(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Cobbett's Complete Collection of State Trials and Proceedings for High ..."

Google 



This is a digital copy of a book that was preserved for general ions on library shelves before il was carefully scanned by Google as part of a project 

to make the world's books discoverable online. 

Il has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 

to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 

are our gateways to the past, representing a wealth of history, culture and knowledge that's often diflicult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 

publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parlies, including placing technical restrictions on automated querying. 
We also ask that you: 

+ Make non-commercial use of the plus We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a b<x>k is in the public domain for users in the United States, that the work is also in the public domain for users in other 

countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means il can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's hooks while helping authors ami publishers reach new audiences. You can search through I lie lull text of this book on I lie web 
at |http : //books . qooqle . com/| 



h i-oiu the Jarbof ! 




ISIASD-SHNFC 



COBBETT'S 



COMPLETE COLLECTION 



OF 



State Trials. 



VOL. II. 



rtMMi^M* 



V 



* *WL*i 



COBBETT'S 



*.. '• • 



c d mp ii£ t is co 1 1 e c tto n 



OF 



State Trials 



AND 

PROCEEDINGS FOR HIGH TREASON AND OTHER 

CRIMES AND MISDEMEANORS 

FROM THE 

EARLIEST PERIOD TO THE PRESENT TIME. 



VOL. II. 

COMPRISING THE PERIOD 

FROM THE FIRST YEAR OF THE REIGN OF KING JAMES 

THE FIRST, A.D. 1603, TO THE THIRD YEAR OF THE 

REIGN OF KING CHARLES THE FIRST, A.D. l627« 



LONDON: 

PRINTED BY T. C. HANSARD, PETERBOROUGH-COURT, FLEET-STREET. 

PUBLISHED BY R. BAOSHAW, BRY DORS STREET, COVBNT-GARDBN ; AND SOLD 
BY J. BUDD, PALL-MALL; J. FAULDER, NBW-BOND-STREET ; S1JFBWOOD, 
JfBBLBY AND JONES, PATERNOSTER-ROW ; BLACK, PARBY AND KINGSBURY, 
LB AD BNH ALL-STREET; BELL AND BRADFUTR, EDINBURGH; AND J. ARCHER, 
DUBLIN. 

1S09. 



50-3. ' 



• • • • 

• • • 



• • » • 



- • • • ' 



• • • • 



• ••• v 



• •• • # • • 



• • • • • • 






• • 



• • • • • 



• • w » • • 



• • 1 • • 
• • • . • • 



• • • • 



• • • • I 

•• • 

• • • • < 

• • • • 
• • «••••< 



* • 



TABLE 'OF CONTENTS 



TO 



VOLUME II. 



ft 



STATE TRIALS IN THE REIGN OF 
KING JAMES THE FIRST. 

%* The new Matter is marked [N.} 



^> 



Pag* 
#4. The Trial of Sir Walter Raleigh, knt at Winchester, for High Treason, 

1003 -.-! 

75. The Trial of Sir Grtffik Markham, knt. Sir Edward Parham, knt. George 

Brooke, esq. Bartholomew Brookesby, esq. Anthony Copley, Wil- 
liam Watson, Priest, and William Clarke, Priest, for High Treason, 
at Winchester, 1603 62 

76. Proceedings in a Conference at Hampton Court, respecting Reforma- 

tion of the Church, 1004 [N.J 70 

77. The Case between Sir Francis Goodwin and Sir John Fortescue, relative 

to a Return for the County of Buckingham, 1004 - - - 01 

75. The Cass of Mixed Money in Ireland, 1605 114 

79. Articuli Cleri : Articles (so intitled by Lord Coke) of Complaint against 
the Judges of the Realm ; exhibited by Richard Bancroft, Arch- 
bishop of Canterbury, in the Name of the whole Clergy, 1605. 
Together with the Answers thereunto by all the Judges and Barons 
[N.] - - - . - 131 

60. Tbm Trials of Robert Winter, Thomas Winter, Guy Fawkes, John 
Grant, Ambrose Rookwood, Rob est Keyes, Thomas Bates, and Sir 
Bveraio Dioby, at Westminster, for High Treason, being Conspira- 
tor! in the Gunpowder-Plot, 1606 U9 

The History of the Gunpowder-Plot, written by King James him- 
self, extracted from the first Collection of his Works published 

his life-time by Mountague, Bishop of Winchester [N]. 105 



▼i TABLE OF CONTENTS. 

Page 

61. The Trial of Henry Garnet, Superior of the Jesuits in England, at the 
Guildhall of London, for High Treason, being a Conspirator in the 
Gunpowder Plot, 1606 218 

68. A true Report of the Arraignment, Tryall, Conviction, and Condemnation, 
of a Popish Priest, named Robert Drewrie, at the Sessions-house in 
the Old Bay lie, on Friday and Wednesday, the 20th and 24th of Fe- 
bruary, 1687 [N.] 358 

63. The Case of Impositions, on an Information in the Exchequer by the At- 
torney-General against Mr. John Bates, Merchant, 1606 — 1610 - 371 

84. The Conviction and Attainder of Robert Lalor, Priest, being indicted on 

the Statute of the 16th Richard II. cap. 5 : Commonly called, The 
Case of Praemunire in Ireland ------- 534 

85. The Case of the Postnati, or of the Union of the Realm of Scotland .with 

England, 1608 550 

86. The Trial of George Sprot, in Scotland, for High Treason, in conspiring 

with John Earl of Gowrie, to murder King James I. 1 60ff - - 698 

87. The Process and Trial of Robert Logan, of Restalrig, for High Treason, 

in conspiring with John Earl of Gowrie, to murder King James 1. 1609 707 

8S. The Trial of Lord Balmerinoth, at St. Andrew's, for High Treason, 1609 722 

89. The Case of Proclamations, 1610 [N.] 723 

90. The Cases of Bartholomew Legat and Edward Wightman, for Heresy, 

1612 [N.] 727 

91. The Earl of Shrewsbury's Case ; or the Case of Dignities, 1612 [N.] - 742 

92. The Arraignment and Confession of the Lord Sanquire, (who, being a Baron 

of Scotland, was arraigned by the Name of Robert Creighton, esq.) 
at the King's-bench Bar, in Westminster-hall, the 27th of June, for 
procuring the Murder of John Turner, a Master of defence, whom 
he caused to be shot with a Pistol by one Carliel, a Scottish-man, for 
thrusting out one of his Eyes in playing at Rapier and Dagger, 1612 743 

98. Proceedings against Mr. James Whitelocke, in the Star-Chamber, for 

a Contempt of the King's Prerogative, 1613 .... - 766 

94. Proceedings against Mary Countess of Shrewsbury, before a Select Coun- 

cil, for a Contempt in refusing to answer fully before the Privy Coun- 
cil, or to subscribe her Examination, 1612 "- - - - - 770 

95. Case of Mr. William Talbot, on an Information ort terms, for maintain- 

ing a Power in the Pope to depose and kill Kings, 1613 - 77$ 

96. Proceedings between the Lady Frances Howard, Countess of Essex, and 

Robert Earl of Essex, her Husband, before the King's Delegates, in a 
Cau^c of Divorce, 1613 786 

97. The Earl of Northampton's Case, 1613 [N.] 862 

99. Proceedings against Dr. Richard Keile, Bishop of Lincoln, for Words 

spoken in Ue House of Lords, 16 U[N.] 8G6 



TABLE OF CONTENTS. vit 

Page 
99. The Case of Edmund Peacbam, for Treason, 1615 £N.] . 870 

100. The Case of John Owen, otherwise Collins, for Treason, 1015 [N.] • 879 



•1. Proceedings against John Ogilyiz, for High Treason, at Glascow, in 

Scotland, 1615 884 

The Arraignment of John Ogihrie, on Tuesday the 28th of February, 
in the Town-house of Glascow, before James Hamilton, James 
Bell, Colin Campbell, and James Bradwood, Bailifls of the City, 
Justices appointed by special Commission for that Business, by 
the Lords of the Priry-Council ------ 887 

103. The Case of Mr. Oliver St. John, on an Information ore terms, in the 
Star-Chamber, for writing and publishing a Paper against a Benevo- 
lence collected under Letters of the Privy-Council, 1015 - - - 899 

103. The Trial of Richard Weston, at the Guildhall of London, for the Mur- 

der of Sir Thomas Overbury, 1015 -' 911 

104. The Trial of Anne Turner, Widow, at the King's-bench, for the Murder 

of Sir Thomas Overbury, 1015 ------. 930 

106. The Trial of Sir Jervis Elwes, knt. Lieutenant of the Tower ; at the 

Guildhall of London, for the Murder of Sir Thomas Overbury, 1015 - 935 

100. The Trial of Jambs Franklin, at the King's-bench, for the Murder of 

Sir Thomas Overbury, 1015 ---.... 047 

107. The Arraignment of Sir Thomas Monson, knt. at the Guildhall of Lon- 

don, for the Murder of Sir Thomas Overbury, 1015 ... 950 



106. The Trial of the Lady Frances Countess of Somerset, for the Murder of 

Sir Thomas Overbury, 1010 - 951 

109. The Trial of Robert Carr, Earl of Somerset, for the Murder of Sir 

Thomas Overbury, 1610 966 

110. The Proceedings against Sir John Hollis, Sir John Wbntworth, and Mr. 

Lvmsden, in the Star-Chamber, for traducing the Public Justice, 1015 1022 

111. The Case of Duels; or Proceedings in the Star-Chamber, against Mr. 

William Priest, for writing and sending a Challenge, and Mr. 
Richard Wright for carrying it, 1615 - 1034 

113. The Case of Mart Smith, for Witchcraft, 1616 [N.] ... -1050 

113. Proceedings against Mr. Wraynham, in the Star-Chamber, for slander- 

ing the Lord-Chancellor Bacon of Injustice, 1018 - • - - . 1059 

114. The Caseof Williams, of Essex, for Treason, 1019 [N.] - 1080 

1 15. Proceedings in Parliament against Francis Bacon Lord Verulam, Viscount 

St. Albans, Lord Chancellor of England, upon an Impeachment for 
Bribery and Corruption in the Execution of his Office: And also 
against Dr. Theophilus Field, Bishop of Llandaff, 1020 - 1037 

1Mb Proceedings in Parliament against Sir Giles Mompesson, a Monopolist 

end Patentee, 10SO [N.] - - - - - - - -1119 



Tlii TABLE OF CONTENTS. 

117. Proceedings in Parliament against Sir Francis Micheia, a Monopolist 

and Patentee, and Co-partner with Sir Giles Mompesson, 1621 [N.] 1131 

118. Proceedings against Sir Henry Yelverton, the King's Attorney-General, 

for Misdemeanors, 1621 [N.] - - 113i^ 

119. Proceedings in Parliament against Sir John Bennett, knt for Bribery 

and Corruption, 1621 [N.] 1146 

120. Proceedings in Parliament against Edward Flotde, for scandalizing the 

Princess Palatine, 1621 [N.] 1154 

121. Proceedings against George Abbot, Archbishop of Canterbury, for the 

killing of Edward Hawkins, one of the Lord Zouch's Keepers, 1621 
[N.] - - - - 1150 



occedings on the Impeachment of the Lord 
High drimes and Misdemeanors, 1624 [N/ 



122. Proceedings on the Impeachment of the Lord Treasurer Middlesex, for 

.] 1183 



123. Proceedings in Parliament against Samuel Harsnet, Bishop of Norwich, 

for Extortion and other Misdemeanors, 1624 [N.] .... 1254 



KING CHARLES THE FIRST. 



124. Proceedings in Parliament against Richard Mountagub, Clerk, for pub- 

lishing a factious and seditious Book, 1625 [N.] - . . - 1258 

125. Proceedings in Parliament against the Duke of Buckingham, the Earl of 

Bristol, and the Lord Conway, for High Crimes and Misdemeanors, 
1626 [N.] 1267 

126. Case of George Abbot, Archbishop of Canterbury, for refusing to licence 

a Sermon preached by Dr. Sibthorpe, in order to promote the Loan 
and to justify the King's imposing Public Taxes without consent of 
Parliament, 1627 [N.]- 1450 



COBBETTS 



COBBETT'S 

COMPLETE COLLECTION 



OF 



State Trials. 



74. The Trial of Sir Walter Raleigh, knt. at Winchester, for High 
Treason: 1 James I. 17th of November, a. d. 1603. 



1 HE Commissioners were, Henry Howard, 
earl of Suffolk, Lord Chamberlain ; Charles 
Blunt, earl of Devon; lord Henry Howard, 
afterwards earl of Northampton ; Robert Cecil, 
earl of Salisbury : Edward lord Wotton of 
Morlev; sir John Stanhope, Vice Chamberlain, 
L. C. Justice of England, Pophom ; L. C. Justice 
of the Common-Pleas, Anderson ; Mr. Justice 
Gawdie; Justice Warburton; and sir W. Wade. 

First, the Commission of Oyer and Terminer 
was read by the Clerk of the Crown Office;, 
and the prisoner bid to hold up hi* hand. 

And then presently the Indictment, which 
was in effect as folio wet h : 

" lliat he did conspire, and go about to 
deprive the king of his Government ; to 
raise up Sedition within the realm ; to alter 
religion, to bring in die Roman Superstition 
and to procure foreign enemies to invade 
tlie kingdom. That the lord Cobham, the 9th 
of June last, did meet with the said sir Walter 
Raleigh in Durham- house, in the parish of St. 
Martin's in the Fields, and then and there had 
conference with him, liow to advance Arabella 
Stuart* to the crown and royal throne of this 

* This Arabella Stuart was daughter of 
Charles Stuart earl of Lennox, brother of Henry 
lord Darnley father of king James th;; 1st. 
Thfse Charles and Henry were sons of Mar- 
garet the daughter of Margaret eldest sister of 
Henry 8th, and mother of Jiimcs the r»th of 
Scotland, father of the celebrated Marv the 
mother of James the 1st of England. Tl*' con- 
temporary historian Wilson, after mentioning 
the poisoning of Over bury, Writes thus: 4 * The j 
lady Arabella dying about tin* time in the 
Tower, *et mens tongues and fears at work, 
chat she went the same wav. Such mi-ehicf 
doth one evil action introduce, thdt it unites a 
great road for jealousy to punue after it. The 

\Ql~ IL 



kingdom ; and that then and there it was 
agreed, that Cobham should treat with Arem- 
berg, embassador from the archduke of Austria, 
to obtain of him 600,000 crown*, to bring to 
pass their intended treason. It was agreed 
that Cobham should go to the archduke Albert, 
to proeure him to advance the pretended titl« 
of Arabella : from thence knowing that Albert 
had not sufficient means to maintain his own 
army in the Low Countries, Cobham should go 

lady was daughter to Charles Stuart, (younger 
brother to our king's father) by Elizabeth Ca- 
vendish, and was married some years past to sir 
William Seymour, son to the lord Beauchamp, 
and grandchild to Edward earl of Hertford; 
both at some distance allied to the crown, 
therefore such a conjunction would not be ad- 
mitted in the Royal Almanack ; so dreadful is 
every apparition that comes near princes titles. 
Sir William Seymour for the marriage was com- 
mitted to the Tower, and the lady Arabella con- 
fined to her house at High-gate. But after 4 some 
imprisonment, they conclude to escape beyond 
sea together ; appointing to meet at a certain 
place upon the Thames. Sir William leaving his 
man in his bed, to act his part with his keeper, 
got out of the Tower in a disguise, and came to 
the place appointed. She, dressed like a young 
gallant in man's attire, followed him from her 
houte ; but staying long above the limited time, 
made him su>picious of her interception ; so 
that he went away, leaving notice if she came, 
that he was gone away before to Dunkirk. 
She, good lady, fraught with more fears, and 
larging in her flight, was apprehended, brought 
hack to the Tower, and there finished her 
earthly pilnrimn^c. She beini; dead, sir Wil- 
liam Seymour got leave to return home, and 
man led since to the ladv France?, daughter t# 
the l.'.'e ea:l of E>sex." 
u 



'] 



STATE TRIALS, 1 James I. 1603 Trial & Sir Walter Raleigh, 



I* 



to Spain to procure the kin*: to assist and further 
her pretended title. — It was agreed, the better 
to effect all this Conspiracy, that Arabella should 
write three Letters, one to the Archduke, 
smother to the king of Spain, and a third to 
the duke of Savoy ; and promise three things : 
— 1. To establish a firm Peace between Eng- 
land and Spain. 2. To tolerate the Popish and 
Roman Superstition. 3. To be ruled by them 
in contracting of her Marriage. — And for the 
efFectiug of these traiterous purposes, Cobham 
^iould return by the isle of Jersey, and should 
find sir Walter Raleigh captain of the. said 
Isle, there, and take counsel of Raleigh for the 
distributing of the aforesaid, crowns, as (he 
occasion or discontentment of the subjects 
should give cause and way. — And further, That 
Cobham and his brother Brook met on the 
9th of June last, and Cobham told Brook all 
these Treasons : to the which Treasons Brook 
gave his assent, and did join himself to all these. 
And after, on the Thursday following, Cobham 
and Brook did speak these words ; 'That there 
would never be a good world in England, till 
the king' (u.eaning our sovereign lord) ' and 
his cubs' (meaning Ins royal issue) ' were taken 
away/ — And the more to disable and deprive 
the kill); of his crown, and to confirm the said 
Cob ham in his intents, Raleigh did publish a 
Book, tiiWy written against the most just and 
royal Title of the king, knowing the said Book 
to he written Jigainst the just Title of the king; 
which Book Cobham after that received of him. 
Further, for the better effecting these traiterous 
purposes, and to establish the said Brook in 
his intent, the said Cobham did deliver the 
said Book unto him the 14th of June. And 
further, the said Cobham, on the Kith of June, 



To the Indictment, Sir Walter Raleigh plead* 
ed Not Guilty. 

The Jury were sir Ralph Conisby, sir Thomas 
Fowler, sir Edward Peacock, sir Wm. Rowe, 
knights ; Henry Goodyer, Thomas Walker, Ro- 
ger Wood, Thomas Whitby, esquires; Tho. 
Highgate, Robert Kempton, John Chawkey, 
Robert Bromley, gentlemen. 

Sir Walter Raleigh, Prisoner, was asked. 
Whether he would take exceptions to any of 
the Jury ? 

Raleigh. I know none of them ; they are 
all Christians, and honest gentlemen, I except 
against none. 

£. of Suffolk. You gentlemen of the king's 
learned Counsel, follow the same course as 
you did the other day. 

'Raleigh. My lord, I pray you I may an- 
swer the points particularly as they are deli- 
vered, by reason of the weakness of my me- 
mory and sickness. 

L. C. J. Popham. After the king's learned 
council have delivered all the Evidence, sir 
Walter, you niay answer particularly to what 
you will. 

He ale y the King's Serjeant. You have heard 
of Raleigh's bloody attempts to kill the king 
and his royal progeny, and in place thereof, 
to advance one Arabella Stuart. The particu- 
lars of the Indictment are these : Fir&t, that 
Raleigh met with Cobham the 9th of June, 
and had Conference of an Invasion, of a Re- 
bellion, and an Insurrection, to be made by 
the king's Mibjcns, to depose the king, and to 
kill his children, poor babes that never gave 
offence. Here i* blood, here is a new king 
and governor. In our king consists all our 
happiness, and the true use of the Gospel ; a 



for accomplishment of the said Conference, thing which we all wish to be settled, after the 
and by the traiterous instigation of Raleigh, did death of the queen. Here must be Money to 
move Brook to incite Arabella to write to the do this, for monev is the sinew of war. Where 



three fore named prince*, to procure them to 
advance her Title; and that she after she had 
obtained the crown, should promise to per- 
form three things, viz. 1. Peace between Eug- 



sliould that be had? count Aremberg must 
procure it of Philip kiug of Spain, five or six 
hundred thousand crowns'; and out of this 
sum Raleigh must have 8000. But what is 



laud and Spurn. 2. To tolerate with impunity thut count Arcmbci-g ? Though I am no good 
the Popish and Roman Superstitions. tf. To Frenchman, yet it is as much as to say in Eng- 



be ruled by them three in the contracting of 
her marriage. — To these motions the said 
Brook gave his assent. And for the better ef- 
fecting of the snid Treasons, Cobham ou the 
17 th of June, by the instigation of Raleigh, 



did 

deliver the said Letters to oue Matthew de 
Luureucy, to be delivered to the said count, 
which he did deliver, for the obtaining of the 
600,000 crowns : which money by other Let- 
ter* count Aremberg did pn»mi>e to perform 
the pa) meat of; and tln&LiUer Cubhim re- 
ceived the UUh of June. And then did Col >- 
hsun prouiue to Raleigh, that wh;n he hid re- 
ceived the said monev, l»; would dciiwr lUK)0 
crowns to him, to which metion he did consent; 
and afterwards Cobham otfered Brook, that after 
he should receive the said crowns, he would give 
to him 10,000 thereof; to which motion Brook 
did assent. 1 * 



lish, earl of Aremberg. Then there must be 
Friends to effect this: Cobhain must go to Al- 
bert archduke of Austria, for whom Aremberg 
v.ai ambassador at that tunc in England. And 
vhat then ? He must persuade the duke to as- 



writ e Letters to count Aremberg, and did ^%t the pretended title of Arabella. From 

— •'■ :1 r '■ ^ "' ' ' thence Cobhain imi.i -o to the king of Spam, 

and persuade him to assist the said title. Since 
the Conquest, th? re uus never the like Trea- 
son. But out ol whose head carrie it? Out of 
Kale-iib's, who ii.u«l also advise Cobham to 
us>o hit brother Ihool; to incite the lady Ara- 
bella 4<> write three sceral Letters, as afore- 
said in the Indictment : all this was on the 9th 
of June. Then three itnys after, Brook was 
acquainted with it. After this, Cobham said 
to Biouk, ' It will never be well in England, 
till the king and his ' cubs 1 are taken away/ 
Afterwards, Raleigh delivered a book to Cob* 
bam, treacherously written against the Titfeof 



STATE TRIALS, ] James I. 1603— for High Treason. 



[« 



the king. It appears that Cobham took Ra- 
leigh to be either a God, or an idol. Cobham 
endeavours to set up a new king, or governor ; 
God forbid mine eyes should ever see so un- 
happy a change. As for the lady Arabella, she, 
upon my conscience, hath no more Title to the 
crown than I have, which before God 1 utterly 
renounce. Cobham, a man bred in England, 
hath no experience abroad; but Raleigh, a 
man of great wit, military, and a sword- man. 
Now, whether these things were bred in a 
hollow tree, I leave to theui to speak of, who 
can speak tar better than myself. — And so sat 
him down again. 

Attorney General (Sir Ed. Ooke) I must 
first, my lords, before I come to the cause, give 
one caution, because vie shall often mention 
persons of emineot places, some of them great , 
monarch* : whatever we say of them, we shall 
but repeat what others have said of them ; I 
mean the Capital Offenders in their Confes- 
sions. We professing law, must speak reve- 
rently of kings and potentates. I perceive 
these honourable lords, and the rest of this 
great assembly, are come' to hear what hath 
been scattered upon the wrack of report. We 
carry a just mind, to condemn no man, but 
upon plain Evidence. Here is Mischief, Mis- 
chief in summo gradu, exorbitant Mischief. 
My Speech shall chiefly touch tliese three 
points; Imitation, Supportation, and Defence. 
—The Imitation of evil ever exceeds the Prece- 
dent; as on the contrary, imitation of good 
ever comes short. Mischief cannot be sup- 
ported but by Mischief; yea it will so multiply, 
that it will bring all to confusion. Mischief is 
ever underpropped by falshood or foul practices : 
and because all these things did concur in this 
Treason, you shall understand the main, as 
before you did the bye. — The Treason of the 
bye cousisteth in these Points : first, that the 
lord Grey, Brook, Markham, and the rest, in- 
tended by force in the night to surprize the 
king's court; which was a Rebellion in the 
heart of the realm, yea, in the heart of the 
heart, in the Court. They intended to take 
him that is a sovereign, to make him subject to 
their power, purposing to open the doors with 
musquets and cavaliers, and to take also the 
Prince and Council : then under the king's 
authority to carry the king to the Tower; 
and to make a stale of the admiral. When 
they had the king there, to extort three 
things from him: first, A Pardon for all their 
Treasons: Secondly, A Toleration of the Ro- 
man Superstition ; which their eyes shall sooner 
fall out than th**y shall ever see; for the king 
hath spoken these words in the hearing of 
many, ' I will lose the crown and my life, 
before ever I will alter Religion.' And thirdly, 
To remove Counsellors. In the room of the 
Lord Chancellor, they would have placed one 
Watson spriest, absurd in Humanity and ij;- 
aorant in Divinity. Brook, of whom 1 will 
fpeak nothing, Lord Treasurer. The great 
Secretary most be Markham ; Oeulus patriae. 
A hole must be found in my Lord Chief Jus- 



tice's coat. Grey must be Earl-Marshal, and 
Master of the Horse, because he would have a 
table in the court ; marry, he would advance 
the earl of Worcester to a higher place. All 
this cannot be done without a multitude : 
therefore Watsou the priest tells a resolute man, 
that the king was in danger of Puritans and 
Jesuits ; so to bring him in blindfold into the 
action, saying, That the king is no king till he 
be crowned ; therefore every man might right 
his own wrongs : but he is rex natus, his dig- 
nity descends as well as yours, my lords. Then . 
Watson imposeth a blasphemous Oath, that 
they should, swear to defend the king's person ; 
to keep secret what was given them in charge, 
and seek all ways and means to ndvance the 
Catholic Religion. Then they intend to send 
for the Lord Mayor and the Aldermen, in the 
king's name, to the Tower ; lest they should 
make any resistance, and then to take hostages 
of them ; and to enjoin them to provide for 
them victuals and munition. Grey, because 
the king removed before Midsummer, had a 
further reach, to get a Company of Sword-men 
to assist the action : therefore he would stay 
till he had obtained a regiment from Ostend or 
Austria. So you see these Treasons were like 
Sampson's foxes, which were joined in fheir 
tails, though their heads were severed. 

Raleigh. You Gentlemen of the Jury, I 
pray remember, I am not charged with the 
feye, being the Treason of the priest. 

Attorney. You are not. My lords, you 
shall observe three tilings in the Treasons : 1 . 
They had a Watch-word (the king's safety); 
their Pretence w as Bonum in se ; their Intent 
was Malum in se ; 2. They avouched Scrip- 
ture; both the priests had Scrip turn est ; per- 
verting and ignorant ly mistaking the Scriptures : 
3. They avouched the Common Law, to prove 
that he was no king until he was crowned ; 
alledging a Statute of 13 Eliz. This, by way of 
Imitation, hath been the course of all Traitors. 
— In the 20th of Edw. '2. Isabella the Queen, 
and die lord Mortimer, gave out, that the king's 
Person was not safe, for the good of the Church 
and Commonwealth. The Bishop of Carlisle 
did preach on this Text, * My head is grieved/ 
meaning by the Head, the Kins; ; what when 
the Head began to be negligent, the people 
might reform what is amiss. In the 3rd of 
Henry 4, sir Roger Clarendon, accompanied 
with two priests, gave out, that Richard 2, was 
alive, when he was dead. Edward 3 caused 
Mortimer's head to be cut off, for giving 
counsel to murder the king. The 3rd of 
Henry 7. sir Henry Stanley found the crown in 
the dust, and .set it on the king's head : when 
Firzwater and Garret told him, that Edward 5 
was alive, he said, * If he be alive, I will assist 
him/ Rut this cost him his head. Edmund de 
la Pole, duke of Sutfolk, killed a man in the 
reign of king Henry 7, for which the king would 
have him hold up his hand at the h:tr, and then 
pardoned him: Yet he took such an offence 
thereat, that he sent to the noblemen to help to 
reform the Commonwealth ; and then said, he 



'] 



STATE TRIALS, I James I. 1 80S.— Trial rf Sir Walter Raleigh, 



[» 



would go to France and get power there. Sir 
Roger, Coinpton knew nil the Treason, and 
discovered Win don and others that were at- 
tainted. He said, there was another thing that 
would be stood upon, namely, that they had 
but one Witness. Then he vouched one 
Apple yurd's Case, a Traitor in Norfolk, who 
said, a man must have two accusers. Helms 
was the man that accused him ; hut Mr. justice 
Catlin said, that that Statute was not in force 
at that day. His words were, ' Thrust her 
into the ditch.* Then he went on speaking of 
Accusers, and made this difference : an Ac- 
cuser is a spenkcr by report, when a Witness 
is he thnt upon his oath shall speak his know- 
ledge of any man. — A third sort of Evidence 
theic is likewise, and this is held more forcible 
than cither of the other two; and that is, when 
a man, by his accusation of another, shall, 
by the same accusation, also condemn him- 
self, and make himself liable to the same fault 
and punishment : this is more 'forcible than 
many Witnesses. So then so much by way of 
Imitation. — Then he defined Treason : there 
is Treason in the heart, in the hand, in the 
mouth, in consummation: comparing that in 
eordc to the root of a tree ; in ore, to the 
bud ; in tttanu to the blossom ; and thnt 
which is in consumwatione, to the fruit. — 
K«w I come to your Charge, You of the Jury: 
the greatness ot Treason is to be considered in 
these two things, Dctcrmmationc jlnis, and 
Elect tone waiiorum. This Treason excel let h 
in both, for that it was to destroy the king and 
his progeny. These Treasons are said to be 
Crimen Imc mnjeutatis; this goeth further, and 
may he termed, Crimen exlirpnndtc regia mu- 
JL'stutii, 4" totius progenici sittt. I shall not need, 



on discontented persons, to raise Rebellion on 
the kingdom. 

Raleigh. Let me answer for myself. 

Attorney. Thou shalt not. 

Raleigh. It concerneth my life. 

L. C. J. Sir Walter Raleigh, Mr. Attorney 
is hut yet in the General : but when the king's 
Counsel have given the Evidence wholly you 
shall answer every Particular. 

Attorney. Oh ! do I touch you ? 

Lord Cecil. Mr. Attorney, when you have 
done with this Geurral Charge, do you not 
mean to let him answer every Particular ? 

Attorney. Yes, when we deliver the Proofs 
to be read. Raleigh procured Cobham to go 
to A rem berg, which he did by his instigation : 
Raleigh supped with Cobham before he went to 
A rem berg; after supper, Raleigh conducted him 
to Durham-house; trom thence Cobham went 
with Lawrency, a servant of ArembergV, unto 
him, and went in by a back way. Cobham 
could never be quiet until he had entertained 
this motion, for he had four Letters from Ra- 
leigh. Aremberg answered, The Money should 
be performed, hut knew nut to whom it should 
be distributed. Then Cohliam and Lawrcucy 
came back to Durham-house, where they found 
Raleigh. Cobham and Raleigh went up, and 
left J^iwrenry below, where they had secret 
conference in a gallery ; and atter, Colduin 
and Lawrency departed from Raleigh. Your 
jargon was Peace : What is that? Spanish In- 
vasion, Scoiish Subversion. And again, you 
are not a lit man to take s-o much Money for 
procuring of a lawful Peace, for peace procured 
by monev is dishonourable. Then Cobham 
mu^t go to Spain, and return by Jersey, where 
you were Captain : and then, because Cobham 



my lords, to speak any thing concerning the had not so much policy, or at len&t wickedness, 
King, nor of the bounty and sweetness of his as you, he must have your advice for the tus- 
natiue, who^e thoughts are innocent, whose tribution of the Money. Would you have de- 
words are full of wisdom and learning, and posed so pood a king, lineally descended of Eli- 
whose works are full of honour: although it be zabcth, eldest daughter of Edward 4? Why 
a true Saying, Nuttquam nimis quod antiquum then must you set yp another ? I think you 

meant to make Arabella a Titular Queen, of 
whose Title I will speak nothing ; but snr<» yuu 



talis. But to whom do \ou bear Malice? to 
the Children ? 

Raleigh. To whom speak you this? You 
tell me news I never heard of. 

Attorney. Oh, sir, do I ? I will prove you 
the notonest Traitor that ever came to the bar. 



meant to make her a stale. Ah ! good bmy, 
you could mean her no good. 

Raleigh. You tell me news, Mr. Attorney. 

Att. Oh, sir! I am the more large, because 



After you have taken away the King, you would I I know with whom I deal : for we have to deal 
alter Religion : as you sir Walter Raleigh, have  to-day with a man of wit. 



followed them of the Dye in Imitation : for I 
will charge you with the Words. 

Raleigh. Your words cannot condemn me; 
my innocency is my defence. Prove one of 
these things wherewith you have charged me, 
and I will confess the whole Indictment, and 
that I am the horriblest Traitor that ever lived, 
and worthy to be crucified with a thousand 
thousand torments. 



Attorney. Nay, I will prove all : thou art a self; I say nothing. 



Rultigh. Did I ever speak with this lady ? 

Att. J will track you out before I have 
done. Englishmen will not be led hy persua- 
sion of words, but they must have books to per- 
suade. 

Raleigh. The Book was written by a man 
of your profession, Mr. Attorney. 

Att. I would not have you impatient. 

Ra/eifih. Methinks you fall out with your- 



monster; thou host an English face, but a Spa- 
nish heart. Now you must have Money : Arem- 
berg was no sooner in England (I charge thee 
Raleigh) but thou incitedst Cobluim to go unto 
him, and to deal with him for Money, to bestow 



Att. By this Book you would persuade men, 
thnt he is not the law ml king. Now let us 
consider some circumstances : My lords, you 
know my lord Cobham (lor whom we all lament 
aud rejoice ; lament in that .his house, which 



9] 



STATE TRIALS, 1 Jambs I. l603.-^r High Treaton. 



[1» 



hath stood so long unspotted, is now ruinated ; 
rejoice, in that his Treasons are revealed i\ he 
is neither politician nor sword man ; Raleigh 
was bothy united in the Cause with him, and 
therefore cause of his destruction. Another 
circumstance is, the secret contriving of it. 
Humphry Stafford claimed Sanctuary for Trea- 
son. Raleigh, in his Machiavelian policy, hath 
made a Sanctuary for Treason : lie must talk 
with none but Cobham ; because, saith he, one 
Witness can never condemn me. For Brook 
said unto sir Griffith Markhum, ' Take heed 
' how you do make my lord Cobham acquaint- 
• ed ; for whatsoever he knoweth, Raleigh the 
' witch will get it out of him/ As soon as Ra- 
leigh was examined on one point of Treason 
concerning my lord Cobham, he wrote to him 
thus ; ' I nave been examined of you, and con- 
4 fessed nothing.' Further, you sent to him by 
your trusty Francis Kemish, that one Witness 
could not condemn : and therefore bad his 
lordship be of good courage. Came this out 
of Cobham's quiver ? No : but out of Raleigh's 
Machiavelian and devilish policy. Yea, but 
Cobham did retract it ; why then did ye urge 
it ? Now then see the most horrible practices 
that ever came out of the bottomless pit of the 
lowest hell. After that Raleigh had intelligence 
that Cobham had accused him, he endeavoured 
to have intelligence from Cobham, which he 
bad gotten by young sir John Pay ton : but I 
think it was the error of his youth. 

Raleigh. The lords told it me, or else I had 
not been sent to the Tower. 

Alt. Thus Cobham, by the instigation of 
R-ilemh, entered into these actions : So that 
tbe question will be, Whether you are not the 
imocipal Traitor, and he would nevertheless 
wive entered into it ? Why did Cobham retract 
all that same ? First, Because Raleigh was so 
odious, he thought lie should fare the worse for 
Lis sake. . Secondly, he thought thus with him- 
*if, If he be free I shall clear myself the bet- 
Ur. After this, Cobham asked for a Preacher 
t" confer with, pretending to have Dr. An- 
drew* ; but indeed he meant not to have him, 
W Mr. Galloway ; a worthy and reverend 
preacher, who can do more with the king (as 
le laid) than any other ; that he, seeing his 
constant denial, might inform the king thereof. 
Here he plays with the preacher. If Raleigh 
coold persuade the lords, that Cobham had no 
*tent to travel, then he thought nil should be 
■ell. Here is Forgery ! In the Tower Cobham 
&um write to sir Thomas Vane, a worthy man, 
ttat be meant not to go into Spain : which 
Letter Raleigh devised in Cobham's name. 

RtUigh. I will wash my hands of the In- 
dictment, and die a true man to the king. 

Att. You are the absolutest Traitor that 
etertras. 
Raleigh . Your phrases will not prove it. 
Alt. Cobham writeth a Letter to my lord 
( <-u!, and doth will Mellis's man to lay it in a 
Spanish Bible, nnd to make as though he r ound 
< ty chance. This was after he had intelli- 
pace with this viper, that he was false. 



Lord Cecil. You mean a Letter intended to- 
me ; I never had it. 

Alt. No, my lord, you had it not. You, 
my masters of the jury, respect not the wick- 
edness and hatred of the man, respect his 
cause : if he be guilty, I know you will have 
care of it, for the preservation of the king, the 
continuance of the Gospel authorized, and the 
good of us all. 

Raleigh. I do not hear yet, that you have 
spoken one word against me ; here is no Trea- 
son of mine done : If iny lord Cobham be a 
Traitor, what is that to me ? 

Att. All that he did was by thy instigation, 
thou Viper ; for I thou * thee, thou Traitor. 

Raleigh. It becometh not a man of quality 
and virtue, to call me so : But I take comfort 
in it, it is all you can do. 

Alt. Have I angered you ? 

Raleigh. I am in no case to be angry. 

C. J. Pop ham. Sir Walter Raleigh, Mr. 
Attorney speaketh out of the zeal of his duty, 
for the service of tbe king, and you for your 
life ; be valiant on both sides. 

The Lord Cobham's Examination. 

" lie confesseth, he had a Passport to go 
into Spain, intending to go to the Archduke, 
to confer with him about these Practices ; and 
because he knew the Archduke had not Money 
to pay his own army, from thence he meant to 
go to" Spain, to deal with the king for the 
600,000 crowns, and to return by Jersey ; and 
that nothing should be done, until he had 
spoken with sir Walter Raleigh for distribution 
of the Money to them which were discontented 
in Kngland. At the first beginning, he breath- 
ed out oaths and exclamations against Raleigh, 
calling him Villain and Traitor ; saying he had 
never entered into these course?, but hv his 
instigation, and that he would never let him 
alone." — [Here Mr. Attorney willed the Clerk 
of the Crown-Otiicc to read over these Inst 
words again, ' He would never let him alone. 'J 
'* Besides he spake of Plots and Invasions ; ot 
the particulars whereof lie could gi\e no ac- 
count, though Raleigh ,and he had conferred of 
them. Further he said, he was afraid of fta- 
leigh, that when he should return by Jersey, 
that he would have delivered him and the Mo- 
ney to the king. Being examined of sir Arthur 
Gorge, he freed him, saying, They never duot 
trust him : but sir Arthur Savage they intend- 
ed to use, because they thought him a 'fit man". 

Haleigh. Let me see the Accusation : This 
is absolutely all the Evidence can be brought 
against me; poor shifts ! You Gentlemen of 
the Jury, T pray you understand this. This is 
that which must cither condemn, or give me 
life ; which must free me, or send my wife nnd 
children to beg their bread about the streets : 

* Shakespear, in all probability, alludes to 
this, when he makes sir Toby in giving direc- 
tions to sir Andrew for his challenge to Viola, 
say, If thou thowft him some thrice, it may not 
be amiss," See Twelfth Night. 



