second is , that it might please you to grant me to answer without interruption . Jud. You shall have them b●th granted . Dau. Then Mr. Daulton said , Mr. Udall you have these Petitions grandte you , I desire the same of you . And then he desiring leave of the Judges , before he should prove the Indictment , to say something touching this , that this man and such as he is do maintaine , &c. After leave given him ▪ hee used a very long speech to the great disgrace and slander of the cause , and those men that professed the same especially of Mr. Udall , and making mention in the same his Speech ▪ of five severall Bookes of Common Prayer , made by such as desire Reformation , he affirmed , that in one of the said Bookes there was horrible Blasphemy in these words of the consecration of the Lords Supper , Take eate this is my Body , drink this is my blood . Then he cryed out saving , Oh horrible ●lasphemy , and taking occasion upon the variety of these Bookes , he affirmed that there was no constancy in these men ; And whereas one of the Bookes doth allow , that over every Congregation there should be a faithfull Pastor , that is quoth hee , a Shepheard , whereby they may take the Government out of her Majesties hand , and so bring her Majesty to be one of their Sheepe ; no quoth hee , her Majesty is no Sheepe under any Shepheard in the wo●ld ▪ except Christ : and for the government that these men do seeke for , I am assured there is none such to be found in the word of God . Vda . Mr. Daulton hath used a very large speech , which doth nothing concerne to prove the Indictment or me in particular , and therefore seeing I am not called hither to dispute ( and if I would I should not be permitted ) I will not answer it , onely thus much will I say , ( if it please your Lordships ) that seeing Mr. Daulton is by profession a Lawyer , and the cause is yet in question amongst the learned Divines ▪ methinks it had bin more modesty for Mr. Daulton to have suspend●d ●●s judgement un ill the Controversie had bin determined amongst them ▪ to whose profession it belongeth ▪ especially seeing Mr. Daulton knoweth in his conscience , that he hath heretofore carried some shew of ●●keing to the cause which now he speaketh against . Jud. Sirra , Sirra , answer to the matter that Mr. Daulton hath against you , Mr. Daulton proceed to the proofe of the points of the Indictment . Daul . My masters , you of the Jury , &c. I will prove , first that he had a malicious intent in making of this Booke : secondly , that he is the Author of it : and thirdly , that these matters contained in the Indictment are Felony by the Statute Eliz. 23. cap. 2. Then was Mr. Beadle the Register called ▪ who was sworne that these Examinations following ▪ were as the parties themselves confessed the same : And to prove the first , the Clarke of the Assises caused Stephen Chatfield to be called into the Court , to give in evidence against Iohn Vdall , but he appeared not at all , for which the Judges were offended and Sergeant Puckering said , there was a Warrant sen● for him , whereupon some standing by affirmed ▪ that the Warrant came after his departure from home . Then Mr. Daulton said , that he went out of the way of purpose , and Iudge Clarke said , Mr. Vdall you are glad of that . Mr. Vdall answered : Vda . My Lords , I wish heartily he had bin here for as I am sure he never could say any thing against me to prove this point , so I have heard and am able to prove it to be true that he is very sorry that ever he made any complaint against me ▪ confessing he did it in his anger , when Martin came first out ; and by their suggestions , whom he hath proved since by experience to be very bad men . Dault. It is no great matter whether he be here or no ▪ for we have his Articles , against you , and your own confession to prove this point sufficiently . Then were Mr. Chatfields Articles ( that he brought to the Arch-Bishop against Mr. Vdall ) read by the Clarke ▪ containing a report of certaine written papers , tending as he supposed , to the making of such a Booke as this is , and thereupon asked Mr. Vdall whose writing they were , who answered , they are a friends of mine , whereunto Chatfield replied , wishing him to take heed of them , and to rid his hands of them , and to returne them to his friend from whom he had them , for he doubted they concerned the State . These papers he saw in Mr. Vdall ▪ Study at Kingston . Also he further saith , that at an other time , he having conferred with Mr. Udall in a certaine field by Kingston , called little ▪ field , about his putting to silence , he saith , that the said Mr. Vdall uttered these words , That if they put him to silence , he would give the Bishops such a blow as they never had . Vda . May it please your Lordships that I may answer to these things in particular . Jud. Say on let us heare your Answer . Vda . I was accused this time two yeares upon the words of Chatfield , that these papers that he did see in my studie , should be the matter of Martyn Mar-prelate , and because I cleared my selfe of that , it is now brought to prove an other matter , but it proveth nothing unlesse it were set downe in particular what they were . Daul . It proveth this , that you had a purpose to write this Booke , and those things were collections from your friends and preparations thereunto . Vda . Let the Iury consider how that point is proved by it . Besides it may be proved , that this Boke was extant in mens hands before the conference betweene Chatfield and me , therefore how can it be proved that this is the Booke that should give them such a blow . Dault. But you cannot deny the second point , that you had a pretenced malice , for it is extant in your own confession ; Read his answer to those Articles of Mr. Chatfield . Then the Clarke read his answer to this effect , tha● if the Bishops put him to silence , they would give him occasion and leasure to be imployed in writing against them . Then said Mr. Daulton , is not this most evident , what can be plainer then it is ? Vda ▪ I pray your Lordships to give me leave to explaine these things . Iud. Say on and be briefe . Vda . Mr. Chatfield told me that he was commanded to come to Kingst●n and be resident there ; of purpose that I might be put to silence , and that there might not appeare any want of a preacher ▪ I being put downe . Whereupon I said in effect , as is above rehearsed : but I pray you heare in what sence these words were uttered . Iud. The matter is cleare , and we see what you can say to it well enough , proceed Mr. Daulton to the proofe of the second point . Dault. And that you be the Author of this slanderous and infamous libell , it shall be proved cleerely to the Iury before your face ; then said he to the Clerke read the answer of Ni●holas Thompkins , which was made upon his oath before her Majesties High Commissioners Then was read to this effect that Thompkins knew that Mr. Udall was the Author of that Booke called the Demonstration , for he said , that Mr. Udall himselfe told him so . Also that he saw either in mr. Udalls house , or in some other place in Kingst●ne a Catalogue of all the Bookes that Mr. Udall had made , amongst which the Demonstration was one . Daul . You see here that this is cleare and a sufficient testimony . Vda . It carryeth some shew , but it is nothing . Iud. Doe you c●ll the testimony of one being an honest man , and upon his Oath , before the High Commissioners to be nothing , can you answer it ? Vda . My Lords ▪ I answer it thus , denying it to be his testimony , for if it be , why is he not present to verifie it face to f●ce , according to the Law ? Iud. Puck : It is verified to be his true Answer under the hon●s of Dr. Auberie and Dr. Lewen , the latter wher●of c●nfirmed it before me upon his corporall Oath . Dault. You can take no exceptions against that , and will you say he is not an honest man ? Vda . I am perswaded he was amazed , and answered he knew not what , for hee hath reported it so diversely , that it seemeth ●ee remembreth not what hee said . Iud. But the Oath of Thompkins is to be preferred before his bare rep●●t . Ude . My Lords I answer , I protest unto you ( and will verifie it upon my Oath ▪ if it please you ) that he told me the day before I was committed , at his Masters house , that he could not say , neither would he for a tho●sand pounds affirme any more then this t●a● he heard me say , I would not doubt but set my name to that Booke if I might have indifferent Iudges . And further ( if it please you my Lords ) here are some witnesses that upon their Oaths will testifie , how diversly he hath reported of his confession to this thing , if it please your Lordships to accept them . And the witnesses offering themselves to be heard , were answered ; that because their witnesse was against the Queenes Majesty , they could not be heard . And after other Speeches passing , Mr. Udall said : Uda . My Lords , the speech of the Catalogue is most vaine , and hath no sence in it , for can I have made so many Bookes , as that I need make a Catalogue of t●em ? It may be my Lords , he saw a Catalogue of the Bookes in my Study , wherin if that were one , it is ●ather an argume●t that I made it not , for men use not to put their own works in the Catalogue of those that they have in their Study . Daul , You of the Iury consider this , that Thompkins was Mrs. Cranes man , and one that was privy to all the Printing that was at her House , and M● , Udall used to go often thither . Uda . All that is nothing to me , what if I used to goe thither , she is of my acquaintance I know her to be an honest Gentle woman , what can you gather by any of these things ? why is not Thompkins here to d●clare his testimony , and to say what he can ? Daul . He is beyond the Seas about merchandises , sent away by Mr. Gore who married Mrs. Cranes daughter . Vda . How doth that appeare he is no merchant but a serving-man , and if he were what is that to me , but it cannot be proved that Mr. Gore did send him so that here is nothing but bare papers to shew for evidence against me . Then there was much said to prove that the testimony of a man absent was sufficient if it were proved to be his upon the oathes of others . And then the judge said . Iudg. VVhat say you ? did you make the booke ( Vdall ) yea or no , what say you to it , w●ll you be sworne ? will you take your oath that you made it not ? wee will offer you that favour , whi●h never any indited of felony had before , take your oath and sweare you did it not and it shall suffice . Vda . My Lords I pray you heare me to this , if I would have done so before the Lords of Her Majesties Privie Counsell that committed mee , I had not come hither , but I neither then might nor may do so now ; whereof I pray you let me shew a reason to the Iury . I and many more doe think the booke to be good ▪ for any thing wee can find in it , and to be written in defence of a cause which we take to be most true . Now the Author is sought for that he may be punished for some speeches that may be wrested in the booke ▪ therefore least he should be found ( if one after another that are suspected doe deny it ) it is thought best every one neither to confesse nor to deny , yea though we suffer some punishment rather then the author being found out should suffer extremity . Iudg. Nay this is but a shift , I will goe further with you , will you but say upon your honestie that you made it not ? and you shall see what shall be said unto you ? Vda . My Lords it is all one I make a conscience of my word as of my oath , for I must give accompt for both . This is no direct course in this place . Iudg. You of the Iury consider this ▪ This argueth that if he were not guilty he would cleare hims●lfe , and consider well of it ▪ And then speaking to Mr. Vdall , hee said doe not stand in it but confesse it and submit your selfe to the Queens mercy before the Iury find you guilty . Vda . My Lord I answer that according to my inditement I am not guilty , every point whereof must be proved or else the whole is false . And I beseech your Lordships give me leave and I will be very briefe . My conscience doth not accuse me , that I have so much as offended her Majestie , her Councell ▪ or the meanest of her people in any thing , I have done concerning this cause , for if I should , of all other I deserved the least favour being one that professed to teach others loyaltie to her Majestie , and love one to another , and would you have mee to confesse a fault where there is none , no I cannot doe it neither will I : wherefore proceed in your course begun . Daul . We have yet more proofe then this , though yet this were sufficient of it selfe , wherefore read the other examinations . Then was read the confession of Henry Sharpe of Northampton who upon his oath before my Lord Chancellor had said that he ●eard Mr. Penry say that Mr. Vdall was the Author of the Demonstration . Vda . Sharpe and I were never above once in company together ( to my remembrance ) neither knew hee ever any of my dealings . This is nothing to prove me the Author of the Booke , reports bee uncertain , and if reports be true the Archbishop himselfe told mee that Mr. Penry made it , which is more forcible for mee , then any of Sharpes reports can be against me . Daul . You mistake the matter , the force of the point resteth in Mr Penryes report , who was one of your great acquaintance and familiars , and you and Walgrave and he were at Mrs. Cranes house . Vda . Here