1 1] STATE TRIALS, 1 James I. I0O&— Trial of Sir Walter Raleigh, [12 

Christendom ; but now he coraeth creeping to 
the king my master Sbr peace*. I knew, whereas 
before he had in iiis port six or seven score 
sail of ships, he hath now but six or seren. I 
knew of 25,000,000 he had from hisJndies, he 
bath scarce one left. I knew him to be so poor, 
that the Jesuits in Spain, who were wont to 
have such large allowance, were fain to beg at 
the church-door. Was it ever* read or heard, 
that any prince should disburse so much money 
without a sufficient pawn ? I knew her own 
subjects, the citizens of London, woold not lend 
her majesty money, without lands in mortgage. 
I knew the Queen did not lend the States, 
money, without Flushing, Brill, and other 
towns for a pawn. And can it be thought, that 
he would let Cobham have so great a sum ?— 
I never came to the lord Cobham's, but about 
matters of his profit ; as the ordering of his 
house, paying of his servants board-wages, ore. 
I had of his, when I was examined, 4,000/. 
worth of jewels for a purchase ; a pearl of 
3,000/. and a ring worth 500/. If he had had 
a fancy to run away, he would not have left so 
much to have purchased a lease in fee-farm. I 
saw him buy 300/. worth of Books to send to 
his Library at Canterbury, and a cabinet of 30/. 
to give to Mr. Attorney, for drawing the con- 
veyances : and God in heaven knowetb, not 1, 
whether he intended to travel or no. But for 
that practice with A rubella, or letters to Arem- 
berg framed, or any discourse with him, or in 
what language he spake unto him; if I knew 
any of these things, I would absolutely confess 
the indictment, and acknowledge myself worthy 
ten thousand deaths. 



This is that must prove me a notorious Traitor, 
or a true subject to the king. Let me see my 
Accusation, that I may make my Answer. 

Clewk of' the Council, I did read it, and 
shew you all the Examinations. 

Raleigh, At my first Examination at Wind- 
sor, my lords asked me, what I kuew of Cob- 
ham's practice with Aremberg, I answered ne- 
gatively : And as concerning Arabella, I pro- 
test before God, I never heard one word of it. 
If that be proved, let me be guilty of ten thou- 
sand Treasons. It is a strange thing you will 
impute that to me, when I never heard so 
much as the name of Arabella Stuart, but only 
the name of Arabella.— After being examined, 
I told my lords, that I thought my lord Cob- 
ham had conference with Aremberg; I sus- 
pected his visiting of him : for after he depart- 
ed from me at Durham-liouse, I saw him pass 
by his own stairs, and passed over to St. Mary 
Saviours, where I knew Lawrency, a merchant, 
and a follower of Aremberg, lay, and therefore 
likely to go unto him. My lord Cecil asked 
my opinion concerning Lawrency ; I said, that 
if you do not apprehend Lawrency, it is dan- 
gerous, he will 6y ; if you do apprehend him, 
Jou shall give my lord Cobham notice thereof, 
was asked who was the greatest man with 
my lord Cobham ; I answered, I knew no man 
so great with him as young Wyat of Kent. — 
As soon as Cobham saw my Letter to have dis- 
covered his dealing with Aremberg, in his fury 
he accused me; but before he came to the 
stair-foot, he repented, and said he had done 
me wrong. When he came to the end of his 
Accusation, he added, that if he had brought 
this mon*»y to Jersey, he feared that I would 
have delivered him and tlie money to the king. 
Mr. Attorney, you said this never came out of 
Cobham's quiver ; he is a simple man. Is he 
so simple? No; he hath a disposition of his 
own, he will not easily be guided by others ; 
but when he has once taken head in a matter, 
he is not easily drawn from it : he is no babe. 
But it is strange for me to devise with Cobham, 
that he should go to Spain, to persuade the 
king to disburse so much money, he being a 
man of no love in England, and I having re- 
signed my room of chiefest command, the 
Wardenship of the Stannaries. Is it not 
strange for me to make myself Robin flood, or 
a Rett, or a Cade ? I knowing England to be 
in better estate to defend itself than ever it was. 
I knew Scotland united ; Ireland quieted, where- 
in of late our forces were dispersed ; Denmark us- 
surcd, which before was suspected. I knew, that 
having lost a lady whom time had surprized* 
wc had now an active kins, a lawful Successor, 
who would himself be present in all his affairs. 
The State of Spain was not unknown to me : 
1 had written a Discourse, which I had intend- 
ed to present unto the king, agaiust peace with 
Spain. I knew the .Spaniards had six repulses ; 
three in Ireland, and three at sea, and once in 
1588, at Cales, by my Lord Admiral. I knew 
lie was discouraged and dishonoured. I knew 
the king of Spain to bt the proudest prince in 



Cobham s second Examination read. 

The lord Cobham being required to subscribe 
to an Examination, there was shewed a Note 
under sir Walter Raleigh's hand ; the which 
when he had perused, he paused, and after 
brake forth into those Speeches : Oh Villain J 
Oh traitor ! 1 will now tell you all the truth ; 
and then said, His purpose was to go into 
Flanders, and into Spain, for the obtaining the 
aforesaid Money; and that Raleigh had ap- 
pointed to meet him in Jersey as he returned 
home, to be advised of him about the distribu- 
tion of the Money. 

L. C. J. Pophum. When Cobham answer- 
ed to the Interrogatories, he made scruple to 
subscribe; and being urged to it, he said, if he 
might hear me affirm, that a person of his de- 
gree ought to set his hand, he would: I lying 
then at Richmond for fear of the Plague, was 
sent for, and I told he ought to subscribe ; 
otherwise it were a Contempt of a hi^h nature: 
then he subscribed. The lords questioned with 
him further, and he shewed them a Letter, as I 
thought written to me, but it was indeed written 
to my lord Cecil : he desired to t>ce the Letter 
again, and then said, ' Oh wretch ! Oh traitor !' 
whereby I perceived you had not performed 
that trust he had reposed in you. 

Raltigh. He is as passionate a man as 
lives; for he hath not spared the best friends 



»] 



STATE TRIALS, 1 Jamb* I. 160$.— for High Treason. 



[I* 



he hath in England in his passion. My lords, 
I take it, he that has been examined, has ever 
been asked at the time of his Examination, if 
it be according to his meaning, and then to sub- 
scribe. Methinks, my lords, when he accuses 
a man, he should give some account and rea- 
son of it : It is not sufficient to say, we talked 
of it. If I had been the Plotter, would not I 
hare given Cobham some arguments, wliereby 
to persuade the king of Spain, and answer his 
objections ? I knew Westmoreland and Both- 
well, men of other understandings than Cob- 
ham, were ready to beg their bread. 

&r Tho. Fowler, one of the Jury. Did sir 
Walter Raleigh write a Letter to my lord be- 
fore he was examined concerning him, or not? 
Att. Yes. 

Lord Cecil. I am in great dispute with my- 
self to speak in the Case of this gentleman : A 
former clearness between me and him, tyed so 
firm a knot of my conceit of his virtues, now 
broken by a discovery of his imperfections. I 
protest, did I serve n king that I Knew would be 
displeased with me for speaking, in this case I 
would speak, whatever came of it ; but seeing 
he is compacted of piety and justice, and one 
that will not mislike of any man for speaking a 
truth, I will answer your question. — Sir Walter 
Raleigh was staid by me at Windsor, upon the 
first news of Copley, that the king's Person 
tboold be surprized by my lord Grey, and Mr. 
George Brook ; when I found Brook was in, I 
suspected Cobham, then I doubted Raleigh to 
be a partaker. I speak not this, that it should 
be thought I bad greater judgment than the rest 
of my lords, in making this haste to have them 
examined. Raleigh following to Windsor, I 
esetwith him upon the Terrace, and willed him, 
u from the kirn/, to stay; saying, the lords had 
something to say to him: then he was ex- 
sained, but not concerning my lord Cobham, 
tat of the surprizing Treason. My lord Grey 
•as appiehended, and likewise Brook ; by 
Brook we found, that he had given notice to 
Cobham of the surprizing Treason, as he deli- 
vered it to us; but with as much sparin^hess 
tf a brother, as he might. We sent for my 
lord Cobham to Richmond, where he stood upon 
o» jastification, and bis quality ; sometimes 
being froward, he said he was not bound to 
Mtacribe, wherewith we made the king uo» 
ouainted. Cobham said, if my L. C. Justice 
would say it were a Contempt, he would sub- 
scribe; whereof being resolved, he subscribed. 
There was a light given to Aremberg, that Luw- 
rency was examined ; but that Raleigh kuew 
that Cobham was examined, is more Urtn I 
know. 

lluUiph. If my lord Cobham had trusted 
me in the Main, was not I as fit a man to be 
trusted in thf live ? 

J/trd Cecil. Raleigh did by his Letters ac- 
quaint us that my lord Cobham hud sent Law- 
rency to Aremberg, when he knew not he had 
any dealings with him. 

Lard Hen. Homard. It made for vou, if 
Lawrency had be*n only acquainted witl) Cob- 



ham, and not with you. But you knew his 
whole estate, and were acquainted with Cob* 
ham's practice with Lawrency: and it was 
known to you before, that Lawrency depended 
on Aremberg. 

Attorney. 1. Raleigh protested against the 
surprising Treason. 2. That he knew not of 
the matter touching Arabella. I would not 
charge you, sir Walter, with a matter of false- 
hood : you say you suspected the Intelligence 
that Cobham had with Aremberg by Lawrency. 
liaUigh. I thought it had been no other 
Intelligence, but such as might be warranted. 

Attorney. Then it was but lawful suspicion. 
But to that whereas you said, that Cobham had 
accused you in passion, I answer three ways : 
1. I observed when Cobham said, Let me see 
the Letter again, lie paused ; and when he did 
see that count Aremberg was touched, he 
cried out, Oh Traitor ! On Villain ! now will 
I confess the whole truth. 2. The accusation 
of a man on hearsay, is notliing ; would he ac- 
cuse liimself on passion, and ruinate his case 
and posterity, out of malice to accuse you ? 
3. Could this be out of passion? Mark the 
manner of it; Cobbam had told this at least 
two months before to his brother Brook, ' You 
' are fools, you are on the bye, Raleigh and I 
' are on the main ; we mean to take away the 
' king and his cubs :' this he delivered two 
months before. So mark the manner and the 
matter ; he would not turn the weapon against 
his own bosom, and accuse himself' to accuse 
you, 

Raleigh. Hath Cobham confessed that ? 
L. C. J. This is spoken by Mr. Attorney 
to prove that Cobham s Speech came not out of 
passion. 

Kaleigh. Let it be proved that Cobham 
said so. 

Attorney. Cobham saith, he was a long 
time doubtful of Raleigh, that he would send 
him and the money to the king. Did Cobham 
fear lest you would betray him in Jersey ? Then 
of necessity there must be Trust between you. 
No man can betray a man, but he that is 
trusted, in my understanding. This is the 
greatest argument to prove that he was ac- 
quainted with Cobham f s Proceedings. Raleigh 
has a deeper reach, than to make himself, at 
he said, ' Robin Hood, a Kett, or Cade ;' yet 
I never heard that Robin Hood was a Traitor; 
they say he was an outlaw. And whereas ha 
saith that our king is not only more wealthy 
and potent than his predecessors, but also more 
politic and wise, so thut he could have no hope 
to prevail; I answer, There is no king so 
potent, wise and active, but he may be over- 
taken through Treason. Whereas you say 
Spain is so poor, discoursing so largely thereof; 
it had been better for you to have kept in Gui- 
ana, than to have been so well acquainted with 
the state of Spain. Besides, if you could have 
brought Spain and Scotland to have joined, 
you rui«:bt have hoped to prevail a great deal 
the better. For his six Overthrows, I answer, 
he hath the more malice, because repulse* ' ' 



15] STATE TRIALS, 1 Jambs I. 1603.— Trial qf Sir Walter Raleigh, [10 



desire of revenge. Then you say you never 
talked with Cobham, but about teases, and 
letting lands, and ordering hii house ; I never 
knew you Clerk of the Kitchen, &c. If you 
had fallen on your knees at first, and confessed 
the Treason, it had been better for you. You 
say, He meant to have given me a Cabinet of 
30/. ; perhaps he thought by those means to 
have anticipated me therewith. But you say 
all these are Circumstances • I answer, all this 
Accusation in Circumstance is true. Here 
now I might appeal to my lords, that you take 
hold of tfiis, that he subscribed not to the Ac- 
cusation. 

Lord Hen. Howard. Cobham was not then 
pressed to subscribe. 

Attorney. His Accusation being testified by 
the lords, is of as great force, as if ne had sub- 
scribed. Raleigh saith again, If the Accuser 
be alive he must be brought face to face to 
speak ; and alledges 25 Edw. 3rd that there 
must be two sufficient Witnesses, that must be 
brought face to face before the accused ; and 
alledgeth 10 and 13 Elizabeth. 

Raleigh. You try me by the Spanish Inqui- 
•itition, if you proceed only by the Circum- 
stances, without two Witnesses. 

Attorney. This is a treasonable speech. 

Raleigh. Evertere Hominemjuttum in cauta 
sua injustum est. Good my lords, let it be 

Jirovcu, either by the laws of the land, or the 
aws of God, that there ought not to be two 
Witnesses appointed; yet I will not stand to 
defend this point in law, if the king will have it 
. so : it is no rare thing for a man to be falsely 
accused. A Judge condemned a woman in 
Sarum for killing her husband on the testimony 
of one Witness ; afterwards his man confessed 
the Murder, when she was executed ; who 
after being touched in conscience for the Judg- 
ment, was used to say, Quod nunquam de hoc 
J'acto anvnam in vita sua purgaret. It is also 
commanded by the Scripture; Allocuhis est 
Jehova Moten, in Ore duorum aut trimn Tcs- 
tium, Sfc. If Christ requireth it, as it appeared), 
Mat. xviii. if by the Canon, Civil Law, and 
God's Word, it be required, that there must be 
two Witnesses at the least ; bear with me if I 
desire one. I would not desire to live, if I 
were privy to Cojbham's Proceedings. I have 
been a slave, a villain, a fool, if I had endea- 
voured to set up Arabella, and refused so graci- 
ous a lord and sovereign. But urge your proofs. 
L. C. Justice. You have offered Questions 
on diverse Statutes, all wluch mention two ac- 
cusers in case of Indictments: you have de- 
ceived yourself, for the laws of 25 Edw. 3d, 
and 5 Edw. 6th are repealed. It sutficeth now 
if there be Proofs made either under hand, or 
by testimony of Witnesses, or by oaths; it 
needs not liie Subscription of the party, so there 
be hands of credible men to testify the Ex- 
amination. 

Raleigh. It may be an error in me; and if 
those laws be repealed, yet I hope tlie equity 
of them remains still,; but if you affirm it, it 
must be a law to posterity. The proof of the 



Common Law is by witness and jury: let Cob- 
ham be here, let him speak it. Call my ac- 
cuser before ray face, and I have done. 

. Attorney. Scientia sceleris ett mcra igno- 
rant ia. You tiave read tlie letter of the law, 
but understand it not. Here was your anchor- 
hold, and your rendezvous : you trust to Cobham, 
either Cobham must accuse you, or* nobody ; if 
he did, then it would not hurt you, because he 
is but one Witness ; if he did not, .then you are 
safe. 

Raleigh. If ever I read a word of the law 
or statutes before I was Prisoner in the Tower! 
God confound me. 

Attorney. Now I come to prove the Cir- 
cumstances of the Accusation to be true. 
Cobham confessed he had a Pass-port to travel, 
hereby intending to present overtures to the 
Arch-Duke, aud from thence to go to Spain, 
and there to have conference with the king for 
Money. You say he promised to come home 
by Jersey, to make merry with you and your 
wife. 

Raleigh. I said in his return from France, 
not Spain. 

Attorney. Further in his Examination he 
saith, nothing could be set down for the Dis- 
tribution of the Money to the discontented, 
without conference with Raleigh. You said it 
should have been for procurement of Peace, 
but it was for raising Rebellion. Further, Col>- 
ham saith, he would never have entered into 
these courses, but by your instigation, and that 
you would never let him alone. Your scholar 
was not apt enough to tell us all the Plots ; 
that is enough for you to do, that are his mas- 
ter. You intended to trust sir Arthur Savage, 
whom I take to be an honest and true gentle- 
man, but not sir Arthur Gorge. 

Raleigh. All this is but one Accusation of 
Cobham s, I hear no other thing ; to which Ac- 
cusation he never subscribed nor avouched it. 
I beseech you, my lords, let Cobham be sent 
for, charge him on his soul, on l^s allegiance to 
the king ; if he affirm it, I am guilty. 

Lord Cecil. It is the Accusation of my lord 
Cobham, it is the Evidence against you : must 
it not be of force without his subscription ? I 
desire to be resolved by the Judges, whether by 
the law it is not a forcible argument of evi- 
dence. 

Judges. My lord, it is. 

Raleigh. The king at his coronation is 
sworn In omnibus Judiciis snis <rouitatem f non 
rigorem Legis, observare. By the rigour and 
ciueltv of the law it mav be a forciMe evidence, 

L. C. J. That is not the rigour of the law, 
but the justice of tlie law ; else when a man 
hath made a plain Accusation, by practice he 
iui»ht l>e brought to retract it again. 

Raleigh. Oh my lord, you may use equity. 

L. C. J. That is from the king; you are to 
have justice from us. 

Lord Anderson. The law is, if the matter be 
proved to the jury, they must find you guilty ; 
for Cobham's Accusation is not only againftt 
you, there are other things sufficient. 



17) 



STATE TRIALS, I James I. 1603.— for High Treasou. 



[IS 



Lord Cecil. Now that sir Walter Raleigh is 
satisfied, that Cobham's Subscription is nut ne- 
cessary, I pray you, Mr. Attorney, go on. 

Raleigh. Good Mr. % Attorney, be patient, 
and give me .eavc. 

Lord Cec il. An unnecessary patience is a.„ 
hindrance ; let him go on with' iiis proof-, and 
then refel them. 

Raleigh. I would answer particularly. 

Lord Cecil. If you would have a tabic and 
pen and ink, you shall. 

Then paper and ink was given him. Here 
the Clerk of the Cruwn rend the Letter, which 
the lord Cobham did write in July, which was 
to the effect of his fonner Examination ; fur- 
ther saying, I hate disclosed all : to accuse any 
one falsely, were to burden my own couscier.ee. 

Attorney. Head Copley's Confession the 
8th of June ; lie saith, lie was offered 1000 
crowns to be in this action. 

Here Watson's Additions were read. ' The 
great mass of Money from the count was im- 
possible,' &c. 

Brook's Confession read. * There have Let- 
ters passed, saith he, between Cobham and 
Aremberg, for a great sum of Money to assist a 
second action, for the surprizing of his majesty.' 

Attorney. It is not possible it was of pas- 
sion : for it was in talk before three men, 
being severally examined, who agreed in the 
sum to be bestowed on discontented persons ; 
That Grey should have 12,000 crowns, and 
Raleigh should have 8000, or 10,000 crowns. 

Cobham* s Examination, July 18. 
If the money might be procured (saith he) 
then a man may give pensions. Being asked, 
if a pension should not be given to his brother 
Brook, he denied it not. 

Lawreney'i Examination. 

Within five days after Aremberg arrived, 
Cobham resorted unto him. That nirfit that 
Cobham went to Aremberg with Luwrency, Ra- 
leigh supped with him. 

Attorney. Raleigh must have his part of t he 
Money,* therefore now he is a traitor. The 
crown shall never stand one year on the head 
of the king (my master) if a Traitor may not be 
condemned by Circumstances : for if A. tells 
B. and B. tells C. and C. D. &c. you shall ne- 
ver prove Treason by two Witnesses. 

Raleigh's Examination was read. 

He confesseth Cobham offered him 8000 
crowns, which he was to have for the further- 
ance of the Peace between England and Spain, 
and that he should have it within three (lavs. 
To which he said, he gave this answer ; When 
1 see the Money, I will tell you more : for I 
had thought it had been one of his ordinary 
idle conceits, and therefore made no Account 
thereof. 

Raleigh. The Attorney hath made a long 
narration of Copley, and the Priests, which 
concerns me nothing, neither know I how 
Cobham was altered. For he told me if T 
would agree to further the Peace, he would get 
me 8000 crowns. I asked him, W ho shall ha ve 

YOU II. 



the rest of the money ? He said I will offer 
such a nobleman (who was not named) some 
of the Money, f said, he will not be persuaded 
by yon, and he will extremely hate you for such 
a motion. Let me be pinched to death with 
hot iron?, if ever I knew there was anv intcu- 
tion to bestow the money on discontented per- 
sons. I hud made a disco m>e uguinst the 
Peace, and would have prin'cd it ; if Cobham 
changed his mind, ii' the I'rtctis, if llruok had 
any such intent, what is that to me? They 
must answer lor it. lie offered me the Money 
before Aremberg came, that is difference of 
time. 

Scrj. Philips. Raleigh confesseth the matter, 
buravoideth it by distinguishing of times. You 
said it was offered you befoic the coining of 
Aremberg, which is false. For yen being exa- 
mined whether you should have such Money of 
Cobham, or not ; you said, Yea, and that you 
should have it within two or three da)S. Nctn 
moriturus punumitur mentiri. 

Ld. Hut. Howard. Alledge me any ground 
or cause, wherefore you gave ear to my lord 
Cobham for receiving Pennons, in matters you 
had not to deal with. 

Raleigh. Could I stop my Lord CobhanVs 
mouth ? 

Ld. Cecil. Sir Walter Raleigh presseth, that 
my lord Cobham should be brought face to 
face. If he asks things of favour and grace, 
they must come only from him that can give 
them. If we sit here as commissioners, how 
shall we be satisfied whether he ought "to be 
brought, unless we hear the Judges speak? 

L. C. J. This thing cannot be granted, for 
then a -uunihcr of Treasons should flourish : 
the Accuser may be drawn by practise, whilst 
he is in person. 

Justice Gundy. The Statute you speak of 
concerning two Witnesses in ruse of Treason, is 
found to he inconvenient, therefore bv another 
law it. was taken away. 

Rultiuh. The common Trial of England is 
by Jury and Witnesses. 

L. C. J. No, by Examination : if three 
conspire a Treason, and they all confess it; 
here is never a Witness", yet they are con- 
demned. 

Justice Warburton. I man el, sir Walter, that 
you being of such experience and wit, should 
stand on this point ; tor so many horse- stealers 
may escape, if they may not be condemned 
without witnesses. If one should ru*h into tVtf 
king's Privy-Cl#mbcr, whilst he is alone, and 
kill the king (which (.Jod forbid) and tln> man 
be met coming with hi.* sword dra\Mi all hhiody ; 
shall not he be condemned to dc.tth ? My lord 
Cobham hath, perhaps, hem laboured withal; 
and to save vou, bis old friend, il mav be that 
he will deny all that which »w hath -aid. 

Raleigh. 1 know not how you onceive 
the Law. 

L. C. J- Nay, we do not com -he the Liw, 
but we know \\w Law. 

Ralfinh. Tee wisdom of the Law of God is 
absolute and perfect Uurjac O vivo?, «,S c. But 

c 



15] 



STATE TRIA 15, 1 Jame» I. 1003.— Trial qf Sir Walter Raleigh, 



[M 



dow by the Wisdom of the Stuff , the Wisdom of be charged with them ? I will not hear i 






Indeed, where the Ac- 



it to be hud conveniently, I agree with 
v»ii; but here my Accuser may; he is. alive, and 
in the house. Susnnna had been condemned, if 
Dnniel had not cried out, * Will you condemn 
an innocent Israelite, without ex ami nation or 
knowledge of the truilif* Remember, it is ab- 
solutely the Commandment of God : If a fulsc 
witness rise up, you shall cause him to be brought 
before the Judges; if he be found false, he shall 
have the punishment which the accused should 
hate had. It is very sure, for my lord to accuse 
me is my certain danger, and it may be a means 
to excuse himself. 

L. C. J. There must not such a gap be 
opened for the destruction of the king, ns would 
he if we should grant this. You plead hard 
for yourself, but the laws plead as hard for the 
king. I did never hear that course to be taken 
in a case of Treason, ns to write one to aniithcr, 
or apeak one to another, during the time of 
their imprisonment. There hath been intelli- 
gence between jouj and what under-hand 
practices there may he, I know not. If the 
circumstances agree nut with the Evidence, we 
fill not condemn you. 

Raleigh. The king dciires nothing but the 
knowledge of the truth, and would have no ad- 
vantage tjken by severity of the law. If ever 
we bud a gracious king, now we have; I hope, 
ns he is, such are his ministers. If there be 
but u trial of live marks at Common Law, a 
witness must be deposed. Good tny lords, let 
my Accuser come face to face, and be deposed. 

L. C. J. You have no law for it : God for- 
bid any man should accuse himself upon his 

Attorney. The law presumes, a man will 
not accuse himself to accuse another. You are 
no odious man: for Cohham thinks his cause 
theworse that you arc in it. Now you shall 
hear of some stirs to he raised in Scotland. 
Pari of Copley'* Exaniination. 

" Also Watson told me, that a special per- 
son told him, that Aremberg offered to him 
1000 crowns to be in that action; and that 
Brook said, the Stirs in Scotland rone out of 
Raleigh's head." 

Raleigh, Brook liath been taugbl his Lcs- 

I.ti. Urn. Hoamrd. This Examination was 
taken before. Did I teach him his lesson ? 

Raleigh. I protest before Qi-td, I meant it 
not by any privy-counsellor; hut because mo- 
ney is scant, he will juggle on both sides.* 
Raleigh'i Eranii.iatiim. 

" The way to invade England, were to be- 
gin with Stirs in Seotland." 

Raleigh. I think so still : I have spoken it to 
divers of the Lords of the Council, by way of 
discourse and opinion. 

Attorney. Now let ns come to those words 



* (/ drtl roving the king and 

RaUish. O barbarous • _._,.._ .._ 

ton! villains, should use those words, shall I 



J barbarous ! If they, like It 



was never any Plotter with them against my 

ury, I was never false to the crown of 

land. I have spent 4000 pounds of my 

against the Spanish Faction, fur the good 

of my country. Do you bring the words of 

these hellish spiders, Clark, Watson, and others. 






ler 



Attorney. Thou hast a Spanish heart, and 
thyself art a Spider ofllell; tor tliuu confesses! 
the king to he a most sweet and gracious prince, 
and yet hast conspired against bun. 
Wat ion' i Examination read. 
He said, that George Biook told him twice. 
That his brother, the lord Cobliam, said to liiin, 
that you are but on the bye, but Raleigh and I 
are on the main." 

Brook' » Examination read. 

" Being asked what was meant by this Jar- 
gon, the Bye and the Main ? he said, That the 
lord Cohham told him, that Grey and others 
were in the Bye, he and Raleigh were on the 
Main. Being asked, what exposition his bro- 
ther made of these words? He said, he is loath 
to repnnt it. And after saith, by the main 
was meant the taking away of the king and 
his issue ; and thinks on bis conscience, it was 
infused into his brother's head by Raleigh." 
Cobham'i Examination read. 

" Being asked, if ever he had said, * It will 
never he well in England, till the king and his 
enhs were taken away;' he said, he had answer- 
ed before, and that he would answer no more 
to that point." 

Raleigh. I am not named in all tin's : there 
is a law of two sorts of Accusers ; one of his 
own knowledge, another by hear-say. 

¥.. of Suffolk. .See the Case of Arnold. 

L. V. J. It is the Case of sir Will. Thomas, 
and sir Nicholas Arnold. 

Raleigh. If this may be, you will have any 



'slile 



week. 



Attorney. Raleigh saith, that Cobham was 
in a passion when he said so. Would he tell 
his brother any thing of malice against Raleigh, 
whom he loved as his life? 

Ralchh. Brook never loved me; until hi* 
brother had accused me, he said nothing. 

Id. Cecil. We have heard nothing that 
might lead us to think that Brook accused you, 
he was only in the surprizing Treason : for by 
accusing vuu he should accuse his brother. 

r.nleigh. He doth not much care for that. 

IjI. Cecil. I must judge tlie best. The ac- 
cusation of his brother was notVoluntary; he 
pared every thing as much as he could to save 
his brother. 

Cobham'i Examination read. 

" He saith he had a Book written against 
the Title of the King, which be had of Raleigh, 
and tltit he gave it to his brother Brook : and 
Raleigh said it was foolishly written." 

Attorney. After tlie king caine within 11 
miles of London. Cobham never cunt to Me 
him; and intended to travel without seeing the 



21] 



STATE TRIALS, I JUnes I. 1603.— Jbr High Treason. 



[52 



queen and the prince. Now in thin discon- 
tentment you gave him the Book, and he gave 
it his brother. 

Raleigh. I never gave it him, he took it off 
my table. For I well remember a little before 
that time I received a Challenge from sir Amias 
Preston, and for that I did intenji to answer 
it, I resolved to leave my estate settled, there- 
fore laid out all my loose Papers, amongst which 
was this Book. 

Ld. Havard. Where had you this Book ? 

Raleigh. In the old Lord Treasurer's Study, 
after his death. 

Ld. Cecil. Did you ever shew or make 
known the Book to me ? ' 

Raleigh. No, my Lord. 

Ld. Cecil. Was it one of die books which 
was left to me or my brother? 

Raleigh. I took it out of the study in my 
Lord Treasurer's house in the Strand.' 

Ld. Cecil. After my father's decease, sir 
Walter Raleigh desired to search for some Cos- 
Biographical descriptions of the Indies, which 
he thought were in his Study, and were not to 
be had in print; which I granted, and would 
have trusted sir Walter Raleigh as soon as any 
man : though since for some infirmities, the 
bands of my aifection to liim have been bro- 
ken; and yet reserving my duty to the king my 
master, which I can by no means dispense with, 
by God, I love him, and have a great conflict 
witliin myself: but I must needs say, sir Waiter 
used me a little unkindly to take the Book 
away without my knowledge : nevertheless, I 
need make no apology in behalf of my father, 
considering liow useful and necessary it is for 
privy-counsellors and those in his place to in- 
tercept and keep such kind of writings ; for 
whosoever should then search his study may in 
all likelihood find all the notorious Libels that 
•ere writ against the late queen ; and whoso- 
ever should rummage my Study, or at least my 
Cabinet, may find several against the king, our 
Sorereign Lord, since his accession to the 
throne. 

Raleigh. The Book was in Manuscript, 
and the late Lord Treasurer had wrote in the 
beginning of it with his own Hand, these 
words, ( This is the Book of Robert Snagg.' 
And I do own, as my lord Cecil has said, that 
1 believe they may also find in my house almost 
all the Libels that have been writ against the 
late queen. 

Att. You were no privy-counsellor, and I 
hope never shall be. 

Ld. Cecil. He was not a sworn counsellor 
of state, but he has been called to consul- 
tations. 

Raleigh. I think it a very severe interpre- 
tation of the law, to bring me within compass of 
Treason for this Book, writ so long ago, of 
allien nobody had rend any more than the 
Head* of the Chapters, and which was burnt by 
O. Brook without my privity ; admitting I had 
delivered the same to the lord Cobham, with- 
out allowing or approving, but discommending 
it, according to Cobhajn s first Accusation : 



and put the. case, I should come to my lord 
Cecil, as I have often done, and find a stran- 
ger with bim, with a packet or Libels, and my 
lord should let me have one or two of them to 
peruse : this I hope is no Treason. 

Att. I observe there was intelligence be- 
tween you and Cobham in the Tower; for 
after he said it was against the king's Title, ha 
denied it again. 

Sir W. Wade. First, my lord Cobham con- 
fessed) it, and after he had subscribed it, be 
revoked it again : to me he always said, that 
tlie drift of it was against the king's Title. 

Raleigh. _ I protest before God, and all his 
works, I gave lum not the Book. 
Note 9 Sir Robert Wroth speaketb, or whis* 
pereth something secretly. 

Alt. My lords, I must complain^ of sir 
Robert Wroth ; he says this Evidence is not 
material. 

Sir R. Wroth. I never spake the words. 

Att. Let Mr. Serjeant Philips' testify whe- 
ther he heard him say the words or no. 

Ld. Cecil. I will give my word for sir R. 
Wroth. 

Sir R. Wroth. I will speak as truly as you, 
. Mr. Attorney, for by God, I never spake it. 

L. C. J. Wherefore should this Book be 
burnt ? 

Raleigh. I burned it not. 

Seij. Philips. You presented your friend 
with it when he was discontented. If it had 
been before the queen's death, it had been a 
less matter ; but you gave it him presently 
when he came from the king, which was the 
time of his discontentment. 

Raleigh. Here is a Book supposed to be 
treasonable ; I never read it, commended it, or 
delivered it, nor urged it. 

Attorney. Why, tins is cunning. 

Raleigh. Every thing that doth make for 
me is cunning, and every thing that maketa 
against me is probable. 

Att. Lord Cobham saith, that Kemish 
came to him with a letter torn, and did wUh 
him not to be dismayed, for one witness could 
not hurt him. 

Raleigh. This poor man hath been close 
prisoner these 13 weeks ; he was offered the 
rack to make him confess. I never sent any 
such message by him ; I only writ to him, to 
tell lum what I had done with Mr. Attorney ; 
having of his at that timo a great pearl and a 
diamond. 

Ld. II. Howard. No circumstance moveth 
me more than this. Kemish was never on the 
rack, the king gave charge that no rigour 
should he used. 

Commissioners. We protest before God, 
there was no such matter intended to our know- 
ledge. 

Raleigh. Was not the Keeper of the Rack 
sent for, and he threatened with it? 

Sir W. Wade. When Mr. Solicitor -and my- 
self examined Kemish, we told him hedocned 
the Rack, hut did hot threaten him with it. 

Commissioners. It was niote than we knew. 



2S] STATE TRIALS, 1 James I. 1603.— Trial of Sir Walter Raleigh, 



[24 



Cob/tarn* $ E rumination read. 

lie saith, Kemish brought him a Letter from 
Raleigh, and that part which was concerning 
the Lords of the Council was rent out; the 
Letter contained that he was examined, and 
cleared himself of aH ; and that the lord II. 
Howard said, because he was discontent, he 
was fit to be in the action. And further, that 
Kemish said to him from Raleigh, that he 
should be of pood comfort, for one witness 
could not condemn a man for treason. 

Ld. Cecil. Cobham was asked, whether, 
and when he heard from you ? He said, every 
•day. 

Raleigh. Kemish added more, I never bade 
him speak those words. 

Note, Mr. Attorney here offered to interrupt 
him. 

Ld. Cecil. It is his last Discourse ; give 
him leave, Mr. Attorney. 

Raleigh. I am accused concerning Arabella, 
•concerning Money out of Spain. My L. C. 
Justice saith, a man may be condemned with 
one Witness, yen, without any Witness. Cob- 
ham is gnilty of many things, Conseicniia mille 
testes ; he hath accused himself, what cm he , 
hope for but mercy ? My lords, vouchsafe me 
this grace : let him be brought, being alive, 
and in 'the house ; let him avouch any of these 
tlungs, I will confess the whole Indictment, 
nod renounce the king's mercy. 

Ld. Cecil. Here hath been a touch of the 
ladv Arabella Stuart, a near kinswoman of the 
king's. Let us not scandal the innocent by 
confusion of speech: she is as innocent of all 
these things ns I, or any man here ; only sbc 
received a Letter from my lord Cobham, to 
prepare her; which she laughed at, and imme- 
diately sent it to the ki'ig. So far was she from 
discontentment, that she laughed him to scorn. 
But you see how far the count of Aremberg did 
consent. 

The Lord Admiral (Nottingham) being by in 
a Standing, with the lady Arabella, spake to 
the court : The lady doth here protest upon her 
salvation, that she never dealt in any of these 
things ; and so she willed me to tell the court. 

Ld. Cecil. The lord Cobham wrote to my 
lady Arabella, to know if he might come to 
speak with her, and gave her to understand, 
that there were some about the king that la- 
boured to disgrace her ; she doubted it was but 
a trick. But Brook saith, his brother moved 
him to procure Arabella to write Letters to the 
king of Spain ; but he saith, he never did it. 

Raleigh. The lord Cobham hath accused 
me, you see in what manner he hath forsworn 
it. Were it not for his Accusation, all thi> 
were nothing. Let him be asked, if 1 knew 
of the letter which Lawnriicy brought to him 
from Arcmherg. Let me speak for my life, it 
can be no hurt for him to be brought ; lie 
dares not accuse me. If you grant me not this 
favour, I am strangely used ; Campian* was 
sot denied to have his accusers lace to face. 

 T — f —   f ^  ■■■■! — I —  

• See No. 5& 



L. C. J. Since he must needs have justice, 
the acquitting of his old friend may move him 
to speak otherwise than the truth. 

Raleigh. If I had been the infuser of all 
these Treasons into him ; vou Gentlemen ef 
the Jury, mark this, he said I have been the 
cause of all his miseries, and the destruction of 
his house, and that all evil hath happened unto 
him by my wicked counsel : if this be true, 
whom hath he cause to accuse and to be re- 
venged on, but on me ? And I know him to be 
as revengeful as any man on earth. 

Attorney. He is a party, and may not come ; 
the law is against it. 

Raleigh. It is a toy to tell rae of law ; I 
defy such law, I stand on the fact. 

Ld. Cf.cil. I am afraid my often speaking 
(who am inferior to my lords here present) wirll 
make tl*» woild think i delight to hear myself 
talk. My affection to you, bir Walter, was not 
extinguished, but slaked, in regard of your de- 
serts. You know the law of the realm (to 
which your mind doth not contest), that my 
lord Cobham cannot be brought. 

R-aieigh. lie may be, my lord. 

Ld. Cecil. But dare you challenge it ? 

Raliigh. No. 

Ijord Cecil. You say that my lord Cobham, 
your main accuser, must come to accuse you. 
You say he hath retracted : I say, many par- 
ticulars are not retracted. What the validity 
of all this is, is merely left to the Jury. Let me 
ask you this, If my lord Cobham will say you 
were the only instigator of him to proceed in 
the Treasons, dare you put yourself on this ? 

Rakigh. If he will speak it before God and 
the king, that ever I knew of Arabella's matter, 
or the Money out of Spain, or oi* the surprising 
Treason ; 1 put myself on it, God's will and 
the king's be done with me. 

Lord If. Howard. How ! if he speak things 
equivalent to that you have said ? 

Ralcidi. Yes, m the main point. 

Lord Cecil. If he say, you have been the 
instigator of him to deal with the Spanish king, 
had not the council cause* to draw you hither ? 

Raleigh, I put myself on it. 

Lord Cecil. Then, sir Walter, call upon God, 
and prepare yourself ; for I do verily believe 
my lords will prove this. Excepting your faults 
(I call them no worse), by God, 1 am your 
friend. The heat and passion in you, and the 
Attorney's zeal in the king's service, makes me 
speak this. 

Raltigh. Whosoever is the workman, it is 
reason lie should give an account of his work to 
the u ork-masler. But let it be proved that he 
acquainted me with any of his conferences with 
A i em hcrg : lie would surely have given me some 
account. 

Iwd Cecil. That follows not : If I set you 
on woik, and you give me no account, am I 
therefore innocent ? 

Att. For the lady Arabella, I said she was 
never acquainted with the matter. Now that 
Raleigh had conference in nil these Treasons, it 
it manifest. The Jury hath beard the matter. 



*] 



STATE TRIALS, 1 James I. 16()3.-/or High Treason. 



[26 



There is one Dyer a pilot, that being in Lisbon, 
met with a Portugal gentleman who asked him 
if the king of England was crowned yet : To 
whom he answered, ' I think not yet, but he 
1 shall be shortly/ Nay, saith the Portugal, 
that shall never be, for his throat will be cut 
by Dun Raleigh and DonCobham before he be 
crowned. 

Dte* teas -called and sworn, and delivered this 

Evidence. 

Dyer. I came to a merchant's house in Lis- 
bon, to see a boy that I bad there ; there came 
a gentleman into -the house, and enquiring what 
-countryman I was, I said, an Englishman. 
Whereupon be asked me, if the king was crown- 
ed ? And I answered, No, but that I hoped he 
should be so shortly. Nay, saith he, he shall 
never be crowned*; for Don Raleigh and Don 
Cobham will cut bis throat ere that day come. 

Raleigh. What infer you upon this ? 

Att. That your Treason hath wings. 

Raleigh. If Cobham did practise with Arern- 
berg, how could it not but be known in Spain ? 
Why did they name the duke of Buckingham 
with Jack Straw's Treason, and the duke of 
Yoik with Jack Cade, but that it was to coun- 
tenance his Treason? Consider, you Gentle- 
men of the Jury, there is no cause so doubt till 
which the king's counsel cannot make good 
against the law. Consider my disability, and' 
their ability : they prove nothing against me, 
ooly they bring the Accusation of my lord Cob- 
ban, which he hath lamented and repented as 
heartily, as if it had been for an horrible mur- 
der: for he knew that all this sorrow which 
should come to me, is by his means. Presump- 
tions must proceed from precedent or subsc- 
4)oent facts. I haye spent '10,000 crowns against 
the Spaniard. I had not purchased 40 pound 
a year. If I had died in Guiana, I had not left 
600 marks a year to my wife and son. I that 
have always condemned the Spanish Paction, 
Bethinks it is a strange thin*; that now I should 
affect it ! Remember what St. Austin says, Sic 
judical e tanquam uh alio moi judwandi ; unus 
jWcr, unutn Tribunal. If you would be con- 
tented on presumptions to be delivered up to 
be slaughtered, to have your wives and children 
tamed into the streets to beg their bread ; if 
you would be contented to be so judged, judge 
so of me. 

Serj. Philips. I hope to make this so clear, 
a* that the wit of man shall have no colour to 
ai'iwer it. The matter i» Treason in the high- 
est degree, the end to deprive the king of his 
crow n. The particular Treasons are these : first, 
to rai*e up Rebellion, and to effect that, to 
procure Money ; to raise up Tumults in Scot- 
land, by dj\ uluing a treasonable Book against 
the kins'* right to the crown ; the purpose, to 
tale away the life of his majesty and his issue. 
My loid Cobham confesseth sir Walter to be 
guilty of all these Treasons. The question is, 
»!»' iher he be guilty as joining with him, or in- 
tubating of him ? 1 he course to prove tin*, was 
by my lord Cobbam's Accusation. If that be 



true, he is guilty ; if not, he is clear. So whe- 
ther Cobham say true, or Raleigh, that is the 
question. Raleigh hath no answer but the 
shadow of as much wit, as the wit of man can 
devise. He uscth his bare denial ; the denial 
of a Defendant must not move the Jury. In 
the Star Chamber, or in the Chancery, for mat- 
ter of Title, if the Defendant be called in ques- 
tion, his denial on his oath is no Evidence to 
the Court to clear him, he doth it in propria 
causa ; therefore much less in matters of Trea- 
son. Cohhani's testification against him before 
them, and since, hath been largely discoursed. 
Raleigh. If truth be constant, and constancy 
be in truth, why hath he forsworn that that he 
hath said ? You have not proved any one thing 
against me by direct Proofs, but all by circum- 
stances. 

Att. Have you done ? The king must have 
the last. 

Raleigh. Nay, Mr. Attorney, he which 
speaketh for his life, must speak last. False 
repetitions and mistakings must not mar my 
cause. You should speak secundum allegata et 
probata. I appeal to Cod and the king in this 
point, whether Cobhum's Accusation be suffi- 
cient to condemn me. 

Att. The king's safety and your clearing 
cannot agree. I protest before God, I never 
knew a clearer Treason. 

Raleigh. I never had intelligence with Cob-j 
liam since I came to the Tower. 

Att. Go to, 1 will lay thee upon thy back, 
for the; confidentest Traitor that ever came at 
a bar. Why should you take 8,000 crowns for 
a peace ? 

Lord Cecil. Be not so impatient, good Mr. 
Attorney, give him leave to speak. 

Att. If I may not be patiently heard, yon 
will encourage Traitors, and discourage us. I 
am the king's sworn servant, and must speak ; 
If he be guilty, he is a Traitor ; if not, deliver" 
him. 

Note, Here Mr. Attorney sat down in a chafe, 
and would speak no more, until the Com- 
missioners urged and intreated him. After 
much ado, he went on, and made a long 
repetition of all the Evidence, for the direc- 
tion cf the Jury ; and at the repeating of 
some things, sir Walter Raleigh interrupted 
him, and said, he did him wrong. 
Att. Thou art the most vile and execrable 
Traitor that ever lived. 

Raleigh. You speak indiscreetly, barbar- 
ously and uncivilly. 

Att. I want words sufficient to express thy 
viperoMs Treasons. 

Raleigh. I think you want words indeed, 
for you have spoken one thing half a dozen 
times. 

Att. Thou art an odious fellow, thy name 
is hateful to all the realm of England for thy 
pride. 

Raleigh. It will go near to prove a mea- 
Miring east between you and me, Mr. Attorney. 
Att. Well, I* will now make it appear to 
the \%orld, that there never lived a viler ' 






*71 



STATE TRIALS, 1 Jamks I. 1603.— Trial of Sir Walter Rakfch, 



[28 



upon the face of the earth than thou. And 
therewithal he drew a Letter out of his pocket, 
saying further, My lords, .you shall see, this is 
an Agent that hath writ a Treatise against the 
Spaniard, and hath ever so detested him ; this 
is. he that hath spent so much Money against 
him in service ; and yet you shall all see whe- 
ther his heart he not wholly Spanish. The 
lord Cobham, who of his own nature was a 

food and honourable gentleman, till overtaken 
y this wretch, now finding his conscience 
heavily burdened with some courses which the 
subtilty of this Traitor had drawn him into ; 
my lords, he could be at uo rest with himself, 
nor quiet in his thoughts, until he was eased of 
that heavy weight : out of which passion of his 
mind, and discharge of his duty to his prince, 
and his conscience to God, taking it upon his 
salvation that he wrote nothing but the truth, 
with his own hands he wrote this Letter. 
Now, sir, you shall see whether you had intelli- 
gence with Cohham, within four days before 
he came to the Tower. If he be wholly Span- 
ish, that desired a Pension of 1500/. a year 
from Spain, that Spain by him might have in- 
telligence, then Raleigh is a Traitor : He hath 
taken an apple, and pinned a Letter unto it, 
and threw iuinto my lord Cobham's window ; 
the contents whereof were this, ' It is doubtful 
' whether we $hall he proceeded with or no, 

* perhaps you shall not be tried.' This was to 
get a retractation. Oh ! it was Adam's apple, 
whereby the devil did deceive him. Further, 
he wrote thus, « Do not as my lord of Emcx 

* did ; take heed of a Preacher ; for by his 
' persuasion he confessed, and made himself 
' guilty/ I doubt not but this day God shall 
have as grout a conquest by this Traitor, and 

4 the Son of God shall be as much glorified, as 
when it was said, Vicisti, Gulilae ; you know 
my meaning. What though Cob ham retract- 
ed, yet he could not rest nor sleep till he con- 
firmed it again. l\ this be not enough to prove 
him a Traitor, the king my master shall not live 
three years to an end. 

Noto, Here Mr. Attorney produced the lord 
Cobham's Letter, and as he read it, inserted 
some speeches. 

* I have thought fit to set down this to my 
' lords, wherein I protest on my soul to write 

* nothing but the truth. I am uow come near 
' the period of my time, therefore I confess 
' the w hole truth before God and his angels. 
' Raleigh, four days before I came from the 
4 Tower, caused an apple' (Eve's apple) ' to be 

* thrown in at my chamber window ; the effect 
' of it was, to intre.it *no to risrht the wrong 
' that I had done him, in siying, ' that I should 
' hive come home by Jersey;* which under 

* my hand to him I have ret rat-ted. His first 
' Letter I answered not, which was thrown in 
' the same manner ; whertiu he grayed me to 
< write him a Letter, which I did. He tent 
4 me word, that the Judges met at Mr. Attor- 
4 ney's house, and that there was good hope 
4 the proceedings against us should be slaved : 



' he sent me another time a little tobacco. 
1 At Aiemberg's coming, Raleigh was to have 
' procured a pension of 1500/. a year, for 

* which he promised, that no action should be 
< against Spain, the Low Countries, or the In- 

* dies, but he would give knowledge before- 

* hand. He told me, the States had audience 
'with the king.* — (Attorney, ' Ah ! is not this 
a Spanish heart in an English body ?') * He 
4 hath been' the original cause of my ruin ; for 

* I had no dealing with A rem berg, but by his 
' instigation. He hath also been the cause of 

* my discontentment ; he advised me, not to 
' be overtaken with preachers, as Essex was ; 
' and that' the king would better allow of a 
1 constant dcuial, than to accuse any/ 

Att. Oh, damnable atheist ! He hath 
learned some Text of Scripture to serve bis 
own purpose, but falsely alledged. He coun- 
sels him not to be counselled by preachers, as 
Eh-tex was : He died die child of God, God 
honoured him at his death ; thou wast by when 
he died * ; Et lupus et turpes instant moricn~ 
Ubus Ursa, He died indeed for his offence. 
The king himself spake these words ; * He that 
' shall say, Essex died not for Treason, is 
' punishable.' 

Raleigh. You have heard a strange tale of 
a strange man. Now he thinks, he hath mat- 
ter enough to destroy me ; but the king and all 
of you shall witness, by our deaths, which of 
us was the ruin of the other. I bid a poor fel- 
low throw in the Letter at his window, written 
to this purpose ; ( You know you have undone 
me, now write three lines to justify me.' In 
this I will die, that he hath done me wrong : 
Why did not he acquaint him with my disposi- 
tions ? 

L. C. J But what say you now of the Let- 
ter, and the Pension of 1500/. per annum ? 

liuicifih. I say, that Cobham is a base, dis- 
honourable, poor soul. 

Att. Is he base ? I return it into thy throat 
on his behalf: But for thee he liad been a good 
subject. 

L. C. J. I perceive you are not so clear a 
man, as you have protested all this while ; for 
you should have discovered these matters to 
the king. 

Nota, Here Raleigh pulled a Letter out of his 
pocket, which the lord Cobhain had written 
to him, and desired my lord Cecil to read 
it, because he only knew his hand ; the ef- 
fect of it was as follows : 

Cobham's Letter of Justification to Raleigh. 

1 Seeing myself so near mv end, for the dis- 
charge of my own conscience, and freeing 
myself from your blood, which else will cry 
vengeance against me; I protest upon my 
salvation I never practised with Spain by 
your procurement; God so comfort me in 
this my affliction, as you are a true subject, 
for any thing that I know. I will say as 
Daniel, Purus sum d sanguine hujus. So 






* See rol. 1. p. 1359. 



23] 



STATE TRIALS, 1 James I. 1003.-: for High Treason. 



[30 



1 God have mercy upon my soul, as I know no 
* Treason by you/ 

Raleigh. Now I wonder how many souls 
this man hath ! He damns one in this Aictter, 
tnd another in that. 

[Here was much ado : Mr. Attorney alledg- 
ed, that his last Letter was politicly und cun- 
ningly urged from the lord Cobham, and that 
the first was simply the truth ; and that lest it 
ihould seem doubtful tliat the first Letter was 
drawn from my lord Cobham by promise of 
mercy, or hope of favour, the Ld. C. J. billed 
that the Jury might herein be satisfied. 
Whereupon the earl of Devonshire delivered, 
that die same was mere voluntary, and not ex- 
tracted from the lord Cobham upon any hopes 
or promise of Pardon.] 

This was the last Evidence • : whereupon a 
Marshal was sworn to keep the Jury private. 
The Jury departed, and staid not a quarter of 
ui hour, but returned, and gave their verdict, 
Guilty. 

Serf. Heale demanded Judgment ngainst 
the Prisoner. 

Clerk of the Crown. Sir Walter Raleigh, 
Thou hast been indicted, arraigned, and plead- 
ed Not Guilty, for all these several Treasons ; 
and for Trial thereof, bast put thyself upon thy 
country ; which country are these, who have 
found thee Guilty. What canst thou say for 
thyself, why Judgment and Execution of Death 
•hootd not pass against thee ? 

Raleigh. My lords, die Jury have found 
me Guilty : they must do as they are directed. 
I can say nothing why Judgment should not 
proceed. You see whereof Cobham hath ac- 
cused me : you remember his Protestations, 
that I was never Guilty. I desire the king 
fiboeld know of the wrongs done unto me 
since I came hither. 

L. C. J. You have had no wrong, sir Wal- 
ter. 

Raleigh. Yes, of Mr. Attorney, I desire 
nj lords to remember three things to the 
king. 1. I was accused to be a practiser with 
Spain : 1 never knew that my lord Cobham 
meant to go thither ; I will ask no mercy at 
the king's hands,' if he will affirm it. 2. 1 never 
knew of the practice with Arabella. 3. 1 never 
knew of my lord Cobhatn's practice with Arem- 
kert» nor of the surprizing Treason. 

L. C. J. In my conscience, I am persuaded 
that Cobham hath accused you truly. You 
cannot deny, but that you were dealt with to 
have a Pension to be a spy for Spain ; there- 
fore y.j are not so true to the king as you 
We protested yourself to be. 

Raleigh. I submit myself to the king's 

* Kennett says that " Upon the trial, sir 
Walter Raleigh denying the tact, pleaded, That 
though it were proved, it could not amount to 
Treason against king James, being done in the 
reign of the late queen; and no acts of parlia- 
ment made to entail the crown upon him after 
W death." 



mercy ; I know his mercy is greater than my 
o Hence. I recommend my wife, and son of 
tender years, unbrought up, to his compassion. 
L. C. J. I thought I should never have 
seen this day, to have' stood in this place to 
give Sentence of Death against you ; because 
I thought it impossible, that one of so great 
parts should have fallen so grievously. God 
hath bestowed on you many benefits. You 
had been a man fit and able to have served 
the king in good place. You had brought 
yourself into a good state of living; if you had 
entered into a good consideration of your 
estate, and not su tiered your own wit to have 
in trapped yourself, you might have lived in 
good comfort. It is best for man not to seek 
to climb too high, lest he fall : nor yet to creep 
too low, lest he be trodden on. It was the 
Poesy of the wisest and greatest Counsellor of 
our time in EngUuid, In medio sputio medio- 
cria firma locantur. You might have lived 
well with 3000/. a vear, for so I have heard 
your Revenues to be. 1 know nothing might 
move you to be discontented : but if you hud 
been down, you know fortune's wheel, when it 
is turned about, riseth again. 1 never heard 
that the king took away any thing from you, 
bur the Captainship of the Guard, which he 
did with very good reason, to have one of his 
own knowledge, whom he might trust, in that 
place. You have heen taken tor a wise man, 
and so have shewed wit enough this day. 
Again, for Monopolies for Wine, &c. if the 
king had said, It is a matter that offends my 
people, should I burden them for your private 
good ? 1 think you could not well take it hard- 
ly, that his subjects were cased, though by 
your private hindrance. Two \ ices have lodged 
chiefly in you ; one is an eager ambition, the 
other corrupt covetousness. Ambition, in de- 
siring to be advanced to equal grace and fa- 
vour, as you have been before time ; that 
grace you had then, you got not in a day or 
year. For your covetousness, I am sorry to 
hear that a gentleman of your wealth should 
become a base Spy for the enemy, which is 
the vilest of all other ; wherein on my con- 
science Cobham hath said true : by it you 
would have increased your living 1500?. a year. 
This covetousnos is like a canker, that eats 
the iron place where it lives. Your case being 
thus, lej it not grieve you, if 1 speak a little 
out of zeal, and love to vour good. You have 
been taxed by the world, with the Defence of 
the most heathenish and blasphemous Opinions, 
which I list not to repeat, because Christian 
ears cannot endure to hear them, nor the au- 
thors and maintained of them be suffered to . 
live in any Christian Commonwealth. You 
know what men said of llarpool. You shall 
do well, before you go out of the world, to give 
satisfaction therein, and not to die with these 
imputations on you. Let not any devil per- 
suade you to think there is no eternity iu 
Heaven : for if you think thus, you shall find 
eternity in Hell-fire. In the first accusation of 
my lord Cobham, I observed his manner of 



31] 



STATE TRIALS, 1 James I. ltfOS.— Trial qf Sir Walter Raleigh, 



[32 



speaking ; I protest before the living God, I 
am persuaded he spoke nothing but the truth. 
You wrote, that he should not in any case 
confess any thing to a Preacher, telling him an 
example of my lord of Essex, that noble earl 
that is gone ; who, if he had not been carried 
away with others, had lived in honour to this 
day among us : he confessed his offences, and 
obtained mercy of the Lord ; for I am verily 
persuaded in my heart, he died a worthy ser- 
vant of God. Your conceit of not coniessing 
any thing, is very inhuman and wicked. In 
this world is the time of confessing, that we 
may be absolved at the Day of Judgment. 
You have shewed a fearful sign of denying God, 
in advising a man not to confess the truth, it 
now comes in my mind, why you may not have 
your Accuser come face to face : tor such an 
one is easily brought to retract, when he seeth 
there is no hope of his own life. It is dange- 
rous that any Traitors should have access to, 
or conference with one another ; when they 
see themselves must die, they will think it best 
to have their fellow live, that he may commit 
the like Treason again, and so in some sort 
seek revenge. — Now it resteth to pronounce 
the Judgment, which I wish you had not been 
this day to have received of me : for if the 
fear of God in you had been answerable to 
your other great parts, yuu might have lived to 
have been a sinuular good subject. I never 
saw the like Trial, and hope 1 *hall never see 
the like again : 

The JVDT.MEM', 

But since you have been found guilty of these 
horrible Treasons, the judgment of this court 
is *, That you s-hull be had from hence to the 
place whence you came, there to remain until 
the day of execution; and from thence you 
shall be drawn upon a hurdle through the open 
streets to the place of execution, there to be 
hanged and cut down alive, and your body 
shall be opened, your heart and bowels plucked 
out, and your privy members cut off, and 
thrown into the fire before your eyes ; then your 
head to be stricken off from your body, and 
your body shall be divided into four quarters, 
to be disposed of at the king's pleasure: And 
God have mercy upon your soul. 

Sir Walter Raleigh Besought the carl of 
Devonshire, and the lords, to be suitors on his 
behalf to the king; that in regard of places of 
estimation he did bear in his majesty's time, 
the rigour of his Judgment might be qualified, 
and his death be honourable, and not igno- 
minious. Wherein after they had promised 
him to do their utmost endeavours, the court 
rose, and the prisoner was carried up again to 
the castle. 

Fourteen years sir Walter had spent in the 

* As to the Judgment for Treason and the 
difference between the Judgment pronounced 
and that entered on the record, see Lord Der- 
wentwater's Case, infra, a. d. 1715, and East's 
Pleas of the Crown, ch. 2. •. 78. 



Tower, and being weary of a state wherein he 
could be only serviceable by his pen, but not 
in a capacity of serving and enriching his 
country any other way, (of whom prince Henry 
would say, ' that no king but his father would 
keep such a bird in a cage;') at length he fell 
upon an enterprize of a golden mine in Guiana 
in the Southern parts of America. The propo- 
sition of rhis was presented and recommended 
to his majesty by sir Ralph VVinwood, Secretary 
of State, ns*a matter not in the air, or specula- 
tive, but real, and of certainty : for that sir 
Walter had seen of the ore of the mine, and 
tried the richness of it, having gotten a pound 
from thence by the hands of Captain Kemish's 
ancient servant. — Sir Ralph's recommendation* 
of the design, and the earnest solicitations for 
his enlargement by the queen and prince, and 
the French Leiger, (with much affection to his 
deserts, not without some politic designs on 
Spain) together with the asseverations of sir Wal- 
ter of the truth of the mine, worked upon his 
majesty, who thought himself in honour obliged, 
nay, in a manner engaged, as the Declaration 
which he published after the death of sir Walter 
tells us, not to deny unto his people the adven- 
ture and hope of so great riches to be sought 
and achieved at the charge of volunteers, espe- 
cially since it stood so well with his majesty's 
politic and magnanimous courses in these his 
nourishing times of peace to nourish and encou- 
rage noble and generous enterprizes for planta- 
tions, discoveries, and opening of a new trade. 
— Count Goudomar, an active and subtle in- 
strument to serve his master's ends, took alarm 
at this, and represented to his majesty the 
Enterprize of sir Walter to be hostile, and pre- 
datory, intending a breach of the peace between 
the two crowns. But notwithstanding, power 
at last is granted to sir Walter to set forth ships 
and men for that sen ice. llowoer, the king 
commanded him upon pain of his allegiance, 
to give him under hi* hand, promising, on the 
word o( a king, to keep it secret, the number of 
his men, the burden and strength of his ships, to- 
gether with the country and river which he was 
to enter: Which being done accordingly by sir 
Walter, that very original Paper was found in 
the Spanish governor's closet at St. Thomas's. 
So active were the Spanish ministers, that ad- 
vertisement was sent to Spain, and thence to 
the Indies, before the English Fleet got out of 
the Thames. — But as we have just cause to 
admire the' more than usual activity of the 
Spanish Agents, so may we wonder no less at 
I the miscarriage of his majesty's present minis- 
ters, who, notwithstanding he had pas r £d his 
royal word to the contrary, yet they did help 
count Gondoraar to that very Paper; so much 
both king and court were at Gondomar's ser- 
vice. A Commission* indeed is granted, but 
by Gondomar's means is limited, That the 

* This Commission bears date Aug. 26, 
1616, and is to be found in 1 Rymer's Eccdera, 
789, wherein no mention is made of the king of 
Spain, or his subjects, notwithstanding it is so 



S3] 



STATE TRIALS, 1 James I. 1003.— /or High Treason. 



[34 



Fleet should commit no outrages upon the king 
of Spain's subjects by lund, unless they begun 
first. With this commission, and the company 
of several brave captains, and other knights 
and gentlemen of great blood and worth, he 
set out in quest of the Mine with a compleat 
fleet of 12 sail ; letting fall a Speech at his de- 
parture, which was rather an argument of his 
wit than liis wisdom ; * That his whole History 
' of the World hud not the like precedent, of a 
1 king's prisoner to purchase freedom, and his 
' bosom favourite to have the halter, but in 
' Scripture, Mordecai and Haman ;* meaning 
himself and the carl of Somerset. To which 
he was told, that the king replied, * He might 
die in that deceit.* Which he did, for Somer- 
set was saved. Of whom was made good what 
sir Waller used to say of Favourites, * That 
minions were not so happy as vulgar judgments 
thought them, being frequently commanded to 
uncomely, and sometimes to unnatural employ- 
ments.' On the 17 th of Nov. he arrived at Guiana 
having been much retarded by contrary winds, 
and having lost several of his volunteers in the 
voyage, by a violent calenture. When sir Wal* 
ter was returned to Plymouth, sir Lewis Stetikly, 
Vice-Adiniral of the county of Devon, seized 
him, being commissioned by his majesty to 
bring him to London ; which could add no ter- 
ror to a person who could expect nothing less. 
When be was brought to London, he was per- 
mitted the confinement of his own house: but' 
fading the court wholly guided by Gondomar, 
he could hope for little mercy ; therefore he 
wisely contrived the design of an escape into 
France; which sir Lewis Steukly betrayed. 

The Voyage proving unsuccessful, king James 
was willing to sacrifice the life of sir Walter 11 to 
the advancement of peace with Spain, but not 
upon such grounds as the ambassador had de- 
signed; for he desired a Judgment upon the 
pretended breach of peace, that by this occa- 
sion he might slily gain from (he English an 
acknowledgment of his master's right in those 
places, and hereafter both stop their mouths, 
and quench their heat and valour. 

Hence they resolved to proceed against him 
apon his old condemnation f, for having had 
eiperience upon a former Trial, they cared not 
to run the hazard of a second. Accordingly, 
upon Wednesday, the 28th of Oct. 1618, the 
Lieutenant of the Tower, in pursuance of a 
Writ of Habeas Corpus to him directed, brought 
sir Walter Raleigh from the Tower to the 
KingVbench bar at Westminster. Wliere 
Mr. Attorney (Mr. Henry Yelverton,) spake in 
eject thus: My lord*, sir Walter Raleigh, the 
prisoner at the bar, was 15 years since, con- 
victed of High-Treason, by him committed 
^fainst the person of his majesty, and the state 

insinuated in the king's Proclamation against 
Sir Walter Raleigh, June 11, 1618, which is 
extant in 1 Ryra. Foedera, 92. 

* 1 Rush. coi. 9. 

t See the Order for hit Execution, 1 Rym. 
Fo><L 115. 

vol. y. 



of this kingdom, and then received the Judg- 
ment of death to be hanged, drawn, and quar- 
tered ; his majesty, of his abundant grace, oath 
been pleased to shew mercy upon him 'till 
now, that justice calls unto him tor Execution. 
Sir Walter hath been a statesman, and a man, 
v\ho, in regard of his parts and quality, is to be 
pitied : he hath beeu as a star, at which the 
Vorld hath gazed; but stars may fall, nay they 
must fall, when they trouble the sphere wherein 
they ahide. It is therefore his majesty's plea- 
sure now to call for Execution of the former 
Judgment, and 1 now require order for the same. 

'1 hen Mr. Fanshaw, Clerk of the Crown, 
read the Record of the Conviction and Judg- 
ment, and called to the Prisoner, tn hold np his 
hand, which he did. Then was the Prisoner 
asked, Whit he could say for himself, why exe-" 
cution should not be awarded against turn ? 

Sir Walter Raleigh. My lords, my voice is 
grown weak, by reason of my late sickness, and 
an ague, which I now have ; for 1 was even now 
brought hither out of it. 

L. C. Justice (sir Edw. Coke). Sir Walter, 
your voice is audible enough. 

Sir Walter. Then, my lord, all I can say is 
this; That the Judgment which 1 received to 
die so long since, 1 hope it cannot now be 
strained to take away my life ; for that since it 
was his majesty's pleasure to grant roc a commis- 
sion to proceed in a Voyage beyond the seas, 
wherein I had power as marshal, on the lite and 
death of others, so, under favour, I presume I 
am discharged of that Judgment : for, by that 
Commii-sion I departed the land, and undertook 
a Journey, to honour my sovereign, and to en- 
rich his kingdom with gold, of the ore whereof 
tins hand hath found and taken in Guiana ; but 
the Voyage, notwithstanding my endeavour, had 
no other success, but what was fatal to me, the 
loss of my son, and waiting of my whole estate. 

Being about to proceed, he was by the L. C. 
Justice interrupted, who spake : 

L. C. J. Sir Walter Raleigh, this which you 
now speak, touching your Voyage, is not to the* 
purpose, neither can your Commission any way 
help you, by that you are not pardoned ; for by 
words of a special nature, in case of treason, 
you must be pardoned, and not implicitly. 
There was no word tending to Pardon in all 
your Commission, and therefore you must say 
something else to the purpose ; otherwise, ne 
must proceed to give execution. 

Sir Waiter Raleigh. If your opinion be so, 
my lord, I am satisfied, and so put myself on 
the mercy of the king, who I know is gracious ; 
and, under favour, I must say I hope he will be 
pleased to take commiseration upon me, is 
concerning that judgment, which is so long 
past, and which, I think, here are some could 
witness, nay, his majesty was of opinion, that 
I had hard measure therein. 

L. C. J. Sir Walter Raleigh, you must re- 
member yoursrlf; you had an honourable 
Trial, and so were justly convicted; and it were 
wisdom in you now to submit yourself, and to 
confess your Offence did justly draw upon you 



35] 



STATE TRIALS, 1 James I. 1603— Trial of Sir Walter Raleigh, 



[36 



that Judgment which was then pronounced 
against you ; wherefore I pray you attend what 
1 shall say unto you. I am here called to 
grant Execution upon the Judgment given you 
15 years since; all which time you have been 
as a dead man in the law, and might at any 
minute have been cut off, I ut the king in mercy 
spared you. You might tbiuk it lienvy, if this 
were doue in cold blood, to call you to Execu- 
tion, but it is not so ; for new Offences have 
stirred up his majesty's justice, to remember to 
revive what the law hath formerly cast upon 
you. 1 know you have been valiant and wise, 
and I doubt not but you retain both tliete vir- 
tues, for now vou shall have occasion to u*e 
them. Your faith hnth heretofore been ques- 
tioned, but I am resolved you are a gocd Chris- 
tian ; for your Book, which is an admirable 
work, doth testify as much. I would give you 
counsel, but I know- you can apply uuto your- 
self far better than I am able to give you ; yet 
will I,*with the good neighbour in the Gospel, 
who finding one in the way, wounded and dis- 
tressed, poured oil into his wounds, and refresh- 
ed him, I give unto you the oil of comfort ; 
though, in respect that I am a minister of the 
law, mixed with vinegar. Sorrow will not 
avail you in some kind : for, were you pained, 
sorrow would not case you ; were you afflicted, 
sorrow would not relieve you ; were you tor- 
mented, sorrow could not content you ; and 
yet, the sorrow for your sins would be an ever- 
lasting comfort to vou. You must do as that 
valiant captain did, who perceiving himself in 
danger, said, in defiance of death ; ' Death, 
* thou expectest me, but maugre thy spite, I 
' expect thee/ Fear not death too much, nor 
fear not death too little : not too much, lest 
you fail in your hopes ; not too little, lest you 
die presumptuously. And here I must con- 
clude w ith my prayers to God for it ; and that 
he would have mercy on your soul.- — And so 
the L. C. Justice ended with these words : 
1 Execution is granted'. 

Sir Walter Raleigh. My lord, I desire thus 
much favour, that I may not be cut off suddenly; 
for 1 have something to do in discliarge of my 
conscience, and something to satisfy hismnjestv 
in, something to satisfy the world in; and 1 
desire I may be heard at the day of my death. 
And here I take God to be my judge, before 
w horn I shall shortly appear, 1 was never dis- 
loyal to his majesty, which I will justify where 
L shall not fear the face of any king on earth: 
and so I beseech you all to pray for me. • 

The Court having awarded Execution, the 
Sheriffs of Middlesex were commanded for that 
purpose to take him into their custody, who 
presently carried him to the Gatehouse. The 
following is a Copy of the Warrant for his Exe- 
cution : 

Dc Warranto speciuli pro dccollullonc Walteri 
Ralek.h, militia. 

* James, by the grace of God, king of Eng- 
1 land, Scotland, France, and Ireland, defender 
' of the faith, &c. To our right trusty and well- 



beloved Counsellor Frances lord Verulam, 
our chancellor of England ; greeting. — 
Whereas sir Walter Raleigh, knigbt, late of 
the parish of Saint Martin in the Fields, in 
the county of Middlesex, with others, hath 
been indicted of divers High-Treasons by him 
committed against us* and thereupon hath 
been tried, and found Guilty of the same, be- 
fore our dear cousin and counsellor, Thomas 
earl of Suffolk, then Chamberlain of our 
Housetibld, Gilbert late earl of Shrewsbury, 
Charles late carl of Devon, Henry lord How-' 
ard, Robert lord Cecil, of Essingdon, then our 
principal Secretary, Edward lord Wotton then 
our Comptroller of our Household, and other 
our Justices of Oyer and Terminer, at onr 
city of Winchester, in our county of South- 
ampton, concerning Treasons, and other of- 
fences, lately assigned ; which said sir Walter 
R deign was, tor the same his Treasons, by 
them adjudged to be drawn, hanged, and quar- 
tered, according to the laws and customs of 
this our realm df England, in that case pro- 
vided ; which said Commission, with the said 
Judgment, Indictment, and the Trial and pro- 
ceedings thereupon, were returned, and do 
remain in our said Court of Pleas, before us 
to be holdcn ; and although the said sir Wal- 
ter Raleigh be adjudged to die as aforesaid ; 
yet we, minding to dispense with that manner 
of Execution of Judgment, do therefore, by 
tliese presents, pardon, remit, and release the 
said sir Waiter Raleigh, of and from such Ex- 
ecution of his Judgment to be drawn, hanged, 
and quartered, as abovesaid, and instead 
thereof, our pleasure is to have the head only 
of the said sir Walter Raleigh cut off, at, or 
within our palace of Westminster, in, or upon 
some fit and convenient place, or scaffold, to 
be provided in that behalf, and that in such 
sort and order, as in such cases have been 
heretofore done ; the said Judgment to be 
drawn, hanged, and quartered, or any law, or 
other thing, or matter, whatsoever, to the 
contrary notwithstanding: willing, charging, 
and hereby expressly commanding you #ur 
said Chancellor, That, upon receipt hereof, 
you do forthwith direct, under our great seal 
of England, two several Writs, one to the 
lieutenant of our Tower of London, or his 
deputy there, for the delivery of the said 
Walter Raleigh to the sheriff of Middlesex, 
at, or within our said palace of Westminster 
aforesaid ; and another Writ to the said she- 
riff of Middlesex, for the receiving the said 
sir Walter Raleigh of and from the hands of 
our said Lieutenant, or hi* deputy, and for 
the executing of him there, at some fit and con- 
venient place, to be there, by our said sheriff, 
erected and provided for that purpose, in such 
manner and form as in such cases hath here- 
tofore been done, or used to be done; and 
these presents sliall be your warrant and dis- 
charge for the same, against us, our heirs and 
successors for ever. Witness our self at 
Westminster, the 98th day of October 1618. 
Psr Brevt d$ Frivato Sigillo.' 



37] 



STATE TRIALS, J James I. 1603.— /or High Treason. 



[38 



Bat all persona have wondered how that old 
Sentence, that had lain dormant 16 yean and 
upwards against sir Walter, could have been 
Biade uie of to take off his head afterwards : 
considering the then Lord Chancellor Verulam 
cold him positively, (as sir Walter was acquaint- 
ing hi in with thut proffer of sir Vr\n. St. Geon 
for a Pecuniary Pardon, which might have 
been obtained for a lets sum than his Guiana 
preparations amounted to) in these words : 

* Sir, the knee-timber of your Voyage is Money ; 
' spare ^our purse in this particular, fur upon 

* my lite you have a sufficient Pardon for all 
' tipit is passed already, the king having, under 

* his broad-seal, made you admiral of your 

* fleet, and «iven you power of the martial law, 
1 over the officers and soldiers.' 




be esteemed or judged Recttu in curia, and 
free from all old convictions. But sir Walter 
hath made the best defence for his Guiana ac- 
tions, in his letter to his majesty, which is here 
inserted. 

' May it please your most excellent majesty; 
4 In my Journey outward-bound, I had my men 
' murdered at the island, and yet spared to take 
4 revenge : if I did discharge some Spanish 

* barques taken without spoil; if I did forbear 
4 all parts of the Spaui*h Indies, wherein I 
' might have taken 20 of their towns on the 

* sea-coasts, and did only 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 Mine, by your majesty's favour, I 
' find no reason why the Spanish Ambassador 
4 should complain of me. If it were lawful for 
4 the Spaniards to murder 20 Englishmen, bind- 
4 ing them back to back, and then cutting their 
4 throats, when they had traded with them n 

* whole month, and came to them on the land 
' without so much as one sword ; and that it 
4 may not be lawful for your majesty's subjects, 
4 being charged first by tliein, to repel force by 
' force ; we may justly say, miserable Eng- 
4 lish ! If Parker and Metham took Campench 
' and other places in the Honduraes, seated in 
1 the heart of the Spanish Indies, burned towns, 
4 killed the Spaniards, and had nothing said to 
1 them at their return, and myself forbore to 
4 look into the Indies because I would not of- 
4 fend ; I may justly say, O miserable sir W. Ila- 
4 )etgh4 If I spent my poor estate, lost my son, 
4 suffered by sickness, and otherwise, a world 
4 of miseries; if I have resisted with the mani- 
4 Jest hazard of my life, the robberies and spoils 
4 which my company would have made; if when 
4 I was poor, I might have made myself rich ; 
4 if when I had gotten my liberty, which all 
' men, and nature itself do so much prize, I vo- 
' lontarily lost it; if, when I was- sure of my 
' life, I rendered it again ; if I might elsewhere 
4 ha\e sold my ship and goods, and put 5 or 
' GOpO/. in my pocket, and vet have brought 
4 her into England : J beseech your majesty to 



' believe, that all this I have done, because it 
1 should not be said to your majesty, that your 
' majesty had given liberty and trust to a man 

* whose end was but the recovery of his liberty, 

* and who had betrayed your majesty's trust. 
1 My mutineers told me, that if I returned for 
' England I should be undone ; but I believed 
t in your majesty's goodness, more than in all 
' their argumettt*. Sure I am, that I am the 

* first that being free, and able to enrich any- 

* self, have embraced poverty and peril ; and 

* as sure I am, that my example shall maketue 
' the last. But your majesty's wisdom and 
1 goodness I have made my judge; who have 
' ever been, and shall ever be, your majesty's 
•" most humble vassal, Walter Raleioii.' 

But this Apology, though never so persuasive, 
could not satisfy Gondomar's rage, who was re- 
solved to sacrifice the only favourite left of 
queen Elizabeth, to the Spanish interest : aud 
who, as Osburn remarks, was the only person 
of Essex's enemies that died lamented ; and the 
only man of note left alive, that had helped te 
beat the Spaniard iu the year 1588. 

Sir Walter Raleigh's Letter to the King the 
Right before his Execution. 

Tie night before the Execution, sir Walter 
wrote the following Letters, the one to the 
King, the other to his Wife: 

1 The life which I had, most mighty prince, 
' the law hath taken from me, and I am now 
' but the same earth and dust, out of which I 
4 was made. If my offence had any propor- 

* Lion with your majesty's mercy, I might de- 
4 spnir, or if my deserving had any quantity 
' with your majesty's uiuncasurable goodnets* 
4 I might yet have hope ; but it is you that 

* in us>t judge, and not I. Name, blood, genti- 
1 lity, or ebtate, I have none; no not so much 
' as a being, no not so much as a vita/n plantax 

* I have only a penitent soul in a body of iron, 
' which moveth towards the loadstone of death, 
' and cannot be withheld from touching ir, ex- 
4 cept your majesty's mercy turn the point jo- 
' wards me that cxpelleth. Lost I am for hear- 
1 ing of vain man, for hearing only, and never 

* l>efieving nor accepting : aud so little account 
' I made of that speech of his, which was my 
' condemnation (as my forsaking him doth truly 
' witness) that 1 never remembered any such 
' thing, till it was at iny trial objected again* 
' me. So did Ir: repay my care, who cared to 
( make him good, which I now see no care of 
1 man can effect. But God (for my otience t« 

* him) hath laid this heavy burden on me, mi- 
' serahle aud unfortunate wretch that I am ! 
' But for not loving you (my sovereign) Go4 

* hath not laid this sorrow on me; for he knows 

* (with whom I am not in case to lie) that I 
4 honoured your innjesty by fame, and loved 
' and admired you by kuowledge; so that whe- 

* ther I live, or die, your majesty's loving aer- 
' vant I will live and die. If now 1 write what 
' seems not well-fa veu red, most merciful 
4 prince, vouchsafe to ascribe it to the counsel 

* of a dead heart, and te a mind that satroir 



SO] 



STATE TRIALS, 1 James I. 1003.— Trial qf Sir Walter Raleigh, 



[40 



' hath confounded. But the more my misery 

* is, the mote is your majesty's mercy, if you 
4 please to' behold ir, and the less 1 can de- 
4 serve, the more liberal your majesty's gift 

* shall be : heremy you shall only imitate God, 

* by giving free life ; and by giving it to such a 
4 one, from whom there can be no retribution, 
4 but only a desire to pay a lent life with the 
4 same great love, which the same great good- 
4 ness shall bestow on it. This being the first 
4 letter that ever your majesty received from a * 
4 dead man: I humbly ;>ubmit myself to the 

4 will of God, my supreme lord, and shall wil- 
4 ltngly and patiently suffer whatsoever it shall 
4 please your majesty to afthct inc withal. 