is one mans saying that another said so , let the Iury consider of what force this proofe is , if you have any more let it appeare . Iudg. Clarke . You of the Iury have not to enquire whether he be guilty of the Fel●ny but whether he be the Author of the Booke , for it is already set downe by the judgement of all the Iudges in the Land , that whosoever was author of that booke was guilty the Statute of Felony , and this is declared ab●ve halfe a yeere ag●ne . Vda . Though it be so determined already , yet I pray your Lordships give me leave to shew that which I have to say and I will be very briefe and it is to prove , that though I were found to be the author , yet it cannot be within the compasse of that Stature , An. 23. Eliz. cap. 2. whereupon the inditement is framed . Iudg. You shall be heard to say for your selfe what you can , therefore say on . Vda . Though I bee not by Profession a lawyer , yet I thinke I can shew it clearely by these reasons following . First , The intent of the law-makers , ( which alwaies is to bee regarded in these cases ) is to bee considered which appeareth in the Preface of the Statute in these words ; To suppresse the malice of those that be evill affected to her highnesse . Now I pray you consider this , how can it be ? or how is it possible that a Preacher of the same Religion which her Majestie professeth , and maintaineth who is known continually to pray unto God for her highnesse prosperity and happinesse both of soule and Body ; How is it possible I say , that such a one should bee maliciously affected towards her ? Therefore it is evident that the Statute was made against the Papists , who use to slander her Highnesse with the tearmes of Heretique , &c. and no way against us for I dare boldly say of my selfe , and in the name of all my brethren . Cursed is he of God , and he deserveth doubtlesse to be hated of men that doth imagine the least hurt against her Highnesse . Secondly , the matter that maketh a man a Felon by that Statute , must proceeed from a malicious intent against her highnesse , which I or any such as I am can no way justly be charged with : pattly for that which is said before , and partly for that my course of teaching and living in this Country these 9 yeares ( saving this last yeere , wherein I have been absent ) is known to have tended to no other end then the provoking and perswading of the people to like of and yeeld obedience unto her Majestie , and the Religion received in her Dominions , for the proofe whereof I referre my selfe to the consciences of all men in the Country that have knowne me : And further it is likely that I who have bin trayned up in the Universities under Her Majesties protection and have alwaies bended my Studies to the advancement of the sincerity of the Gospell ▪ so that those small crums of learning which I have gatheted , I doe acknowledge to have received by her Majesties meanes These things considered , how can it be that I should bee evill affected towards her Highnesse , whom I protest I unfaynedly reverence ? And therefore the worst that the author can be charged withall is his overheat and to much vebemency by reason of his zeale against the abuses , and not any malice against her Majestie , or the meanest of her subjects : Againe the matter to bring it within the compasse of the Statute must be false . But this booke is written in the behalf of a most true cause . Lastly the end of it , must be either to the defamation of the Queenes Majestie or stirring up of insurrection , sedition , or Rebellion . For the former I trust that the whole course of our behaviour both in our Ministery and conversation , declareth it selfe to bee so farre from seeking to defame her highnesse as it tendeth to the uttermost of our powers , to the advancement , of her Honour . For I am perswaded that there is none of us that would refuse to undergoe any paine whereby her Majestie might any way be the better honoured , yea wee would not refuse if need so required , to lay downe our lives for redeeming of the least aking of her majesties little finger wherewith shee might bee grieved . Now for the second end which is the moving or staring ●p of Rebellion &c. I pray your Lordships , and you of the Iury to consider this , There have beene since the first day of her majesties Raign , learned men that have desired the advancemen● of this cause and many of the people that affected it . and yet hath it never appeared that by occasion hereof , there hath in all this time bin any in any place that have raised any Insurrection or sedition : yea this booke which is now in question hath bin extant these 2 yeeres , yet I trust neither your Lordships nor any here present can shew that any people in any corner of the Land , nay it cannot be justly proved that any one person hath taken any occasion hereby to enterprize any such matter , and therefore the making of this book cannot be Felony . Besides all this if there had bin any such thing meant by the Author , or received by the people , as the Indictment chargeth me withall , ( which is the defamation of her Highnesse government ) yet ( as I take it ) it should not be felony by that Statute , for the whole course of it , declareth , that it is onely meant of them that defame her Highnesse Person , and not her Government , as it is manifest by the last proviso , wherein it is shewed , that the whole Statute doth determine and end with her Majesties life : and we may not thinke their wisdoms that made the Law , to be so unadvised , as to make a Law for the preservation of the Princes Government which is continuall , to last no longer then the life of one Prince which is temporary . Therefore it seemeth that the Statute hath no further regard then this , that her Highnesse person might be preserved in that Honour and dignity which becometh her Royall Dignity and Estate . And I do beseech your Lordships to answer me , for I appeale to your consciences as you will answer to God for my life , and I pray you tell the Iury whether you do thinke the ▪ intent of the Statute were in any sort meant against us , and not rather against the Papists . Iud. Puck . Iudge Puckering said , you do not well to charge us so with our consciences , which God only is to know : I answere you , the intent of the Statute is against all , for so the words are . Vdall . The words my Lord , I confesse are so , but is the principall intent so ? Iud. Yea it is so . Iud. Cla. We have heard you speake for your selfe to this point at large , which is nothing to excuse you , for you cannot excuse your selfe to have done it with a malicious intent against the Bishops ▪ and that exercising that Government which the Queene hath appointed them , and so it is by consequent against the Queene . Vda . My Lords , I am perswaded that the Author did it not of any malice against them , and for my selfe , I protest I wish them as much good as I do to my own soule and will pray to God to give them repentance . But the cause why the Author did so earnestly inveigh against them was this , as it seemeth , because he perceived them not only to execute an Authority which he taketh to be unlawfull by the word of God , but also for that they do not the tenth part of that good , ( even in those corrupt callings ) which by Law they might doe : and I am perswaded , that your Lordships know in your owne consciences , that they doe not the tenth part of that they are bound to doe . Iud. Clar. That is true , they do not the good that they might do ; but yet that doth not excuse you ▪ for It is plaine in your Booke , that you writ not against them onely , but you writ against the State , for is it not against the State when you say , that it is more easier to live in England a Papist , an Anabaptist , of the Family of Love , and what not ? yea you say , I could live so in a Bishops house it may be these twenty yeares and never be much molested for it ; what is this but a plaine standering of the State ? and marke the words , for you say , you could live so in England : And doth her Majesties Laws allow of Papists ? this maketh eviden●ly against you , and it is so plaine that you cannot deny it . Vda . My Lords , if it might please you to heare me a word or two , I will shew the meaning of the Author of the Booke , I beseech you to heare me and I will be very briefe : I know that the Laws of England do not allow of any such as are mentioned in the Booke , for there are godly Laws made for the punishing of them , if they were put in execution . But this I take to be the Authors meaning , that it is not spoken in respect of her Majesties Government and Laws , but in respect of the Bishops whom your Lordships know to be wholly imployed in finding us out , and punishing of us , not regarding ( in a manner ) the punishing any sinne else . Iud. What Sirra will you not confesse any fault to be in the Booke , you seeke to excuse all . Vda . My Lords , I do acknowledge , that there was never any worke of man so perfect , but there have bin imperfections in the same , and therefore there may be some fault in the manner , but surely none in the matter : for the Bishops themselves will confesse , that they may faile in their actions , and be partiall ( as they are men ) in the manner of handling of any thing ; so also the Author of this Booke , being assured that the matter is without reproofe , may erre in the manner , in being over-zealous in the handling of it , and this fault I will easily confesse to be in the Booke my Lords ; but I am sure the Author never had any malicious intent against her Highnesse , or any of her Subjects . Iud. Clar. This Booke hath made you to come within the compasse of the Statute , though your intent were not so , for I am sure there was Mr. Stubbs , well knowne to divers here , to be a good Subject , and an honest man , yet taking upon him to write a a Booke against her Majesty touching Mounseir , he thereby came within the compass● of Law , which he intended not in making of the Booke , and I am perswaded , that he did it of a good affection towards her Majesty ; and yet if this Law had bin made then , which was made since , he had died for it : so you , though you intended not to come within the compasse of the Statute , yet the Law reacheth to your fact as that did to his . Vda . My Lords , his case and mine is not alike , for his booke , concerned her Highnesse person , but the Author of this Booke toucheth only the corruptions of the Bishops , and therefore not the person of her Majesty . Iud. But I will prove this booke to be against her Majesties person , for her Majesty being the supreame Governor of all persons and causes in these her Dominions hath established this kinde of government in the hands of the Bishops , which thou and thy f●llows so strive against , and they being set in Authority for the exercising of this Government by her Majesty , thou dost not strive against them but her Majesties person , seeing they cannot alter the Government which the Queene hath laid upon them . Vda . My Lords , we are not ignorant of this , that her Majesty hath a care that all things might be well , and in that respect hath given them often in charge , ( upon the considerations of these controversies ) to see to it that nothing be amisse , and because she hath a good opinion of them for their gravity and learning , she believeth them when they say all is well and in good case , whereas if they had the grace to looke into these things , and to make them knowne as they be , indeed her Majesty and the State , I doubt not , would quickly redresse them , and therefore was it that the Author did so charge them . Then the Iudge proceeding further in the booke to prove him to have offended , he tooke occasion by the same to speake against railing against Magistrates , and speaking to Mr. Vdall he said in effect thus : Iud. Cla. Sirra you that should have bin a teacher of her Majesties people , you should have taught your selfe not to have rayled upon the Rulers of the people , for do you not know what is written in the 23. of Exodus , Thou shalt not raile upon the Ruler of the people , for whosoever doth so , shall die the death . And do you not know what is written in the 23 of the Acts , where the Apostle Paul being before the High Priest , called him a painted wall ; and being smitten by one of the high Priests Servants , it was said unto him , revilest thou the Lords high Priest ? to which Paul answered , I knew not Brethren that he was the high Priest , loe thus did he acknowledge his fault , do you know these things Sirra ? Vda . My Lord , you know that we hold it not lawfull for a Minister to be a Civill Magistrate , and there are at least 500. in this Land amongst whom I am the most unworthy , that are of the same judgement in this point . Jud. But how if the Queene doth give it them ? Vda . They ought not to take it . And my Lord , ( if it please you ) I will answere to your proofes , though I came not hither to dispute . But in my answering , my purpose is not to give any liberty to any man , to raile upon any that are in Authority . Now to your proofes I say my Lords , that the place out of the 32 Exod. doth rather concerne your Lordships and such as are under her Majestie for Judges , then any way to concerne the Bishops : And touching the second place out of the 23 of the Acts , where the Apostle saith , Brethren I wist not that it was the high Priest : the meaning of that place is , as if he should say , I thought there had not bin any