* Walteu Raleigh.' 
Sir Walter Raleigii** Letter to hit Wife. 
4 You shall now receive, my dear wife, my 
last words in these my hist lines. My love 1 
send you, that you may keep it when I am 
dead; and my counsel, that you may re- 
member it wlu n I am no more. I would not 
by my Wdl present you with sorrows, dear 
Besse, let them go into the grave with me, 
and be buried in (he dust. And seeing that 
it is not God's will that I should see you any 
more in this life, bear it patiently, and with a 
heart like thyself. First, 1 send you all the 
thanks whicn my heait can conceive, or my 
words can rehearse, for your many travails, 
and care taken for me; which though they 
have not taken effect as you wished, vet my 
debt to you is not the less; but pay it \ never 
shall in this world. Secondly, I beseech you, 
for the love you bare me living, do not hide 
yourself many days, but by your travels seek 
to help your miserable fortunes, and the right 
of your poor child. Thy mourning cannot 
avail me, I am but dust. Thirdly, you shall 
understand that my laud was conveyed bona 
fide to my child : the Writings were drawn at 
Midsummer was Vi month?, my honest cousin 
Breit can testify so much, and Doiberry too 
can remember somewhat therein. And I 
•rust my blood will quench their malice that 
have nuellv murdered me, and that they will 
not s<-ck .'.I so to kill thee and thine with ex- 
treme poverty. To what fiiend to direct thee 
I know not, for all mine have, left me in the 
true time of trial. And I perceive that my 
de.it i was determined fro.n the first day. 
Most sorry I am, God knows, that being thus 
surprised with death 1 ran Irave you in no 
better estate. God is my witness, I meant 
you all my other of wines, or all th:it I could 
have purchased by selling ir, half inv stuff, 
and all my jewels, but some one for the boy; 
but God hath prevented all toy resolutions, 
that great God that rulcth ail in all : but if 
you can live free from w.tnt, care for no move, 
the rest is but vanity. Love God, and begin 
betimes to repose yourself upon him, and 
therein shall you find true and lasting riches, 
and endless comfort : tor the rest, when you 
have travelled and wearied vour thoughts 
over all sorts of worldly cogitation?, you shall 
but tit down by sorrow in the end. Teach 



4 your son also to love and fear God whilst ho 
4 is yet young, that the fear of God may grow 

* with him; and then God will be a husband 

* to you, and a father to him; a husband and 
4 a father which cannot be taken from you* 
4 Buily oweth me 200/. and Adrian COO/, in 
4 Jersey. I aho have much owing me besides. 
4 The arrearages of the wines will pay your 
4 debts. And howsoever you do, for my soul's 
4 sake, pay all poor men. When I am gone, no 
4 doubt you shall be sought to, for the world 
4 thinks that I was tery rich. But take heed 

* of the pietcnces of men, and their affections, 
4 for they last not but in honest and worthy 
4 men ; and no greater misery can be fa I you in 
4 this life than to become a prey, and after- 
' wards to be despised. I speak not this, God 
4 knows, to dissuade you from marriage, for ic 
4 will be best for you both in respect of the 
4 world and of God. As fur me, 1 am no more 
4 yours, nor you mine, death hath cut ns 
4 asunder ; and God hath divided me from the 
4 world, and you from me. Remember your 
4 poor child tor his father's sake, who chose 
4 you, and loved you in his happiest times. Get 
4 those Letters, if it he possible, which I writ 
4 to the lords, wherein I sued for life : God is 
4 my witness, it was for you and yours that I 
4 desired life; but it is true that [disdained 
4 myself for begging of it : for know it, my dear 
4 wife, that your sou is the son of a true man, 
4 and who, in his own respect, despiseth death, 
4 and all his misshapen and ualy forms. I 
4 cannot write much, God he knows how hardly 
4 I steal this time while others sleep, and it is 
4 also time that I should separate my thoughts 
4 from the world. Reg my dead body, which 
4 living was denied thee ; and either lay it at 
4 Sherburne (and if the land continue) or in 
4 Exeter church by my father and mother. I 
4 can say no more, Time and Death call me 
4 away; the everlasting, powerful, iutinite, and 
4 omnipotent God, (hat Almighty God, who is 
4 goodness itself, the true life and true light, 
4 keep thee and thine, have mercy on me, and 
4 teach me to forgive my persecutors and accu- 
4 sers, and send us to meet in his glorious king- 
4 dom. My dear wife, farewell. Bless my 
4 poor boy. Pray for me, and let my good ( »od 
4 hold you both in his anus. Written with the 
4 dying hand of sometime thy husband, but 
4 now alas overthrown. Walter Rallich." 

His Execution. 
Upon Thursday the 29th of Oct. 16W, >jr 
Walter Raleigh whs conveyed by the Sheriffs of 
London to a scaffold in the Old Palace- Yard 
at Westminster, about 9 in the morning of the 
same day. Whereupon, when he CHine, with a 
chearful countenance he saluted the lords, 
knights, and gentlemen thcie present. After 
which, a Proclamation was made for silence, 
and he addressed himself to speak in this man- 
ner, * I desire to be home withal, for this is 
4 the third day of my lerer ; and if I shall sliew 
4 any weakness, I beseech you to attribute it to 
4 my malady, for this is the hour in which it is 
4 wont to come/ 



' A 



♦1] 



STATE TRIALS, i James I. 10O3.-^br High Treason. 



[\'2 



Then pausing a while, he sat, and directed 
himself towards a window, where the lords of 
Arundel, Northampton, and Doncaster, with 
some other lords and knights, sate, and spake 
a* folio .veth: • I thank God, of his infinite 

* goodness, that he hath brought me to die in 
1 tlie light, and not in darkness ;' (but by reason 
that the place where the lords, &c. sat, was 
vrnie distance from the scaffold, that he per- 
cwred they could not well hear him, he said) 

* I will strain my voice, for I would willingly 
' have your honours hear me.' 

But my lord of Arundel said, Nay, we will 
n*her come down to the scaffold; which he 
and tome others did. Where being come, he 
saluted them severally, and then began again 
to speak as followeth, vit. 

' As I said, I thank God heartily, that he 
' hath brought me into the light to die, and 
( that he hath not suffered me to die in the dark 
4 prison of the TGwer, where I have suffered a 
4 sreat deal of misery and cruel sickness ; and I 
4 thank God that my fever hath not taken me 
1 *t this time, as I prayed to God it might not. 
' — "I here are two main points of Suspicion that 
' hi* majesty, as I hear, hath conceived against 

• me. To rev>lve your lordships wherein his 

< majesty cannot be satisfied, which I desire to 
« clear, and to resolve your lordships of: One 

< i«, Thnt his majesty hath been informed that 

• I have often had Plots with France, and his 
; majesty had good reason to induce him there- 

• unto. One Reason that his majesty had to 
• « 'Mijectnre so was, that when I came back 

• train Guiana, being come to Plymouth, I en- 

• tb-atoured to go in a bark to Rochel, which 

• »»\ for tliat I would have made my peace 
'before I had come to England. Another 

• reason was, That upon my flight, I did intend 
1 |o fly info France, for the saving of myself, 
4 feting had some terror from above. A third 
« rea*m, that his majesty had reason to suspect, 
4 was the French agent's coming to me ; be- 
1 tides, it was reported that I had a Commis- 
4 «■« from the French kins at my going forth : 
•These are the Reasons that his majesty had, 
'us I am informed, to suspect me. — But (his I 
' **r v for a man to call God to witness to a 
 fahhood at the hour of death, is far more 
4 pievou* and impious, and that a man that so 

• (tab cannot have salvation, for he hath no 

I uuie »f repentance ; then what shall I expect, 
' that am going instantly to render up my ac- 
4 '-'itifit f I do therefore call God to witness, as 

I I hope to be saved, and as I hope to see him 
4 -n his kiiiiT'lom, which I hope 1 shall within 

• t^» quartt r of an hour, I never had any Com- 
4 mttvon from the French king, nor never saw 
4 the French king's hand-writing in all my life ; 

• neither knew I that there was a French Agent, 
4 nor what he was, till I met him in my gallery 

I  at my lodging unlooked for : If I speak not 
' trot, O lord ! let me never enter into thy 
1 kingdom. — The second Suspicion was, That 

• bs majesty had been informed, thnt I should 
1 "peak dishonourably and disloyally of my 
1 Kwereign ; but my Accuser was abase French- 



man, and runnagate'fe How, one that hath nor 
dwelling, a kind of a chymical fellow, one that 
I knew to be perfidious; for being by him 
drawn into the action of fearing myself ! at 
Winchester, in which I confess my hand was 
toucht, he being sworn to secrecy over-night," 
revealed it the next morning. — But this I 
speak now, what have I to do with kings ? I 
have nothing to do with them, neither do I 
fear them ; I have only now to do with my 
God, in whose presence 1 stand ; therefore to 
tell a lye, were it to gain the king's favour, 
were vain : Therefore, as I hope to be saved 
at the last Judgment-day, I never spoke dis- 
honourably, riisloyajly, or dishonestly of hit 
majesty in all my life ; and therefore I cannot 
but think it strange that that Frenchman, be- 
ing so base and mean a fellow, should be so 
far credited as he hath been. — I have dealt 
truly, as 1 hope to be saved, and I hope I shall 
be believed; I confess I did attempt to 
escape, 1 cannot excuse it, but it was only to 
save my life. — And I do likewise confess, 
that I did feign myself to be ill-disposed and 
sick at Salisbury ; but I hope it was no sin, for 
the prophet David did make himself a fool, and 
suifered spittle to full down upon his beard, to 
escape from the hands of his enemies, and it 
was not imputed unto him : So, what I did, I 
intended no ill, but to gain and prolong time 
till his majesty came, hoping for some com- 
miseration from Rim. — Rut I forgive this ' 
Frenchman and sir Lewis Steuklev, with all ' 
mv heart, for I have received the Sacrament 
this morning of Mr. Dean of Westminster, 
and I have forgiven all men ; but that they 
are perfidious, I am bound in charity to speak, 
that all men may take heed of them. — Sir 
Lewis Steuklev, my keeper and kinsman, 
hath affirmed that I should tell him, that my 
lord Carew, and my lord of Doncaster here, 
did advise me to escape; but I protest before 
God, I never told him any such thing, neither 
did the lords advise me to any such matter, 
neither is it likely that I should tell him any 
such thing of two privy counsellors; neither 
lind I any reason to tell him or he to report 
it ; for it is well known he left me 6, 7, 8, 9, 
and 10 days together alone, to go whither I 
listed, whilst he rode himself about the coun- 
try. — He further accused inc, that I should 
shew him a Letter, whereby I did signify unto 
him that I would give him 10,000/. for my 
Escape ; hut God cast my soul into everlast- 
ing fire, if I made any such prolfer of 10,000/. 
or 1000/. but indeed I shewed him a Letter, 
that if he would go with me, there should be 
order taken for his- Debts when he was gone; 
neither had I iO-,000/. to give him ; for if 1 had 
had so much I could have made my peace bet* 
ter with it other way, than in giving it to Steuk- 
lev. — Further, When I came to sir Edw. Pel- 
ham's house, who had been a follower of 
mine, and who gave me good entertainment ; 
he gave out that 1 had there received some 
dram of poison, when I answered him that I 
feared no such thing, for 1 was well assured 



43] 



STATE TRIALS, 1 James I. 1603.— Trial <f Sir Walter Raleigh, 



[44 



' of them in the house, and therefore wisht him 
' to have no such thought. Now God forgive 
' him, for I do, and 1 desire God to forgive 
' him : I will not only say, God is a God of 

* Revenge ; but I desire God, to forgive him, 
4 as I do desire to be forgiven of God.' 

Then looking over his note of remembrance, 

* Well, said he, thus far I have gone; a little 

* more, a little more, and I will nave done by 

* and by. — It was told the king that I was brought 

* per force into England, and that I did not m- 
,' tend to come again ; but sir C. Parker, Mr. 

' Tresham, Mr. Leake, and divers know how 
' I was dealt withal by the common soldiers, 
4 which were 150 iu number, who mutinied, 
' and sent for me to come into the ship to 
< them, for unto me they would not come, and 
4 there I was forced to take an Oath that I 
' would not go into England till ttiat they would 
4 have me ; otherwise they would have cast me 
' into the sea, and therewithal they drove me 
' into my cabbin, and bent all their forces 
' against me. — Now after I have taken this 

* Oath, with wine and other things such as I 
4 had about me, I drew some of the chiefest to 
4 desist from their purposes ; and at length I 

* persuaded them to go into Ireland, which 
4 they were willing unto, and would have gone 
' into the North parts of Ireland, which I dis- 
4 suaded them from, and told them that they 

* were Red-Shankes that inhabited there : and 
« with much ado I persuaded them to go into 

* the south parts of Ireland, promising them 
4 to get their pardons, and was forced to give 
' them 125/. at Kinsalc, to bring them home, 
4 otherwise I had never got from them. — I hear 

* likewise there was a report that I meant not 
4 to go to Guiana at nil, and that I knew not 

* of any Mine, nor intended any such thing or 
' matter, but only to get my liberty, which I 
' had not the wit to keep. Rut 1 protest it 
' was my full intent, and for Gold ; lor Gold, 
4 for the benefit of his majesty and myself, and 
' of those that ventured and went with mc, 
' with the rest of my countrymen : but he I hat 
4 knew the head of the Mine would not disco- 
4 rer it, when he saw my son was slain, but 
1 made away himself." And then turning to 
the earl of Arundel, be said, ' My Lord, being 
' in the gallery of my ship, at my departure, I 
' remember your honour took me by die hand, 

* and said, You would request one thing of me, 

* which was. That whether I made a good 

* voyage or a bad, I should not fail, but to 
4 rtturu again into England ; which I then pro- 

* miscd you, and gave you my faith I would; 
- and so I have.' 

To which my Lord answered, and said, Tt is 
true I do very well remember it, they were the 
very last word) I spnkc unto you. 

* Another slander was raised of me, That I 
' would hare gone away from them, and left 
4 them at Guiana. But there were a great 

* many worthy men that accompanied me nl- 
4 ways ; as my sen. major, George Raleigh, and 

* divers others, which knew my intent was no- 

* thing to.— 'Another opinion was held of mc, 






( that I -carried with mc to sea 16,000 pieces, 
' and that was alt the Voyage I intended, only 
' to get money into my bunds. As I shall an- 
' swer it before God, 1 hud not in all the world 
1 in my bands, or others to my use, either di- 
( rectly or indirectly, above a 100/., whereof 
4 wheo I went I gave my wife 'lol. thereof; 
' but the error thereof came, as I perceived, by 
' looking over .the Scrivener's Books, where 
1 they found the Bills of Adventure arising to a 
' great sum, and so raised that false report. — On- 
' ly I will borrow a little time of Mr. Sheriffs to 
' speak of one thing, that doth make my heart 
' to bleed to hear that such an imputation 
' should \ye laid upon me; for it is said, that I 
4 should be a persecutor of the death of the 
' earl of E«sex, and that I stood in a window 
' over-against him when he suffered, and puffed 
' out tobacco in disdain of him. God I take to 
1 witness, I shed tears for him when he died ; 
4 and as I hope to look God in the face hereaf- 
' ter, my lord of Es«ex did not see my face when 
' he suffered, for I was afar off in the Armory, 
' where I saw him, but he saw not me. — I 
( confess indeed 1 was of a contrary faction, 
1 but, I know my lord of Essex waa a noble 
' gentleman, and that it would be worse with 
' me when he was gone ; for I cot the hate 
' of those which wished me well before, and 
1 those that set me against him, afterwards 
1 set themselves against me, and were my great- 
' est enemies, and my soul hath many times been 
' grieved that I was not nearer him when he died ; 
1 because, as I understood afterwards, that lie 
' asked for me at his death, to have been recon- 
' ciled unto me. — And these be the material 
' points I thought good to speak of, and I am 
' now at this instant to render up an account to 
' God ; nnd I protest, as I shall appear before 
* him, this that I have spoken is true, and I hope 
' I shall be believed.' 

'Then a Proclamation being made, that all 
men should depart the scaffold, he prejmred 
himself for death ; giving away his hat, his cap, 
with some money, to such as he knew, that 
stood near him. And then taking his leave of 
the lords, knights, gentlemen, and others of his 
acquaintance, and amongst the rest, taking his 
leave of my lord of Arundel, he thanked him for 
his company, and intreated him to desire the 
king that no scandalous Writing to defame hi in 
might be published after his death ; sayiug fur- 
ther unto him, I have a long journey to go, and 
therefore I will take my leave. — And then put- 
ting off his doublet and gown, desired the heads- 
man to shew him the ax ; which not being sud- 
denly granted unto him, he said, I prithe«,let 
me see it, dost thou think that I am afraid of 
it ? So it l>eing given unto him, he felt along 
upon the edge of it, and smiling, spake unto 
Air. Sheriff, saying, * This is a sharp medicine, 
but. it is a physician that will cure till diseases. 9 

Then going to nnd fro upon the scaffold on 
every side, he intreated the company to pray to* 
God to give him strength. 

Then having ended his Speech, the execu- 
tioner kneeled down end asked him forgiveness; 



«1 



STATE TRIALS, 1 James I. 1 60S.— /or High Treason* 



l-M 



the which laying his hand upon his shoulder he 
forgave him. Then being asked which way lie 
would lay himself on the block, lie made nuswer 
and said, So the lieort be straight, it is no mut- 
ter which way the head lieth: So laying his 
head on die block, his face being towards the 
east, tlie headsman throwing down his own 
cloak, because he would not spoil the prisoner's 
gowo, he giving the headsman a sign when he 
should strike, by lifting up his hands, the Exe- 
cutioner struck off his head at two blows, his 
body never shrinking nor moving. U is head 
was shewed on each side of the scaffold, and 
then put into a red leather bag, and his wrought 
velvet gown thrown over it, which was after- 
wards conveyed away in a mourning coach of 
his lady's.— He was 66 years old. 

u This Conspiracy of sir Walter Raleigh's," 
writes Bishop Kennett in a note to Wilson's 
Life of James the first, " is variously represent- 
ed by the Historians and Writers of that time, 
but acknowledged by all of them to have been 
a Riddle of State. I liave seen most of the Ac- 
counts that have been published on this sub- 
ject ; and from them and from some sheets of 
Cecil earl of Salisbury, and a Manuscript of one 
Buck, who it seems was secretary to Chancellor 
Egerton, I take the case to have been this : — 
The earl of Salisbury and sir Wulter Raleigh had 
been open and declared enemies of the unhappy 
earl of Essex, and the chief promoters of his ruin : 
Though king James could easily digest the death 
of queen Mary Stuart his mother, it is noto- 
riously known he nerer heartily forgave any of 
Essex's enemies; which both Cecil and Raleigh 
were aware of, but took contrary measures to 
avoid his resentment. Raleigh trusting in the 
justice of his procedure in that affair, made no 
steps towards the making his peace with her 
successor, contenting himself with the favour of 
that mistress who raised hiiu, which he enjoyed 
to her death. On the contrary, Cecil, by ilie 
mediation of Hume, that was afterwards earl of 
Dunbar, had been long before entirely recon- 
ciled to king James, had done him important 
services, and kept a correspondence with him, 
while queen Elizabeth was alive. — When king 
Janes came into England, Cecil was not only 



continued in his places, but, contrary to all 
men's expectations, was indeed made the first 
minister of state, and Raleigh neglected. The 
latter knowing the former to be at least equally 
concerned with him in the fall of Essex, his 
great mind could not bear the distinction made 
between them by their new master ; and the 
rather, that Cecil acted the courtier, in frown- 
ing upon his old friend and acquaintance, and 
giving him fresh mortifications upon every occa- 
sion. In Buck's Manuscript there is mentioned 
a Memorial of Raleigh's to king James, where- 
in hte reflects heavily upon Cecil in the matter 
of Essex, and vindicating himself, throws the 
whole blame upon the other. At the end of 
that Memorial, he lays open the conduct of 
Cecil and his father the lord Burleigh, in the 
matter of queen Mary Stuart, and, with a sin- 
gular bitterness of style, not only vindicates the 
memory of queen Elizabeth, but lays the death 
of that unfortunate queen chiefly at the door of 
Cecil and his father ; for which he appeals to 
Davison, then in prison, the man that had dis- 
patched the Warrant for her Execution, con- 
trary to queen Elizabeth's express command. 
All this had no influence on king James, and 
irritated Cecil the more against Raleigh; which 
helped to sour a temper that of itself was impa- 
tient of injuries, and for all his other excellent 
qualities, was not fitted for this reverse of for- 
tune. — This^brought him into the acquaintance 
and familiarity of other men, as discontented 
as himself, though of different religions and in- 
terests; and occasioned probably more dis- 
courses than one, of having recourse to foreign 
powers- to mend their present fortunes. It is 
also not unlikely, that the lady Arabella's name' 
might, upon these occasions, be mentioned by 
sir Walter Raleigh, as one that had a near title 
to the crown : but that he ever entered into 
any form or design of altering the established 
religion, (as was said at his Trial) no body then 
nor since did ever believe." 

The eminent merits, high reputation, and un- 
common fate of sir Walter Raleigh, together 
with the obscurity of the transactions con- 
cerning lum, will justify the insertion of the 
following Articles which tlirow light on his in- 
teresting story : 



Two Letters of Sir Dudley Carleton (afterwards Viscount Dorchester) concerning 
Sir Walter Raleigh's Plot ; inclosed in the following Letter from Mr. Dudley 
Carleton to Philip Lord Wharton. 

[Extracted from the Hardwicke State Papers, vol. 1. p. 377.] 



MY noble lord ; The two letters inclosed are 
those, of which, when I told your lordship, you 
shewed yourself very desirous to hare sight and 
therefore I have sent them to you. That Dud- 
ley Carleton, whose name you will find sub- 
scribed to them, was my uncle, who died secre- 
tary to bis late majesty, who had likewise ho- 
noured him with the title of viscount Dorches- 
ter; and I suppose too knew him. He was, ai 
tbttnaehe wrote them, secretary to my lord 



of Northumberland's father, and both an ear 
and eye witness of most that passed in the Ar- 
raignment and Execution at Winchester, in 
anno 1603. I wish they may serve your Lord- 
ship to such use as you desire ; and if I could 
give you any farther light, I should be most 
ready to serve you, as being your Lordship's, 
&c. Dudley Carleton 

•* London, • 
Feb. 14th, 1651. 



47] 



St ATE TRIALS, 1 James I. 1003.— Trial qf Sir Walter Raleigh, 



[4» 



Sir Dudley Carleton, to Mr. John Chamber- 
lain. 

Sir; I was taking care .how to send unto 
you, and little looked for so e;ood a mems as 
your man, who came to me this morning ; and 
though he would in all haste he gone, I have 
stayed him this night, to have time to discourse 
unto you these tragical Proceedings. I was 
not present at the first or second Arraignment, 
wherein Brooke, Mark ham, Brookes by, Copley, 
and the two Priests were condemoed, tor prac- 
tising the surprize of the king's Person,* the 
taking of the Tower, the deposing of Counsel- 
lors, and proclaiming Liberty of Religion. 
They were ail condemned upon their own Con- 
fessions, which were set down under their own 
bands, as Declarations ; and compiled with 
such labour and care, to make the matter they 
undertook seem very feasible, as if they had 
feared they should not say enough to hang 
themselves. Pirra was acquitted, being only 
drawn in by the priests as an assistant, without 
knowing the purpose ; yet had be gone the 
same way as the rest (as it is thought), save 
for a word the lord Cecil cast in the way as his 
cause was in handling, That the king's glory 
consisted as much in freeing the innocent, as 
condemning the guilty. 

The Commissioners for this Trial were, the 
Lord Chamberlain, lord of Devon, lord Henry 
Howard, lord Cecil, lord Wottou, the Vice 
Chamberlain, the two Chief Justices, J us r ice 
Gawdy, and Warburton. Of the King's Coun- 
cil, none were employed in that, or the arraign- 
ment, but the Attorney (Coke,) Ileale, and 
Philips; and in effect, none but the Attorney. 
Sir Walter Raleigh served for a whole act, and 
played all the parts himself. His cause was 
disjoined from the Priests, as being a practice 
ouly between himself and the lord Cobhani,* to 
have brought in the Spaniard, to have raised 
Rebellion iu the realm, by fastening money 
Upon discontents, to have set up the lady Ara- 
bella, and to have tied her to certain condi- 
tions ; as to have a perpetual peace with 
Spain ; not to ha\e bestowed herself in mar- 
riage but at the direction of the Spaniard ; nnd 
to have granted Liberty of Religion. The Evi- 
dence against him, was only Cobham*s Confes- 
sion, which was judged sufficient to condemn 
him ; ami a Letter ,was produced, written by 
Cobhani the day before, by which he accused 
Ralegh as the first pracri^er of the Treason l»e- 
twixt them : which served to turn ngaiusi him; 
though he shewed, to countervail this, a Letter 
written by Cobhani, and delivered to him in 
the Tower, by which he was clearly acquitted. 
After Sentence given, his request was, to have 
his Answers related to the king, and pardon 
begged; of which, if there were no hope, then 
that Cobham might die first. He answered 
with that temper, wir, learning, courage and 
judgment, thut save that it went with the hazard 

* It does not appear whut proceedings had 
be%U had against Cobham. 



of his life, it was the happiest day that ever he 
spent. And so well he shifted all advantages 
that were taken against him, that were not 
fama malum graviui qu&rn res, and an ill name 
naif hanged, in the opinion of all men, he had 
been acquitted. — The two' first that brought the 
news to the king, were Roger Ash ton and a 
Scotchman; whereof one affirmed, That never 
any man spoke so well in times past, nor would 
do in the world to come ; and the other said, 
That whereas wheu he saw liiin first, he was so 
led with the common hatred, that he would have 
gone a hundred miles to have seen him lianged, 
he would, ere he parted, have gone a thousand 
to have saved his life. In one word, never was 
man so hated, and so popular, iu so short a 
time. It was thought the lords should have 
been arraigned on Tuesday lust, but they were 
put off till Friday and Saturday ; and had their 
trials apart before the Lord Chancellor (Elles- 
mere, as Lord Steward for both those days), 
- eleven earls, nineteen barons. The duke*, the 
earl of Marr, and many Scotish lords, stood as 
spectators ; and of our ladies, the greatest part, 
as the lady Nottingham, the lady Suffolk, and 
the lady Arabella, who heard herself much 
spoken of these days. But, the arraignment 
before, she was more particularly remembered, 
as by sir Waiter Raleigh, for a woman, with 
whom he had no acquaintance, and one, whom, 
of all that he ever saw, he never liked ; and by 
Serj. Hale, as one that had no more right to the 
crown than himself ; and for any claim that he 
had to it, he utterly disavowed it. Cobha.n led 
the way on Friday, and made such a fasting 
day's piece of work of it, that he discredited 
the place to which he was called ; nrver was- 
seen so poor and abject a spirit. He heard his 
indictment with much fear aud trembling, and 
would sometimes interrupt it, by forswearing 
what he thought to be wroi g)y inserted ; so as, 
by his fashion, it was known ere he spake, what 
he would confess or den v. Iu his first answer, 
he snid, he had changed his mind since he came 
to the bar ; for whereas he came with an inten- 
tion to have made his confession, without deny- 
ing any thing, now seeing many things inserted 
in this indiciinent with which he could not be 
i charged, being not able in one word to make 
! distinction of many parts, he must plead to all 
! not guilty. For any thing that belonged to the 
 lady Arabella, hedeuied the whole accusation; 

• only said, she had sought his ii ieudship, and 

• his brother Brooke had sought Iter's. For the 
! other purposes, he said, he had hammered in his 
! brains some such imaginations : but never had 

purpose to bring them to effect. Upon Ra- 
leigh, he exclaimed as one who had stirred him 
\ up to discontent, and thereby overthrown his 
; fortunes. Against liim he said, that he had 
| once pro|KHinded to him a means for the Spa- 
j niard to invade England, which was, to bring 
I down an army to the Groyne, under pretence 
! to send them into the Low Countries, and land 
' them at Milford Haven : that lie had made 

* Of Lenox, then (lie only one of that degree* 



40] 



STATE TRIALS, 1 James I. 1603.— /or High Treason. 



[50 



himself a pensioner to Spain tor 1500 crowns I seemed) have dispensed with their consciences 

1ft • • i I * m ^ • • la*/* * 1 



by the year, to give intelligence ; anc , for an 
earnest of his diligence, had already related 
to the Count D'Axemberg, the particularities 
of what passed in the states audiences at Green- 
wich. His brother's confession was read 
against him, wherein be accused him of a con- 
tract made with Aremberg for 500,000 crowns 
to bestow amongst discontents, whereof Raleigh 
wa* to have had 10,000, Grey as much, and 
Brooke 1000 ; the re»t, ns they should tind fit 
■en to bestow it on. He excepted against his 
brother as an incompetent accuser, baptizing 
Lua with the name of a viper; and laid to his 
charge (though far from the purpose) the getting 
vi his wife's sister with child ; in which it is 
thought he did young Coppinger some wrong. 

A letter was produced which he wrote to 
Aremberg's for so much money: and Arem- 
berg** answer, consenting for the furnishing of 
that sum. He then flew to his former retreat, 
that in this likewise he had no ill meaning, and 
cicused Aremberg as one that meant only 
thereby to further the peace. When particu- 
larities were farther urged, that, in his intended 
travel, he meant to have gone into the Low 
Countries to the archduke; from thence into 
Savoy : so into Spain ; then have returned by 
Jersey ; and there to have met lialeigh, and to 
have brought some money from the well-spring 
»hcre it was to be hud, ho confessed imagina- 
tions, but no purposes , and still hud the fault 
oprn hi? own weaknesses, in that lie suffered 
kuiMrlf to be misled by lialeigh. Being asked 
of his two letters to different purposes, the one 
excusing, the other condemning; Kaleigh ; he 
feud, i lie last was true, but the other was drawn 
fruui him by device in the Tower, by young 
ILrvty the lieutenant's sou, whom Raleigh 
had corrupted, and carried intelligence betwixt 
tkem (fur which he is there committed, and is 
likely to be arraigned at the Kiug's-bcnch). 
hating thus accused all his fiicmJs, and so 
little excused himself, the peers were not long 
ia deliberation what tojud^e; and after sen- 
tence of condemnation given, he begged a 
freat while for life and favour, alleging his con- 
fession a* a meritorious act. Grey, quite in 
another key, began with great assurances and 
aJauity: spake a long and eloqm nt speech, 
first to the lords, and then to tl»e judges, and 
h»ti) to the king's council ; and told them well 
of their charges, and spake effectually for him- 
self. He he Id tlium the whole day, from ei^ht 
ia the morning till eight at night, in subtle tru- 
iei>es an i scapes ; but the evidence was too 
perspicuous, both by BruokeV and ~\!uikham's 
r-'jhteskioii*, that h- w;.s acquainted with the 
lurprtte;* Vet the lord** were lonjj ere they 
CHiidali agree, ami loth to ci.iue out with bo 
hirdceueurc aeniji*t him. For though he had 



to have shewed him favour. At the pronounc- 
ing of the opinion of the lords, and the de- 
mand whether he had any thing to .sny why 
sentence of death should u-.»t he given against 
him, these only were his words, " 1 have no- 
ting to say;' there he paused long; '.' and yet 
a word of Tacitus comes in my mind, fifon 
eadem omnibus decora : the house of the Wil- 
tons had spent many lives in their prince's ser- 
vice, and Grey cannot beg his. God send the 
king a long and prosperous reign, and to your 
lord si up* all honour." 

After sentence given, he only desired to have 
one Travers,* a divine, sent for to come to 
him, if he might live two days. If he were to 
die before that, then he might have one Field, 
whom he thought to be near. There was 
great compassion had of this gallant young 
lord ; for so clear and fiery a spirit had not 
been seen by any that had been present at like 
trials. Yet the Lord Steward condemned his 
manner much, terming it Lucifer's pride, and 

fireached much humiliation ; and the judges 
iked him as little, because he disputed with 
them against their laws. We cannot yet judge 
what will become of him or the rest ; for all 
are not like to go one way. Cobham is of the 
surest side, for he is thought least dangerous, 
and the lord Cecil undertakes to be his friend. 
They say the priests shall lead the dnnce to-' 
morrow; and iirooke next after : for he proves 
to be the knot that tied together the three con- 
spiracies ; the rest hang indifferent betwixt 
mercy and ju>ticc, wherein the king hath now 
subject to practise himself. The lords are most 
of them returned to the court. The Lord 
Chancellor und Treasurer remain here tdl 
Tuesday, to bhnt up the term. My lord goetli 
from her.ee to I'rt worth ; but I pick quarrel to 
stay behind, to «»ee an end of these matter*. 
I do call to n.ind a pretty secret, that the 
lady of P< -iiibioke hath written to her son Philip, 
and charged him, of nil her blessings, to em- 
ploy his own credit, his friends, and all he can 
(\o f for Its high's pardon : and though she does 
little good, u-t she :.- to be commended for do- 
ing her hot, in shewing ve teria ve$t't»ia tlan,m<r. 
And thus being como round where 1 began, it 
is time to ljave- you, de.-iring you to excuse me 
to my ciuhu sir Him land Litton, for not writ- 
ing ; ami m» yuu we'd may, for \ou have enough 
for yourself and all my kindred and friends, to 
make you alt weary. Sir \V:-l»er Cope \*> in 
tliii town, and sir Hugh Bv>ti*-n likewise, 
who often asks for voii as Your friend, and 
then lore v.^u arc the more to lament that he 
is niitime!\ come to a night-cup. Many marvel 
at his sudden hr-.».»kiiii:, but most ascribe it to 



sithiH' r!:t W* took a 1 a word which sir Walter 
Ituleijili spoke ;.t hi> examinations : who asked 



lonu heavy enenu<>, as his old antagonist, wl.o i if sir Uui-h IitM-.n w.isii'rt apprehended and 

tortured, h- coi.-c In* was always of his chiefesC 
council. 1 -hall ne\er end, unless I abruptly 
hi. I vim fs-rewi-l. From \\ mcluMer, the 27th 

<l A Puritan, the antagonist of Hooker, 



was uiuie bi-tuiv his face, hut spake within j 
terv nnnobly against him ; yet mo>l of them 
itrote with themselves,' and would fain (us it 



P Of the court. 



ma. m 



51] 



STATE TRIALS, 1 James I. 1 COS.— IVial of Sir Walter Raleigh, 



[53 



of November, 1GU3. Your's, &c. Dldlly 
La.rlf.tok.* 

The Same to the Same. 

Sir : I know not when or bow to send to von ; 
yet here happening an accident worth your 
knowledge, 1 cannot but put it in record whilst 
tlie memory of it is fres.h ; and tor the rest, 
*tu:»d to the venture, ihit because 1 have 
taken a time of good leisure. and it is likely 
this letter will take his leisure, ere it come at 



tory denial. The bishop of Chichester had 
soon done what, he came tor, finding in Cobham 
a willingness to die, and readiness to die well; 
with purpose at his death to affirm as much as 
he had said against Raleigh; but the other 
bishop had more to do with his charge; for 
though, for his conscience, he found him well 
settled, and resolved to die a Christian and a 
good Protectant, for the point or' confession, he 
found hitn so strait-laced, that he would yield 
to no p:ut of Cobhnm's accusation; only, the 



I 



,'ou; I may as well leap in where I left, when ] pension, he said, was once mentioned, but 



wrote to you by your man, and proceed in an 
order by mrration- ; since this was a part of 
the same play, and that other nets came be- 
twixt, to make up a tragical comedy. 

The two priests that led the way to the exe- 
cution, were very bloodily handled ; for they 
were both cut down alive; and Clarke, to 
whom more'favour was intended, had the worse 
Luck ; for he both strove to help himself, and 
spake after he was cut down. They died 
boldly both ; and Watson (as he would have it 
seem) willing : wishing he had more lives to 
spend, and on** to lose, for every man he had 
bv his treachery drawn into tliis treason. Clarke 
stood sojntv.ti.it upon his justification, and 
thought he had hard measure: but imputed it 
to his function, and therefore thought Jus death 
meritorious, as a kind of martyrdom. Their 
quarters were set on Winchester gates, and 
their heads on the first Tower of the castle. 
Brooke was beheaded in the castle-yard, on 
Monday last; and to double his grief, hid Sr. 
Croft es in hi* sight, from the Lcau'ohl, which 
drove him first to discontent*. There was no 
greater assembly than I h«i\e seen at ordinary 
executions; nor no man of miality more than 
the lord of Arundel and young Somerset; only 
the biihop of Chichester who was sent from the 
court two days before, to prepare him to his 
end, could not get loo.-^e from him; but, by 
Brooke's earnest entreaty was- fain to accom- 
pany him to the scaffold, and serve for his 
ghostly father, lie died coi^tantly (and, to 
terming, religiously) ; spake not much ; hut 
v liar he said was well and assured. He did 
somewhat extenuate his oitences, both in the 
treasons, and the course of his life; naming 
rhese rather errors than capital crimes ; and his 
former faults, sins; but not so heinous as thev 
were traduced ; which he referred to the God 
of truth and time to discover ; and so left it, as 
it* somewhat lay yet hid, which would one day 
appear for his justification. The bishop went 
from him to the lord Cobham : and at the same 
lime, the bishop of Winchester was with lta- 
lcigh: both by express order from the kinc ; us 
well to pn-paie them for their ends, as likewise 
to bring them to liberal confc^iosn, and by 
that means reconcile the roiitiadictimis of the 
one's open nrciivuliiiu, and the other's peremp- 

* This Letter contains otiier matter, which 
i* not here inserted a> having no relation to 
Raleigh or his associates. 

t Missing, I suppose, the mastership. 



never proceeded in. Grey in the mean time, 
with his minister Field, having had the like 
summons for death, spent his time in great de* 
votions; hut with that careless regard of that 
with winch he was threatened, that he was ob- 
served neither to eat or sleep the worse, or 
be any ways distracted from his accustomed 
fashions. Markh.un was told he should like* 
wise die: but by secret message from soma 
friends at court, had still such hope given him, 
that he would not believe the worst news till 
the last day ; and though he could be content 
to talk with the pieacher which was assigned 
him, it was rather to pass time, than for any 
good purpose; for he was catholicly disposed; 
to think of death no way disposed. Whilst 
these men were so occupied ut Winchester, 
there was no small doings about them at court, 
for life or death; some pushing at the wheel 
one way, some another. The lords of the 
council joined in opinion and advice to die 
king, now in the beginning of his reign to shew 
as well examples ot mercy as seventy, and to 
i»a : n the tit : e of Clemens, us well as Justus; 
hut some other.*, h-d by their private spleen and 
pa&sinns, drew :m hard the other way; and 
Patrick Galloway, in his sermon on Tuesday, 
preached so hotly against remissness and mode- 
ration of justice, in the head of justice, us if it 
were one of the seven deadly sins. The king 
field hiimcif upriuht betwixt two waters: and 
first let the lords know, that since the law had 
passed upon the prisoners, and that they ihcm- 
sehes had been their judges it became not 
them to be petitioner* lnr ih.it, but rather to 
press for execution of their own ordinances; 
and to others, gave as pood reasons, to let them 
know that he would go no whit the faster for 
their driving; hut would be led as his own 
judgment and utl'eclious would mo\e him ; but 
seemed rather to lean to this side than the 
other, bv the care he took to have the law take 
h'b coi.r.-e, and tl.e execution lifted. 

Warrants v. ere signed, and sent to sir Benja- 
min T.chLornv, on Wednesday last at night, tor 
Ah.iklam, Grey, and Cohham, who in thin 
ord« r were to take their turns, as yesterday, 
heiiii: l'ridav, aboi:t ten ofthe chick. A fouler 
day could ba«dl\ have bven picked out, or 
lifter ii«r such a tr::'::--dy. .Mark ham being 
bio'.i'jhl to the Muii'oM, was much dismayed, 
imd t'uiiipLiii.i d much of his hard hap, to be 
deluded with hope*, and brought to that place 
mi prepare it. One mivht see in his face the 
very picture of sorrow : but he seemed not tQ 
1 



11] STATE TRIALS, 1 James I. lOol.— for High Tnason. [54 

want resolution ; tor a napkin being offered | He was stayed by the sheriff, and told, that 
by a friend that stood by, to cover his face, he , there resteth yet s>omew hat else to be done ; 
threw it away, saying, he could look upon death i fur. that he was to be confronted with some 
with >ut blushing. He took leave of some other of the prisoners, but named none. So as 
fhends Ur.it stood near, and betook himself to ' Grey and Mark ham being; brought buck to the 
he devotions, after his manner; and those 'scaffold, as they then were, but no tiling ac- 
eaded, prepared himself to the block. The quainted with what had pussed, no more than 
sheriff, iu die mean time, was secretly with* ' the lookers-on with what should follow, looked 
drawn, by one John Gib, a Scotch groom of strange one upon the other like men beheaded, 
the bedchamber ; whereupon the execution and met. again in the other world. Now all 
«u stayed, and Markham left upon the scaffold ; the actors beintr together on the stage (as use 
t) entertain his own thoughts, wi.-ich, no doubt, j is at the end of a play,) the sheriff made a short 
were as melancholy as his countenance, sad speech unto them, by way of the interrogatory 
and heavy. The sheriff, at his return, told of the heinousuess of their offences, the justness 
him, that since he was so ill prepared, he should of their trials, their lawful condemnation, and 
jet have two hours respite, so led him from the ! due execution there to be performed ; to all 
scaffold, without giving him any more comfort, \ which they absented ; then, saith the sheriff, 
and locked him into the great ha'l, to walk see the mercy of your prince, who, of himself, 
with prince Arthur. The lord Grey, wtuse | hath sent luthor to countermand, and given yoa 
turn was next, was led to the scaffold by a ' your lives. There was then no need to beg a 
troop of the young courtiers, and was sup- ! plaudite of the audience, for it was given with 
ported on both sides by two of his he-t friends ; such hues and cries, that it went from the castle 
and coining in this equipage, had such gaiety into the town, and there begun afresh, as if 
and cheer in his countenance, thnt he seemed there had been some uich like accident, 
t dapper young bridegroom. At his first com- And this experience was made of the differ- 
ing on the scaffold, he fell on his knees, and his ; ence of examples of justice and mercy ; that 
preacher made a long prayer to the present in this last, no man could cry loud enough, 
porpoae, which he seconded himself with one - * God save the Kirg ;' ami at the holding up 
of his own making, which, for the phrase, was ; of Brookes's head, when the executioner began 
somewhat affected, and suited to his other ' the same cry, he was not seconded by the 
speeches; but, for the fashion, expressed the ; voice of any one man, but the sheriff. You 



fervency and zeal of a religious spirit. In his 
confession, he said, though God knew this fault 
'•f his was fur from the greatest, yet he knew, 



must think, if the spectators were so glad, the 
actors were not sorry ; for even those that 
went best resolved to death, were glad of life. 



and could but acknowledge his heart to be Cobham vowed openly, if ever he proved traitor 
fealty ; for which he asked pardon of the king; again, never so much as to beg his life ; and 
tnd thereupon entered into a long prayer lor | Grey, that since he hud Ins life, without beg- 
ti* king's good estate, which held us in the rain ging, he would deserve it. Markham returned 
more than half an hour : but being come to a i with a merrier countenance than he came to 
full point, the sheriff stayed him, and said, he \ the scaffold. Kaleigh, you must think (who 
lad received orders from the king, to change : had a window opened that way), had hammers 
the order of the execution, and that the lord working in his head, to beat out the meaning 
Cobham was to go before him ; wheieupon he of this stratagem. His turn was to come on 
w» likewise led to prince Arthur's hall, and ; Monday next; but the king has pardoned him 
hi* going away seemed more strange unto him, | with tue rest, and confined him with the two 
tbui his coming thither ; for he had no more ! lords to the Tower of London, there to remain 
hope given him, than of an hour's respite ; i during pleasure. Markham, Brooks by and 
tether could any iirm yet dive into the mystery , Copley, are to be banished the realm. This 
ofthik strange proceeding. I resolution was taken by the king without man's 

Tbelord Cobham, who was now to play his I help, and no man can rob him of the praise of 
part, and by his former actions promised no- yesterday's action; for the lords knew no other, 
thing but maticre pour rirc, did much co/en but that execution was to go forward, till the 
tiie world ; tor became to the scaffold with : \ery hour it should be pe: formed; and then t 
■:-xH assurance, and contempt of death. He calling ihem before him, he told them, how 
«aid <omc short prayers after his minister, and much lie h.id been troubled to resolve in thin 
so outpravetl the company that helped t » pray business; for to • xet'u'e Givy, who was a no- 
»:tl» lam, that a stander-bv said, * He hid a ble voting, soiiited fellow, and -n\e Cobham* 
good mouth in a cry, but was nothing single.' who was ;>s b:^eand unworthy, were a m.r.iner 
Vwnr few word* he used, to ex pit**"* Ins soirow of mju>ti:e. To ».i\v (J rev, who wis of a proud 
Mrhrt orient** to the king, and craved pardon insoknt nature, and execute Cobham, who had 
«!* h.iu and the world : for s>ir Walter Raleijh, shewed great tokens of humility aid repent* 
he t jok it, upon the hope of his Mini's reMir- ance, wv-re as gre.it a solecism ; and so went on 
rertion. that what he had said of him was true; with Plutarch's comparisons in the rest, till 
aad wit'i those words would hate t «ken a short travelling in contrarieties, but holding the con- 
Urewel of the world, with that constancy and elusion in s > different balance, that the lords 
bejdnefs, that we might see by him, it is an , knew not what to look tor till the end came 

matter to die well than live well. i out. and therefore I have saved them all. The 

 



.53] STATE TRIALS, 1 James I. 1603 — Trial of Sir Walter Raleigh, [50 



miracle was as *reat there, as with us at Win- 
chester, and it took like effect; for the applause 
that be«_;:ui about the kiug. went from thence 
into the presence, mid so round about the 
court. 

I send you a copy of the king's letter, which 
was privately written the Wednesday night, 
and the messenger dispatched the Thursday 
about noon. But one thing bad Like to have 
marred the play ; for the letter was closed, and 
delivered him unsigned ; which the king remem- 
bered himself, and called for him back again. 



And at Winchester, there was another cross 
adventure ; for John Gib could not get so near 
the scaffold, that he could speak to the sheriff, 
but was thrust out amongst the boys, and was 
fain to call out to sir James Hayes, or else 
Markham in in lit have lost his neck. There 
were other by-passages, if I could readily call 
them to mind ; but here is enough already for 
tin petit mot de lettre, and therefore I bid you 
heartily farewcl. From Salisbury this 11th of 
Dec. 1603. Your's, &c. 

Dudley Carlteon. 



Account of the Guiana Expedition ; with a Character of Sir Walter Raleigh. 
[Extracted from Howell's Familiar Letters, pp. 21, 3 b* 3.] 



To Sir James Croft *, kt. at St. Osith. 



« 



The news that keeps greatest noise here 
now, is the return of sir Walter Raleigh from 
his Mine of Gold in Guiana, the South parts of 
America, which <it first was like to be such a 
hopeful boon Voyage, but it seems that that 
golden mine is pro ted a mere Chimera, an ima- 
ginary airy mine; and indeed his majesty had 
never any other conceit of it: But what will 
not one in captivity (as sir Walter was) pro- 
mise, to regain his freedom ? who would not 
promise ; not only mines, but mountains of 
gold, for liberty ? and it is pity such a knowing 
well-weighed Knight had not had a better for- 
fortune; for the Destiny (I mean that brave ship 
which l.e built himself of that name, that carried 
him thither) is like to prove a Fatal Destiny to 
him, and to some of the rest of those gallant Ad- 
venturers which contributed for the setting forth 
of 13 ships more, who were most of them his 
kinsmen and younger brothers, being led into the 
said Expedition by a general conceit the world 
had of the wisdom of sir Walter Ualeigh ; and 
many of these are like to make shipwreck of 
their estates by this Voyage. Sir Walter land- 
ed at. Plymouth, whence he thought to make an 
escape ; and some say he hath tampered with 
his body by physic, to make him look sickly, 
thi.t he may be the more pitied, and permitted 
to he in his own house. Count Goudamar the 
.Spanish ambassador speaks high language ; and 
sending lately to desire audience of his majesty, 
he s.:i<i he had but one word to tell him; his 
inaji&ty wondering what might be deliveied in 
one word when became before hiiii, he said only, 
* .Pirates, Pirates, Pirates,* and so departed. 

It is true that he protested against this 
Voyage before, and that it could not be hut for 
some predatory design : And that if it he as I 
hear, 1 fear it will go very ill with s>r Walter, 
and that Gondamar will never give him over, 
tdl he hath his head otf his shoulders ; which 
may quickly be done, without any new Arraign- 
ment, by virtue of the old Sentence that lies 
still dormant against him, which he could never 
get off by Pardon, notwithstanding that he 
mainly laboured in it before he went : but his 
majesty could never be brought to it, for be 
•aid he would keep this as a curb to bold him 



within the bounds of his commission, and the 
good behaviour. 

Goudamar cries out, that he hath broke the 
sacred Peace betwixt the two kingdoms; That 
he hath fired and plundered Santo Thoma, a 
colony the Spaniards had planted with so much 
blood, near under the line, which made it prove 
such hot service unto him, and where, besides 
others, he lost his eldest son in the action : And 
could they have preserved the magazine of To- 
bacco only, besides other t lungs in that town, 
something might have been had to countervail 
the charge of the Voyage. Gondamar al- 
ledgeth farther, That the enterprize of the 
Mine failing, he propounded to the rest of his 
fleet to go and intercept some of the plate Ga- 
leons, with oilier designs which would have 
drawn after them apparent acts of hostility; 
and so demands justice : besides other disasters 
which fell out upon the dashing of the first de- 
sign, captain Kentish, who was the main instru- 
ment for discovery of the mine, pistoled himself 
in a desperate mood of discontent in his cabin, 
in the (Jonvertine. 

This return of sir Walter R-deich from Gui- 
ana, puts me in mind of a facetious tale I read 
lately in Italian (for 1 have a little of that lan- 
guage already; how Alphonso kiug of Naples 
sent a Mmr, who had been his captive a long 
time, to Barbary, with a considerable' sum of 
money to buy horse*, and return by such a 
time. Now there was about the king n kind of 
Buffoon or jester, who had a taUe-book or 
Journal, wheicin he was used to register any 
absurdity, or impertinence, or merry passage 
tutu happened upon the court. That day the 
Moor wasdinpatched for Barbary, the said Jes- 
ter waiting upon the king at supper, the king 
called for his Journal, and asked what he had 
observed that day j thereupon he produced his 
Table-Book, and among other things, he read 
how Alphonso king of Naples had sent Beltram 
the Moor, who had been a long time his pri- 
soner, to Morocco (his own country) with so 
many thousand crowns, ro buy horses. The 
king asked him why he inserted that ; Because, 
said he, I think he will never come hack to be 
a prisoner again, and so you have lost both man 
and money. But if he do come, then your Jest 
is marred, quoth tht king : ' No sir : for if ha 



.i 



«] 



STATE TRIALS, I James I. l603.-^br High Tivason. 



[58 



return I will blot out your name, and put him 
id for a fool/ The application is easy and ob- 
vious : Bat the world wonders extremely, that 
to great a wise man as sir Walter Raleigh 
would return to cast himself upon so inevitable 
a rock y as I fear he will ; and much more, that 
such choice men, and so great a power of ships, 
sfaoold all come home and do nothing/' 

To the Honourable Matter Car. Ra. 

u Sir;Whereas you seem to except against some- 
thing in one letter that reflects upon sir Walter 
Raleigh's voyage to Guiana, because I terra 
the gold mine he wenl to discover, an airy and 
suppositions mine, and so infer, that it touch- 
ed) his honour ; truly, sir, I will deal clearly 
with you in that point, that I never harboured 
ia my brain the least thought to expose to the 
world any thing that might prejudice, much less 
traduce in the least degree that could be that 
rare renowned knight, whose fame shall contend 
in longevity with this Island itself, yea, with 
that great World which he historiseth so gal- 
lantly. I was a youth about the town when he 
aodertook that expedition, and I remember 
most men suspected that Mine then to be but 
to imaginary politic thing; but at his return; 
and missing of the enterprize, these suspicions 
turned in most to real beliefs that it was no 
ether. And K. James, in that Declaration 
which he commanded to be printed and pub- 
lished afterwards, touching the circumstance of 
this action, (upon which my letter it grounded, 
and which I have still by me) terms it no less. 
And if we may not give fnith to such public re- 
pd instruments, what shall we credit? Besides, 
there goes another printed kind of remon- 
strance annexed to that declaration, which in- 
timates as much : and there is a worthy cap- 
tain in this town, who was co-ad vent mer in 
that expedition, who upon the storming of St. 
Thomas, heard young Mr. Raleigh encouraging 
his men in these words : Come on, my noble 
hearts, this is the mine we come for ; and ihey 
who think there is any other are fools. Add 
hereunto, that sir Richard Raker, in his last 
historical collections, intimates so much. 
Therefoie, it was far f»on> being any opinion 
broached by myself, or bottomed upon weak 
pounds; for I was careful of nothing more, 
than that those letters be'ng to breath o; en 
air, should relate nothing but what should be 
derived from good fountains. And truly, sir, 
touching that apology of sir Walter Raleigh's 
you write of, I never saw it, I am very sorry I 
did not ; for it had let in more light upon me of 
the carriage of that great action, and then you 
miehl have been assured, that I would have done 
that noble knight all the right that could be. 

M But, sir, the several arguments that you urge 
m your Letters are of that strength, I confess, 
tint they are able to rectify any indhTerent man 
in this point, and induce liim to believe that it 
w«*ls ho chimera, but a real mine ; for you write* 
of d i vera pieces of gold brought thence by sir 
Walter himself, and capt. Kemy?, and of some 
ingot* that were found in the governor's closet at 



St. Thomas's, with divers crucibles, and other re- 
fining instruments : yet, uudcr favour, that might 
be, and the benefit not counteivail the charge, 
for the richest mines that the king of Spain hath 
upon the whole continent of America, which 
are the mines of Potosi, yield him but six in the 
hundred, all expences defrayed. You write 
how K. James sent privately to sir Walter, be- 
ing yet in the Tower, to in treat and command 
him, that he would impart his whole design to 
him under* his hand, promising upon the word 
of a king to keep it secret; which being done 
accordingly by sir Walter Raleigh, that very 
original paper was found in the said Spanish 
governor's closet at St. Thomas's : whereat, as 
you have just cause to wonder, and admire the 
activeness of the Spanish agents about our 
court at that time, so I wonder no less at the 
miscarriage of some of his late majesty's minis- 
ters, who notwithstanding that he had passed 
his royal word -to the contrary, yet they did 
help Count Gondomar to that paper ; so that 
the reproach lieth more upon the English than 
the Spanish ministers in this particular. Where- 
as you al ledge, that the dangerous sickness of sir 
Walter being arrived near the place, and the 
death of (that rare spark of courage) your brc— 
ther, upon the first landing, with other circum- 
stances, discouraged capt. Ketnys from discover- 
ing the mine, but would reserve it for another 
time ; I am content to give as much credit to 
this as any man can ; as also that sir Walter, if 
the rest of the fleet, according to his earnest 
motion, had gone with him to revictual in Vir- 
ginia, (a country where he had reason to be 
welcome unto, being of his own discovery) he 
had a purpose to return to Guiana the spring 
following to pursue his first design. I am also 
very willing to believe that it cost sir W. Ita- 
leigh much more t» put himself in equipage for 
that long intended Voyage, than would have 
paid for his liberty, if he had gone about to pur- 
chase it for* reward of money at home; though 
I am not ignorant that many of the co-adven- 
turers made large contributions, and the for- 
tunes of some of them MiftV-r for it at this very 
day. Hut although Gondomar, as my letter 
mentions, calls Mr Walter Pirate, I tor my part 
am far from thinking so ; because, a«» you give an 
unanswerable reason, the plundering of St. Tho- 
mas was an act done beyond the equator, where 
the articles of peace betwixt the two kings do 
not ext> nd. Yet, under favour, though he 
broke not the peace, he was said to break his 
patent by exceeding the bounds of his commis- 
sion, as the foresaid declaration relates : For K. 
James had made strong promis» s to Count 
Gondomar, that this fleet should commit no 
outrages upon the king of Spain's subjects by 
land, unless they began first ; and 1 believe 
that was the main cause of his death, though I 
think if thry had proceeded that way against 
him in a legal course of trial, he might have de- 
fended himself well enough. 

" Whereas you alledge, that if that action 
had succeeded, and afterwards been wrll pro- 
secuted, it might have brought Gondoniar's 



50] 



STATE TRIALS, 1 James I. 1G03.— Trial qf Sir Walter Raleigh. 



[60 



great catholic master to have been begged for 
at the church-doors by friar?, as he was once 
brought in the latter end of queen Elizabeth's 
days : .1 believe it had much damnified him, 
and interrupted him in the possession of his 
West-Indie-*, but not brought hiin, under fa- 
vour, to so low an ebb. I have observed, that 
it is an ordinary thing in your popish countries, 
for princes to borrow from the altar, when they 
are reduced to any straits ; for they say, The 
riches o( the church are to serve as anchors in 
time of a storm. Divers of our kings have 
done worse, by pawning their plate and jewels. 
Whereas my letter make* mention that sir W. 
Raleigh mainly laboured for his pardon before 
he went, but could not compass it ; this is also 
a passage in the foresaid printed relation : But 
I could have wi>hed with all my heart he had 
obtained it; for I believe, that neither the 
transgression of his commission, nor any tiling 
that he did beyond the Line, could have short- 
ened the line of his life otlierwisc ; but in nil 
probability we might have been happy in him | year came about, to be found clipping the 



to this very day, having such an heroic heart 
as he had, and other rare helps, by Ids great 
knowledge, for the preservation of health. 
I believe without any scruple what you write, 
that sir Win. St. (iron made an overture to 
hiin of procuring his paidun f<»r 1500/. but 
whether he could have e: tec led it, 1 doubt a 
little, when he had come to negotiate it reallv. 
But I extremely womler how that old sentence 
which had lain dormant above sixteen years 
against sir W. Raleigh, could have been made 
use of to take off his head afterwards, consider- 
ing that the Lord Chancellor Vn-ulum, as you 
write, told him positively (as sir Walter was 
acquainting him with that proffer of sir Win. 
St. Gcon for a pecuniary pardon) in these 
words, Sir, the knee-timher of your voyage is 
money ; spare your purse in this particular, for 
upon my life you have a snlhrient pardon for 
all that is passed already, the king having under 
his broad-seal made you admiral of your fleet, 
and given you power of the martial law over 
your officers and soldiers. One would think 
that by this royal patent, which gave hiin power 
of life and death over the king's liege people, 
sir W. Raleigh should become recltu itt cuiia, 
and free from all old convictions. But, Mr, to 
tell you the plain truth, count Oondoinar at 
that time had a great stroke in our court, be- 
cause there was more than a mere overture 
of a match with Spain; which makes me apt 
to believe, that that srreat wise knight being 
such an anti-Spaniard, was made a sacrifice to 
advance the matrimonial treaty. But I must 
needs wonder, as you ju.stly t\o, that one and 
the same man should be condemned for being a 
friend to the Spaniard, (which was the ground 
of his rir#t condemnation ) and afterwards lo^e 
his head for being their enemy by the same sen- 



tence. Touching his return, I must confess I 
was utterly ignorant that those two noble 
earls, Thomas of Arundel, and William of 
Pembroke, were engaged for him in this parti- 
cular ; nor doth tho printed relation make any 
mention of them at all : Therefore I must say, 
that envy herself must pronounce that return 
of his, for the acquitting of his fiduciary 
pledges, to be a most noble act ; and waiving 
that of king Alphonso's Moor, I may more pro- 
perly compare it to the act of that famous Ro- 
man commander, Regulus, as I take ir, who to 
keep his promise and faith, returned to his 
enemies where he had been prisoner, though 
he knew he went to an inevitable death. But 
well did that faithless cunning knight, who be- 
trayed sir W. Raleigh in his inteuded escape, 
being come a-shore, fall to that contemptible 
end, as to die a poor detracted beggar in the 
isle of Lundey, having for a bag of money fal- 
sified his faith, confirmed by the tie of the holy 
saci Mincnt, as you write ; as also before tlie 



same coin in the king's own house at White- 
hall, which he had received as a reward for his 
pcrtidinusness; for which being condemned to 
be hanged, he was driven to sell himself to his 
shirt, to purchase his pardon of two knights. 

" And now, sir, let that glorious and gallant 
cavalier sir W. Raleigh (w1m> lived long enough 
for his own honour, though not for his country, 
as it was said of a Roman consul) rest quietly 
in his grave, and his virtues live in his posterity, 
as 1 find tin v do strongly, and very eminently 
in you. 1 have heard his enemies confess that 
he was one of the wciiihiiest and wisest men 
that this island ever bred. Mr. Nath. Carpen- 
ter, a learned and judicious author, was not in 
the wrong when he gave this discreet character, 
of him : * Who hath not known or rend of this 
prodigy of wit and fortune, sir Wulter Ra- 
leigh, a man unfortunate in nothing else but 
in the greatness of his wit and advancement, 
whose eminent worth was iuch both in do- 
mestic policy, foreign expeditions, and dis- 
coveiies in arts and literature, both practick 
and contemplative, that it might seem atonce 
to conquer example and imitation !' " 



See also " A Declaration of the demeanour 
and carriage of sir Walter Raleigh, kut. as well 
in his Voyage ns in and sithence his return, and 
of tlu* true Moti\cs and Iuducemcu's which 
occasion* d his majesty to proceed in doing 
justice upon him as hath beea done. Printed 
by the kings printers in loltt;" republished, 3 
Ilarl. Mis. 1745: and '* A Brief Relation of sir 
Walter UaleiidisTrouhlc*, with the taking away 
the Lands and Castle of Sherhourn in Dorset, 
from him and his heirs," 4 Harl. Mis. 57 ; and 
for farther particulars the 2d Volume of Cay* 
lev 's Life oi Sir Walter Raleigh may be cousulted. 



61] STATE TRIALS, 1 Jamis I. 1603.— Trial of Sir Griffin MaMam, $c. [6<z 



7J. The Trial of Sir Griffin Markham, knt. Sir Edward Par- 
ham, knt. George Brooke, esq. Bartholomew Brookksby, 
esq. Anthony Copley, William Watson, Priest; William 
Clarke, Priest, for High Treason, at Winchester: 1 Jac. I. 
Nov. 15, a.d. 1603. [From a MS. in the Bodleian Library, 
Rotulae in Archivo. A. 3033. 44. 8.] 



TlIE Commissioners were, the earl of Suffolk, 
Lord-Chamberlain, Charles earl of Devonshire, 
Henry lord Howard, Robert lord Cecil, Secre- 
tory ; Edward lord Wotton, Comptroller; John 
Stanhope, Knight and Chamberlain ; Lord- 
Chief-Justice of England, Lord-Chief- Justice 
of the Common-Pleas, Justice Gawdy, Justice 
Waimedey, Justice War burton, sir William 
Wade, knight. 

On Tuesday the 15th of November, were 
arraigned at Winchester, George Brooke, esq. 
fir Griffin Markham, knight, Bartholomew 
Brookesby, esq. Anthony Copley, gent. Wm. 
Watson, priest ; Wm. Clarke, priest, and sir 
Edward Parham, knt. 

The Effect of the Isdtctment. 

* For consulting with the lord Gray and 
' others, traitorously to surprize the king and 
1 y.nmg prince at Greenwich, to carry them to 
4 the lower guarded with some, tliat after the 

* daughter of many of the guards, should put 
4 on the guards coats, and so bring them, send- 
1 ir.g the Lord-Admiral before to signify the 
' d stress where the king was, and escape be 

* mule by the guards from Greenwich; i:nd 
4 therefore desired to be taken in there for 
' more safety. Which, if they could have cf- 
1 Sertoli, the treasures i-.nd jewels in the Toner 

* should serve the tu;*n .or th.* elloctmi: «»f their 

* twiner purposes ; that some of thosie of the 
' f-rhy-council, viz. the Lord-Chanceilor, trca- 

* surer Cecil, Chief- Justice;, should be removed 
1 a*!d cut off: and Mr. W.it.-on ;-hould be 

* chancellor, Brooke lo.d treasurer, and Mnrk- 

* fuin secretary ; Gray lord marshal and mar 
' Ut of the horse, if the now muster of the 
' horse were otherwise preferred ; but for the 
1 iord-chie f-justiie no man named. If their 
1 project for bringing them to the Tower failed, 
1 then tu conwy the king to Dover, where 

* George Brooke presumed upon hi* intereat 
1 « ith Thomas Vands ; but Mr. Attorney jus- 
' fitted hi* assurance of the lord Cobhiim. In 
4 •.•'■£ of iher.e places they meant to lnve kept 
' tie kin* for the space of thr.ee months, and 

* ••; their first entrance, they should require 
1 th?ee things. 1. A general pan ion of all 
; th- :r purposes and intentions a&ahvtt the king 

* Mil prince. '2. The kiiii: should yield to a 
' toleration of religion; with an" equality of all 
' <*o<iu<4etlors und other officer*, as well papists 
4 ** protestants, within his court or otherwise. 
' ."». That be should remove and cut off the 

* fwre-mntioaed counsellors, and others who 



* should be thought to hinder this designment, 
' for which purpose Watson named Veale, 

* alias Cole, to alledge sufficient matter against 
' them. — And for the belter effecting of tins 

* their purpose, Watson had devised under 

* writing an oath should be administered for 
1 the preservation of the king's person, for the 
' advancement of the catholic religion, and for 
' the concealing of all secrets that should be 
' revealed unto them. That all the actions 
' should be proceeded withal in the king's 
' name, and they meant to send for the lord- 
' mayor and aldermen of London, that the king 
' would speak with them : whom they meant 
4 to keep in safe custody, till they had deliver- 
' ed hostages to them not to withstand their 
' assignments, and to furnish them with all 

* such necessaries as they should require from 

* them. Watson was the villainous hatcher of 

* these Treasons ; and Brooke, upon the leam- 
' ing of then, was as eager a prosecutor; and 
' the lord (Tray more eager and violent than 
' he, purposing to make a suit to the king for 
' carrying over a regiment for the relief of 
1 Ostend, which he would have ready tor the 
1 defence of his own person in this action, fear- 
' ing the greatness of the catholic forces nc- 
1 cording to the promises of George Brooke, 

* Markham and Watson, and knowing not 
' how he might he dealt withal amongst them/ 

Mr. George Brooke said little or nothing in 
his own defence, only he made a ridiculous ar- 
gument or two in the beginning: \iz. that, 
that only could be the judge, and examiner of 
any action, which was the rule of the action : 
but the Common Law was not the rule of the 
action, rrgo, it could not be judge or ruler of 
the action : and therefore appealed to the per- 
son of the king. 2. That the Commissioners 
or Common Law had no authority over thcrn ; 
because it is a maxim in the law, ejus esse con* 
titmnare* cujus est abfoirere : but the Commou 
Law could not absolve him, being guilty, there- 
fore- could ijiit condemn him. 

Air. Attorney to this would have answered 
I particularly, but was by the Commissioners 
and Judges willed to reduce himself to his own 
element. 

Loid Henry Howard undertaking to have 
answered him, my L. C. Justice t'dd him, that 
the Kin::, bv reason of his uiativ causes, had 
man" under him to execute the 1 iw of justice; 
but he kept, in his own hands the key of mercv, 
either to bind or loose the proceedings, as in 
his own princely wisdom he should think fit. 



C3] . STAT^ TRIALS, 1 James I. 1603— fr/af qf Sir Griffin Markham, [61 

Scotland and England in combustion ; and so 
upon Cobhain's return out of Spain, to meet 
Raleigh at the isle of Jersey, and so to put on 
foot both titles, both within and without the 
land. 

Mr. George Brooke, after lib first arguments, 
spake little or nothing for himself, more than 
his own Confession led him otherwbiles to 
excuse or qualify his own offence; only he 
gave cast of a Letter, which, he said, he re- 
ceived from his majesty, wherein he had liberty 
and authority to deal in the sounding out of 
these practices ; but neither at any nine be- 
fore nor at his Arraignment, could shew the 
said letter. And the king being by some of dm 
Lords Commissioners questioned withal on that 
point, requireih his Letter to be produced, 
and deiiieih be wrote any such letter. 

Sir Griffin Markham answered exceeding 
well, and truly to all things ; denying nothing 
for his fault of Treason ; but that he deserved 
death upon the persuasion of Watson, by whom 
he was misled, and assured that the king before 
liis coronation was not an actual, but a political 
king : only he desired to avoid the imputation 
of effusion of blood in that enterprize, and (if 
it were possible) the brand of a Traitor lor his 
house and posterity, protesting how carders he 
was of his own life, which he desired to he 
exposed to any hazard or sacrifice (though it 
was never so desperate;) which if the king 
would not (in mercy) yield him, yet he desired 
their lordships to be intercessors, that he might 
die under the axe, and not by the halter. 

Watson spake very absurdly and deceivingly, 
without grace, or utterance, or good deliver- 
ance ; which (added to his foresaid villainy) 
made him more odious and contemptible to all 
the hearers. 

Clarke, the other Priest (mi excellent nim- 
ble-tongued fellow), of good speech, more 
honest in the carriage of the business, of an ex- 
cellent wit and memory, boldly, and in well- 
beseeming terms, uttering his mind, not unwil- 
ling to die, but desireth to avoid the imputa- 
tion of a traitor. 

Copley, a man of a whining speech, but a 
shrewd invention and resolution. 

Brookesby drawn in merely by Watson to 
take the Oath before-mentioned, for some of the 
particularities, as the bringing the king to the 
Tower for the advancement of Ucligion ; but 
spake with nobody to incite them to the busi- 
ness nor came himself according to his time ap- 
pointed by Watson, the 23rd or 2 -1th of June, 
but at that instant attended upon the queen. 

Sir "Edward Par ham was also by that villain 
Watbon dealt withal after he had tendered hiin 
the oath to this purpose : that he understood 
the lord Gray meant with forces to set upon 
the king, and to surprize him, that against that 
time, whether he would not draw his sword 
against the lord Gray with the king'* servants 
aud friends? And if the king's servants were 
discomtited, whether with the rest of the Ca- 
tholics he would not encounter the lord Gray, 
aud if he could bring him to die Tower for his 



Therefore said Mr. Attorney, you, Mr. 
Brooke, professing yourself to be learned, cannot 
be ignorant that both your ancestors have been, 
and you must he liable and subject yourself to 
the trial of the law of this nation, wherein you 
were born, and under which you live, 6f igno- 
lantia juris non esc u sat. These treasons were 
termed by the lord Cobham ' The Bye/ as Mr. 
George Brooke confessed to Watson aud the 
lord Gray ; but, said he, Walter Raleigh* and 
1 arc chanced at the Main. Whereupon Mr. 
Attorney gave a touch of the Treasons of the 
lord Cobham and Raleigh, who had procured 
from A rem berg five or 600,000 crowns, to be 
disposed by the lord Cobham, who should 
therewith raise forces for the extirpation of 
the King and his Cubbes, and putting both 

* Sir John Hawles (Solicitor-General temp. 
Will. 3.) in his reply to sir Bart. Shower's 
" Magistracy and Government of England vin- 
dicated, &c." pag. 32, says, the king came to 
London in May, and in Joly following was the 
pretended plot discovered ; and in November 
following, the pretended delinquents were tried 
at Winchester, together with Watson and 
Clarke. Their Accusations were in general, 
1. To set the Crown on the lady Arabella's 
head, and to seize the king. 2. To have a 
toleration of Religion. 3. To procure Aid and 
assistance from foreign princes. 4. To turn 
out of court such as they disliked, and place 
themselves in otftces. — Of these the first Arti- 
cle is Treason; what crimes the rest are, is 
doubtfuL What of them was proved against 
the lords Cobham and Gray, Watson and 
Clarke, or how their Trials were managed, doth 
not appear : but sir Walter Raleigh's Trial 
does appear, and is much like the lord Russet's, 
and therefore of some circumstances of it, I 
think, it is fit to take notice. Instead of Con- 
sults, &c. in the lord Russel's Trial, the cant 
words of the surprizing the Bye, and the Main, 
were made use of in sir Walter's, interprctable 
as the Council thought fit ; at least it was asto- 
nishing to the Jury, which was all that was de- 
signed by the Council, and fatal to the pri- 
soners. I have no mind to run through all the 
ramble of sir Walter Raleigh's Trial, as it is 
printed before his History of the World, be- 
cause the parallel is too exact, and sticks too 
close to the memory of persons gone : only 1 
will say, That if sir Walter Raleigh was guilty 
qf the thing he was accused of by the Witnesses, 
though the accusation did not amount to a legal 
proof, it was Iliuh-Treason ; but if the lord 
Russel was guilty of the^hing he was accused 
of, he was not guilty of High-Treason." — And 
the same author, says, p. 35, " I think it is 
plain at this duy, that of sir Walter Raleigh's 
is thought a sham Plot ; what the lord Russel's 
is thought, let the author say, I am loath to enu- 
merate all, but if any person will give himself 
the tro'ible of reading and comparing the 
Trial of the lord Rustri with that of»ir Waiter 
Raleigh, they will find them exactly parallel in 
a number of other particuhirs." 



<fc] 



STATE TRIALS, 1 James I. 1 603. —and others, for High Treason. 



[66 



relief and the advancement of the Catholic 
rehgion ? 

far ham told him, that he would so, if he was 
persuaded that bis intendment of the lord 
Gray were true, which at that time Watson 
could not assure him of; for he did but hear 
of so much : but said he, when I have better 
assurance thereof, which will be within these 
three davs, you shall further hear of me. He 
laying the time, Watson came not, and so 
P*j ham's proceedings went no further : but 
bang urged in the point for bringing the king 
to the Tower, for the advancement of the Ca- 
tholic religion, he said, he *aade no doubt, but 
ttat he with others, adventuring ther lives for 
the rescuing the king from the lord Gray, and 
bringing him for his safety to the Tower, this 
then Mould not but merit some grace from the 
king, for the advancement of the Catholic 
rthiion. 

Sir Francis Ihircy being Foreman of the 
Jury, and excellently commended for this day's 
carriage and behaviour, made two or three 
doubt* concerning Mr Edward Parhaui's Case, 
and received lesoiution from the Bench in some 
points, and the rest left to his conscience and 
understanding, vent with the rest of the Jury, 
and found all Guilty, saving Parham, and so 
he«.i» discharged ; and upon the rest Sentence 
«4' death ivus pronounced by the Lord-Chief- 
Jtfetice. 

The Copie of a Letter written from master 
1. M. net re Salisbury, to Master II. A. at 
l»iid'>ii. concerning the Proceeding at Win- 
chester ; where the l.ue lord Cobham, lord 
Gray, and sir Griniu Mark ham, all attainted 
of hie Treason, were ready to be executed, 
ou Friday the 9th of Dec. 1603. At which 
time his majesties Warrant, all written with 
his own hand, (whereof the true Copie is, 
here annexed) was deliuered to sir lien- 
jaroiu Tichboume, High She ri lie of Hamp- 
shire, commanding him to suspend their 
execution till further order. Imprinted at 
Loudon, 1603. 

Sr; I hauc receiued a letter from you; hv 
*uch I perceiue howe much you desire to be* 
particularly enfourmed of the cause and man- 
J*r of i he stay of the late lord CobhanYs, lord 
Onne's, and sir Grirtiii Mark ham's Execution, 
^pointed at Winchester; wherein, although 
there are many better able to discourse at large 
o;' -iic li an action then myselfe, yet 1 conceiue 
*hen you ha\e perused this plaine and true 
relation, of that which all men there behelde 
t .at day, and many more since haue heard, 
t: »m persons of the best qualitie mid know- 
k f l*e, you will thaiike me more, for 6utferiii£ 
On- trueth to stiew itself vuclothed, then if I had 
laboured to haue deliuered you a tale well 
painted with curious words and tine phrases. — 
Yen mu-t therefore vnderbtand, that as sonne 
t* the Arraignments were passed at Win- 
ttatter, his majesties Priue-couiisel (to the 
Dumber of 14 or 15, of which companie all of 
ttan had cither bctae trycrs of the noblemen 

f OU II. 



as their peers, or sitten as high Commissioners 
vpon the gentlemen) were called before his 
majestic (in his* Priue-chamber, at Wilton, 
where he commanded them to deliuer (w ithout 
respect to any per>on) the true narration onely ; 
of the order in the Trial! ot these persons that 
had beene condemned by the law t, and of the 
nature and degree of their offences, as had ap- 
peared in euery one of them, by their seucral 
answeres. — Ail which being cleerely and justly 
reported by them (each speaking in the hearing 
of the rest) his majestie . for his part, used' 
himself so grauely and reseruedly in all his 
speeches, as well to themselues at that time, as 
also to all other persons after, in priuate or 
publique, us neither any of his priue-counself, 
nobilitir, or any that attended ueerest to his 
sacred person, durst presume to mediate for 
any, or so much as to enquire what should 
be the conclusion of this proceeding. 

In the meane tune, while the Court was full 
of uariety of discourse, some speaking out of 
probabilirie, others arguing out ol desin , what 
was like to be (he fortune ot all, or of any of these 
Offend ours, his majestic hauing concluded 
onely in his own secret heart (which is the true 
oracle of tjrace and know ledge) in what manner 
to proceed ; and that without asking counsel 
of any earthly person it pleased him to rcsolue 
between e God and i.imselfe, that their execu- 
tion should be staved, euen at the instant 
when the axe should be layde to the trees 
routes. For the seciet and orderly caniage 
whereof, his majestie wa* careful to preuent all 
cause or colour ot' suspicion, of that judicious, 
joyall, and vuexpected course which followed. 
And therefore, after the two Priests were exe- 
cuted, on Tuesday the 29th of Nov. and master 
George Brooke on Monday following, his' ma- 
jestie on the same day, being the 1st of Dec. 
signed three Warrants, for the execution of the 
late lord Cobham, l«»rd Gray, and sir Grirtin 
Markham, knt. with particular direction to the 
She ride, to performe it ou Friday after, before 
ten a clockc in the morning. — All these direc- 
tions being now become notorious, both by 
the Writs of Execution (which passed voder 
the great seale) and by the making rcadie the 
Scaffolds at Winchester, his majestie uery 
secretly (as now appeareth by the sequele) 
drewe himselfe into his cabinet, on Wednesday 
befoie the day of execution, and there pi in ate ly 
framed a Wurrant, written all with his own 
hand, to the Sheriffe, by venue whereof he 
countermaunded all the former directions, al- 
ledgiug the Reasons therein mentioned. Of 
which seeing no man's pen can so well expresse, 
as his owne, 1 ^end you the Copie verbatim, 
as 1 took it out of the originnll, which many 
read in my cousin sir Benjamin Tichbourne's 
hand. 

And now to come to the ordering of this bu- 
sine«se ; among many other circumstances, it 
is uery remarkable, with what discretion and 
foresight that person was elected, which must 
be vsed in carriage of the Warrant. First, his 
majestie resolved it sh6uld be a Scoti 



67] STATE TRIALS, 1 James I. 1303.— Trial of Sir G. Marlham, and others. [68 



being thereby like to be freest from particular 
dependeucie vpon any nobleman, counsellors, 
or others, their friends or ailyes. Next bee 
re^olued, to send a man of no cxtraordinnric 
ranke, because the stnndrrs-by should not ob- 
serue any alteration, nor the delinquents thcin- 
selves should take any apprehension of such a 
man's being there at that time : this being his 
mujt'!>?ies speciall de*ire, that euery one of 
them (being scucrully brought vpon the teat- 
fold) might quietly breath foorih their last 
wordes, and true Confession of his secret est 
conscience. An J so, to be short, his majestic 
made choice of Mr. John Gibb, a Scottish man, 
as aforesaid, a man that had never dealt with 
any counsellor, or other, for suite or businesse, 
but one that had, vyithiu short while after the 
Line's first en trie, bene sent backe into Scot- 
land, from whence he was but freshly arriued 
at Wilton, some fewe dayes before. 