high Priest now , seeing Christ being come , the high Priesthood was to cease , so that the Apostle doth not acknowledge any fault in that his Speech , for there was no lawfull high Priest of that time , neither did he acknowledge any , seeing they did end in Christ : And thus do the best Divines expound the place . Then after some further Speeches of this exposition , the Judge returned to the matter of the Booke againe , saying , that the booke did concerne the State ▪ and sayd : Iud. But Sirrah thou canst not so excuse thy selfe , as though it touched not the Qu. and the State , for is it not written in thy Booke , that this saying will not serve their turnes , the Queene and Councell will have it so : whereby it is plaine , that thou didst speake against the Queene and the State . Vda . My Lord ▪ the Author only meaneth this , that when we are called before the Bishops , they were often driven to use this argument ( when they had nothing else to say for themselves ) that they could be content many things were amended , but it must be so , for the Queene and Councell will have it so : And surely herein me thinks they slander her Highnesse , and we tell them , that however they beare it out here before men , yet before God that excuse will not serve their turne . Iud. Thou canst not carry it away so , dost thou not plain●ly say , that they are not safe though they have humane Authority on their side , but he that is on our side is mightier then they ; whereby thou both abasest her Majesty , and also dost threaten them with some force and vi●lence . Vda . It is true , that whosoever doth unjustly is not safe in it , though all the Princes in the world should desend him in it ; and that is the meaning of the Author . But to say that force and violence is threatned them , is furthest doubtlesse from his meaning ; for it is knowne to all the world , that we desire by all good meanes to commend this holy cause of Reformation to her Majesty and the State , and do not looke for neither , that ever it should by any force prevaile , but that it would please God to honour her Highnesse with the advancement of the same . Jud. No , no , these are but excuses , these malicious Speeches proceeded from thee , and were the ground-worke of all these ▪ Lihells that have bin dispersed since , and thou art ▪ known to be the ring-leader of this faction . Vda . There is no reason to charge me with other mens doings , every man must answer for himselfe ; but as for me ( alas ) I am no body ; there are five hundred Ministers in this land of my judgement in these things , the meanest of which I acknowledge to be far better learned then I am . But by the way my Lords , I pray your Lordships give me leave to say one thing which I being about to speake of before , was interrupted , and therefore seeing now it commeth into my memory , I pray you to heare me , though it be out of time , concerning the Felony whereof I am accused , it maketh greatly for me . Iud. What is it ? let us heare what you can say ? Vda . When I was before the Lords of her Majesties Councell at the time of my Commitment , amongst other things that I alleadged against the taking of an oath to accuse my selfe , I said that the thing was accounted criminall , and therefore by law I was not to answer : my Lord Anderson said that I said true if the case had concerned either the losse of life or limb , whereby it is manifest that then my case was not esteemed Felony . Iud. Though the Iudges had not then concluded it , yet it was Law before , or else it could not so be determined after ; the violent course of others since , hath caused your case to be more narowly sifted . Then the Iudge ( having spoken to the like effect also ) said to the Iury , that they should not need to trouble themselves to find him guilty of the Felony but onely it was sufficient if they found him guilty to be the Author of the Booke , for ( quoth he ) it is already determined by all the Iudges of the ●●●d , that the Author of that booke was in the compasse of the Statute of ●●●●ny , and this quoth he , was concluded before we came hither : therefore you being ignorant of the Law , and we being sworne as well as you are , you are ●o heare us , and to take our exposition of the law : and after many other speeches , the Iudges said , goe thy way , we will heare thee no longer , get thee hence , and shaking his hand hee called for the other Felons to heare their Causes . Iury. Then the Iury said , what can we finde ? Iud. Find him Author of the Booke , and leave the Felony to us . And after some other Speeches , Mr. Fuller said to the Iury , you are to finde him Author of the Booke , and also guilty of a malicious intent in making it ; whereat Mr. Daulton said , what have you to do with the matter Mr. Fuller to speake to the Iury ? Then there being some noyse at the Bar , Mr. Vdall could not any more be heard ; yet as he was ready to depart , hee said to the Iury ; you of the Iury consider this , that you have not to consult about the life of a Seminary and Popish Priest , but of a minister of the Gospell . Then Iudge Clarke shewed the reasons to the Iury , why they must find him guilty , saying , The evidences are manifest for the first point , that he is the Author of the Booke ▪ and the second is a point in Law agreed upon by all the Iudges , as I have said . So the Iury after they had heard the evidences of the other Felons at the Bar , departed to consult about them , in which time of their consultation there came two severall messages exhorting him to submit himselfe , and to yeeld unto the Iudges before the Iury had given up their verdict , unto whom Mr. Vdall replyed willing them not to trouble him with any such matter , for he was cleare in his conscience , and therefore he was not to accuse himselfe ; In which time also the Iury diverse times sent and received messages from the Iudges ▪ and at the last , the fore-man of the Iury went himselfe unto them . Thus having debated of the evidences of the rest of the Felons with Mr. Vdall , after the Iudges had dined the Iury brought in their verdict that he was guilty of Felony . After that Baron Clarke had finished all other matters of Law , and that the Iuries had given their verdicts on the Felons , finding some guilty , and some not guilty : The Iudge commanded all the prisoners to stand forth and to answere to their names ▪ which did so ; and first mr ▪ Vdall was called , who stood forth at the Bar , but the Iudge commanded him for that time to stand aside , saying that he would deale with him anon : then some of the prisoners which were saved by their bookes , were burnt in their hands , and for that night there was nothing more don . Then the Iudge commanding the Iay●or to bring the prisoners betimes in the morning , commanded them to depart , and so for that time every man departed to his place . The second dayes worke , being the 25. of Iuly . THe next morning neere about 4 ▪ of the clock the prisoners were brought to the Bar , who stayed till the comming of the Iudges ▪ who came thither by 6 of the clock , or thereabouts , and called the prisoners by their names to receive sentence of death ; and first they began with mr. Vdall , who after he was called was commanded to stand aside till anon , and then there were 7 Felons that received sentence of death ▪ who being taken aside , Mr. Vdall was called the second time and the Clarke of the Assises said , Iohn Vdall hold up thy ●a●d , what canst thou alleadge for thy self , why thou shouldst not receive judgment to dy . Vda . My Lords , notwithstanding my earnest pleading and protesting of mine innocency yesterday , which I could and would have done more cleerely , but that I was so much interrupted : yet it hath pleased the Iury upon their consciences to finde me guiltie of that which I thank God never entred into my heart ; now therefore must I pleade another plea , and therefore I crave of your Lordships to grant me the benefit of the pardon granted the last Parliament . Iud. I thinke you can have no benefit by it , for I am deceived if it be not excepted . Then said he to the Cleark or some other , reach me the Statute Booke , and whilest hee looked in the same : Vda . Mr. Vdall said , I pray your Lordships consider the ground of my plea , albeit ▪ indeed it seeme to be excepted : your Lordships confessed yesterday , and I shewed it by my Lord Andersons speeches to me , that it was not thought Felony till of late , and therefore the things that be excepted be such as be inquirable and punishable in the Ecclesiasticall Courts . Jud. That is nothing , for if the lesser be excepted , much rather is the greater ▪ Vda . My Lords , I refer it to your consciences and favourable considerations : the words are these in the pardon , which he repeated , and they finding it to be as he had said , the Judge said , here is no helpe for you : and after other speeches betweene them of the meaning of the words of the pardon , the Judge said , Mr. Vdall your Councell hath deceived you . Vda . My Lords , I have not received any Councell herein , for I have bin close prisoner this halfe yeare , and therefore could not attaine to have any Councell ; but thus much have I gathered , which is my judgement out of the Booke . Jud. What can you alleadge more for your selfe ? for this helpeth you not : Vda . Nothing but mine own Innocency , but that your Lordships may proceed . Iud. What say you ? are you contented to submit your selfe to the Queene : Vda . Yea , or else I were not worthy to live in her Highnesse Dominions . Iud. But will you acknowledge your selfe to have offended her Majesty in making this Booke ? she is gracious and full of mercy , it may be , that we reporting your submisi●n unto her Majesty , may procure her pardon for you . Vda . May it please your Lordships to heare me ; The cause for which I am called in question , I cannot forsake in any sort , for I hold it to be the undoubted truth of God : but , &c ▪ And then he was interrupted by Iudge Puckering , who said : Iud. Nay stay there , you cannot goe away with that speech unanswered , to buz ▪ into the peoples eares such a conceit , that it is an undoubted truth that you hold ; for I hold it to be an undoubted falshood : And then he proceeded further in a large set Speech , the effect whereof was , that this Land having bin governed by sundry Nations , hath yet kept her ancient Laws , which he affirmed would be overthrowne , if this government that these men seeke for should be established : And then he further shewed , what inconventences ( as he thought ) would come by the same , viz. That we having Laws and Iudges appointed to decide all Controversies ; this Presbitery which these men seeke for , would overthrow all , and bring to their censure and government , all mens Causes ▪ or else they would Excommunicate them from their Churches ; yea and they are so hot for this Government , that they will not stay for the Magistrate , and if the Magistrate will not , they will reforme themselves , and one of them writing in a Letter to his friend of his , saith , Let us number our hot Brethren , that we may know who will stand to it , for it is high time . So that it is plaine , that if they cannot have it with her Majesties consent , they will have it though it make our hearts to ake , as you say in your booke ▪ And whereas her Majesty hath Revenues belonging to her Crown out of the Church-livings , and Cathedrall Churches , these men would have her Majesty give unto them those Revenues , for the maintenance of their Preshitery , and they would her a s●ipend allow at their discretions , so that they would bring the Queene and the Crowne under their g●rdles . And some of these men have gon so farre , that they say plainely we have no Church , no Sacrament , no ministers , nor any worship of God amongst us . If these things bee not loo●'t unto in time , what confusion shall wee have in this land shortly ? many other things be spake against the cause of Reformation , which I cannot particularly lay downe but this is in effect the substance of it ; concluding he said , Thus much Mr. Vdall have your speeches enforced me to speake least the people here present ( being deceived ) should be carried away by it . To which Mr. Vdall answered briefly . Vda . My Lords it is bootelesse for me to enter disputation with you in this place touching this matter , onely this I could wish you to leave it to be first decided by the learned Divines to whose calling it belongeth . And although some weak men wan●ing iudgement have bin headily carryed in seeking the furtherance of this cause , and so for want of this government have runne into some errors , yet it is no reason to charge us with them , for your Lordships know that wee have been the men that have taken the greatest paines to reclaime them to the joyning of themselves with the Church , from which they have separated themselves . Iudg. Clar. You are deceived it is not a matter of Divinity onely , but it is a matter of State , and within the compasse of our Profession , and it is not so greatly in controversie as you would have us to beleeve it is . Vd. It is diversly debated ( my Lords ) and the greatest number of learned men in Christendome doe maintaine the same . Iudg. How doe you know that , have you bin beyond the Seas , to know the greatest number of learned men to be of this judgement ? Vdall . Your Lordships know that all the Churches of France , the low Countries , and of Scotland doe maintaine the same ? besides many hundreds of learned men in this land . Iudg. Have you been in all these Churches that you can tell so much ? Vda . I know it to be true ( my Lords ) for their practise doth shew them to be of this judgement . Iu. Well , if you can alleadg no more ; neither will submit your self to the Queens mercy , then heare your judgement . Vda . My lords I was beginning to speake , but you interrupted me , I pray you heare me , what I will say ▪ and then do as God shall move you . Iud. Let us heare what you will say . Vda . As I said before so I say now , I beleeve the cause to be the undoubted truth of God , and therefore in the matter I cannot by any meanes yeeld ; yet seeing by your order of law I am found to be guilty , neither can I ( for the reverence I beare to her majesties lawes ) take any exceptions against you nor the Iury , but that which you have done I acknowledge to bee done in all equity and right . Seeing I say you have found me to bee guilty , whereby I cannot live without h●r majesties gracious and speciall favour . I acknowledge that whatsoever I have done to the advancement of the cause . I may offend in the manner , in which respect ( if I have offended ) seeing it hath pleased your Lordships and the Iury to find mee guilty , I doe willingly submit my selfe and heartily crave her majesties pardon . Iud. But are you sorry , that you have offended the Queenes Majesty . Vda . I am sorry , that the course of the Law hath found me to have offended . Iudg. So is every Thiefe that is c●ndemned sorry , that his offence is found out , but not for the fact . This is a plaine fallacy . Vda . My Lord indeed if it were so as your Lordship doth understand it , it were a plaine fallacy , but I say further , if in the manner of handling so good a cause , there be found in me any offence against her Majesties Lawes : And I acknowledge that in the manner of handling it Her Majestie may be justly offended , for which I am sorry . And I protest that I have never gone about to advance it by any other meanes , then by manifesting it to all men , and tendering it to them in authority , and that by such meanes as might not be contrary to the Laws of this Land , that so it might be received by Her Majesty and the State , and this is the care of us all , howsoever we be charged with factions . Iud. You say if there ●e found any offence , whereby you call in question the equity of dealing in this Court against you . Vda . My Lords I do not neither will I , let it be looked into by you and the rest whom it concerneth , I hope you would not deale otherwise then lawfully against me . Iud. Puck . You say you seeke no unlawfull meanes , what can be meant but unlawfull meanes in the words of your Booke ▪ If it come in by that meanes that will make all your hearts to ake , blame your selves : What good meanes ca● bee meant by th●se word● ? Vdall . My Lords , yesterday I shewed you , what I tooke to bee the meaning of the Author in some places of the booke alleadged against me in the Inditement ▪ and then I would have spoken unto all , but you cut me off , I pray you therefore let me shew you the meaning of the Author in those words now . Iudg. Let us heare you how you expound it . Vda . My Lords , your Lordships must understand , that the Author taketh it for graunted that the cause is Gods and must prevaile , and therefore seeing God hath used all the meanes of his mercy to bring it in , in giving us a gracious Prince , ●ong peace and aboundance ▪ and of stirring up some to exhibite s●●plications to the Parliament ; these things not prevailing in his mercy , he will bring 〈…〉 some judgement as plague or famine , or some such like 〈…〉 his is alwaies the manner of Gods dealing . 〈…〉 〈…〉 expound it so , for the words import another thing . 〈…〉 〈…〉 , the Author himselfe expoundeth it so in the words follow - 〈…〉 saith , that it must prevaile , for such a judgment will overtake this Land 〈…〉 eares of all that heare thereof to tingle , so that he meaneth nothing 〈…〉 God will bring it in by his owne hand by judgment , if by mercy hee can - 〈…〉 ▪ Iud. No no , your meaning was that it should be brought in by force and violence . Vda . God forbid ! farre be it from us to conceive any such Imagination . The Author of that booke doth plainely shew that hee meant no such thing , and the words following in the end of the Epistle doe declare the same , for there he sheweth by whom it is to be brought in namely by Her Majesty and her Honourable Counsellors , that they may see it , and establish the same . Iudg. Nay the meaning is , that if the Queene will not , yet you say it shall come in , for so the words are , that it must prevaile , maugre the heads of all that stand against it . Vda . Nay my Lords the words are maugre the malice of all that stand against it ▪ for there are many heads that are not maliciously bent against it , there is great difference betweene malice and ●eads , for some are against the cause through ignorance ▪ Iud. It is all one in effect ▪ Vda . Nay ( my Lords ) there is great difference , Iud. Puck . Well Mr. Vdall you were best to submit your selfe to the Queenes mercy and leave these courses , for I tell you that your Booke is most seditio●s and slanderous against her Majestie and the State , and yet I assure you that your booke had bin passed over , if there had not come forth presently after it such a number of slanderous libels , as , Martin marre-prelate , Martins Epitome , Martin Iunior , or thesis martiane , Martin senior , and others such like , of which your Booke was judged to bee the Ring-leader . Vda My Lords those that are learned , and doe maintaine this cause , doe Iudge this booke to be written very indifferently , howsoever it bee hardly construed . But for Martin and the rest of those Bookes that you have named , they were never approved by the godly learned . And I am fully perswaded that those bookes were not done by any minister , and I thinke there is never a minister in this Land , that doth know who Martin is . And I for my part have bin inquisitive but I could never learne who he is . Iud. Clar. You will not acknowledge your selfe faulty in any thing , and therefore it is in value to stand any longer with you . Vda . I will easily confesse that in manner the Author hath offended , for no man can handle a cause so well but there will fault appeare in it , as appeareth by Iob who having a good cause handled it weakely : It is easier to handle an ill cause cunningly , then a good one well . Iud. Nay but you have maliciously offended in publishing this Booke , which tendeth to the overthrowing of the State and the moving of Rebellion . Vda . My Lords that be farre from me ▪ for we teach that in reforming things amisse if the Prince will not consent , the weapons that Subjects are to fight withall are repentance and prayers , patience and teares . Iud. Yea you had done well if you had used these weapons rather then to have made this Booke . Vda . God forbid but that wee should give unto her Majestie that Honour which justly is due unto her , for we have not taught the people to reforme the State without the Prince , and our practice hath proved the same , for wee never taught any of her subjects to goe before her , but to leave that Honour as belongeth to her Majestie . Iud. Well ▪ will you submit your self or not ? for else I must proceed to iudgement , and I have no authority to favour you , neither will I stay sentence of death according to my Office , what my brother hath I know not , and therefore shortly submit your selfe or else ! am to pronounce sentence of death . Vda . And I am ready to receive it : For I protest before God ( not knowing that I am to live an houre ) that the cause is good , and I am contented to receive sentence so that I may leave it to posterity how I have suffered for the cause . But my Lords the cause excepted , I will submit my selfe in any thing . Iudg ▪ Let the Cause alone and tell us no more of it , but acknowledge your selfe to have offended the Queenes Majestie , Vda . I may not in any case yeeld in the cause , I have almost ever since I was a Preacher of the Gospell professed it , and therefore I cannot bee at this time changed . Iudg. Let ( I say ) the cause alone and say what you will doe . Vda . I must needs professe it and mention it , lest it should bee thought that I have started from it , but for any thing that I have done in the manner against Law , I am heartily sorry for it , more then this I cannot say , do with me what you will . Iudg. But are you sorry for offending her Majestie and her laws , and be you conten●ed to amend and to live in obedience as becommeth a good subject ? Vda . I am content to seeke the advancement of this cause by no other meanes , then that which may stand with the lawes of this Land , and the duty of a good Subject . Iud. I come not here to intreate you to submit your selfe , but you shall doe it willingly upon your knees , and crave her Majesties mercy . Vdall . Then Mr. Vdall kneeling downe said , I refuse not any kind of submission to Her Majestie : And I intreat your Lordships to be a means to her Majestie for me . And if I were worthy that my poore papers might come unto Her Majestie , or to her Honourable Councell , I would write thus much unto them . Iudg. Nay will you write thus much unto us , that wee may first see it and commend it to her majestie ? Vda . I willingly doe it . Thus they dismissed him . And this is the sum of that which I with the helpe of others could remember , having not any intent to leave out or enlarge any thing further the● the meaning of the Speakers did intend ; notwithstanding many more things were said on both sides , especially the set Speeches of both the Iudges and of Mr. Daulton to the disgrace of the desired Reformation , which could not well be expressed in particular , and therefore I have left them . Also many other things Mr. Vdall purposed and begun to say , which they stopped , so that they could not be perceived . The Assises being thus ended , Mr. Vdall was returned to the prison of the White-Lyon againe where he continued till the Sessions in S●ut●warke ▪ begining the 18. day of February , 1590. during which time he wrote a supplication or submission to the Queenes Majesty , as followeth : To the Queenes most Excellent Majesty . MOst Gracious and dread Soveraigne , The present lamentable estate wherein I stand , being found guilty by verdict , to be Author of a Book intituled , ● Demonstration of Discipline , and being without your gracious pardon ▪ to die for the same : I humbly prostrate my selfe at your Majesties fe●● , submitting my selfe in most humble manner as becometh a dutifull Subject , to such order as it shall please your Highnesse to appoint ▪ to whom God hath given so high and Soveraigne a power as is able both to kill and to quicken , to bring to the gates of death , and to cause to returne to the comfort of life againe : Before whom standing thus convict , I am not to pleade my innocency : yet I most humbly desire it may not offend your Excellent Majesty , that I protest ( of the truth whereof I call God to witnesse who knoweth all secrets , and will judge both the quick and the dead ) that I had never any thought or imagination to publish , write , or doe any thing maliciously ▪ or tending to the dishonour or slander of your Majesties Royall person or Princely estate ▪ under whose gracious government I have attained to so many benefits and blessings ; amongst which I most highly esteeme the true knowledge and ●●a●e of God ; in regard whereof , I have bin alwaies ▪ ready even to adventure my life , for the preservation of your most Royal person and defence of your Princely estate , and the same have also taught un●o others , as a thing ●pecially commanded by God ; notwithstanding feareing the severity of justice unto death : I flie for life unto your Majesties most gracious mercy most humbly desiring your Highnesse of your mercifull compassion for reliefe of my poore and miserable estate , to grant me your gracious and comfortable pardon , whereby ▪ I may be discharged , both of the offence and punishment ▪ which the law hath said upon me . Other hope then this have I none ▪ ( but the trust I have in ▪ God , according to his promises ) that your Majesty by a speciall gift of God , is gracious and mercifull , and have vouchsafed to shew mercy even to such as were not only by imputation of law but indeed malicious and mortall enemies to your Highnes●e , and therefore ▪ I hope that the same goodnesse of so Princely a nature may be moved , and will shew forth it selfe in like gracious compassion on my behalfe ; which gracious pardon on my knees I most humbly crave your Excellent Majesty to grant unto me ▪ by which speciall favour being raised as it were from the dead , I promise and vow to leade the rest of my life in all humble and dutifull obedience unto your Majesty ; praying continually for the preservation of your highnesse precious life and happy government , to the honour of Almighty God , and the comfort of all obedient and dutifull Subjects . A Declaration of that which passed betweene the Judges and Mr. Vdall at the Assises in Southwarke Febru. 19 , 1590. BEcause you are ▪ ●●sirous to understand of me the particular things which passed betweene the Iudges and me the 18 ▪ 19 , and 20. daies of ●●b . 1590. Albeit I had rather you should learne it of others , yet seeing the ground of all dependeth upon some things that passed between them and me in private , I am the rather induced to satisfie your request praying that it may be kept secret amongst those friends that may have good by it , and not given out unto any such sort as may aggravate this heavy burthen that is already ●aid upon me . Being called the first day of the Assises in the afternoon Sergeant Puckering said : Puck . We do not meane now to deale with you , only I must put you in mind that you have made a ▪ Petition , wherein you promise to submit your selfe to such order as her Majesty shall appoint ; consider of it , and looke that you ●● it , for ●●an tell you , it is looked for at your hands ▪ Vda . I know not my Lord what you meane ▪ I made a Petition but to her Majesty , and will willingly performe any thing promised therein : Puck . Well , advise well with your selfe and looke that you do it , I tell you aforehand . Vda . Unlesse you meane that I know not your meaning . Justice Fenner dwelling in●urre sat on the Bench and said , Mr. Vdall , I must needs say something unto you , I have heard much good of you , and that you are learned , it were pitty you should do otherwise then well , I pray you take heed that those good things which are in you , be not marred for want of humility : I tell you humility is a speciall vertue in a man of your Calling ▪ the want whereof marreth all in them that what i● ▪ I pray you stand not in your own opinion too much , I have heard that you have don much good ▪ let not humility be wanting , &c. Vda . My Lord , I acknowledge that humility is a vertue generally required in men of my Calling , without which all other gifts are nothing ▪ for God resisteth the proud , and giveth wisdome to the simple : and I desire that the same vertue may be found in me ; but I trust your meaning is not thereby to perswade me to deny the truth , which I trust the Lord will keepe me from , whatsoever befall me . Fenner . I speake to you of good will , I would not have you stiffe in your own conceipt . Puck . Remember what I said unto you . And so I was carried into a Chamber to be conferred with by some of the Bench ▪ &c. And when that promise which the Judge so much spake of came to be examined , it was nothing but a sentence in my submission to her Highnesse , the meaning whereof is ( as the words going before it and immediately following it do declare ) that I professed my selfe willing to live or die , according as that power which God hath given to her Majesty ▪ shall appoint . I having bin dealt withall to this effect the first day of the Assises ( by certaine of the Bench in private ) as also the second day by some of them to this effect ▪ that I would make such a submission as would condomne the Booke in question ▪ and justifie the Hiera●chy ▪ and perceiving that I was not to be heard till the last day ▪ I intreated Sir William Moore and Mr. Bowyer to be a meane to the Judges for me ▪ that ( for asmuch ▪ as ▪ my case was rare , and I had ( as I was perswaded ) sufficient to alleadge why ( notwithstanding the verdict against me ) Judgement ought to be stayed ) I might be heard over-night , that so ( according to that good councell given by them unto me ▪ to advise with my selfe , and to consider what I would do ) also they mig●● have a night to thinke of what I had to say , and the next day to do with me as God should move them . Hereupon I was ●etcht forth before the Judges in private , immediately after dinner , who using many perswasions to draw me to relent ( which being in private I will not expresse ) told me that they sent for me , for that they understood I desired to be heard over-night , which they were willing then and there to do : I answered : My Lords , my meaning was not to desire private but publique hearing , seeing I have nothing to say : but such as would prevent my selfe , and disappoint my publique speech , if I should utter it in private : yet because they told me their other affaires would not permit them to have any time with me till the latter end of the Assises , I was rather willing that I should be prevented , then they should be constrained to determine on a suddaine upon so weighty a matter ; whereupon I did draw out a paper for each of them , containing these reasons following . I humbly pray your Lordships to consider , whether these reasons ought not in conscience to move you to stay the sentence notwithstanding the verdict against me , and to be meanes of my release . 1. It seemeth that my case is not esteemed Felony by the Judges of the Land ▪ seeing they do usually sit in the High-Commission Court , where the printing and dispersing of the same and such like Bookes are usually enquired after as transgressions of another nature . 2. No judgement in Law ought to be given in case of Felony , but upon a party first found guilty thereof by verdict of twelve men , but I am not so , for proofe whereof I pray you it may be remembred , that your Lordship gave the Jurie in issue onely for the triall of the fact , whether I were Author of such a Booke , and freed them from enquiring the intent , without which there is no Felonie . 3. I humbly pray you to call to minde by what meanes the Iury was drawne to give that verdict they did , whether they were left wholly to their own consciences , or were wrought unto it partly by promise assuring it should be no further danger unto me , but tend to my good ; and partly by feare , as appeareth in that it hath bin an occasion of great griefe unto some of them ever since . And then I pray you to consider , whether upon such a verdict so drawne from twelve simple men , Christian Iudges in a good conscience , may proceed to sentence of death ? 4. In case the verdict were never so free , yet your Lordships being men of wisdome and knowledge are to consider , whether the Statute whereupon I am Indicted , do agree to my case in the truth and meaning of it , there being nothing in that Booke spoken of her Majesties person , but in duty and honour ; and whether the drawing of it from her Majesty to the Bishops ( as being a part of her body politique ) be not a violent depraving and wresting of the Statute , which if it be , you being Christian Iudges , cannot in a good conscience upon such a ground proceed to sentence , contrary to your own knowledge . 5. But if the Statute be to be taken so as it is urged , it ought to be considered that without a malicious intent against her Majesties person , the Statute it selfe maketh no act forbidden by it to be Felonious ; wherein I appeale first to God , and then to all men that have seene the whole course of my life & to your Lps. own consciences wherin I pray you to examine your selves in the sight of God , whether either by your selves or the just report of any other you can finde me guilty of any act in all my life , that savoured of any malice or malicious intent against her Majesty or of any other behaviour than standeth with the allegiance and duty of a most dutifull and Christian subject . Of which malice or malicious intent against her Majesty , if your consciences cleare me before God , the act wherewith I am charged being not felonie without such an intent , I hope you will consider that you cannot with a good conscience proceed to judgement . 6. Yet if the Statute and intent were such as it is said , in case of life the evidences ought to be pregnant and full living witnesses ( I am sure by the word of God , and I trust also by the Laws of this land ) were to have bin produced face to face to charge me . But I have none such against me , neither any other thing ▪ saving onely papers and reports of Depositions taken by Ecclesiasticall Commissioners and others , which kind of proofe the judges of the land cast away in case of lands , and by no meanes allow to be sufficient , and therefore are much lesse to be allowed in a case of life , which being so , your Lordships ought to have a conscience , that upon so weake evidences sentence of death be not pronounced . 7. But if the same that hath been given in for evidence in writing , had bin testifyed by men living ▪ standing out in the presence of the Court and of mee the accused , I trust your Lordships will consider that no one of the evidences do directly prove me to bee the Author of the booke in question which as it was hath little force in it as appeareth by this ▪ that the Author of the chiefest testimony is so grieved , that hee is ashamed to come where hee is knowne . Whereupon howsoever the Iury have not discerned thereof , yet you being men of skill and understanding , are to have regard of it , and not upon so weake and impertinent proofes to proceed to judgement of death . 8. If all these things were such as they ought to bee , yet your Lordships are to consider ( supposing me to be the author of the booke in question ) that the said booke for the substance of it , containeth nothing but that which is taught and beleeved to be a part of the Gospell of Christ , by all the best reformed Churches in Europe ; wherein nothing being diverse hom them , I cannot be condemned without condemning in me all such Nations and Churches as hold the same doctrine . In which ( if there be no error in them ) the offence commonly be in forme , circumstance and manner of writing which some men may thinke worthy an admonition , some more severe worthy correction and amercement , the sharpest cannot judge it to deserve more then some short time of imprisonment . But death for an error of such a kind in termes and words not altogether dutifull of certaine Bishops ▪ cannot be but extream cruelty : Which seeing it ought to be farre from any Christian man that hath the bowells of Christ in him . Surely Christian judges professing the Gospell , for a service of the Gospell ( saving some oversight in words and termes ) ought not to proceed against me ( that hath endeavoured to shew himselfe a dutifull Subject and faithfull minister of the Gospell ) to give sentence of death . 9. My offence not being aggravated but remaining as it was the last Assises ▪ when my submission was excepted , and judgement , thereupon stayed : I trust your favour will be the same towards mee now also , seeing I am ready to doe the like . If all this prevaile not , yet my Redeemer liveth to whom I commend my selfe , and say as sometime Jeremy said in a case not much unlike . Behold I am in your hands do with me what seemeth good unto you ; but know you this that if you put me to dea●h , you shall bring innocent bloud upon your owne heads and upon t●e land . As the bl●ud of Abell , so the bloud of Vdall , will cry to God with a loud voice ▪ and the righteous judge of the World , will require it at the hands of all those that shall bee guilty of it . This is the summe of that which I delivered to the Iudges . THe Assises being almost finished , and the other Prisoners that were called to the Barre to haue sentence of death , standing forth to heare the same ▪ I was at the last called , and demanded what I could say for my selfe , why I should not have judgement to die . Hereupon I humbly craving audience began to this effect . Vda . My Lords I doe acknowledge that I have been hitherto proceeded against by due course of law , and that a verdict was given in against me the last Assises as guilty of Felony , &c. But I do not onely ( as heretofore ) protest mine inno●enc●● , but also think that I have sufficient to alleadge why ( not withstanding the verdict ) judgment ought not to be given where I intreat to be heard . Iud. Puck . I pray you stay , you seeme in the beginning to speake contraries , for first you acknowledge the course of law to be due , and afterwards stand upon it , that you are innocent . How can a due course of law condemne the innocent ? Vdall . These things agree well enough , as I will shew if it shall please you to give mee leave : it is by due course of law ▪ that I have been indited , arraigned , have had a Iury impanelled upon me ▪ bin accused , heard speake for my selfe , and testimony produced against mee . But in that the proofe by witnesse was insufficient and the Iury either in judgement or affection missed ; thereupon it hath come to passe that ( notwithstanding the due course of law ) guiltin●sse is laid upon a guiltlesse person . But I pray you let mee proceed to the reasons that I have to alleadge for my selfe . Then I lest the first reason of purpose seeing I did rather wish that they only should understand it ( which they did by my papers overnight ) then to blaze it to the World so that I did begin to speake according to the second reason mentioned before ; whereupon Sergeant Puckering prayed Baron Clarke to speake , seeing it did most concerne him . Iudg. Clar. I must needs tell you , you ●●e us and the seat of Iustice great wrong , indeed ● told the Iury what was the law in the opinion of all the judges of the land , for it was not my private opinion as I said also at that time . Vda . It is not materiall my Lord in this case what the Judges thinke , for though all the Judges in the World thought so , our lawes thought no man a Felon , or capable of sentence as a Felon till hee bee convicted by the verdict of 12. men . Clar. You are so convicted as the record will testifie . Vda . I acknowledge the record against mee , but I appeale to your Lordships conscience whether you delivered not unto them speeches to this effect . As ●or the Felony you are not so much to enquire , but only whether he made the booke , leaving the Felony to us . Clar ▪ You doe me great wrong , I onely told them the law . Vda . Well I leave it to your Lordships