This party being by the king approoued for 
au ancient, trust ie, and secret seruant, as a 
groome of his majesties bed-chamber, and a 
man, as is said be- fore, little knowen, and less 
hound to any subject in England for any bene- 
fit, receiuing the Warrant secretly, on Thurs- 
day, from thtt king's owne hand, mid telling his 
fellowes (who would otherwise bane missed 
him) that he must lie that night at Salisbury 
vpon some priuate businesse of his owne, lie 
rode directly to- Winchester, and there, keeping 
himselfe priuate all night, rose earely in the 
morning on Friday, and went obscurely to the 
Castle-grccne, where the people Hocking in all 
the morning, as the time die we nccre, he put 
himselfe with the throng, close by the Scallold, 
and there leaned till the Sheritie brought up 
sir Griffin Mark ham to the place, who was the 
man appointed fir^t to die. 

There the sayd tir Griftin Markham, hauing 
ended his pmyer, and made himselfe rcadic to 
kneele downc,. Mr. John Gibb finding it fit 
time, while the axe was preparing, to giue some 
secret notice of his charge, called to my cousin 
Tichbourne, the Sheriffc, to speakc with him, 
and then dcliuered him (prinatciy) his majesties 
Warrant, with further direction.-) ucrbally, how 
lie should vse it. 

Herevpon the Shcriife, perreiuing fully his 
majesties intention, so wuiily and discreetly 
marshalled the matter, ns bee ouely called sir 
G rutin Markham vuto Lira on the Scallold, 
and told him, that he must withdraw him>elfe 
into the Hall, to be confronted (before his 
death) before those two lords, that were to 
follow him, about some points that did concern 
his majesties seruice ; and so carrying Mark- 
ham into the Hall, lie left him there, and went 
vp hastily, tor the lord Gray, to the Castle, 
Mho Icing likewise brought vp to the Scaffold, 
and suffered to powre out hi* prayers to God, 
at great length, mid to make his last Confes- 
sion, as he would answer? it upon bis soule, 
when he was reodie to kneele downe, to rtcciue 
the stroke of death, Master Sheritie caused 
him to stay, and told him that he must goe 
4owae for a while into the Hull, where finding 



sir Griffin Markham, he willed him to tarry 
them till he returned. 

La.?t of all, he" went for the lord Cobham, 
who bluing also ended his deuotion to God, 
and making himselfe ready to receiue the same 
blow t the Sheriflv finding the time come to pub- 
lish the king's mercie to the worlde, and to re- 
uealc his mysterie, he caused both the lord 
Gray and sir Griffin Markham to be brought 
backe to the Scaffold, and there, before thein 
all three that were condemned, and in the 
hearing of all the company, notified his majes- 
ties Warrant, by which lie was authorised to 
stay the Execution. Wliich strange srnd vn- 
deserved grace and mercie, proceeding from a 
prince, so deeply wounded without cause, or 
colour of cause giuen by himselfe toward them 
in any thing, but meerely contrary (to both 
the loids especially) bred in the hearts, as well 
of the offenders ^is of the standers-by, such/ 
sundry passions, according to the diuers tem- 
pers of their minds, as to some that shall re- 
ceiue those things by report, which others did 
behold with their eyes, my relation may rather 
seeme to be a description of some ancient His- 
tory, expressed in a well-acted comedy, than 
that it was euer possible for any other man to 
represent, at one time, in a matter of this con- 
sequence, so many liuely figures of justice and 
mercy in a king, of terror and penitence in of- 
fenders, and of so great admiration and ap- 
plause in ail others, as appeared in this ac- 
tion, carried only and wholly by his majesties 
owne direction. 

The lord Co Mi am (holding his hand to hea- 
ucn) applauded this incomparable mercie of so 
gracious a soueraigne, nggrauating his owne 
fault, by comparing it with the princes clemen- 
cie, wishing confusion to all men uliue, that 
should euer thinke a thought against such a 
prince, as neither gnue cause of offence, nor 
tooke reuenge of ingratitude. 

The lord Gray, finding in what measure tliis 
rare king had rewarded good for euill, and for- 
borne to make him an example of discounige- 
ment and terror to all men that hereafter might 
attempt to break the bonds of loyalty, vpon 
the passions of any ambition, began to sob and 
weep for a great while, with most deep contri- 
tion, protesting now, that such was his zeale 
and desire to redevme his fault by any meaues 
of satisfaction, as he could easily sacrifice? his 
life, to pseuent the lo?sc of one finger of that 
myall hand, that had dealt so mercifully with 
hiin, when he least looked for it. 

Sir Griliin Markham (standing like a man 
astonished) did nothing but admire and pray. 
The people that were present witnessed, by in- 
finite applause and shouting, the joy and com- 
fort which they took in these wonderful 1 effects 
of grace and mercy, from a prince whonie God 
bad inspired with so many royal I gifts for their 
conseruation, and would conserue for his owne 
glorie. 

The crie being carried out of the Castle- 
gutes into the town, was nut onely sounded with 
acclamation of all sexes, qualities and ajfcctioa, 



69] 



STATE TRIALS, 1 James I. 1004.— Hampton Court Conference. 



[70 



but the true report, diuulged since in ail partes, 
hath bred ill live %voon>t disposed mindes, such 
remorse of iniquitie, in ihe best such incourage- 
loejit to loyaltie, and iu those that are indif- 
ferent such feare to offend, and generally such 
affection to his majesties person, as persuades 
the v\ hole world, that Sat ban hiinselfe can neuer 
so far prevail with any, as to make them lift vp 
their hearts or hands against a prince, from 
whom they receiue such true effects of j ustice 
sod goodness. 

To concluue, therefore, I haue now done 
my best to satisfy your desire, though I feele 
to my grlefe, how short I come to my own wish ; 
because I would haue expressed to the life, it' 
khud been possible, both the matter and the 
forme of this. proceeding; of both which the 
wisest men, that haue seene and vnderstoode 
all particular circumstances, are at the eude of 
their wits, to giue an absolute censure, whether 
of them both deserue greater recommendation : 
this being most assured, that there is no record 
extant, wherein so great wisdome and vnder- 
staodinge, so solid judgement, so perfect a re- 
solution, to giue way to no request, or media- 
tion: so inscrutable a heart, so royall and 
equal a tempered mercie, after so clear and 
publike justice, haue euer concurred so de- 
monstratiuely as in this late action, wherein 
this blessed king hath not proceeded after the 
manner of men and of kings, Sed calrstis Ju- 
dtcisy eternique Regis more, whereof he shall 
I* most assured to reapc these tasting fruitcs, 
ofbeiog beloued and feared of all men, obeyed 
with comfort, and serued with continual! joy 
and admiration. And so forbearing to hold 
you any longer at this time, I end. From my 
house, neere Salisbury, the 15th of Dec. 1(303. 
Your lovin cousin and friend, T. M. 

His Majesties Warrant, written with his own 

hand. 

' Although it be true, that all veil gouerntd 
' and flourishing kingdoiues and common 
' ?t alt his are established by iustice, and that 
1 these tuo noblemen by birthe, that aire nou 



* upon the point of Execution, aire for thair 

* treasonable practices coudemnid by tlie lawe, 
' and adiudgit worthy of the Execution thaireof, 
' to the example and terror of utheris; the one 
' of thaim hailing filthily practised the ouer- 
' tlirow of the quhole kingdome, and the other 
'for the surpri;>e of our owin personne; yet 
' in regaird that this is the fimt yeere of out 
' raignc, in this kingdome, and that neuer king 
' was so kirre oblisheid to his people as ve haue 
' bene to this, by our entrie heere with so 
4 hairtie and generall an applause of all sorts ; 
' among quhom all the kinne, friend is, and allies 
i of the saidis condemnid personnis vaire as 

* ibrduart and duetifuil as any other our good 

* subjects, as also that at the very time of thair 
' arraineincnt none did more freely and reddily 

* giue thair assent to their conuiction, and to 
' deliuer thaim into the hand is of iustice, then 
' so many of thair neerest kinsmen and allies 
' (as being peeris) vaiere vpon thair iurie; as 
' likeuaise in regard that iustice hath in some 

* sort gottin course akeadie, by the execution 
' of the tuo priestis, and George Brooke, that 

* vaire the principall plotteris and intisuirs of 
' all the rest, to tl»e embracing of the saiddrs 

* treasoirahill machinations; vee thai r fore (be- 

* ing resoluid to mix clemencie with iustice) 
' aire contented, and by these presentis com- 
' inand you, our sheriffe of Hampshire, to su- 

* perseide the execution of the saidis tuo noblc- 
' men, and to take thaim backe to thair pri>on 

* agaiue, quhile our further pleasure be knowin. 
' And since vee vill not haue our lawis to haue 
' respect to personnis, in spairing the great, and 
' sirikking the meaner sort; it is our pleasure, 
( that the like course be also taken with Mark- 
' ham, bestir sorry from our hairt, that such is, 

* not only tne hey nous naiure of the saidis con- 

* demnid personnis crime, but euen the corrupt 
' .tion is so great of thair n at u rail disposition, as 
' the care vee haue for the safety and quiet of 

* our state, and good subiectis, vill not permit 

* vs to vse that ciemencie tovardis thaim, 
i quhich, in our owin natural! inclination, vee 
' micht very easily be persuadit vnto.' 



76. Proceedings in a Conference at Hampton Court, respecting 
11efor3i a tion of the Church :* 1 Jac. a. d. 1G04. [Fullers 
Church Hist. 673. 2 Neal. 5. 2 Kcnnett's Com pi. Hist. 665.] 

A.XD now, because there was a general ex- 
pectation of o parliament, suddenly to suc- 
ceed, the Presbyterian party, that they might 



not be surprised, before they had their tackling 
about them, went about to get hands of the mi- 



• Bishop Kennett says, " This Conference 
at lUuipton -Court was but a blind to introduce 
Episcopacy in Scotland, all the Scotch noble- 
men then at Court being designed to be pre- 
sent, and others, both noblemen and ministers, 
. being called up from Scotland to assist at it, by 
the Km|> Letter. 



nisters to a petition, which they intended sea- 
sonably to present to the king and parliament. 
Mr. Arthur Hilder*hum,und Sir. Stephen E^er- 
ton, with some others were chosen, and chiefly 
intrusted to manage this important business. 
This was culled The Millenary Petition,* as, 
One of a thousand, though indeed there wcie 
but seven hundred and fifty preachers hands set 
thereunto : lait those all collected only out of 
five and twenty counties. However, for the 

* The Petition is inserted at the eud of tlie 
proceedings at this Conference. 



?1] 



STATE TRIALS, 1 James I. 100+.— Hampton Court Conference, 



[72 



more rotundity of the number, and grace of the 
matter, it pnsseth for ti full thousand ; which, 
no doubt, the collectors of the names (it* so 
pleased) might easily have compleated. I dare 
not guess what made them desist before their 
number was finished ; whether they thought 
that these were enough to do the deed, and 
more were rather for ostentation than use; or, 
because disheartened by the intervening of the 
Hampton-court Conference, they thought, that 
these were even too many to petition tor a de- 
nial. It is left as yet uncertain, whether this 
Conference was by the kind's favour graciously 
tendered, or by the mediation of the lords of 
his council powerfully procured ; or by the bi- 
shops, as confident of their cause, voluntarily 
proffered; or by the ministers importunity ef- 
fectual I v obrained. Each opinion pretends to 
probability, but the Ian most likely. And, by 
what means soever this Conference was com- 
passed, Hampton-court was the Place, the 11th 
of January the time, and the following Names 
the peipous which were employed i hen in. 

For Conformity. — Archbishop of Cantcr- 
buiy, Whitgift. — Bishops of London, Bancroft; 
Durham, Mathew; W inches' er, Bilson ; Wor- 
cester, Babiugton ; St. David's, Rudd; Chi- 
chester, Watson ; Carlisle, Robinson; Peter- 
borough, Dove. — Deans of the Chapel ;* Christ- 
Church; Worcester; Westminster, Andreses; 
St. Paul's, Ovcr.ill ; Chester, Barlow ; Salisbury, 
Bridges ; Windsor. — Drs. Field ; hint:. 

Moderator, king James. — Spectators, AH the 
Lords of the Privy Council, whereas some at 
times, interposed a few words. — Plaoe, A with- 
drawing room within (he Privy chamber. 

Against Conioiimiiy, Doctors Reynolds; 
Sparks. — Messrs. Knewstul>s; Chaderton. — 
These remaining in a room without, were not 
called in the first day. 

.- To omit all gratulatory preambles, as neces- 
sary, when spoken, as needless, if now repeated, 
we will present only the substance of this day's 
Conference, his majesty thus beginning it : 

His Alujvsttf. It is no novel device, but ac- 
cording to the example ot all Christian princes, 
f«>rkiii«:s to take the first course for the establish- 
ing ol the Church, both in doctrine and policy. 
To this the \ cry Heathen re!a*ed in their pro\erb, 
a J..vc principtum, particilarlv in this land, king 



where I sit amongst grave, learned, and reve- 
rend men, not as before, else w I it re, a king 
■without state, without honour, * it bout order, 
where beardless boys would brave us to the face. 
—And I assure you, we have not called this 
Assembly tor any innovation, for we acknow- 
lege the government ecclesiastical, as now it i« t 
to have been approved by manifold blessing 
from God himself, both for the increase of the 
Gospel, and with a most happy and glorious 
peace. Yet because nothing can be so ahso* 
lntely ordered, but that -something may be added 
thereunto, aud corruption in any state (as in the 
body of man) w ill insensibly grow cither through 
time or persons; and because we, have received 
many complaints since our first entrance into 
tins kingdom of many disorders, and much dis- 
obedience to the laws, with a great falling away 
to popery ; our purj>ose therefore is, like a good 
physician, to examine and tiy the complaint?, 
and fully to remove the occasions thereof, if 
scandalous; cure them, if dangerous; and take 
knowledge of them, if but frivolous, therchv to 
cast a sop into Cerbcrus's mouth, that he bark 
no more. For this cau«>e we have called von 
bishops and deans in, severally by yourselves, 
not to be confronted by the contrary opponents, 
that if any thing should be found meet to be re- 
dressed, it might be done without any visible 
alteration. — Particularly there be some special 
points wherein 1 desire to be satisfied, and which 
may be reduced to three heads: 1. Concerning 
the Book of Common-prayer, and divine ser- 
vice used in the Church. 2. Excommunication 
in ecclesiastical courts. 3. The providing of 
fit and able minister* for Ireland. In the Coin- 
mon-nraver Book I reouire satisfaction about 
three things: — First about Confirmation : For 
the vciy uame thereof, if arguing a Continuing 
of Baptism, as if this sacrament without it it ere 
of no validity, is plainly blasphemous. For 
though at the first use thereof in the Chinch, it 
was thought necessarv, that baptised infanK, 
who fonnerlv had answeied hv then natriu', 
should, when come to years of riiscn lion, after 
their profession marie bv themst Ives, be con- 
tinued with the blessing of the bishop, 1 abhor 
the abtt«.e where. u it iv made a sacrament, or cor- 
rohoratiiu to B-tptism. — As for Ahsoiutim. I 
know not how it is used in our Church, but 



lleiirv the f!t!», towards the end of his reign, al- i have heard it likened to the pope's p.irdons. 



tried much, king Edward the tith m» re, ipiern 
Mary reversed all, and lastly, rjii«en Elizabeth, 
(of famous iin inorv) st'tth'd r-vligio'i as uow it 



There be indeed two knd-. thereof from <«od : 
O ic general, all prayer* "ii 1 preaching nnj.oit- 
ing :m Absolution. I he o'her particular to 



etandeth. — Hen in I am haj pier than they, be- \ sptcial parties, having committed a sc.und:il, and 



caiof they were tain to aiter all things they 
found established, whereas I -see yet no such 
cause to change, as confirm what I find well 
settled already. For hhvid be God's gracious 
goodness, who hath brought me into the pio- 
mised Lund, wheie religiiu is purely professed, 

* Though all these Deans were summoned 
by letters, "and present in the Presence-cham- 
ber; yet only five, (viz. of the ChapcL.VVett- 
niinster, Paul's, Chester and Salisbury) on the 
first day were called ia. 



repenting: otherwise, when Excommunication 
piccedes not, in my judgment there neels no 
Absolution. — Private Baptism is the third thing 
whereiu I wV.uld he satisfied in the Common- 
prayer: If called privati l.omthr place, I think 
it agreeable with the* use of the pi motive Church ; 
but. if tinned private, that any, besides a law- 
ful minister, may baptise, I utterly dislike it. 
[And here his Majesty grew somewhat earnest 
in his expressions, against the baptising by wo- 
men and bucks.] 
" In the secoud Head of Excommunication, 



73] STATE TRIALS, 1 Jamrs I. 1604.— respecting Reformation of the Church. [74 



I offer two things to be considered of: first the 
Mutter, secondly the Person*, lor the first, I 
would be satisfied, whether it be executed (as 
it is complained of to me) in light causes, and 
that too commonly, which causeth the under- 
valuing thereof. For the Person-, I would be 
resolved, why Chancellors and Commissaries,' 
bring laymen, should do it, and not rather the 
bishops themselves, or some minister of gravity 
and account, deputed by them for the more 
dignity to so high and weighty a censure. As 
for providing ministers for Ireland, I shall refer 
it in the hist days Conference to a consultation. 

* _ 

Abp. of Canterbury. Confirmation hath 
b^f n u*ed in the Catholic Church ever since 
the Apostles; and it is a very untrue suggestion 
(if any have informed your highness) that the 
Church of England holds Baptism imperfect 
without it, as adding to the virtue and strength 
thereof. 

huhop of London. The authority of Con- 
firmation depends not only on antiquity, and 
the practice of the Primitive Church, but is an 
Apostolical Institution, named in express words, 
Hcb. vi. 2. and so did Air. Calvin expound the 
very place, earnestly wishing the restitution 
thereof in the reformed Churches. [The bishop 
of Carlisle is said gravely and learnedly to have 
urged the same, and the bishop of Durham 
noted something out of S. Matthew for the in- 
position of hands on children.] 
The conclusion was this, For the fuller explana- 
tion that we make Confirmation, neither a Sa- 
crament nor a Corroboration thereof, their 
lordships should consider whether it might not 
without alteration (whereof his majesty was 
still very wary) be intituled an Examination 
with a Confirmation. 

Abp. of C. As for the point of Absolution 
(•herein your majesty desires satisfaction) it is 
clear from all abu>e or superstition, as it is used 
in our Church of England, as will appear on 
the reading both of the Confession and Abso- 
lution following it, in the beginning of the Com- 
munion book. [Here the king perused both, 
and returned] 

His Mj. I like, and approve them, finding 
it to be very true what you say. 

Bp. of hand. It becometh us to deal plainly 
with your Majesty. There is also in the book 
a more particular and personal Absolution in 
the Visitation of the Sick; [Here the dean of 
the chapel turned unto it and read it.] 

Bp. of Jjond. Not only the confessions of 
Augusta, Boheme,«nd Saxon, retain and allow 
it, but Mr. Calvin also doth approve, both such 
a general, and such a private (for so he terms 
it) Confe^ion and Absolution. 

His Maj. I exceedingly well approve it, 
being an Apostolical and Godly Ordinance, 
given in the name of Christ, to one that desireth 
it, upon the clearing of his conscience. 
The conclusion was this, That the bishops 
should consult, whether unto the rubric of the 
general Absolution, these words, Remission of 
fcins, might not lie added for explanation sake. 
Abp. ofC. To the point of Private Baptism, 



the administration thereof by women and lay- 
persons is not allow ed in the practise of the 
Church, but enquhed of, and censured by 
bishops in their visitations. 

His Mai. The words of the Book cannot 
but intend a permission of women and private 
persons to baptise. 

Bp. of Wore. The doubtful words. may be 
pressed to that meaning ; yet the Compilers of 
the Book did not so intend them, as appeareth 
by i heir contrary practice. But they pro- 
pounded them ambiguously, because otherwise 
(perhaps) the Book would not (then) have 
passed the parliament. 

Bp. of Lond. Those reverend men intended 
not by ambiguous terms to deceive any, but 
thereby intended a permission of private per* 
sons to baptise, in case of necessity. Tins is 
agreeable to the practice of the ancient Church, 
Act. ii. when three thousand being baptised in 
a day, (which for the Apostles alone to do, 
was [at the least] improbable) some being 
neither priests nor bishops, must be presumed 
employed therein, and some Fathois arc of the 
same opinion. Here he spake much, and ear* 
nest I v about the necessity of Baptism. 

His Maj. That in the Acts was an act ex- 
traordinary, and done before a Church was 
settled and grounded, wherefore no sound rea- 
soning thence to a Church established and 
flourishing. I maintain the necessity of Bap- 
tism, and always thought the place John iii. 5. 
" Except one be bom again of water,*' &c. 
was meant thereof. It may seem strange to 
you, my lords, that I think you in England give 
too much to Baptism, seeing fourteen months 
ago in Scotland, I argued with my divines 
there, for attributing too little unto it ; Inso- 
much that a pert minister asked me, if I thought 
Baptism so necessary, that, it omitted, the child 
should be damned. 1 answered, no: But if 
you, called to baptise a child, though privately, 
refuse to come, I think you shall be damned.— 
But, this necessity of Baptism I so understand, 
that it is necessary to be had, if lawfully to be 
had, that is, ministered by lawful ministers, by 
whom alone, and no private person in any case, 
it may be administered : though I utterly dis- 
like ail lle-haptization on those whom women 
or laics have baptised. 

Bp, if Winch. To deny private persons to 
baptise in case of necessity, were to cross all 
antiquity, and the common practice of the 
Church, it being a rule agreed on amongst 
divine*, that the miuister is not of the essence 
of »he sacrament. 

Hi* maj. Though he be not of the essence of 
the sacrament, yet is be of the essence of the 
right, and lawful ministry thereof, according to 
Christ's commission to his disciples, '* Go 
preach and baptihe," &c. 

The result was this, To consult, whether in 
the rubric of Private Baptism, which leaves it 
indifferently to all, these words, Curate, or law- 
ful Miuister, may not be inserted. — For the 
point of Excommunication, his mojesty pro- 
pounded, whether in causes of lesser moment 



»« 



STATE TRIALS, 1 James I. 1 60*.— Hampton Court Conference, 



[70 



the name might not be altered, and the same 
censure retained. Secondly, whether in place 
thereof unother coercion, equivalent thereunto, 
mi^lil not be invented? Which all sides easily 
Yielded unto, as long and often desired; and 
to was the end of tiie first day's Conference. 

On Monday Jan. 10, thev all met in the 
same place, with all the diuns and doctors 
above n j cm ion ed ; (I'atricL Galloway, minister 
of Perth iu Scotland, admitted also to be there) 
And hopeful prince Henry sat on a stool by his 
father. The king made a pithy Speech to* the 
same purpose which lie made the first day, dif- 
fering only in the conclusion thereof, being an 
address to the four opposers of conformity, there 
present, whom lie understood the most grave, 
learned, and modest of the aggrieved sort, pro- 
fessing himself ready to hear at large what they 
could object, and willed them to begin. 

Dr. Kcyn. All tilings disliked or questioned, 
may be reduced to the be four heads ; 

1. That the Doctrine of the Church might 
be preserved in purity, according to God's 
Word. — 2. That good pastors might be planted 
in all Churches to preach the same. — 3. That 
the Church- government might be sincerely 
ministered according to God's Word. — 4. That 
the Book of Common- Prayer might be fitted to 
more increase of piety. — For the first, may 
your majesty be pleased, that the Book of Ar- 
ticles ot Religion concluded on 15612, may be 
explained where obscure, enlarged where de- 
fective, \iz. Whereas it is said, Art. 16. "Af- 
ter we have received the Holy Ghost, we may 
depart from grace." Those words may be ex- 
plained with this or the like addition. Vet nei- 
ther totally, nor finally. To which end it would 
do very well, if the nine orthodoxnl Assertions, 
concluded on at Lambeth, might be inserted 
into the Book of Articics.---Sccondly, whereas 
it is said in the 23rd article, " that it is not 
lawful for any iu the congregation to preach, 
before he be lawfully called:" these words 
ou^ht to be altered, because implying one out 
of the congregation may preach,' though not 
lawfully called. — Thirdly, in the 25th article 
there scemeth a contradiction, one passage 
therein confessing Confirmation, to be a de- 
praved imitation of the Apostles, and another 
grounding it on their example. 

Bp, of Land. May your majesty be pleased, 
that the ancient Canon may he remembered, 
Schismatici contra Episcopox nun sunt uutli- 
endi. And, there is unother Decree of n very 
ancient council, That no man should he ad- 
mitted to speak against that where unto he h:ith 
formerly subscribed. — And ns for you doctor 
Reynolds, and your sociatcs, how much are ye 
bound to his majesty's clemency, permitting 
you contrary to the statute 1 Eliz. so freely to 
hpeak against the Liturgy, and Discipline esta- 
blished. Fain would I know the end you aim at, 
and whether you be not of Mr. Cartwright's 
mind, who affirmed, that we ought in ceremo- 
nies rather to conform to the Turks than to the 
Papists. 1 doubt you approve his position, be- 
came here appearing before hit majesty in 



Turkey-gowns, not in your scholastic habits, ao 
cording to the order of the universities. 

His Majesty. My Lord Bishop, something 
iu your passion I may excuse, and somt thing f 
must, imslike. I may excuse you thus tar, 
That I think you liuve just cause to be moved, 
in respect that they traduce the well-settled go- 
vernment, and also proceed in so indirect a 
course, contrary to their own pretence, and the 
intent of this meeting. 1 mislike your s>uddeu 
interruption of doctor Reynolds, whom you 
slipuld have suffered to have taken his liberty; 
For, there is no order, nor. can be any ctlec- 
tual issue of disputation, if each parly he not 
suffered, without chopping, to speak at lar^e* 
Wherefore, cither let the doctor proceed, or 
frame your answer to his motions already made, 
although some of them arc very needlets. 

Bp. of Land. Upon the first motion con- 
cerning Falling from Grace, may your majesty 
be pleaded to consider how many in these days 
neglect holiness of hie, presuming on persisting 
in Grace upon Predestination, " If I shall be 
saved, I slrdl be saved." A desperate doctrine, 
contrary to good divinity, wherein we should rea- 
son rutlier asetndendo than descendendo, from 
our obedience to God, and love to our neigh- 
bour, tc our election and predestination. As 
for the Doctrine of the Church of England, 
touching Predestination, it is in the very next 
paragraph, viz. " We ritust receive God's pro- 
mises in such wi.se as they be generally set forth 
to us in Holy Scripture, and m our doings the 
will of God is to be followed, which we have 
expressly declared unto us iu the Word of 
God." 

His Majesty. I approve it very well, as 
consonant with the place of Paul, " Work out 
vour salvation with fear and trembling." Yet 
let it be considered of, whether any thing were 
meet to be added for clearing of die doctor's 
doubt,- by putting in the word often, or the like. 
Mean time, I wish that the doctrine of Predes- 
tination may be tenderly handled, lest on the 
one side God's omuipoteucy be questioned by 
impeaching the doctrine of his eternal Predes- 
tination, or on the other side a desperate pre- 
sumption a r reared, by inferring the necessary 
certainty of persisting in Grace. 

Bp. of Loud. The second Objection of the 
doctor's is vain, it being the doctrine and prac- 
tice of the Church of England, that none but i\ 
licensed minister may preach, nor administer 
the Lord's Supper. 

His Majesty. As for Private Baptism, I 
have already with the bishop* taken order for 
the same. 

Then came they to the 2nd point of Confirm- 
ation, and upon the perusal ot the words of the 
Article, his majesty concluded the pretended 
contradiction u cavil. 

Bp. of Ijond. Confirmation is not so much 
founded on the place in the Acts of the apostles, 
but upon Ileb. vi. 2. which was the opinion, 
l»esidej the judgment of the Fathers, of Mr. 
Calvin, and doctor Fulk ; neither needeth there 
any farther proof, seeing (at I suppose) he that 



77] STATE TRIALS, 1 James I. tf<)4.— rafectin^ Reformation rfthe Church. [7S 



objected this holds not continuation unlawful ; 
but he and his party are >exed that the use 
thereof is not in their own hands, for every 
vaster to continn his own parish ; for then it 
would he accounted un Apostolical institution, 
it Dr. Reynolds were pleased but to speak his 
thoughts therein. 

Dr. llryn. Indeed seeing some didcese of a 
l.ih^p hath therein six hundred Parishes, it is 
•* tiling very inconvenient to permit Confirma- 
tion to the bishop alone ; and I suppose it im- 
possible that he can tuke due examination of 
ti*m all which come to lie confirmed. 

Bp. of Land. To the matter of fact, I an- 
swer, that bishops in their Visitations appoint 
either their chaplaius, or some other ministers, 
to examine them which are to be confirmed, 
aad lightly confirm none but by the testimony 
ct'die parsons uiid curates, where the children 
;ire bred and brought up. — To the Opinion I 
rawer, that none of all the Fathers ever ad- 
mitted any to confirm but bishops alone. Yea, 
eren St. Jerome liim self (otherwise no friend to 
bishops) confessed) the execution thereof was 
restrained to bishops only. 

Bp. of Winch. Dr. Reynolds, I would fain 
lave you, with all your learning, shew wherever 
Coohrmution was used in ancient times by any 
ether bishops; These used it partly to examine 
children, and after examination by imposition 
of hand* (the Jewish ceremony of blessing) to 
Ueu and pray over them ; and partly to try 
whether they had been baptised in the right 
tuna or no. For in former ages some baptised 
•'i>they ought) in the name ol the Father, Son, 
tad Holy Ghost. Some (as the Arians) in the 
ume of die Father as the greater, and the Son 
ia th* less. Some in the uuine of the Father by 
fee Son, in the Holy Ghost. Some not in the 
name of the Trinity, but only in the Death of 
Christ. WliereujM)n Catholic bishops were con- 
tained to examine them who were baptised in 
nttolis, concerning their Baptism, if right to 
C9£i:rm them, if amiss to instruct them. 

tib Majesty. 1 dissent from the judgment 
<i S.Jerome in his assertion, that bullous are 
£4t of divine ordination. 

Bp. of Land, Unless I could prove my Or- 
^•'tsiion lawful out of the Scriptures, I would 
uf. be a bishop four hours longer. 

Ha Mo it sty. 1 approve the calling and use 
rflj^hops in the Church, and it is my aphorism, 
1 Xo B:*hop, No King ;* nor intend I to take 
(/m£ i illation from the bishops, which they have 
it «jng enjoyed. Seeing as great reason that 
i.nt thould confirm, as that none* should 
) rtfech without the bishop's license. But let it 
U referred, whether the word Examination 
wd* not to he added to the ru brick in the title 
"iX'jfifjrroation in the Communion-hook. And 
to* Dr. Reynolds you may proceed. 

Dr. Reyti. I protest I meant not to gall any 
ain, tlioueh I perceive some took personal ex- 
ception* at my words, and desire the imputu- 
Urn of schism may not be charged upon me. 
1o proceed on die 37 th Article, wherein are 
lk« words* " The Bishop of Rome hath no 



authority In this land." These are not sufficient, 
unless it were ad Jed, nor ought to have any. 

His Majesty. Hubvmus jure, quod habemut, 
and therefore in as much as it is said he lmth 
not, it is plain enough that he ought not to 
have. 

Here passed some pleasant discourse betnixt 
the king and lords about puritans, till returning 
to seriousness : There be jam the 

Bp. of Loud. May it please your majesty 
to remember the Speech of the French ambas- 
sador, monsieur Rcgnee, upon the view of our 
solemn service and ceremony, viz. That if the 
Reformed Churches in France had kept the 
same order, there would have been thousands 
of Protestants more than there are. 

Dr. Keyn. It were well if this proposition 
might he added to the Book of Articles. < The 
intention of the minister is not of the essence 
of the sacrament,' the rather, because tome in 
England have preached it to lie essential ; and 
here again I could desire that the nine oitho- 
doxal Assertions concluded at Lambeth, may 
be generally received. 

His Maj. I utterly dislike the first part of 
your motion, thinking it unfit to thrust into the 
Book of Articles every position negative, which 
would swell the book into a volume as big as 
the Bible, and confound the reader. Thus 
one M. Craig in Scotland with his, I renounce 
and abhor his multiplied detestations avid abre- 
nuntiations, so amazed simple people, that not 
able to conceive al! their tilings, they fell back 
to popery, or remained in their former igno- 
rance. If bound to this form, the confession of 
my faith must be in my table-book, not in my 
head.— Because you speak of Intention, I will 
apply it thus. If you come hither with a good 
intention to be informed, the whole work will 
sort to the better effect : But if your intention 
be to go as you came, whatsoever shall be said, 
it will prove the intention is very material and 
essential to the end of this present action. — As 
for the nine Assertions you speak of, I cannot 
suddenly answer, iu,t knowing what those Pro- 
positions of Lambeth be. 

lip. of Land. May it please your majesty, 
this was the occasion of them, by reason of 
some controversies arming in Cambridge about 
certain points of divinity, my lord's grace as- 
sembler! some divines of special note to set 
down thi'ir Opinions, which they drew into 
nine Assertions, and so sent them to the Uni- 
versity for the appeasing of those quarrels. 

His Maj. When such questions arise 
amongst scholars, the quietest proceedings were 
to determine them in the Uuiversitv, and not 
to stuff the Book of Articles, with all Conclu- 
sions theological. — Secondly, the better course 
would he to punish the broudiers of false doc- 
trine, than to multiply Articles, which, if never 
so many, cannot pi event the contrary opinions 
of men till they be heard. 

Dean of Pauls. May it please your majesty, 
I am nearly concerned in this matter, by rea- 
son of a Controversy betwixt me and some 
other in Cambridge, upon a Proposition which 



79] 



STATE TRIALS, 1 James I. lfi(H.— Hampton Court Conference, 



[80- 



I there delivered, namely, that whosoever 
(though before justified) did commit any griev- 
ous bin, as adultery, murder, &c. do become 
ipso facto, subject to God's wrath, and guilty 
of damnation, quoad pnexentam statum, until 
they repent. Yet, so that those who are justi- 
fied according to (lie purpose of God's Election 
(though they might fill into grievous sin, and 
thereby into the present estate of damnation) 
Vet never totally nor finally from Justification ; 
but were in time renewed -by God's spirit unto 
a lively taith and repentance. Against this 
doctrine some did oppose, teaching that per- 
sons once truly justified, though falling into 
grievous sins, remained still in the state of Jus- 
tification, before they actually relented of these 
sins ; yea, and though they never repented of 
them through forget fulness or sudden death, 
they nevertheless were justified and sived. 

His Maj. I dislike this doctrine, there be- 
ing a necessity id" conjoining repentance and 
holiness of liie with true taith, and that is hy- 
pocrisy, and not justifying faith, which is sever- 
ed from them, lor although Predestination 
and Election depend not on any qualities, ac- 
tions, or works of man which are mutable, but 
on God's eternal Decree : yet such is the ne- 
cessity of Repentance after known sins com- 
mitted, that without it no Reconciliation with 
God, or Remission of Sins. 

Dr. Hcj/n. The Catechism in the Common 
Prayer-Book is too brief, and that by Mr. 
Nowel (late dean of Pauls) too long for novices 
to learn by heart. 1 icqucst therefore that one 
uniform Catechism may be made, and none 
other generally received. 

His Maj. I think the doctor's request vcrv 
reasonable, yet so, that th/ 1 Catechism may be 
made in the fewest and plainest uliirinutive 
terms that may be, not like the many ignorant 
Catechisms in .Scotland, set out by every one 
who was the Son of a good man ; insomuch 
that what was Catechism-doctrine in one con- 
gregation, was scarcely received as orthodox in 
another ; and herein I would have two rules 
ob.seived : Fir*t, That curious and deep qiu s- 
tions be avoided in the fundamental instruc- 
tion of a people, secondly, That there should 
not be so geuer.d a departure from the papists, 
that every thin-; should be accounted an error 
wherein we agree win them. 

Dr. fti un. Great is the profanation of the? 
Sabbath day, and contempt of your majesty's 
Proclamation, winch 1 earnestly desire may be 
reformed. 

This in.iti »n found an unanimous consent. 

Dr. Rti/ti. May your majesty be pleased 
that the llibic be new translated, such as are 
extant not answering the original, and he in- 
*taiioe i in three pa-titulars. 

Gai. >v. '2'>. — In tiu m-i^iual, fum^u; ill-trans- 
luted, Borderrrth. — Ps. cv. Uli. Orig. They 
werenoi d - >bedient; ill-trans., Tliev were 
not onrdient. — Ps. cvi. 30. Orig. Phine- 
has executed judgment ; ill-trans., Plu- 
nehus prayed. 

Bp.ofLand* If every aiiii's haiQQur ought be 



followed, there would be no end of translating. • 

Hit Maj. I profess I could neter yet see a 
Bible well translated in English ; but I think, 
that of all, that of Geneva is the worst. I wUh 
some special pains were taken for an uniform 
translation ; which should be done by the best 
learned in both Universities, then reviewed by 
the bishops, presented to the privy council, 
lasilv ratified by royal authority, to be read in 
the whole church, and no other. 

Bp. of Lo'td. But ii: is tit that no marginal 
note* should be added thereunto. 

His Maj. That caveat is well put in, for in 
the Geneva translation, some notes are partial, 
untrue, seditious, and savouring of traitorous 
conceits : As, when from Kxodus i. IP. Diso- 
bedience to kings is allowed in a marginal note. 
And 2 Chron. xv. lti, king Asa taxed in the 
note for only deposing his mother for idolatry, 
and not killing her. To conclude this point, 
let errors, in matters of faith, be amended, and 
indifferent things be interpreted, and ;: uloss 
added unto them. For as Barnlu* dc Neguo 
saith, that a king with some weakness, is better 
than still a change ; so ratl-er a ( imrcli with 
some faults, than an innovation. And surelv, 
it these were the greatest mutters that grieved 
you, I need not have been troubled with such 
importunate complaints. 

Dr. lteyn. May it please your majesty, 
that unlawful and seditious books be suppress- 
ed, such as Ficlerus, a Papist, Dc Jure Magi*- 
liatu$ in Su bd it as, applied against the late 
queen for the Pope. 

Bp. of Land. There is no such licentious 
divulging of those books, and none have liber- 
ty, by authority, to buy them, except stub us 
Dr. Reynolds, who was supposed would con- 
fute them. And, if such books come into the 
realm by secret conveyance-, perfect notice 
cannot be had of their importation. Besides, 
Ficlerus \va- a great disciplinarian, whereby it 
appears what advantage that sort gave unto 
the Papists, who, mutatis person it, apply their 
own arguments against princes of their reli- 
lmoi), thoimh fonnv part 1 detest both the au- 
thor and upplier alike. 

The Ld. Cecil. Indeed the unlimited liberty 
of dispelling Popish and seditious pamph!<ts 
in PauU Church-yard, and both the Universi- 
ties, hath done much miM'hief; but especially 
| oiiecali'. k ii Speculum Tn/gicum. 

Hit Muj. That is a dangerous book indeed. 

L. H. Howard. Both for matter and inten- 
tion. 

L. Chan. Of such Books, some are Latin, 
some are English, but the last dispersed do most 
harm. 

Surcf. Cecil. But tny lord of London (and 
no man else) hath done what he cjuld to sup- 
press thrill. 

His Muj. Dr. Reynolds, vim are a better 
college-man than a states-man, if meaning to 
tax the bishop of Ixiudon for MiiTcring those 
books, between the Secular Priests and Jesuits, 
to be published, which he did by warrant from 
the council, to nourish a schism betwixt them. 



$1] STATE TRIALS, V James I. \(m.—rtsperting Rtformation qf the Church. [82 



Li. Cecil. Such books were tolerated, be- 
cause by them tiie title of Spain was confuted. 
Li. Treasurer. And because therein it ap- 
pear*, by the testimony of the priests them- 
selves, that no Papists are put to death, for 
conscience only, but for treason. 

Dr. Hryn. Indeed I meant not such books 
as were printed in England, but only such as 
cane from beyond the seas. And now to pro- 
ceed to the second general point, concerning 
tit planting of learned ministers, I desire they 
be in every parish. 

His Maj. I have consulted with my bishops 
about it, whom I have found willing -and ready ' 
kerait : but, as subita evacuutio is per icu losa ; 
so twbUa mutatto: It cannot presently be per- 
formed, the Universities not affording them. 
And, yet tney afford more learned men, than the 
mum doth maintenance, which must be first 
provided. In the mean time, ignoraut minis- 
ters, if young, are to be removed, if there be ' 
ao nope of amendment; if old, their Heath 
must be expected, because Jerusalem cannot 
be built up in a day. 

Bp. of Winch. Lay patrons much cause the 
iasumciency of the clergy, presenting mean 
derks to their cures (the law admitting of such 1 
sufficiency) and, if the bis hop refuser h them, 
presently a quart impedit is sent out against 
Las. 

Bp. of Land. Because this I sec is a time 
of moving Petitions, may 1 humbly present two 
er three to your majesty: First, That there 
nay oe amongst us a praying ministry, it being j 
now come to pass, thai men think it is the 
aaly duty of ministers to spend their time in 
the pulpir. I confess, in a Church newly to be 
piftnted, preaching is most necessary, not so in 
uoe long established, that prayer should be 
neglected. 

His Maj. I like your motion exceeding well, 
sad dislike the hypocrisy of our time, who 
place all their religion in the ear, whilst 
prayer (so requisite and acceptable, if duly 
performed) is accounted and used as the least 
part of religion. 

Bp. of L-nd. My second motion is, that 
■nil learned men may be planted in every con- 
pen' ion, jrp-tly homilies may be read therein. 

Btt Maj. 1 approve your motion, especially 
•hc:e the living is not oumcicnt for the main- 
tenance of a learned preacher. AJso, where 
there be multitudes of sermons, there I would 
ha\e homilies read divers times. [Here the 
king aked the assent of the plaiutiffs, and they 
confessed it.] 

A preaching ministry is best, but where it 
may not be had, godly prayers and exhorta- 
tions do ujuch good. 

Li. Chan. Livings rather want learned 
■en, than learned men livings ; many in the 
rnivemties pining for want of places. I wish 
therefore some may have single coats (one living) 
leJore cithers have doublets (pluralities). And 
thai method I have observed in bestowing the 
uar s benefices* 
Bp sf Lomd. I commend your honourable 



care that way ; but a doublet is necessary in 
cold weather. 

Ld. Chan. I dislike not the liberty of our 
church, in granting to one man t  o benefices, 
but speak out of mine own purpose nnd prac- 
tice, grounded on the aforesaid reason. 

Bp. of Lond. My Ust motion is, tiiat Pul- 
pits may not be made Pasquils, wherein every 
discontented fellow may traauce his superiors. 

His Maj. I accept what you offer, for the 
Pulpit is no place of personal reproof, let them 
complain to me, if injured. 

Bp. if Lond. If your majesty shall leave 
yourself open to admit oi' all complaints, your 
highness shall never be quiet, nor your under- 
ofticers regarded, whom every delinquent, when 
censured, will threaten to cninphtiu' of. 

His Maj. J mean they shall complain to 
me by degrees, first to the Ordinary, from him 
to the Archbishop, from him to the lords of 
the council ; and, if in all these no remedy be 
found, then to myself. 

Dr. Ret/n. I come now to Subscription, as 
a great impeachment to' a learned ministry, 
and therefore in treat it may not be exacted at 
heretofore : for which many good men are kept 
out, though otherwise willing to subscribe to 
the Statutes of the Realm, Articles of Reli- 
gion, and the King's Supremacy. The reason 
of their backwardness to subscribe, is, because 
the Common-prayer enjoineth the Apocrypha 
books to be read in the church, although some 
chapters therein contain manifest err ours re- 
pugnant to Scripture. For instance, Ecclus. 
xlviii. 10. Elias in person is said to come before 
Christ, contrary to what is in the New Testa- 
ment. Mat. xi. 14. Luke i. 17. of Elias in re- 
semblance, that is, John the Baptist. 

Bp. of Lond. Most of the objections against 
those books, are the old cavils of the Jews, 
renewed by S. Jerome (who first called them 
Apocripha) which opinion, upon Rurfinus his 
challenge, he, after a sort, disclaimed. 

Bp. of Winch. Indeed S. Jerome saith, Ca~ 
nonici sunt ad informundos mores non ad con- 
firmandam fidem. 

His Maj. To take an even order betwixt 
both, I would not have all canonical books read 
in the church, nor any chapter out of the Apo- 
crypha, wherein any error is contained; where- 
fore let Dr. Reynolds note those chapters in 
the Apocrypha Looks, wherein those offences 
are, and bring them to the abp. of Canterbury 
against Wednesday next; and now Doctor, pro- 
ceed. 

Dr. Reyn. The next scruple against Sub- 
scription, is, because it is twice set down in the 
Common- prayer- book, Jesus said to his disci- 
ples, when by the text in the original, it is 
plain, that he spake to the Pharisees. 

His Maj. Let the word Disciples be omit- 
ted, and the words, Jesus said, be printed in a 
different letter. 

Mr. Kncustub. I take exceptions at the 
Cross in Baptism, whereat the weak brethren 
are offended, contrary to the counsel of the 
apostle, Romans xiv, 2 Corinth, viii. 
G 



83] STATE TRIALS, Uames I. 1(304— Hampton Court Conference, 



[84 



His Mtij. Distingue tempora, <$• concorda- 
bunt Scripture, great the difference betwixt 
those times and ours. Then, a Church not 
fully settled ; now, ours long established. How 
long will such brethren he weak ? Are uot 
forty-live years sutbeient tor them to grow 
strong in ? Besides, who prett rids this weak- 
ness? We require not Subscriptions of luicks 
and ideots, but of preachers and ministers, who 
arc not still (I trow) to be fed with milk, being 
enabled to feed others. Some of them are 
strong enough, if not head-strong; conceiving 
themselves able enough to teach him who last 
spake for them, and all the bishops in the hind. • 

Mr. Kncwst. It is questionable whether 
the Church hath power to institute an outward 
significant sign. 

lip. of Land. The Cross in Baptism is not 
used otherwise than a ceremony. 

Dp. of Winch. Kneeling, lifting* up of the 
hands, knocking of the breast, are significant 
ceremonies, and these may lawfully be used. 

]). of the Chap. The Kahbins write, That 
the Jews added both signs and words at the in- 
stitution of the Passover, viz. when they eat 
sour herbs, they said, ( Take and eat these in 
remembrance,' &c. When they drank wine, 
they said, ' Drink this in remembrance/ &c. 
Upon which addition, and tradition, our Saviour 
instituted the Sacrament of his last Supper, 
thereby approving, a Church may institute and 
retain a sign significant. 

His Maj. I am exceedingly well satisfied 
in this point, but would be acquainted about 
the antiquity of the use of the Cross. 

Dr. liej/n. It hath been used ever since the 
Apostles time; but the question is, how ancient 
the use thereof hath been in Baptism. 

D. of Wtstm. It appears out of Tertullian, 
Cyprian, and Origen, that it was used in im- 
mor/ali lavacro. 

Bu. of Winch, In Constantine'* time it was 
M?ea in Baptism. 

Hit Maj. If so, I see no reason but that 
we may continue it. 

Mr. Kncwst. Put the case the Church hath 
power to add significant signs it may not add 
them where Christ hath already ordained them, 
which is as derogatory to Christ's institution, 
as if one should add to the great seal of Eng- 
land. 

His Maj. The case is not alike, seeing the 
Sacrament is fully finished, before any mention 
©f the Cross is made therein. 

Mr. Knevst. If the Church hath such a 
power, the greatest scruple is, how far the or- 
dinance of the Church bindeth, without im- 
peaching Christian liberty. 

His 'Mtij. I will mil an;ue that poiut with 
you, but an*wer a* kings in parliament, Lr. Roy 
i'uxixt'va; This is like Mr. John Black, a beard- 
less boy, w ho told me, the last Conference in 
Scotland, (T)cc. 160',!,) that he would hold con- 
formity with his majesty in matters of Doctrine; 
but every man for Ceremonies was to he left 
to his own liberty. But I will have none of 
that, I will have one Doctrine, one Discipline, 



one Religion, in substance, and in ceremony. 
Never speak more to that point, how far you 
ate hound to obey. 

Dr. Reyn. Would that the Cross, being 
supcrstitioubly abused in P«#pery, were aban- 
doned, as the Brazen Serpent was stamped to 
powder by ilezekias, because abused to idola- 
try. 

His Muj. In as much as the Cross was 
abused to superstition in time of Popery, it 
doth plainly imply that it was well used before. 
I detest their courses, who peremptory disal- 
low of all things, which have been abused in 
Popery, and know not how to answer the ob- 
jections of the Papists, when they charge us 
with novelties, but by telling them, we retain 
tlie primitive use of thing*, and only forsake 
their novel corruptions. Secondly, no resem- 
blance betwixt the Brazen Serpent, a material 
visible thing, and the sign of the Cross, made 
in the air. Thirdly, Papists (as 1 am informed) 
did never ascribe any spiritual Grace to the 
Cross in Baptism. Lastly, material Crosses, to 
which people fell down in time of Popery (as 
the idolatrous Jews to the Brazen Serpent) are 
already demolished, as you desire. 

Mr. Kncwst. I take exception at the wear- 
ing of the Surplice, a kind of garment used by 
the priests of Isis. 

His Maj. I did not think, till of late, it had 
been borrowed from the Heathen, because 
commonly called a rag of Popery. Seeing now 
we border not upon heathens, neither are any 
of them conversant with, or commorant amongst 
us, thereby to be continued in Paganism ; I §ee 
no reason but for comeliness-sake, it may be 
continued. 

Dr. llcyn. I take exception at these words 
in the Marriage, * with my body I thee wor- 
ship.* 

His Maj. I was made believe, the phrase 
imported no le*>s than divine adoration, but find 
it an usual English term, as when we sav, ( a 
gentlcmnn of worship/ and it ngreeth with the 
Scriptures, * giving honour to the wife.' As for 
you, Dr. Reynolds, many men speak of Robin 
Hood, who never shot m his bow. (This the 
king spake smiling.) it' you had a good wife 
yourself, you would think all worship and ho- 
nour you could do her, were well bestowed on 
her. 

D. nfSitrum. Some take exception at the 
Ring in Marriage. 

Dr. Riyn. 1 approve it well enough. 

HU M«j. I was married with a Ring, and 
think others scarce well married without it. 

Dr. Rtyn. Some take exceptions at the 
Churching of Women, by the name of Purifi- 
cation. 

His Muj. I allow it very well, women be- 
ing loath of themselves to come to church, I 
like this, or any other occasion to draw them 
thither. 

Dr. Rcyn. My last exception is against 
committing Ecclesiastical Censures to lay-chan- 
cellors, the rather, because it was ordered, 
anno 137 1, that lay-chance Uors, in matters of 



13] STATE TRIALS, 1 James I. ~]604._ respecting Reformation cfihe Church. [80 



Correction, and anno 1589, in matters of In- 
stance, should not excommunicate any, but be 
done, only by them who had power of the 
Keys, though the contrary is commonly prac- 
tised. 

Hit Maj. I have conferred with mv bishops 
about this point, and such order shall be taken 
therein as is convenient. Mean time go on to 
fume other matter. 

Dr. Rcyn. I desire, that according to cer- 
tain provincial constitutions, the clerev may 

re meetings every three weeks. — 1. First in 
Roral Deaneries, therein to have prophesying, 
ts arch-bishop Griudall, and other bishops, de- 
sired of her late majesty. — 2. 1 hat such things 
is could not be resolved on there, might he 
referred to the arch-deacons visitations. — 3. 
And so to the Episcopal Synod, to determine 
such points before not decided. 

His Maj. If you aim at a Scottish Presby- 
tery, ic agree th as well with monarchy, as God 
and the devil. Tlien Jack, and Tom, "and Will, 
and Dick, shall meet and censure me and my 
council. Therefore I reiterate my former 
speech, Le Roy s'uvisera ; Stay, I pray, for 
one seven years, before you demand, and then 
if you find me grow pursy and fat, I may, per- 
chance, hearken unto you, for that government 
will keep me in breath, and give me work 
enough. I shall speak of one matter more, 
somewhat out of order, but it skilleth not; Dr. 
Reynolds, you have often spoken for my Supre- 
macy, and it is well : but know you any here, 
or elsewhere, who like of the present govern- 
ment ecclesiastical, and dislike my Supremacy ? 

/Jr. Ret/n. I know none. 

* 

His Maj. Why then I will tell you a tale : 
liter that the religion restored by king Edward 
the sixth, was soon overthrown by queen Mary 
here in England, we in Scotland felt the effect 
of it. For thereupon Mr. Knox writes to the 
queen regent (a virtuous and moderate lady) 
telling tier that she was the supreme head of 
die Church ; and charged her, as she would 
uwrer it at God's tribunal, to take care of 
Christ his Evangil, in suppressing the Popish 
Prelates, who withstood the same; but how 
nog trow you did this continue ? Even till by 
Iter authority, the Popish bishops were repress- 
ed, and Knox, with his adherents, being brought 
io, made strong enough. Then began they to 
make small account of her supremacy, when, 
Jwrording to that more light, wherewith they 
were illuminated, they made a farther refor- 
mation of themselves. How they used the 
Poor lady my mother, is not unknown, and 
L»/w they dealt with me in mv minority. I 
thus apply it. My lords, the bishops, I may 
[This hs said putting his hand to his hat] 
thank you that these men plead thus for my 
Supremacy. They think they cannot make 
th<*ir party good against you, but by appealing 
cnto it; hut if once you were out, and they in, 
1 know what would become of my Supremacy, 
hr No Bishop, No King. I have learned of 
»1 at cm they have been, who, preaching before 
me, sine* my coming into England, passed 



over, with silence, my being Supreme Governor 
in causes ecclesiastical. Well, doctor, have you 
any thing el-re to say ? 

Dr. lieyn. No more if it please your ma- 
jesty. 

His Maj. If this be all your party haih to 
siay, I will iuake them conform themselves, or 
else I will harrie them out of the land, or eke 
do worse. 

Thus ended the second day's Conference, 
and the third began on the Wednesday follow- 
ing, Jan. 18, many knights, civilian?, and dor- 
tors of the law, bei"? admitted thereunto, be- 
cause the High Commission was the principal 
matter in debate. 

His Maj. I understand, that the parties 
named in the High Commission ore too nvmv, 
and too mean, and the matters they deal with, 
base, such as ordinaries at home in their courts 
miuht censure. 

Abp. of Cant. It is requisite their number 
should be many, otherwise I should be forced 
oft en-times to sit alone, if in the absence of the 
lords of the council, bishops, and judges at law, 
some deans and doctors were not put into that 
Commission, whose attendance 1 might com- 
mand with the more Authority : I have often 
complained of the meanness of matteis handled 
therein, but cannot remedy it. For though the 
offence be small, that the Ordinary may, the 
offender oft-times is so great, and contuma- 
cious, that the Ordinary dare not punish him, 
and so is forced to crave help at the High Com- 
mission. 

A nameless Lord. The proceedings in that 
court, are like the Spanish Inquisition, wherein 
men are urged to subscribe more than law re- 
quired!, and by the oath ex officio, forced to 
accuse themselves, being examined upon twenty, 
or twenty four Articles on a sudden, without 
deliberation, and for the most part against 
themselves. — In proof hereof, he produced a 
Letter of an amient honourable counsellor, An. 
1584, verifying this' usage to two ministers iu 
Cambridgeshire. 

Abp. of Cant. Your lordship is deceived in 
the manner of proceeding ; for, if the Article 
touch the party for life, liberty, or scandal, he 
may refuse to answer; I can say nothing to 
the particulars of the letter, because twenty 
years since, yet doubted not, but at leisure, to 
give your lordship satisfaction. 

Lord Chan. Th^re is necessity, and use of 
the oath ex officio, in divers courts, and causes. 

His A/ry. Indeed civil proceedings only 
punish facts ; but it is requisite that Fame and 
Scandals be looked unto in courts ecclesiastical, 
and yet great moderation is to be used therein. 
1. In grui'ioribtts criminibus. 2. In such 
whereof there is a public fame, caused by 
the inordinate demeanour of the offender. — 
And here he soundly described the oath ex 
offiao, for the ground thereof, the wisdom of 
the law therein, the manner of proceeding 
thereby, and profitable effect from the same. 

Abp. of Cant. Undoubtedly your majesty 
speaks by the special as&istanca of God's spirit. 



87] STATE TRIALS, 1 James I. 1604— Hampton Court Conference, 



[8» 



Bp. of Loud. I protest ray heart melteth 
with joy, that Almighty God, of his singular 
mercy, hath given us such a king, as, since 
Christ's time, the like hath not been. 

The;i passed there much discourse between 
the king, the bishops, and the lords, about. the 
quality of the persona, aud causes in the High 
Commission, rectifying Excommunications in 
mailers of less moment, punishing Recusants, 
providing Divine^ for Ireland, Wales, and the 
Northern Borders. Afterwards the four preach- 
ers were called in, and such alteration* in the 
Liturgy were read unto them, which the bishops, 
by the kmg's advice, had made, and to which, 
by their silence, they seemed to consent. 

His Mnj. l.see the exceptions against the 
Communion-book, are matters of weakness, 
therefore if the persons reluctant be discreet, 
they wdl be won betimes, and by good persua- 
sions : if indiscreet, better they were removed, 
for by their factious many are driven to be 
, Papists. From you Dr. Reynolds and your 
associates, I expect obedience and humility 
(the marks of honest and good* men) and that 
you would persuade others abroad by your 
example. 

Dr. lifyn. We here do promise to perform 
all duties to bishops sw reverend fathers, and to 
join with them against the common adversary 
for the quii»t of the Church. 

Mr. C builer! on. 1 request the wearing of the 
Surplice, and the Cross in Baptism may not be 
urged on some godly ministers in Lancashire, 
fearing, if forced unto them, many won by their 
preaching of the Gospel will revolt to Popery, 
and r particularly instance in the vicar of 
Hsitsdvdc. 

Abp. of Cant. You could not have light 
upon n worse, for not many years ago (as my 
lord chancellor knows) it was proved before me, 
tha$ by Ins unrevefent usage of the Eucharist 
(dc-iiii^ the bread out of a bucket, every man 
putting ;n his hand, and taking out a piece) he 
nm k inuiy lo«ith the Communion, and refuse 
to (Min«» to Church. 

J/m 'Maj, It is> not my purpose, and I dare 
sav a id not the bi*hops intent, presently, and 
out or hand, to enforce thc»e things, wilhout 
father! v- 1 1 '.monitions, conferences, and persua- 
sions, »: viiised ; but I wish it were examined, 
whether >vc'-. Lancashire ministers, by their 
pains atirl . • i hing, have converted any from 
Popery, and withal be men*of honest life, and 
quiet conversation. If so, let letters be written 
to the bishop of Chester [Rich.. Vauuhan, 
Afterwards bishop of Lnnd<«n| (who if* a grave 
aud good man) to that purpose, that some 
favour may be afforded unto them, and let the 
lord archbishop write the letters. 

Bp. of Ijond. If this be granted, the copy 
of these Letters vtill fly all over England, and 
then nil non-conformists will mule the like 
request, und so no fruit follow of t^iis Confer- 
ence, but things will be worse than they were 
before. I desire therefore a time may be 
limited, within the compass whereof they shall 
conform. 



His Moj. I assent thereunto, and let the 
bishop of the diocese set down the time. 

Mr. Kncwst. I request the like favour of 
forbearance to some honest ministers in Suffolk. 
For it will make much against their credits in 
the country, to he now forced to the Surplice, 
and Cross in Baptism. 

Abp. of Cant. Nay, sir 

His tilaj. Let me alone to answer him. 
Sir, you shew yourself an uncharitable man. 
We have here taken pains, and, in the end, 
have concluded on unity and uniformity, and 
you, forsooth, must prefer the credits oft a few 
private ineu before tne peace of the Church. 
This is just the Scotch argument, when any 
thing was concluded, which disliked some hu- 
mours. Let thein either conform themselves 
shortly, or they shall hear of it. 

Ld. Cecil. The indecency of Ambulating 
Communions, is very offensive, and hath driven 
many from the Church. 

Bp. of Land. And Mr. Chaderton, I could 
tell you of Sitting Communions in Emanuel 
college. 

. Mr. Chad. It is so, because of the scats so 
placed as they be, and yet we have some 
kneeling also in our chapel. 

His Muj. No more hereof for the present, 
seeing they have jointly promised hereafter to 
be quiet and obedient. — Whereat he rose up 
to depart into an inner chamber. 

Bp. of Lond. God's goodness be blessed 
for your majesty, and give health and prosperity 
to "your highness, your gracious queen, the 
young prince, and all the royal issue. 

Thus ended the three days Conference, 
wherein how discreetly the, kiug carried him- 
self, posterity (out of the reach of flattery) is 
the most competent judge, such matters being 
most truly discerned at distance. It is gene- 
rally said, that herein he went above himself; 
that the bishop of London appeared even with 
himself, and T)r. Reynolds fell much beneath 
himself. Others observed that abp. Whitgift 
spake most gravely ; Bancroft (when out of 
passion) most politicly ; Bilson, most learned- 
ly. And of the divines, Mr. Reynolds most 
largely ; Knew stubs most affectionately ; Cha- 
derton most sparingly. In this scene, only 
Dr. Sparks was &$&» *p*mw*, making use of 
his hearing, not speech, converted (it seems) 
to the truth of what was spoken, and soon after 
setting forth a Treatise of Unity and Unifor- 
mity. — But the nonconformists complained, 
that the kipg sent for their divines, not to have 
ihcir ^cruples satisfied, but his Pleasure pro- 
pounded ; nor that he mi^ht know what they 
couid say, hut they what he would do, in the 
matter. Betides, no wonder if Dr. lirynulds 
a little lost himself, whose eyes uere partly 
dazzled with the light of the king's majesty, 
partly daunted with the he.it of his displeasure. 
Others complain, that this Conference is par- 
tially set foith only hy Dr. B.irlow, dean of 
Chester, their pr»tVssed adversary, to the crent 
disadvantage of their divines. And when the 
Israelites go down to the Philistines, to whet all 



»] STATE TRIALS, 1 James L 1604.— respecting Reformation of the Church. [90 

may be removed, some amended, tome quali- 
fied.— 1. In the Church Service. That the 
Cross in Baptism, Interrogatories ministered to 
infants, Confirmation, as superfluous, may be 
taken away. Baptism not to be ministered by 
women, and so explained. The Cap and Sur- 
plice not urged. That Examination may go - 
before the Communion. That it he ministered 
with a sermon. That divers terms of Priests, 
and Absolution, and some other used, with the 
King in Marriage, and other such like in thq 
Book, may he -corrected. The long-someness 
of Service abridged. Church songs, and Mu- 
sic moderated to better edification. That the 
Lord's day be not profaned. The rest upon 
Holy days not so strictly urged. That there 
may be an uniformity of doctrine prescribed. 
No Popish opinion to be any more taught, or 
defended. No ministers charged to teach 
their people to bow at the name of Jesus. 
That the canonical Scriptures only be read in 
the Church. — 2. Concerning Church Ministers. 
That none hereafter he admitted into the mi- 
nistry, but able and sufficient men, and those 
to preach diligently, and especially upon the 
Lord's day. That such as be already entered, 
and cannot preach, may either be removed, 
nud some charitable course taken with them 
for their relief; or else to be forced, according 
to the value of their livings, to maintain 
preachers. That Non-Residence be not per- 
mitted. That king Edward's statute, for the 
lawfulness of Ministers Marriage, be revived. 
That ministers be not urged to subscribe, but, 
according to the law, to the Articles of Reli- 
gion, and the king's supremacy only. — 3. For 
Church Livings, and Maintenance. That bi- 
shops leave their Comuiendams; some holding 
prebends, some parsonages, some vicarages with 
their bishoprics. That double beneficed men be 
not suffered to hold, some two or three Benefices 
with Cure : and some, two, three, or four Dig- 
nities besides. That Impropriations annexed 
to bishoprics and colleges, be demised only to 
the preachers incumbents, for the old rent. 
That the Impropriations of Laymen's fees may 
be charged with a sixth or seventh part of the 
worth, to the maintenance of the preaching 
minister. — *. For Church Discipline. That the 
Discipline, and Excommunication may be admi- 
nistered according to Christ's own institution : - 
or at the least, that enormities may be redress- 
ed. As namely. That excommunication come 
not forth under the name of lay-persons, chan- 
cellors, officials, &c. That men be not excom- 
municated for trifles, and twelve- penny matters. 
That none be excommunicated without con- 
sent of his pastor. That the officers be not 
suffered ro extort unreasonable fees. Thit 
none, h;iving jurisdiction, or registers place*, 
put out the same to farm. That divers Popish 
Canons (as for restraint of marriage at certain 
times) be reversed. That the longsoineness of 
suits in ecclesiastical courts (which hang some* 
times two, thiee, four, five, six, or seven years) 
may be restrained. That the oath ex officio, 
whereby men are forced to accuse themselves. 



their iron tools, no wonder if they set a sharp 
edge on their own, and a blunt one on their ene- 
mies weapons. — ThisConference produced some , 
alterations in the Liturgy, woinens baptizing of 
ia&nts, formerly frequent, hereafter forbidden ; 
to the rubric of Absolution, Remission of Sins 
inserted, Confirmation termed also an Exami- 
mation of Children, and some words altered in 
tke Dominical Gospels, with a resolution for a 
new Translation of the Bible. But whereas it 
ms hitherto disputable, whether the north, 
wsere lie long lived, or the south, whither he 
My came, should prevail most, on the king's 
judgment, in Church-government ; this doubt 
was now clearly decided. Hence forward 
■any cripples in conformity, were cured of 
their former halting therein, and such, wklf 
knew not their own, till they knew the king's 
nind in this matter, for the future, quietly 
digested the Ceremonies of the Church. 

The following is the Millenary Petition. 

" The humble Petition of the Ministers of the 
Church of England, desiring Reformation 
of certain Ceremonies, and Abuses of the 
Church. 
u To the most christian, and excellent prince, 
oar gracious and dread sovereign, James by 
the grace of God, &c. We the Ministers of 
the Church of England, that desire Reforma- 
tion, wish a long, prosperous, and happy 
reign over us in this life, and in the next 
everlasting salvation. 

u Most gracious and dread Sovereign ; Seeing 
it bath pleased the Divine Majesty, to the 
great comfort of all good Christians, to advance 
jw highness, according to your just title, to 
fee peaceable government of this Church and 
Coatmon-wealth of England : We the Minis- 
ters of the Gospel io this land, neither as fac- 
tions men, affecting a popular parity in the 
IWcb, nor as schismatics aiming at the disso- 
lution of the state ecclesiastical ; but as the 
fahfal servants of Christ, and loyal subjects 
to toor majesty, desiring and longing for the 
tttttss of divers abuses of the Church ; could 
•» so less, in our obedience to God, service to 
ynr majesty, love to his Church, than acquaint 
war princely majesty, with our particular 
frids : for, as your princely pen writeth, The 
ud£ as a good physician, must first know what 
peccant humours his patient naturally is most 
subject unto, before he can begin his cure. 
And, although divers of us that sue for Refor- 
mation, nave formerly, in respect of the times, 
itUtribed to the Book, some upon protetta- 
l*). some upon exposition given them, some 
«uh condition, rather than the Church should 
fere been deprived of their labour, and minis- 
try; yet now, we, to the number of more than 
i thousand, of your majesty's subjects and mi- 
ftacers, all groaning, as under a common bur- 
ton, of human rights and ceremonies, do, with 
•* joint consent, humble ourselves at your 
majesty's feet, to be eased and relieved in this 
WaalC Oir homble suit then unto your ma- 
jor* it, tint Cfecse offences following, some 



01] STATE TRIALS, 1 James I. 1604.— The Case between Sir Francis Goodwin [9f 



be more sparingly used. That Licenses for 
Marriage, without Banns asked, he more cauti- 
ously granted. — These, with such other abuses, 
yet remaining, and practised in the Church of 
England, we arc able to shew, not to be agree- 
able to the scriptures, if it shall please your 
highness farther to hear us, or more at large by 
writing to be informed, or by conference 
among the learned to be resolved. And vet 
wc doubt not, but that, without any farther 
process, your majesty (of whose Christian judg- 
ment we nave received so good a taste already) 
is able of yourself, to judge of the equity of 
this cause. God,' we trust, hath appointed your 
highness our physician to heal these diseases. 
And we say with Mordecai to Hester, " who 
knoweth, whether you are come to the king- 
dom for such a time ?" Thus your majesty 
shall do that, which, wc arc persuaded, shall be 



acceptable to God, honourable to pour majesty 
in all succeeding ages, profitable to his Church, 
which shall be thereby increased, comfortable 
to your ministers, which shall be no more sus- 
pended, silenced, disgraced, imprisoned for 
men's traditions; and prejudicial to none, but 
to those tiiat seek their own quiet, credit, and 
protit in the world. Thus, with all dutiful sub- 
mission, referring ourselves to your majesty's 
pleasure, for your gracious answer, as God shall 
direct you: we most humbly recommend your 
highness to the Divine Majesty : whom we be- 
seech for Christ his sake to dispose your royal 
heart to do herein, what shall be to his glory, 
the good of his Church, and your endless com- 
fort. — Your majesty's most humble subjects, 
tUb Minister* of the Gospel, that desire not a 
disorderly Innovation but a due and godly Re- 
formation. 



77. The Case between Sir Francis Goodwin and Sir John For- 
tescuk, relative to a Return for the County of Buckingham; 
as it stands upon the Journals of the House of Commons : 
1 Jac. I. a. d. 1604. 



Introduction. 

From 1 Cobb. Pari. Hist. 997. 

ON the 20th of March 1604, upon a motion 
of the lord Cecil, a Conference was agreed 
upon to be had with a certain number of the 
Lower House, concerning the public State of 
the Nation ; and on two things, in particular, 
Purveyors and Respite of Homage. To which 
the Commons desired might be added another 
article concerning the matter of Wards : 
answer was returned back, by the Lords, " That 
they liked well the motion for a Conference, 
touching the lust mentioned matter. Bur, wirh 
all, because there were several other things 
that did concern the public state ; of which it 
was likewise proper to have conference, before 
hand, for the better furtherance of the public 
service ; and, in regard, the said matters were 
of importance, their lordships desire them to 
increase the number of their committee as 
they intended to tlo theirs." A large Com- 
mittee of lords were accordingly appointed, 
consisting of nine earls, one viscount, six bishop?, 
and 13 barons ; who were to be attended by 
the two lord chief justices, fourjudges, Mr. Ser- 
jeant Crook, and Mr. Attorney-General. The ] 
commons deputed about 60 knights and -bur- 
gesses of their house ; and this is nil th;it the 
Journals of the Lords mention of this matter. 
But the Journals of the Commons are not so 
silent ; for it was, indeed, a business of im- 
portance to the liberties and Privileges of that 
House. Hapin, (from Coke) represents this 
affair as another instance of this king's aiming 
at absolute power. In order to introduce this 
matter, we shall give a paragraph from this 
authors History of England, (v. ii, p. 168) 
and then subjoin the whole Account, as it 



stands in the Journals of the Commons at this 
day. " Immediately after the opening of the 
Parliament the Commons examining, according 
to custom, the contested Elections, there was 
a debate in the house about the return of sir 
Francis Goodwin, and sir John Fortescue, for 
knight of the shire for the county of Bucks, 
and upon a full hearing, sir Francis was de- 
clared duly elected. Three days after, the 
Lords sent a Message to the Commons, that 
there might be a Conference about Goodwin's 
election. The Commons, surprized at so extra- 
ordinary a Message, answered, They did not 
think themselves obliged to give an account of 
their proceedings, and therefore could not 
grant the Conference required. The Lords 
replied, the king having been acquainted with 
what had passed in Goodwin's Case, thought 
himself engaged in honour to have the affair 
debated again, and had ordered them to confer 
with the Commons upon it. Whereupon, the 
Commons, by their Speaker, guve their Rea- 
sons to the king, why they could not admit of 
this innovation. But all they could obtain 
was, that instead of a Conference with the 
Lords, the king commanded them to confer 
with the Judges. This pleased them no more 
than the other. They set down their Reasons 
in writing, and delivered them at the Council- 
Chamber, to desire their lordships to intercede 
for them to the king, not to violate their pri- 
vileges. The Answer was, the king absolutely 
commanded them to have a Conference with 
the Judges. The Commons were extremely 
surprized at so absolute an order. Mean- 
while, fearing to be accused of too easily en- 
gaging in a quarrel with the King, they thought 
it more proper to yield, than stand out, fully 
bent however to adhere to what had been de- 



_.._ k 



(JJ 



STATE TRIALS, I James I. I not — and Sir Join Fortune 



[M 



leniiined in the Case or Hie contested election. 
Certainly, the kin); had engaged in a very nice 
amnr, and probably would nut have come off 
with honour, had lie not been disengaged by 
Goodwin's moderation. Sir Francis, chilling 
to forfeit his right rather thun occasion a quar- . 
ret between the Kin; and the Commons, de- 
wed rtie house to order the County of Bucks 
to elect another knight in his stead. The j 
King oAtl Coiiihiui'b equally accepted of this > 
tifedienr, »hich prevented them from coming 
U extremities ; but the king found from hence, 
ttat mi great account was made of the procla- 
mation upon colring the parliament whereby he | 
■want to be master 'if the elections." Tims I 
tar Mr. Kapin. This Case of sir Francis 
Goodwin was printed, by Order of the House 
of Common?, in 1704, under the direction of 
Ruben Harley, e?q. (afterwards earl of Oxford) 
then Speaker, on occasion of the famous 
Debate, at that time, upon [he Aylesbury 
EWctioo. 

The C*sb. 
VieJovii21 Martii, 1603-4. ' 

The first motion was made by sir William 
Fleetwood, one of the knights returned for the 
Coumy ot* Bucks, on the behalf of sir Francis 
Goodwin, knight ; who, upon the first Writ of 
Summons directed to the Sheriff of Bucks, 
was elected the first Knight for that shire ; but 
me Return of his Flection being made, it was 
refused by the Clerk of the Crown (quia utla- 
ftn) : and because sir John l'ortescue, upon 
a second Writ, was elected, and entered 1 in 
that place, his desire was, that this Iteturn 
m-iit be examined, and sir Francis Goodwin 
m.iied as a member of the house. The 
name pave way to the motion ; and for a 
■ore deliberate and judicial proceeding in a 
cue of privilege so important to the house, 
Ordered, * That the Serjeant (the pruper of- 

* BCcr of tile house) should give warning lo (lie 
1 Clerk of the Crown to appear at the bar at 

* eight o'clock tlu> next morning, nnd to bring 
1 wuh him all the Writs of Summons, Inden- 
' nets, and lie turns of Election for the county 
' ofBocka, made and returned for this Pnrlia- 
' mna ; and to give warning also to sir Frsn- 
' ri» Goodwin to attend in person, whom their 
' pleasure was to hear, ore tetiiit, to deliver 
' the state of his own cause, and the manner 
' and reasons of the proceeding in the Election 
'of the Knights of the Shire fur that County.' 

This being a motion lending to Mailer of 
Pmilege, was seconded with another by Mr. 
Serjeant Shirley, touching an arrest of sir Tho. 
laW, &c. 

Die Veneris 23 Martii, 1603-4. 
Sir George Copping, knight, Clerk of the 
Crown in the Chancery, this day, (according to 
(inner order) bring attended by the Serjeant 
<* the House with nis mace, appeared at the 
Lar, and produced all the Writs of Summons, 
ladentuiea, and Returns made of the Knights 
fcr Buckinghamshire: for this Parliament ; 
■hhcfa wen aavtrally read by the Clerk of the 



House, and then the Clerk of the Crown com- 
manded to retire to the door : And after, sir 
Francis Goodwin himself (whom it specially 
concerned) attending lo know the pleasure of 
the house, was called in, to deliver the state of 
his own cause, ore leaus ; wherein be was 
beard at large, and commanded again to retire 
jnlil the house had determined what to do. 

In this mean time the whole case was at 
large opened, and argued pro ci contra by sun- 
dry learned and grave Members of the house, 
nnd after much dispute tlie question was agreed 
upon, and made. 

Quest. ' Wbetlter sir Francis Goodwin were 
' lawfully elected and returned one of the ' 
1 Knights for Bucks ; and ought to be admitted 
' and received as a Member of this House i • 

Upon this question it was, HesoU'ed in the 
affirmative, " That he was lawfully elected 
and returned, and, tie jure, ought to be receiv- 
ed." Hereupon the Clerk of the Crown was 
commanded to file the iirst Indenture of Be- 
luni : and order was given, that sir Francis 
should presently take the Oath of Supremacy 
usual, and his place in the House; which bet 
did accordingly. 

Bit Maria 37 Martii 160-1, 
Sir Francis Bacon, in reporting a conference 
'it h the lords, touching Wardship and oilier 
tilings, reported thai a lord touched the Cnse of 
sir Francis Goodwin as a thing be had heard at 
large, hut did not understand it ; and therefore 
desired to know it mote particularly from this 

Answer was made, That they had no War* 

nt from the house to speak of it. 

Sir Edward Coke, bis majesty's attorney- 
general, and Mr. Dr. Hone, bring a Message 
Iroin the lords, expressing with what accepta- 
tion their lordships entertained their mutton 
yesterday, not only for the mutter being of 
very great weight and consequence, but espe- 
cially for the manner ; namely. That, touching 
Wardship, they would not petition for ease in 
it as a matter of wrong, but of grief; and pray 
to be relieved by grace, and not by justices 
And llicir lordships for answer were desirous, 
and moved at that time lo couple in the same 
petition the matter of grievance, of Respite of 
Hoinuge, which his majesty, out of his gracious . 
favour and love to his people, had himself 
taken knowledge of. ' And as they conceive 
' it to be likely, that the conference may con- 
' tinue between the two houses, touching the 
' said mutters i as they are very jealous of the 
' furtherance of their purpose, so are ihcy 
' jealous of any impediment that may breed 
1 lett, or hindrance therein ; therefore ihey de- 
' sire, for a more clear proceeding and remov- 
1 ingot' all stumbling-blocks, that the former 
' committees may, in a second conference to 
' be had, have authority lo treat touching the 
' Case of sir Francis Goodwin, the Knight for 
' Buckinghamshire, first of all, hefoie any other 
1 matter were farther proceeded in.* 

A. The answer to this McMfgr, (a* in suclt 



95] STATE TRIALS, 1 James I. 100+.— The Cmktwtm Sir Francit Goodwin, [M 

cases ia fur the more put usual) ' That the; '. 
would return answer by messengers of their ; 



Upon this Message it was argued by some, 
' That in no sort ttiey should give account to 

* the lords of their proceedings in the house ; 
' but tliat Mr. Spender should from the house 

* be a suitor to iiis majesty, to have access, 
. ' and as <heir common mouih give his highness 

1 satisfaction by direction from the house : 
' That now the Judgment of sir Francis Oood- 

* win's case having passed the house, it could 

* not, nor ought not, to be reversed by them. 
» A Precedent, ST Eiiz. cited ; where a Bill 
' brought down from the lords, upon the first 

* reading was /ejected; the lords sent inescen- 
' ger* to demand a reason of their Judgment. 

* It was denied to yield any reason.' 

This Argument brought forth this Question, 
which Mr. Speaker was ordered by the house 
presently to make, viz. 

Quest. * Whether lliey should confer with 

* the lords, touching the Caw of sir Francis 
' Goodwin the Knight for Buckinghamshire?' 

* And Resolved, Tlnrt they should not." 