favourable consideration you perceive my reason . Then I spake to the third Reason , whereupon it was said . Puck . All that you say tendeth to the disgracing of the Court of Iustice holden against you heretofore , the jury were left to their owne consciences , and did as they saw meet to doe , Vda . No my Lords , I speake not any thing to disgrace the court of justice , for I acknowledge both this course and all others of the like nature , to bee Gods holy Ordinance , which I ought to reverence , neither doe I speake to defame the Jury , but onely to give your Lordships occasion why you may not to proceed to sentence , thereupon , for if the Jury did well , why should it grieve any of them ? if they did ill your Lordships may not proceed to sentence thereupon . Puck . We cannot remember the particular circumstances that then passed ▪ ●either are we to call in question the verdict ▪ but it is our office to give sentence according to it . Vdall , I pray your Lordships tell mee one thing , must the judges alwaies give sentence according to the Verdict , or may there not be cause to stay it ? Clar. Yes there may be cause to stay the verdict ; such may the case be , Vda . And I desire no other but that my reasons may be well weighed whether my case be such or no . Then I prayed for so much as they had the substance of that in writing afor hand which I meant to say , it would please them to give mee leave to say at once what I could ; lest my memorie ( being so much weakened and dulled be imprisonment should faile mee , and so I leave some materiall thing unspoken . Then I spake according to the 4 & 5 Reasons ▪ wherunto little was replyed saving such as things were mentioned at my arraignment . Only Baron clarke used a very long speech , wherein he compared Mr. Stubbs his cause and mine together and after the end of his speech , Judge Puckering said . Puck . Who taught you such law tell you , you are much deceived and abused in it ; one may bee within the compasse of Felony , though hee doe not directly meant any such thing . Vda . Your Lordship knoweth I pleaded these points the last Assises , when I came from close imprisonment to the barre : I understand English which is the language wherein the Statute was written , and I professe my selfe a Scholler and therefore to have ( through Gods mercy ) some understanding of the sence of that I read . It seemeth to me most direct , and no otherwise to be taken then I understand it . Then I spake according to the 6 , and 7 , reasons whereunto it was replyed thus . Puck . You are deceived in that you thinke the witnesses against you the lesse lawfull because the parties were not present . It is an ordinary thing to have witnesses examined in the Chancery and other such like Courts , which doe remaine thereof as sufficient credit for ever , as they were when the parties oath was taken upon the same . Vda . Then would I have answered that the case was not alike , seeing the High-Commission is no Court of Record , but I was not then suffered to speake , for that it was said by the other Judge . Clar. Where do you finde that there must needs ( by the word of God ) be two witnesses face to face ? Vda . It is so cleare as the witnesses were also to have the first hand in executing the punishment upon the party offending . Puck . That was according to Moses Law , which we are not tyed unto . Vda . It is the word of God , which hath a parpetuall equity in it , for the life of man is so precious in the sight of God , as he would not have it taken away without most evident and manifest proofe , such as in his Law is set down . Clar. We are not now to call in question the proofes , seeing the Iury did thinke them sufficient ; This speech of yours tendeth to prove the Iury perjured . Vda . Not so my Lord , I thinke of them that they did according to their consciences , but being men unlearned , and the case being strange unto them , they may have don their best , and yet you being men of more knowledge and judgement , are to looke further into the matter . Puck . Whereas you say that none of the witnesses did directly prove you the Author of the fact , that was not necessary , for if all layd together , and the circumstances considered do prove it , it is as good a proofe as if every witnesse were direct . Vda . But the Law of God from which I trust our Laws dis-agree not , would that every proofe be direct . Puck . And do you thinke indeed , that the Laws of this Land are agreeable to the word of God . Vda . I do not professe to know them , but surely I have so reverent an opinion of them ▪ that I trust the grounds of them are according to the word of God , however in some particulars the proceedings may misse thereof . Puck . Then the Government by Arch-Bishops and Lord Bishops is according to the word of God . seeing the Laws of the Land do allow them . Vda . I pray you my Lord take me not so generall , for that will not follow upon my speeches . P. Well you may not now disgrace the witnesses , you should have done it at your Arraignement . Vda . I neither meant then nor purpose now to disgrace the witnesses , but to shew the insufficiency of their testimony in this case , that your Lordships may thereby see some reason to stay the sentence . The first testimony that was alleadged , was that of Mr. Chatfield , who affirmeth , that it was not given in against me upon his oath , but only in his anger he set his hand to , but is now sorry for it . Puck . You should have alleadged this before , it is now too late . Vda . It is alleadged too late , to prevent the verdict ▪ but if there be any force in it , it ought to be considered to stay the sentence ▪ I could alleadge it no sooner , because I knew it not till after the verdict . Puck . We may not suffer you to proceed so to disgrace that which is passed already ; If you have any other thing to say , speake on ▪ otherwise we must do our office . Vda . It is not my meaning howsoever you take it , to disgrace any thing passed hertofore , onely I pray you further to consider , that Thompkins whose testimony onely carried some shew , protested before my commitment , that he would not for all the world affirme me to be the Author of the Booke . Puck . Why did you not pleade these things to the Iury ? Vda . I did so , and offered to produce sufficient proofe for it , but your Lordships answered , that no witnesses might be heard in my behalfe , seeing it was against the Queene , which seemeth strange to me , for methinks it should be for the Queene to heare al things on both sides , especially when the life of any of her Subjects is in question . Puck . The witnesses were then thought by the Iury sufficient to prove the matter which we may not now call in doubt , therefore say on if you have any more . Vda . Then I spake according to the eight reason , whereupon it was said , Clar. I tell you , you are not called into question for the cause ( as you call it ) nor for the body of the Booke , but only for slanderous things in the Preface against her Majesties government , and therefore you may let the cause alone . Vda . But it is for the hatred borne to the cause that I am thus entreated , for had not it bin handled in the Booke , such matter as is now made of the Preface had never bin objected against me or any other . Puck . Well it is best for you to leave off all other pleas , and submit your selfe to the Queenes Majesties mercy . Vda . I will do so with all my heart . Puck . But will you do it as you did the last Assises ? Vda . Yea that I will ; And so I spake according to the last reason , whereupon it was said : Puck . You confessed that you were justly condemned . Vda . I am not yet condemned : Puck . I meane convicted by the Iury ; then you acknowledged that you had offended her Majesty , that you were sorry for it , and promised that you would never do the like againe . Vda . My Lord , it is not for me to oppose my word and credit , ( which is nothing ) against yours , I refer it to them that heard it ; onely I pray you give me leave to speake of it , as I take it that it was : First , I did avow ( and so I do now , and will do whilst I live ) that the cause handled in that Booke , is an undoubted truth . Clar. How often shall we bid you leave the cause , and tell you that you are not troubled for it . Vda . But it is the cause that is sought to be defaced in my person , and therfore I must and will still prof●sse it and justifie it , wha●●●ver disgrace I receive by it unto my selfe . I pray you let me proceed . Secondly I did protest that I never had any purpose to deface , but ever to seeke ●o honour her Majesty and her Government . Thirdly , I professed that the course of Law against me was due ; whereby what I have meant you have heard . Fourthly , I said that I never had any purpose to do any thing to the advancement of this cause , but keeping my selfe ( to the uttermost of my power ) within the compasse of Law . Lastly ▪ I never confessed my selfe to be Author of the Booke . Then my submission was this , that if I had don any thing to the advancement of so holy a cause ▪ which had brought me within compasse of the Law , or might justly offend her Majesty , I was hea●tily sorry for it ; if this be not it , let me have any other drawn , wherein the former points are justified , and I will set my hand unto it . Puck . But all this is nothing to your Booke in particular , what say you to it ? Vda . I say this , that though I hold the matter in it to be a most manifest truth ▪ yet I confesse the manner of handling in some part to be such as might justly provoke her Majesties indignation . Puck : Because you stand so much upon the cause , as you call it , you provoke me so , as I must needs say somewhat of it , lest the audience should thinke some matter in it more then is . Vda . My Lord , you understand my judgement therein , I beseech you speake not against it ▪ unlesse you will give me leave to replie unto you . Puck . I may not do so , you pr●v●ke me to it , your Discipline that you stand upon , whereupon is it grounded ? forsooth upon the saying of Christ , Tell the Church : which never was expounded these 1500. yeares , as you do within these few yeares . Vda . My Lord , he did abuse you that told you so , Chrysostome expoundeth it thus tell the Church ▪ that is the governors of the Church : Puck . He meant the Governors of the Iewish Synagogue . Vda . How can that be ? when he lived above 400. yeares after Christ : Puck . Was there never any that could finde it out before now if it were a truth ? Vda . Yes it hath testimony sufficient if it might be received : Puck . And lest men should thinke that your matter were as good as you pretend I will tell you what I know : It is written in one of your Bookes , that without an Eldership there is no salvati●n . Vda . I am perswaded that cannot be shewed . Puck . Yes it is in Theses Martinianae , one writ that i● is time to number our hot Brethren . Another ( Mr. Snape of Northampton by name ) wrote that the Bishops should be p●t down all in one day . These things he did discourse of at large in an invective speech most bitter ●ending to perswade the people that we meant to rebell and set up the Disc●pline , and pull downe the Bishops by strong hand , and went about to imp●ir● the Queenes Prerogative and patrimony . After which with much adoe I got aud●ence to this effect . Vda . My Lord , I protest in the presence of God , and hearing of all this people that neither I nor any of my brethren that ever I was acquainted with to my knowledge , did so much as ever purpose or speake of any such means as your Lordships mentioneth to bring in the discipline , but onely by prayer to God , supplication to her Majestie , and such other peaceable meanes : this is my answer to your large invective . And whereas my Lord you seeme to bee so hardly carried against the cause I would not doubt ▪ but if I might privately conferre with you , with the blessing of God to perswade you to be a friend unto it . And after some other speeches of other bookes , and the aforesaid speeches in the bookes mentioned already , Judge Puckering said . Puck . Nay I tell you there are as foule things in your owne booke , For doe you not say that the Church is committed to the Mistris of the Stewes , and ruled by the laws of a brothel-house , Vda . It is spoken of the Popish Canon-law , which is an unfit to rule the Church of Christ , as the laws of a brothel-house to govern an honest woman . Puck . And those laws are established by her Majesties lawes . Vda . It would trouble the learnedst lawyer in England to prove that . Then Baron Clarke began a voice , tending againe to compare my case to that of Mr. Stubs , and to perswade me to submit my selfe telling me what good I might doe , but because he spake low , and I said I did not well heare him , he gave over , and prayed the other to speake , who told mee his meaning , and then said . Puck . Wee shall make short worke with you , will you here acknowledge all the Lawes Ecclesiasticall and Temporall of this Land , to bee agreeable to the word of God . Vda . My Lord , I have disgrace enough upon mee already , you may easily perceive what I thinke of the present Ecclesiasticall government . I pray you presse me not with these things , I can yeeld no further then you have heard . Puck . Then we must doe our office and pronounce sentence on you . Vda . Gods will be done . Puck . Yea Gods will be done on you indeed . Then he gave sentence upon me and the rest , After which I did purpose to speake according to the last sentence after the reasons . But the ●●amors of the other prisoners calling to the Judges to be good unto them disappointed mee thereof . Thus was I returned to prison , what will bee the issue I know not . The Lord turne to his glory the good of his Church , and shame of his foes , and then welcome life or death . I being reprieved ( as the Sheriffe said by her Majesties owne commandement ) Doctor Bond one of the Queenes Chaplaines , came to me as from the Queene her selfe and from the Councel , with the submission that was tendered an●o to conferre with me in generall , but specially to perswade me to yeeld thereunto , or to take the reasons of my refusall , after two dayes conference wee agreed upon a forme of submission , as followeth . The Forme of that submission which was offered unto me , and I refused . I Iohn Vdall , have bin hitherto by due course of Law convicted of felony , for penning and setting forth a certaine booke , called a Demonstration , of Discipline , wherin false , slanderous and seditious matters are contained , against her Majesties Prerogative Royall , her Crown and Dignity and against the laws and Government Ecclesiasticall and temporall , established by Law under her highnesse , and tending to the erecting of a new forme of government contray to Her said Lawes . All which points I do now by the grace of God perceive to be very dangerous to the peace of this Realme and Church , seditious in the Common-wealth , and justly offensive to the Queenes most excellent Majestie , so as thereby I now seeing the grievousnesse of this my offence , doe most humbly on my knees before God and this presence , submit my selfe to the mercy of her highnesse , being must sorry , that so deepely and worthily I have incurred her Majesties indignation against mee , promising if it shall please God to move her Royall heart to have compassion on mee , a most sorrowfull convicted Person , that I will for ever hereafter forsake all such undutifull and dangerous courses , and demeane my selfe dutyfully and peaceably to all authorities both Civill and Ecclesiasticall established in this Realme , for I doe acknowledge them to be both lawfull and godly , and to be obeyed of every faithfull Subject . The Forme of that submission whereunto I did Consent and set my Hand . With these three Protestations I doe submit my self in manner as followeth . 1. I hold the cause of Discipline debated in that booke to be an undoubted truth . 2. I never imagined any evill against her Majesties Person or Estate , but have sought to honour them both ▪ 3. I never purposed to do or perswade any thing whereby the Discipline might be advanced but by peaceable meanes , endeavouring to keepe within the compasse of Law . I Iohn Vdall , ●ave been by due course of Law , convicted and condemned of Felony , for penning and publishing a certaine book called the Demonstration of Discipline , In the Preface whereof some matter as also the manner of writing , I confesse to bee in some part so bitter and undutifull , as deserveth justly to bee censured and punished , and justly offensive to the Queenes most excellent Majestie : wherefore the tryall of the Law imputing unto me all such defaults as are in that booke , and laying the punishment of the same in most grievous manner upon me , and I seeing the grievousnesse of this offence , doe most humbly on my knees , as in the presence of God , submit my selfe to the mercy of her Highnesse , being most sorry that so deepe and just occasions should be given to procure her Majesties displeasure against me , promising that if it shall please God to move her Royall heart to have compassion on me a most sorrowfull condemned person , that I will for ever hereafter forsake all undutifull and dangerous courses , and demeane my selfe dutifully and peaceably as becommeth a Minister of the Gospel , and as a loyall subject to the Queens most Excellent Majestie . At the same time that Doctor Bond was with me , I received a letter from a Friend of mine , that did solicite Sir Walter Rawleigh for mee , wherein were these words . SIR Walter Rawleigh willed me to let you understand , that her Majestie is informed of you , that you hold that the Church of England is no Church , and the Sacraments of the same , no Sacraments , and that all her Ecclesiast●●●●●●ws are against the word of God , and so her government , and that all Ecclesiasticall matters ought to be governed by a Presbytery , and shee her selfe to be subject to the censures thereof . And that for these things and such like you are not worthy to live . But if you will write halfe a dozen lines under your hand , unto Sir Walter concerning these opinions , that hee may shew it to her Majestie ▪ he hopeth to obtaine your life . I know it is an easie thing for you to answer all these things , and therfore doe it with speed , and in your writing to Sir Walter take knowledge , that he hath sent you such word . Hereupon I wrote a Letter to Sir Walter Rawleigh , and what I hold in these points as followeth . To the right Honourable Sir WALTER RAWLEIGH , Knight , Lord Warden of the Stannery . MY duty being remembred unto your Lordship , I humbly thanke your Honour for your great and honourable care over me and for my good ; whereof I trust you shall never be ashamed , m●st humbly beseeching your good Lordship to be a meane to appease her Majesties indignation conceived against me , by meanes of some accusations untruely suggested ; for God is my witnesse , I have never had any earthly thing in so precious accompt as to honour her Highnesse , and to draw her Subjects to acknowledge with all thankefullnesse the exceeding blessings that God bestoweth upon them by her Majesties happy Government , whereof I trust mine adversaries will be witnesses when I am dead . I have sent unto your Lordship ( as in perplexity I could upon the sodai●e ) what I hold concerning certaine points declared unto me , as from your Lordship , praying that it would please you to make known the truth thereof unto her Highnesse : And if neither my submission heretofore delivered , nor these things now set down will be accepted to draw her Highnesse of her gracious compassion to pardon me , that yet it would please her Majesty ( that the Land may not be charged with my blood ) to change my punishment from death to banishment . Thus trusting your Lordship will vouchsafe me this favour , and that it will please her Majesty thereupon graciously to consider of me , I humbly take my leave , From the White-Lyon , Febr. 22. 1590. Your Lordships to command , Iohn Vdall prisoner . 1. I do believe and have often preached , that the Church of England is a part of the true visible Church of Christ , and that the preaching of the word and administration of the Sacraments therein are the holy Ordinances of God , profitable and comfortable to every one that rightly partakes thereof . In which regard I have bin and do yet desire to be a preacher in the same Church ▪ and have communicated in the Sacraments and Prayers therein , for the space of 7 yeares at Kingston , and about a yeare at Newcastle upon Tyne , immediatly before mine imprisonment , and therefore I do from my heart utterly renounce the Schisme whereinto the Brownists have fallen in condemning the Churches of England , and separating themselves from communicating in the publique Ministery thereof . 2. I know no other but that the Statute Laws of this land do maintaine the holy Ministery of the word and Sacraments in such manner as any Christian may with a safe conscience both administer therein and communicate therewithall . Also that the Law which requireth a subscription to the Articles of Religion so far as they contain the Doctrine of Faith and Sacraments is agreeable to the word of God . 3. I do believe that by the word of God her Majesty hath , and ought to have ▪ a supreame Authority over all persons , in all causes , both Ecclesiasticall and Civill to inforce every man to do his duty and to be obedient in every thing that is not contrary to the word of God . And if the Prince should command any thing contrary to Gods word , it is not lawfull for the Subjects to rebell or resist , no not so much as in thought but with patience and humility to beare all the punishments layd upon them ▪ seeking onely by Prayer to God , and supplication to Authority , and such like peaceable meanes to have ●aults amended . 4. I do believe that by the word of God , the Churches rightly reformed ought to be governed Ecclesiastically by the Ministers , assisted with Elders , and this is not my private judgement ▪ but such as I have learned out of the word of God , bin confirmed in by the writings of the most learned and godly men of ancient and latter times , and have seen practised with much peace and comfort in the best reformed Churches in Europe , and even by those Exiles which her Majesty to her great honour hath hitherto protected . 5. I do believe that the Censures of the Church ought meerely to concern the Soule , and may not impeach any Subject , much lesse any Prince , in the liberty of Body , Dominion , goods , or any earthly priviledge whatsoever ; and that therefore the Papall Excommunication that deposeth Princes , and freeth their Subjects from their Allegiance or any part of Christian obedience to Civill Authority , is blasphemous against God , injurious to all men , and directly contrary to Gods word : neither do I believe that a Christian Prince ought otherwise to be subject to the Censures of the Church , then our gracious Queene professeth her selfe to be unto the preaching of the word & administration of the Sacraments according to the doctrin of our Church in Mr. Nowells Catechisme and the Hom : of the right use of the Church , at this day appointed publiquely to be read . If I understand of any other thing that I am charged to hold as a strange and private opinion , I would be willing to shew my minde freely in it ; for my desire is , that her Highnesse might truely be informed of every thing that I holde : so should I be sure to obtaine her gracious favour , without which I do not desire to live . These things thus passed , I remained as before , without any great hope of liberty , or feare of extremity , untill the next Assises drew neere , at last there came Mr. Nowell Deane of Pauls , and Mr. Doctor Andrews with a new submission yet containing nothing one clause excepted ) which was not in the former , which I condescended unto , notwithstanding I refused presently to set my hand unto it ▪ ( though they promised in the name of the Councell , that in yeelding to it I should obtaine pardon and liberty , because I would do nothing without good advice and consideration . The copie of the submission given me by Mr ▪ Deane of Pauls , with his name to it as followeth . I Iohn Vdall have bin heretofore by due course of Law , convicted and condemned of Felony , for penning and publishing a certaine Booke called The Demonstration of Discipline , in the Preface wherof some matter , as also the manner of handling of it . I confesse in some part to be so bitter and undutifull ▪ as deserveth justly to be censured and punished according to the Laws of this Realme , established under her Highnesse , and justly offensive to the Queenes most excellent Majesty ; wherefore I now seeing the grievousnesse of this offence do most humbly on my knees and in the presence of God submit my selfe to the mercy of her Highnesse , being most sorry that so deep and just occasion should be given to procure her Majesties d●●pl●●sure against me , promising that if it shall please God to move her Majesties Royall h●●rt to have compassion on me , a most sorrowfull condemned person , I will ever hereafter forsake all undutifull seditious and dangerous courses , and demeane my selfe dutifully and peaceably , as becometh a Minister of the Gospell , and a loyall Subject of the Queenes most Excellent Majesty . This is the true Copy of the submission ●●nt unto me from her Majesties most Honourable Privy-Councell . Alexander Nowell . When I had weighed with my selfe , that the clause which is added may admit a good interpretation , and the omitting of that which is left out of my former submission , causeth no ill sense of that which is set down I condescended ( being also advised thereunto by my good and godly friends ) to set my hand unto it , and thereupon wrote a Letter unto Mr. Nowell as followeth . RIght Worshipfull Mr. Deane , I praise God with all my heart , that authority hath so good remembrance of my lamentable Estate , and yet more that by the same I am for my forme of submission to deale with a man of that piety and wisedome , that you have bin worthtly in the Church long agone esteemed to be of , and so have continued to t●●● reverend age that you are come unto . It may please you Sir to understand , that I have considered of the forme of submission , that your Worship brought unto mee , and find nothing in it , but that in a good conscience I can yeeld unto , for it requireth not of me any dentall or disallowance of the Cause of Discipline debated in the booke , for which I am in question , the substance of which doctrine I believe to be the undoubted truth of God , and therefore ought never to deny or disallow it : Notwithstanding with my perswasion I take God to witnesse , that I never purposed to doe or perswade any thing , whereby it might be advanced , but by peaceable meanes , endeavouring to keepe within the compasse of Law ▪ Further also the said forme of submission , chargeth mee not with any malice against her Majestie , from which likewise I acknowledge as in the presence of our Saviour Christ , that is ready to come to judge the quick and the dead , that I have bin alwayes free and have carried a Christian , loving and dutifull affection to her Majesties Royall person and estate , as I know by the word of God I ought to doe , which being so , I have resolved to satisfie the authority from which you brought me the said forme of submission , and at your good pleasure without further limitation simply to subscribe it . Good Mr. Deane in the bowels of Christ have compassion of my estate , more wayes lamentable then I can in a few or many words expresse , or ( as I thinke ) any other but only the spirit that is taught to pray with groans that cannot be uttered , and in such christian compassion by your favourable and earnest mediation to the authority that may relieve me , procure my pardon and free discharge , of the dangers and troubles wherein I am , that I may say with the Prophet I shall not die , but live and declare the works of the Lord . So shall not only my poore Wife and Children , but I hope many others praise God for you in that respect , and my selfe as beholding unto you in a case of life , continually pray for you your good estate to the Lord of life blessed for ever . Amen . After I had thus set my hand hereunto , I advised also to write unto certaine of the Councell and other honourable persons besides , partly to let them understand in what sense I had yeelded hereunto , and partly to intreate their favour , and furthermore for my liberty : the copy of which letter ( for it was the same word for word to every one , the Title of their severall estates excepted ) here ensueth . RIght Honourable my present lamentable condition enforceth me in most humble manner , to crave so much leisure of your Lordships from the weighty affaires of the State , as to consider of these few lines . The Reverend Mr. Nowell Deane of Paules , and Mr. Doctor Andrewes a few dayes agoe brought me forme of submission ( as they said ) from authority with hope of favour for my life , if I would yeeld unto it . Whereof having considered and finding nothing in it , but which I had heretofore yeelded unto , when Mr. Doctor Bond was with me , one clause excepted , to wit , That the faults doe deserve to bee punished according to the Lawes of the Land . Which yet hath no such words but may beare so good a sense as I thinke may in such forme submit my selfe , without either condemning the suite for a further Reformation or my selfe as justly deserving by the Lawes to die . I cannot discerne sufficient cause to refuse it , for by the hardest word that I have by due course of Law bin convicted and condemned . I understand the forme of proceeding by ind●●ment Arraignement , Jury , Witnesses and such like as also by that clause , that the manner of writing is in some part such as deserveth justly to be censured and punished by the lawes of this Land . I meane of such censures as the good Lawes of this Land administred with Justice do ordaine for punishing of such offences in the manner of writing which cannot bee of death without malice against her Majestie . From which ( I take Almighty God to witnesse ) I have bin alwaies free . In regard wherof I feared lest I might be thought to stand too comentiously and undutifully with Authority , & too be to carelesse of mine owne estate , if I should not yeeld to such a form of submission as they brought unto me . Wherein having yeelded , as farre as in conscience I may , and as authority by their meanes requireth of mee . My most humble suite to your Lordships is that in your Christian and honourable compassion of my most lamentable estate , that that may please your Lordships by your favourable mediation to her excellent Majestie , to further my most humble suite , for my pardon and free discharge of these my grievous troubles . So shall I bee bound yet more heartily to praise God for your Honour , and to pray unto God for your prosperous estate long to endure to the glory of Almighty God , and to your own everlasting comfort . WIthin foure or five dayes after Mr. Doctor Andrewes returned unto me , signifying that all that was done was mistaken , for that was not the submission that was meant of me , but another . Which when I had perused I sound it the same ( onely the last clause left out ) which was ostered mee by the Judges at the Assises . And he said the Clarke to whom the making of the letter to Mr. Nowel putting in one for another . And because I utterly refused to consult of it , as having yeelded before to so much as I might hee prayed me to understand what I tooke exceptions against and for what Reasons . So wee entred into many discourses , as first how the Discipline could be said to be against the Queenes Prerogative Royall seeing it was ( as I said I did beleeve ) expressed in the Scriptures whereby all lawfull priviledges of Princes are warranted . Then we debeted whether the Supremacy of a christian Prince be the same with an Heathen , or diverse from it . After that whether the authority of Princes in making Church laws be dejurt , or de facto only . And lastly of the most points of discipline . Thus we continued 5 or 6 hours , and at last he would have no answer of me then , but he prayed me to advise of it , for he would come againe . I answered , that the oftner he came the welcomer he should be , but I told him I would not accept of it , yet hee came twice after and tooke my reasons of my refusall to yeeld thereunto , and promising me all the favour he could procure me , he departed . After this the Assises approaching , and the generall report being that it would go hard with me . I being desirous to use any good meanes , did not onely solicite the Earle of Essex , and Sir Walter Rawleigh , who had heretofore dealt for mee , but also I was advised to write againe unto Mr. Nowell , earnestly charging him to take my case to heart , seeing he had promised to procure me favour , whereupon I wrote unto him this letter following . RIght Worshipfull Mr. Nowell , as I did rejoyce when I perceived that you were imployed to deale with mee about my submission , because of that Reverend estimation that you have bin so long of among the Worthies in the Church of God , hoping , that I I should have found thereby , some comfortable meanes of meditation unto authority for my release , so I am now occaisoned to feare that all that credit with you are of , shall be used as an instrument to further and hasten extremity upon me . For so much time being passed since I voluntarily yeelded to that submission which you brought unto me and no liberty appearing from any place , but rather that being given out , that my submission shall be a speciall meanes to hasten my death , and no way to procure my liberty , I am constrained to write unto you , to let you understand , that as I looke for that end the next weeke at the Assises at Kingston ( where I have been a Preacher ) which hath so long bin threatned , but ( to the doubling of my torments deferred , whereunto ( I doubt not the Lord will strengthen me , as graciously he hath hitherto done . So I pray you as you will answer unto God for my blood , which I am perswaded your credit being imployed to the uttermost ( as in the word and faith of a Christian you promised ) might have preserved that you would so take my case to heart , as it may inforce you to leave no stone unturned which may either further my liberty , or at lest cleere your conscience from being any way accessary to my death . For it will one day bee an heavy thing to your heart , to thinke that you should be set on worke , and the accompt that is worthily made of you , imployed under pretence , yea and as it were with assurance of life and liberty , to draw that from a Preacher and Professor of the gospel which afterward shall be used to hasten his end : and you will say it had bin better that you had never bin of any reckoning , then to bee made an Instrument to further such an action . This I write unto you not in any troubled affection with the feare of death , for I thanke God I am willing to end my daies , and ( if it please the Lord ) even in this manner and hope that my death shall further the cause , for which I suffer more then my life . But lest I should neglect any meanes which might seeme to be a furtherance to prevent the same , or leave that dutie unperformed unto you , which I take my selfe in conscience bound to discharge , the Lord make us willing and able to discharge every good dutie , that he enjoyneth us to his glory , the good of his Church , and our own comfort , whether by l●fe or death . About the same time came a Letter from the King of Scotland to a Scotish Merchant , one Mr. Iohnson lying in London , to be delivered to her Majesty ( as was said ) being written in my behalfe , as he had done once before when I was close prisoner ; this Letter did the Merchant deliver to her Majesty , and the Dean of Pauls upon my Letter went to the Councell , whereby whatsoever was wrought , as soone as the Judges heard that I was brought to Kingstone where the Assises were then kept , I was immediately returned unto the White-Lyon in the evening before the first day thereof . Afterward Mr. Iohnson had the Copy of the Kings Letter sent unto him , which then appeared to be written not for me alone , but also for the rest of my Brethren the Ministers in prison for the same cause of Discipline , the tenor of which Letter here followeth . RIght Excellent high and mighty Princesse , our dearest Sister and Cousen , in our heartiest manner we recommend us unto you : Heareing of the apprehension of Mr. Udall and Mr. Cartwright and certaine other Ministers of the Evangell within your Realme , of whose good erudition and fruitfull travells in the Church we heare a very credible commendation ; howsoever that their diversitie from the Bishops and others of your Clergy , in matters touching them in conscience , hath bin a meane by their dilation to worke them your misliking ; at this present we cannot ( weighing the duty which we owe to such as are afflicted for their conscience in that profession ) but by our most effectuous and earnest Letter interpone us at your hands to any harder usage of them for that cause : Requesting you most earnestly , that for our cause and intercession it may please you to let them be relieved of their present straite , and whatsoever further accusation or pursuite depending on that ground , respecting both their former merit , in setting forth of the Evangell the simplicitie of their conscience in this defence , which cannot well be their let by compulsion , and the great slander which could not faile to fall out upon their further straiting for any such occasion , which we assure us your zeale to Religion , besides the expectation we have of your good will to pleasure us , will willingly accord to our request , having such proofes from time to time of our like disposition to you , in any matters which you recommend unto us . And thus Right Excellent , Right High and Mighty Princes our deare Sister and Cozen , we commit you to Gods good protection . From Edenborough the 12th ' Day of June . 1591. The just Copy of the Kings Letter , sent to her Majestie . PResently upon these things fell out that wretched matter of that lewd fellow H●cket , whereby the adversary did take occasion so to slander the truth and to disgrace the Professors of the same unto her Majestie , that I thought it bootelesse to sue . And so I did little til the Lord Chancellor was dead and forgotten by such as were sorry for it , so that about Easter terme following , I sued for liberty to goe to Church , which was denyed mee being a condemned man , but by the Lord Treasurers meanes I got a copy of my Inditement , which before I could not obtaine . HEreupon I getting a pardon framed according to the Inditement , sent it with a Petition by my Wife to the Councell , who referred mee to the Arch-bishop , unto whom I both sent diverse Petitions and dutifull Letters , and also got many of my freinds both honourable personages and others , to sue to him , yet could not his good will be gotten . At last the Turkie merchants having my consent to goe for a time into Guynea to teach their people , that abide in that place , if they could procure my liberty sent unto him for his consent ▪ who promised his good will so that they would be bound that I should goe indeed , when I had my liberty . But when two of the Auncients of the Company went unto him for his hand thereunto , he would not yeeld it ▪ unlesse they would be bound not onely that I should goe ( which they were willing unto ) but also that I should tarry there , till I had her Majesties licence to come thence . This Condition they could not yeeld unto ▪ for that I denyed to go upon any such ground , so was their suite and my hope of liberty at an end , saving that one Mr. Ca●ell who had bin the first beginner of it , and being to goe into Turkie did most affect it , moved the Deane of Pauls in it , who thereupon wrote unto my Lord Keeper , perswading him of the conveniencie of that Journey for me , and my fitnesse thereunto , which letter when he received he did so deale with the Arch-bishop , as they both promising at their next meeting at Court to deale with her Majestie , to signe my pardon , that so I might have liberty to goe the Voyage . FJNJS .