It was then considered us fn to return some 
Answer of the Message from tin' lords ; and 
Mr. Secretary Herbert, with some other of the 
Committees, were appointed to deliver to their 
lordships, from the house ; ' That they did 
' conceive it did not stand with the Honour 
' and Order of the house, to give account of 
" any their proceedings or doings : but if their 
' lordships have any purpose tr> confer for the 

* residue, that then they will be ready at such 
' time and place, and with such number as 
' their lords!] ii.s stud] think meet.' 

Upon the lust Message to the lords, the 
messengers return, ' That their lordships would 

* presently send answer by messengers of tlieir 

Sir Edward Coke, his majesty's Attorney- 
General, Mr. Dr. Cure*, Mr. Dr. Hone, and 
Mr. Tyndall, delivered from the lords, ' That 

* their lordships taking notice in particular of 

* the Return of the Sheriff of Burks; and ao 

* quninting his majesty with it, his highness 
' conceived himself engaged and touched in 
' honour that there might be some conference 
' of it between the two houses : und to tbiit 
' end, signified his pleasure unto them, and by 
' them to this house.* 

Upon this Messmze, so extraordinary ond 
unexpected, the house entered in some c'xui- 
demtion what were lit to be done ; and lie- 
solved, ' That bis majesty misfit be moved for 
access rhene&t duv.' Anil altcrwnrdj they un- 
derstood his pleasure to be, ' Tlial ihev should 
attend at Whitehall ut eight the next morning. 1 
But because the time was then somen hut far 
•pent, they Ordered, ' That the House with 
Mr. Speaker, should meet ut ait the next 
morning in the house.' 

Yet afore their rising, ihey thought fit to 
name a Committee, to set down the effect of 
that which Mr. Spenker was to deliver from 
tit* house to tbc king, viz, sir Francis Bacon, 



Mr. Weotworth, Mr. Martin, Mr. Serj. Sing, 
sir Rob. Wroth, Mr. Fr. Moore, sir Henry 
Mountague, sir Wm. Fleetwood, Mr. Fuller, 
Mr. Serj. Tuuneld, Mr. Serj. Hobbard, sir 
Robert Wiugficld, Mr. Hide, Mr. Diet, Mr. 
Winch, sir Edwin Saudis, sir Fr. Hastings, 
Mr. Wiseman, sir Geo. Moore, sir Edw. 
Hobby, sir Rob. Cc.tton, sir Tim. Lake, sir 
Oliver St. John, sir Edw. Stafford, Mr. An- 
throbus, Mr. Serj. Dodridge, sir Roger Wil- 
bruharo, Mr. Solicitor, sir Edw. Tyrrel, to meet 
at 4 o'clock this afternoon at the P»rltnment- 
Cuamber in the Middle-Temple. 

Iiit Merturii, w. 28 die Martu. 

Mr. Speaker, with a great number of the 
house, assembled at 6 a-dock this morning, 
with a purpose to treat and resolve what should 
be delivered to his majesty, (being appointed to 
attend him the same morning at 8 a-cluck) 
touching the Reasons of their Proceedings in 
sir Francis Goodwin's Case: but because the 
bouse was not then thought full enough for a 
matter of that consequence, they proceeded to 
the reading of Bills. 

Upon motion touching Mr. Speaker's attend- 
ance on the king, a Committee was named to 
accompany him, vi*. All the Privy-Council, 
being members of the house: Sir George Carew, 
Vice-Chamberlain to the queen, sir Francis 
Bacon, Mr. Serj. Dodridge, sir Henry Moun- 
tague, Mr. Serj. Hobbard, Mr. Serj. Lee, Mr. 
Fuller, Mr. Hide, Mr. Francis Moore, Mr. 
Winch, Mr. Tate, Mr. Rd. Martin, Mr. Serj. 
Shirley, Mr. Serj. Tanfield, sir John Heiglmm, 
sir Rob. Osco bridge, sir Wm. Fleetwood, sir 
Kdwju Sandis, sir Rob. Wroth, sir George 
Fleetwood, sir John Scott, sir Herbert Crofts, 
sir James Scudamorc, sir Jerome Horsey, sir 
Edw. Radcliuc, sir Tbo. Holer oft, sir Anthony 
Rowsc, sir Henry Nerill, sir Edw. Mountague, 
sir Tbo. Hobby, sir Michael Sandis, Mr. Tho. 
Bfiisoii, sir Fr. Fane, sir Fr. Hastings, sir Geo. 
Moore, sir Edw. Hobby, sir Robert VVingfield, 
sir Maurice Berkley, sir Edw. Tyrrell, sir Wm. 
Killetircw, sir Fr. Popbum, Mr. Fr. Clifford, 
air John Savill, sir Tho. Waller, sir Wm Lower, 
Mr. Nuth. Bacon, sir Rd. Vcniey, sir George 
Fane, Mr. Toby Matthew, sir Tho. Ridgwav, 
Mr. Edw. Seymour, sir Wm. Buurlacy, sir Rob. 
Moore, sir J una. Trelownev, sir Edw. Denny, 
sir Tbo. Walaingliruti, .sir Fr. Bnrrington, sir 
Robert Nnppier. sir Valentine Knigiitley, sir 
George Carew, Master of the Chancery, sir 
Nidi. Halsnell, sir John Thymic, sir Tbo. 
Frcnke, sir Jerome Howes, sir Edw. Herbert, 
sir John Leveson, Air. Dudley Carle ton. 

Mr. Speaker, together with these Commit- 
tees, were this day, at fJ in tho morning, ap- 
pointed to attend his majesty, and to relate the 
Reasons of the Proceeding of the bouse iu sir 
Francis Goodwin's Case; where, upon Ansner 
or Reply, such lawyers .is be of the Committee 
arc to give their assistance. 

Die Jovit, vit. 29 die Martii, 160*. 

Mr. Speaker relateth what he had delivered 
to the king by warrant from (be house the day 



y?] 



STATE TRIALS, ] James I. 1G04.— and Sir Mm Fortescve. 



[US 



before, toucliiog tlieir Proceeding in sir Francis 
Goodwins Case, and his majesty's Answer; 
whereof*, because part was afterwards penned 
bv select Committees, read in the house, and 
offered in writing to the king, " I have but 
teuched the Heads, omitting many circum- 
stances." lie said, he first delivered, J. The 
Manner and Matter. 2. Then such Precedents 
a? had been vouched and stood upon. 3. He 
n-jened the body of the Law for Election. — 
Ite first Writ ot Summons, dated ultimo Ja- 
curii before the Parliament : the Writ issued 
cuiv; the liberty was free, by that writ, to 
cause in pUno comiiatu : the Flection was made 
according to that writ, unci the Indenture duly 
returned; und therefore adjudged by the house, 

* That this first election bemjr ^ood, the second 

• «a> consequently void/ — For the mutter of 
Utlawry against sir Francis Goodwin, there 
was one prosecuted against him at the suit of 
Johnson, 31 Eliz. for 00/. and was laid ami 
proceeded in the Hustings, Ixmdon. Another, 
at tl« suit of one Hacker, for 16/. 39 Kliz. 
Hut *>ir Francis had since been chosen, nd- 
m.tred, and served as a member of this house, 
in the several parliaments holden 39 and 43 
Eii/. Tliat the Uilawry remained in the 
Huntings, so as the law could not take notice 
o- it; neither was it pleadable. — 1 Eliz. One 
Smith was found utluwed, and pri\iiegcd by 
the house. — 23 Eliz. One Vau«han utiawed ; 
snH, upon the question and division of the 
h "lm.-, privileged : beinz carried with the dif- 
kreuce ot sii voice*.— 35 Eliz. Three prece- 
cmt* vouched.— 39 Hen. G.* Fitz-Herbert. 
Th* ease not judged ; but Opinions delivered. 
—Mr. John Killegrew having 52 utluwries re- 
turned ac'iinst liiin, was admitted to serve in the 
bouse. Sir Win. Harecourt was found IB times 
uhwed, and yet was admitted to serve. — The 
Luiimcr ot the Election is limited bv the Sta- 
tute. 1 he Mippo«-cd Utlawry, 31 Kliz. against 
*<rFrinci>. was* no iittavt:\ at all: for when so- 
«er a nriii is sued, the proclamation omj.t to 
l* mtv i he county when* the party duellcth; 
'•M-* the lit' iwry is not good.-— 39 ov 43 F.l:/. 
1W antral Pardon \* pood lor I'llawries, 
1*10 t :J|, saving the party at whose suit. — 
Sllli. It wa« Francis-cu* Goodwin, Gen. — 
3' Khz. Franciscus Goodwin. Armiir- The 
ifrr.if i> no judge of the utlawry, neither c-iuld 
liAf iij'K'.' it was the same man; and therefore 
5-i-j! i n r propc rly return him utiawed.*' 

lb- Majesty answenwl, u He was loth h j ? 
>'riif.H |j«f forced to alter hi> tune; and tl::it he 
*i»iM now change it into matter of urief bv 
»j\ irt c munition. He did sample it to the 
::.:nij;ir and contradict i-m of the people of 
l»r..,-L — lit* did not attribute the cause of hi* 

• Hi-re the acriirite Editor of the printed 
L-rn-rls makes this n-sinrk, " Tin? wordi <W 
ii u. • teem to be im* roperly inserted here, and 
«•'. bi l lie Hook of Note?, pi: 1 red before the 
:-'i>u>n of Smyth's Case, 1 Eli/, and in the 
"•-.-.in of the Journal itself against these words 
* •ruwn Quxre." 

vol. ji. 



grief to any purpose in the house to offend him ; 
but only to a misinkiii" of tlie law. For mat- 
ters of fact, he answered them all particularly. 
That, for his part, he wns indifferent which of 
them were chosen, sir John, or sir Francis : that 
they could suspect no special alfection in him, 
because this was a Counsellor not brought in 
by himself. — That he had no pur}K>se to im- 
peach tlieir privileee; but since they derived 
all matters of privilege from him, and by his 
grunt, he expected they should not be turned 
against. That there was no Precedent did suit 
this case fully : Precedents in the times of 
Minors, of Tyrants, of Women, of Simple 
Kings, not to be credited; because for some 
private ends. Uy the law this house ou<iht not 
to meddle with Returns, hciii'j; alt made into 
the Chancery, and are to be corrected or re- 
formed by that court only, into which they are 
returned." 35 Hen. 6. it was the Resolution 
of all the Judges, that matter of Utlawry was a 
sufficient cause of dismission of any member 
out of the liouse. That the Judges have now 
resolved, That sir Francis Goodwin standeth 
utiawed according to the laws of this land. In 
conclusion, it was his majesty's special charge 
unto us ; — That, 1. The course' already taken 
should be truly reported. 2. That we should 
debate the Matter, and resolve among our- 
selves. 3. That we should admit of Conference 
with the Judges. 4. That we should make re- 
port of till the Proceedings unto the Council." 
This Relation being made, the House did 
not enter into any further consideration of the 
matter at that time; but Resolved and Ordered, 
" That it should be the first matter moved th« 



next morning. 



a 



Die Veneris, viz. 30 du Murtii, 1G04. 

Moved and urged by one, touching the Dif- 
ference now on foot between the King and the 
House, " That theie is just fear of some tireat 
abuse in the hi".- Election. That in his con- 
science the Kin^ lmih been much misinformed; 
and that he had too many misin limners, \>hich, 
j he prayed God, mi-Jit be renin vd or lessened 
in their number. That now the Case of Mr 
John Forte*rue and sir Francis Goodnin was 
become tbeeasc of the whole Kingdom. That 
old Lawyer** forget, and 'commonly interpret 
the law acrorihn-4 to the time. — That by thi-> 
course the free Election of the country is taken 
a\\av, n:el mme shall be chosen but such as 
-Imfl ulea^e the King and Council. Let us 
therefore, ^'.'!i fortitude, understanding and 
.sincerity, >=cck to maintain our Privilege; v.lm h 
cannot he taken or construed any contempt in 
us, but merely a maintenance of our common 
riaht, which uur ancestors ha\e left us, and is 
just and tit for us to trrm-t-r to our posterity." 

Another, lor a law to be made, "That 
never anv man outlawed, should «dicw his face 
here njrain. I tic dith rence, he observed, was 
sniiie imrespectivc carriase towards hismnjesty 
in this matiei ; and therefore let our proceed- 
m«r be dutiful ami cartful towards hin», in au- 
vising ot' some kpeefly coui»e to j»ive his majesty 



99] STATE TRIALS, 1 James I. 160*.— The Cote between Sir Francis Goodwin, [100 



satisfaction ; that is (as he conceived) accord- 
ing to the King'* project, tint, to advise 
among«t ourselves, and then to confer with the 
Judges, n*jt as Parliament-men, but as Coun- 
sellors ; not as though they were to reverse 
our errors, but thut we might be better in- 
formed ; not now the Case of sir John and sir 
Francis, but a Case of great difference between 
the king and us, wherein we are deeply to con- 
sider the consequence if this pique be bruited 
in the country, abroad or beyond the seas. It 
is fit we let the king see how much we take to 
heart this matter, sithence our affections have 
so much appeared in the passing and present 
expediting of the Act of Recognition, &c." 

Cunclut. That we should tender our hum- 
ble Petition to his majesty, for leave to make a 
Law for the banishing of all Outlaws hereafter 
from the Parliament, and pray, that we may 
bold all our Privileges entire. 

A Third, " That we ought not to contest 
with the king; that it is fit to have a Confer- 
ence : that by it we shall lose no Privilege, but 
rather gain ; for the matters of the Conference 
will be two, satisfaction of the king, and putting 
in certainty our Privilege. All is not yet said 
that may be said ; we are not to dispute with 
one that is governor of thirty legions. Conji- 
tendum est ne J'rustra interrognsset. . Let us 
deal plainly and freely with the Lords, and let 
them know all the reason*. They are jealous 
of the Honour of a Privy-Counsellor, we or the 
Freedom of Election, it is fit great men main- 
tain the Prerogative ; so is it fit that we main- 
tain our Prn ileges. This is a Court of Record, 
therefore ought we by all means seek to preserve 
the honour and dignity of it. If a burgess l»e 
chosen tor two places, the burgess makes his 
choice for which he will serve, and a warrant 
shall be directed from Mr. Speaker, in the 
name of the house, to the Clerk of the Crown 
to send forth a Writ for a new Election for the 
other place left ; which is a direct proof that it 
is a Court of Power and Record. We have a 
Clerk and a Register; all matters that pnjs 
here are entered of Record, and preserved. As 
they stand for the honour of a Counsellor, so 
we for our Privileges. It is to be wished, that 
we had a law to declare our Privileges, that 
we have a Court of Record and a Register." 

Obi. We (they say) are but half of the 
body, and tike Lords are the parts nearest 
the head. 

Ant. Nothing ascends to the Head hut by 
the Breasts, cVc. — &mcL That we may pray 
it may be explained by a law what our Privi- 
leges are ; and that no man outlawed uiuy 
hereafter be admitted. — There must be a Judge 
of the Return before ue sit; and this is now 
judged according to the positive laws of the 
realm by lite king, which ilifnugeth not our 
liberty, siuce we judge after the court is set, 
according to discretion. — No precedent, that 
any man wus put out of the house lor utlawry ; 
therefore it had been tit we should have de- 
sired to iaforni the king that he was inmn- 
ikrmed. — Let 111 now leave this particular Case 



to the king, and consider and resolve of the 
material Questions that will fall out in the 
debate of it. 1. Whether this Court haih 
power to take notice of Returns made before 
we sit here ? 2. Whether men utlawed may be 
of the house? 3. Whether a man pardoned, 
having not sued forth a writ of Scire facias, may 
be called in question ? 4. Whether the Writ 
were returned thp 17 th of Feb. or no, upon 
oath of the sheriff ?" 

Some others were strong in opinion, That 
we ought not to confer nor to commit, saying, 
" That majesty had conferred with Justice; 
yet majesty had left the stopping of the wound 
to us. We should taint ourselves with three 
great blemishes, if wo should alter our Judg- 
ment, levity, cruelty and cowardice. There 
be three degrees of upright Judgment, motion, 
examination, judgment: all these have passed 
us. No Court can reform their own judgment. 
Every day a Term here. Every act that 
passeth this house is an Act of Parliament, 
Shall justice float up and down ? Shall he be a 
member to-day, and shall we tear him off to- 
morrow ? If the member be sound, it is vio- 
lence : if the hand tear the rest, it is cruelty. 
No part torn, but it may bleed to the ruin of the 
whole. Let sir Francis Goodwin stand as he if : 
duty and courage may stand together ; let not 
the house be inveigled by suggestions. This 
may be called a Quo Warranto to seize our 
Liberties. 

There hath been three main Objections. 

1. -The King's Exception. * We could shew 
no precedent in this kind/ 

Answ. ' The King could show no such Writ 
' before. Our hands were never sought to he 
* closed before, nor we prevented. It opens 
' a gap to thrust us all into the Petty-Bag. A 
1 Chancellor may call a Parliament of what 
' persons he will by this course. Any sugges- 
4 tion by any person, may be cause of sending 
' a new* Writ.' 

il Obj. by the Lord-Chief-Justicc. « By the 
Law we had nothing to do to examine 
Returns/ 

Answ. ' Judges cannot take notice of pri- 
vate Customs or Privileges : but we have a 
Privilege which stands with the law/. The 
Judges informed the king of the law, but not of 
a case of privilege. It is true, 35 Hen. 6. all 
the Judges resolved, That no outlawed man 
ought to be admitted ; but that was controlled 
by parliament. It is the same Opinion now; 
let us control it as then : we have done no of- 
fence to the state ; let us therefore be constant 
in our own Judgment. 

3 Obj, Another, * The king's pleasure, that 
we should deliver the Reasons of that we 
have doiv to be just/ 

If we clear our contempt, we have discharged 
ourselves. The king's Bench cannot reveise 
their Judgment the same Term; therefore not 
the Parliament. Let us send a message to the 
lords, that we are ready so to do, as we do not 
undo this house. 

Others, Non coronabitur qui non legUu 



101] 



STATE TRIALS, 1 James I. 1(504.— and Sir John Fortescue. 



cer titer it. Not to be termed a difference be- 
tween his majesty and the commons. Rogumus, 
AugHMte, n«n pugnamtu. The Question is not 
of matter of Privilege, but of Judgment. Let 
di attend them as lords of the council, and not 
as lords of parliament. — We do no ways contest 
or cooteud with his majesty. The king is no 
•ay bound in honour. If writ9 go forth un- 
duly, they may be controlled without impeach- 
■eat to the king's honour. It is the act of his 
■ferior officers. It is now come to this ques- 
tion, ' Whether the Chancery or Parliament 
'ought to have authority ?' 

Quest. Whether we ought to satisfy the 
king in his commandment ? 

The King's message was that we should con- 
sider within ourselves, and resolve of ourselves; 
then no need to confer with the Judges : if we 
cannot, then it is lit to be resolved by the 
Judges. The Judges have judged, and we have 
judged : what need then of Conference ? Let 
there be no spark of that grace taken from us, 
which we have had already from his majesty. 
Let our reasons be put into Article?, and deli- 
vered in all humbleness unto him. 

Upon the conclusion of this Debate in this 
Banner, the House proceeded to question ; and 
the first was, 

1. Quest. Whether the House was resolved 
in the matter ? 

And the Question was answered by general 
voice, That the whole house was resolved. 

2. Quest. Whether the Reasons of their 
proceeding shall be set down in writing? 

Resolved, That they shall be set down in 
writing: and ordered further* That a Committee 
should be named for that purpose, and appoint- 
ed first to set them down in writing, and to 
Wing them to the House, there to be published, 
lad to receive their allowance. 

The Committees were instantly named, viz. 

sir Rob. Wingfield, sir Geo. Moore, sir Fr. Ba- 

eaa, Mr. Yekerton, Mr. Dyett,sir Fr. Hastings,' 

Mr. Hedley, Mr. Recorder of London, sir Edw. 

Hobby, sir Fr. Barrington, Mr. Wiseman, Mr. 

Hale, Mr. Fuller, sir Edw. Mountague, Mr. Ra- 

Hsscroft, sir W. Fleetwood, Mr. Winch, sir 

Tao. Challoner, Mr. Solicitor, sir Roger Wil- 

Waham, sir John Thynne, Mr. Martin, s-ir 

Arthur Atye, Mr. Francis Tate, sir Roland 

Litton, sir Henry Nevill, Mr. Attorney of the 

Wards, sir John H oil is, sir Hob. Wroth, sir 

John Scott, Mr. Hitcham, sir Edw. Stafford, 

it John Mallory, sir Herbert Crofts, sir Fr. 

Fane, sir lid. Molyneux, sir John Hungerford, 

fir Edw. Herbert. All the Serjeants at Law. 

Mr. NutlL Bacon, Mr. Ilext. To meet this 

afternoon in the Exchequer-Chamber. . 

Tlie authority given unto them by the House, 
was this: 

44 The House being resolved upon the ques- 
tion. That the Reasons of their precedent Re- 
solution, touching the Return, Admittance and 
Retailing of sir Francis Goodwin as a member 
of this bouse, should be set down in writing: 
these Committees were specially appointed to 
perform that service, and have Warrant from the 



[102 



house to send for anyofticer, to view and search 
any Record, or other thing of that kind, which 
may help their knowledge or memory in this 
particular service : And having deliberately by 
general consent set down all such reasons, they 
are to bring them in writing into the house, 
there to be read and approved, as shall be 
thought fit." 

Die Luna, viz. 2 die A prills, 160*. 

It was then moved, That Committees might 
he named to take the examination of the sheriff 
of Buckinghamshire, who was by former order 
sent for, and now come. And to that end were 
named, Mr. Solicitor, sir Rob. Wroth, sir W. 
Fleetwood, sir Tho. Challoner, sir Rob. Wing- 
field, Mr. Serj. Tanfif Id, Mr. Serj. Lee, Mr. 
Yelvcrton, Mr. Fr. Moore. Who uere ap- 
pointed to take his Examination presently. 

Sir Charles Cornwallis moveih in excuse of 
sir Francis Goodwin's absence from the house, 
and prayeth, " That they would as well in their 
own judgment pardon it, as witness and affirm 
his care and modesty upon all occasions to the 
king, u\ that he hath forborne, during all the 
time of this question, to come into the house." 

The Examination was presently taken by 
these Committees, and returned in this form. 

Interr. 1. Why he removed the county from 
Aylesbury to Brickhill ? 

He saith, It was by reason of the Plague being 
at Aylesbury, the county being the 26th of Jan. 
at which time three * ere dead of the .plague 
there. This was the only motive of removing 
his county. 

Inrerr. 2. Whether he were present at the 
first Election ? 

Saith, He was present ; and was as faithful 
to wish this second place to sir Francis Good- 
win, as the first to sir John Fortescue : sent sir 
Francis Goodwin word, before the election, he 
should not need to bring any freeholders, for 
the election he thought would be without scru- 
ple for them both ; first to sir John, second to 
sir Francis. About 8 of the clock he came to 
Brickhill; was then told by sir George Throck- 
morton, and others, that the fin>t voice would 
be given for sir Francis ; he answered, He hoped 
it would not be so, and desired every gentleman 
to deal with his freeholders. After eight of the 
clock went to the election a great number, there 
being at the county, * * * After the Writ read, 
he first intimated the points of the Proclama- 
tion ; then jointly propounded sir John Fortes- 
cue and sir Francis Goodwin. The Freehold- 
ers cried firsl, ' A Goodwin, a Goodwin !' Every 
Justice of Peace on the Bench said, ' A For- 
tescue, a Fortescue 1' and came down from the 
Bench hefore they named any for a second 
place, and desired the Freeholders to name sir 
John Fortescue for the first. Sir Francis Good- 
win being in a chamber nenr, was ?ent for by 
the Sheriff and Justices ; and he came down 
and earnestly persuaded with the Freeholders, 
saying, Sir John was his good friend, had been 
his father's, and that they would not do air John 
that injury : notwithstanding the Freeholders 



103] STATE TRIALS, 1 James. 2001 The Case between Sir Francis Goodwin, [104 

discerning ; shewing affectionate desire rather 
to receive satisfaction to clear us, than cause to 
pardon us: we do in nil humbleness render our 
most bounden thanks tor the same; protesting, 
by the bond of our allegiance, that we never 
hud thought to offend your majesty ; at whose 
feet we shall ever lie prostrate, with loyal hearts, 
to sacrifice ourselves and all we have for your 
majesty's service : and in this particular, we 
could find no quiet in our minds, that would 
suffer us to entertain other thoughts, until we 
had addressed our answer to your most excel- 
lent majesty ; far which nevertheless we have 
presumed of the longer time, in respect we have 
prepared some precedents, requiring search, to 
yield your majesty better satisfaction. 

There were objected against us by your ma- 
jesty and your reverend judges, four things to 
impeach our proceedings, in receiving Francis- 
Goodwin, knight, into our house. 

Objection W, 'The first, That we assume 
' to oui selves power of examining ff the 
' Elections and returns of knights and bur- 
' ge«MS, which belonged to your majesty's 
' C'bancerv, and not to us: for that all Re- 
* turns of Writs were examinable in the 
i courts wherein they are returnable ; and 
' the parliament writs being returnable 
' into tjie C'bancerv, the rt turns of tliena 
' must, needs be there examined, and not 
' with us.' 
Our humble Answer i*, That until the 7th 
Hen. 1. all Parliament-Writs were returnable 
inio the parliament ; as appeareth by many 
precedents of record ready to be shewed, and 
consequently the returns there examinable: in 
which year a Srirute was made, Thar thence- 
forth everv Parliament-Writ , conLiinini! the 



would not desist, but all cried, » A Goodwin, a 
Goodwin !' some cryiun, • A Fortcscue,' to the 
number of 00, or thereabouts ; the oilier for 
«ir Francis Goodwin, being about 2 or 300 : 
and sir Francis Goodwin, to his tlunking, dealt 
-very plainly and earnestly in this matter for sir 
John Eortescue ; for that sir Francis Goodwin 
did so earnestly protest it unto him. 

Intcrr. S. Who laboured him to make the 
Return so long before the day. of the Parlia- 
ment ? 

He being here in London, Mr. Attorney Ge- 
neral, the 2nd of Murch, at his chamber in the 
inner Temple, delivered him two Cap. Utlagat. 
against sir Francis Goodw in ; and before he 
made his Return, he went and advised with Mr. 
Attorney about his Return, who penned it, and 
so ic was done by his direction : and the Return 
being written, upon Friday after the king's 
coining through Loudon, near about my Lord 
Chancellor's Gate, in the presence of sir John 
Fortescue, he delivered the Writ to sir George 
Coppiu : and at this time (it being about 4 in 
the afternoon) and before they finned, sir John 
Fortocuc delivered him the second Writ >ealed ; 
sir John Foitescue, sir George Coppin, and 
himself, being not al>ovc an hour together at 
that time, and never had but this new Writ 
of Parliament to him delivered. Subscribed, 
Francis Cnr.Y.\E. 

This was" returned by the Committee to the 
hands of the Clerk, but not at all read in the 
house. — Mr. Speaker remembereth the matter 
of Conference with the Judges, and offered to 
lepeat and put again the Question* that were 
formerly made ; being befoie uncertainly and 
imperfectly left (as he said) in the Case of Buck- 
inghamshire, viz.. 1. Whether the House were 
resolved in the matter? 2. Whether thev should 
comer with the Judges? And at length induced 
the house to entertain the latter Question ; and 
being made, was carried by general voice in the 
negative, no conference. 

Upon this passage, it was urged for a rule, 
That a Question being once made, and carried 
in the affirmative or negative, cannot be ques- 
tioned again ; but must stand as a Judgment of 
the house. 

it was thought fit that Mr. Speaker should 
attend the Committee for ]>emiing the Reasons 
in sir Francis Goodwin's Case, not by com- 
mandment, but voluntary of himself. 

Die Martis 3 die Apr i lis , 1604. 
The Reasons of the proceeding of the house 
in Ur Francis Goodwin's Case, penned by the 
Committee, were, according to former order, 
brought in by Mr. Francis Moore, and read by 
the Clerk, directed in form of a petition. 

M To the King's most excellent Majesty, The 
humble Answer of the Commons Hou«e of 
Parliament to his Majesty's Objections in 
sir Francis Goodwin's ('use. 

" Most gracious, our dear and dread sovereign ; 
Relation being made to us by our Speaker, 
of your majesty's reynl clemency and patience 
m hearing us, and of your princely- prudence in 



day and place where the parliament shall be 
holden, should have thi-> clause, viz. ' Ft elec- 
( tionein tuain in pleno comitatu lactam dis- 
' tincre et aperte sub sigillo tuo et sinilhs eorum 
' qui election! illi mterluerint nobis in Cuncel- 
' lurium nostram ad diem et locum in btevicon- 
' tent.* certilices indilate.' 

By ihi«, although the form of the Writ be 
somewlmt altered, yet the power of the parlia- 
ment, to examine mid determine of elections* 
remaincth ; fwr so the statute hath been always 
expounded ever sithence, by use to this day : 
and for that purpose, the Clerk of the Crown 
hath always used to attend all the Parliament- 
time, upon the Commons House with the Writs 
and Returns; and al>o the commons, in the 
beginning of every parliament, have ever used 
to appoint special committees, all the parlia- 
ment-time, for examining controversies con- 
cerning elections and returns of knights and 
burgesses : during which time, the writs and 
Indentures remain with the Clerk of the Crown, 
and after the Parliament ended, and not before, 
are delivered to the Clerk of the Petty-bag in 
Chancery, to be kept there ; which is warrant- 
ed by reason and precedents : Reason, for that 
it is At that the returns should be in that place 
examined, where the appearance and service of 
the writ is appointed. The appearance and 



105] 



STATE TRIAlS, 1 James I. 160 k— and Sir John Forkacuc. 



[10* 






service it in parliament, therefore the return 
examinable in parliament. 

Precedents: One in the 29th of the late 
queen Eliz. where, after one Writ awarded into 
Norfolk for choice of knights, and elections 
made and returned, a second was before the 
Parliament-day awarded by the Lord Chan- 
cellor, and thereupon another election and re- 
turn made ; and the Commons being attended 
with both Writs and Returns by the Clerk of 
the Crown, examined the cause, allowed the 
fat, and rejected the second. So anno 23 
Eln. a Burgess was returned dead, and a new 
chosen, and returned- by a new Writ, the party 
returned dead appeared ; the Commons, not- 
withstanding the Sheriff's return, admitted the 
first chosen, and rejected the second. Also, 
the said 23d year, a Burgess chosen for Hull 
was returned a lunatic, and a new chosen upon 
a second writ : the first claimed his place ; the 
Commons examined the cause, and finding the 
return of Lunr-^y to be true, they refused him ; 
but it it had been false, they would have re- 
ceived him. Anno 43 Eliz. the Sheriff of Rut- 
landshire returned himself elected ; the Com- 
mons finding that he was not eligible by law, 
sent a Warrant to the Chancery for a new 
writ to choose a new. Anno 43 Eliz. also a 
Burgess was chosen for two Boroughs; the 
Commons, after he had made election which he 
would serve for, sent Warrant to the Chan- 
nrv for a Writ to choose a new for the other 
borough : of which kind of precedents there 
are many other, wherewith we spare to trouble 
your majesty. All which together, viz. Use, 
Reason and Precedents, do concur to prove the 
Chancery to be a place appointed to receive 
tite returns, as to keep them for I lie Parliament, 
bat not to judge of them ; and the inconveni- 
ence might be great, if the Chancery might, 
•pun suggestion** or sheriffs returns, send Writs 
nr new elections, and those not subject to ex- 
amination in parliament: for, so, when fit men 
were chosen by the counties and boroughs, the 
Lord-i hancellor, or the sheriffs, might displace 
tboa, and send out new Writs, until some were 
cvflen to their liking ; a thing dangerous in 
precedents for the time to come, howsoever we 
rejr sec on lv from it at this present by the now 
Lord Chancellor's integrity. 
Objection 9. 'That we dealt in the cause with 

* too much precipitation, not seemly for a 

* council *ot gravity, and without respect 

* to your most excellent majesty, our sove- 

* reign, who had directed the writ to be 
' made; and being but half a body, and 
' no court of record alone, refused confe- 
' rence with the lords, the other hal», not- 

* withstanding they prayed it of us.' 

Our bumble answer is, to the precipitation, 
That we entered into this cause, as in other 
parliaments of like cases hath been accustomed, 
Oiling to us the clerk of the crown, and view- 
■5 bu«h the writs, and both returns ; which in 
o*es of * * * and motions, though not of bills 
requiring three readings, hath been warrant by 
•nauDual UMge amongst us: and thereupon, 



well finding that the latter writ was awarded 
and sealed before the Chancery was repossessed 
of the former, which the clerk of the crown, 
and the sheriff of the county, did both testify, 
and well held to be a clear fault in law, pro- 
ceeded to sentence with the less respect ot the 
latter election. For our lack of respect to 
your majesty, we confess, with grief of our 
hearts, we are right sorry it shall be so con- 
ceived ; protesting that it was no way made 
know n unto us before that time, that your ma- 
jesty had taken to yourself any special notice, 
or directed any course in that cause, other than 
the ordinary awarding writs by your highnesses 
officers in that behalf: but if we had known 
as much as some will have, by your majesty's 
royal mouth, we would not, without your ma- 
jesty's privity, have proceeded in that manner. 
And further, jt may please your majesty to 
give us leave to inform you, That in the ex- 
amination of the cause of the sheriff avouched 
unto us, That Goodwin agreed to yield the 
first place of the two knights to sir John For- 
tescue, and in his own person, at the time of 
election, with extraordinary earnestness, en- 
treated the electors it might so be, and caused 
the indentures to be made up to that purpose ; 
but the electors utterly refused to seal them. 
Concerning our refusing conference with the 
lords, there was none desired until after our 
sentence passed ; and then we thought, That 
in a matter private to our house, which, by 
rules of order, miKht not be by us revoked, we 
might, without any imputation, refuse to con- 
fer. Yet understanding by their lordships, 
That your majesty had been informed against 
i.s, we made haste (as in all duty we were 
bound) to lay. open to your majesty, our good 
and gracious sovereign, the whole manner of 
our proceeding ; ' not doubting, though we 
' were but part of a body, as to make new 
' laws, yet for any matter of privileges of our 
' house, we are and ever have been a court of 
• ourselves, of sufficient power to discern and 
( determine without their lordships, as their 
' lordships have used always to do for theirs 
< without us.' 

Objection 3. ' That we have, by our sentence 
' of receiving Goodwin, admitted, That 
' outlaws may be makers of laws ; which 
' is contrary to all laws.' 

Our humble Answer, That notwithstanding 
the precedents which we truly delivered, of 
admitting and retaining outlaws in personal 
actions m the commons house, and none re- 
mitted for that cause ; yet we received so great 
satisfaction delivered from your royal majesty's 
own mouth, with such excellent strength and 
light of reason, more than before, in that point, 
we heard or did conceive, as we forthwith pre- 

fmred an net to pass our house, That all out- 
aws henceforth shall stand disabled to serve in 
parliament: but as concerning Goodwin's par- 
ticular, it could not appear unto us, having 
thoroughly examined all parts of the proceed- 
ings against him, that he stood an outlaw, by 
the laws of England, at the time of the election 



107] STATE TRIALS, 1 James I. l(m.±-Thc Cote between Sir Francis Goodwin, [109 



mnde of him by the county; and that for two 
causes : the first is, That where the party out- 
lawed ought to be five times proclaimed to ap- 
pear in the sheriff's county court ; and then 
not appearing, ought to be adjudged outlawed 
by the judgment of the coroners of the county ; 
there uppeareth no record made in the Hustings 
of London that Goodwin was five times pro- 
claimed, or that the coroners gave judgment of 
outlawry against him : but a clerk, lately come 
to that office, hath now, many years after time, 
and since this election, made entries, interlined 
with a new hand, that he was outlawed : to 
which new entries we could give no credit, for 
that the parties, at whose suit Goodwin was 
saed, have testified in their writings of release, 
That they never proceeded further than to take 
out the writ of Exigent for an outlawry ; and 
being then paid their money desisted there : 
by which we find, That Goodwin wus not five 
times proclaimed, nor adjudged outlawed, be- 
ing a thing usual in London to spare that pro- 
clamation and judgment, if the party call not 
upon it; and no record being made for many 
years together, that either of them was done. 

The second Cause was, for that the Writ of 
Exigent by which the sheriff was commanded 
to proclaim him five times, was never lawfully 
returned, nor certified by Certiorari; without 
which, we take it, That Goodwin stood not 
disabled as an outlaw. 

To this, adding the two general Pardons by 
Parliament, which had cleared the outlawry in 
truth and substance, (if any were) and that 
Goodwin could not apply the pardons by Scire 
Ja. for that no record nor return was extant of 
the outlawry, whereupon he might ground a 
Scire fa. we were of opinion, and so your ma- 
jesty's most reverend judges would have been if 
they had known thus much, That Goodwin 
stood not disabled by outlawry to be elected or 
serve in parliament : but when we considered 
further, That the course taken against Good- 
win for drawing him into this outlawry of pur- 
pose to disable him to serve in this place, 
whereto the county had freely elected him, 
was unusual; we could not, with the reputa- 
tion of our places, serving as a council of 
gravity, in allowance or continuance of that 
course, censure him to be rejected ns uti outlaw : 
the particulars of which were these, viz. — Two 
exigents awarded, * * * the other seven years 
past to the Hustings in London ; no entry 
made of five proclamations; nor of any judg- 
ment of the coroners ; nor any return of the 
exigents mnde or endorsed ; the party plain if 
satisfied ; the pretended outlawries being but 
upon a mean process; and as to your majesty's 
duties and contempts pardoned now since 
Goodwin was elected knight, the exigent now 
sought out since the election procured to be 
returned in the name of the sheriffs that then 
were, and are long since dead, and new entry 
made of the five proclamations and coroners 
judgment; and naw a return made of that old 
exigent, which could be of no use, but only for 
a purpose to disable him lor that place. Upon 



all which we could do nd less in true discretion 
than certify the election made secundum equum 
et bonum. 

Objection 4. 'That we proceeded to exa- 
' mine the truth of the fact of Outlawry, 
1 and gave our Sentence upon that : 
' whereas we ought to have been bound 
' by the Sheriff's return of the Outlawry 
' from farther examining, whether the 
' party were outlawed or not.' 

Our humble Answer is, That the Precedents 
cited before, in our answer to the first objec- 
tion, do prove the use of the Commons House 
to examine veritatem facti in elections, and 
returns, and have not been tied peremptorily to 
allow the return ; as if a knight or burgess be 
untruly returned dead or lunatic, yet when lie 
appeared to' the house to be living and sound, 
they have, contrary to the return, received 
him into the house, preferring the truth mani- 
fest before the return. By which discreet pro- 
ceeding there is avoided that great inconveni- 
ence above-mentioned of giving liberty to She- 
riffs, by untrue returns, to make and remove 
whom they list to and from the parliament 
service, how meet soever the parties be in the 
judgment of the county or borough that elected 
them. — Thus, in all humility, we have presented 
to your most excellent majesty the grounds and 
reasons of our lute action, led with no affec- 
tions, but guided by truth, warranted in our 
consciences, imitating precedents, maintaining 
our ancient privileges, honouring your excellent 
majesty in all our services; to which in all 
loyalty and devotion we bind us and ours for 
ever, "praying daily on the knees of our hearts, 
to the majesty of the Almighty, that your ma- 
jesty and your posterity may in all felicity reign 
over us and ours to the end of die world." 

These Reasons so set down and published to 
the House, Mr. Secretary Herbert was sent 
with message to the lords, That the house had 
resolved of their Answer to his majesty, (in sir 
Francis Goodwin's Case) and had set it down 
in writing, and that it should be sent to their 
lordships before 4 of the clock in the afternoon ; 
who immediately returned their Lordships An- 
swer, That they would be ready at that time 
in the Council-Chamber at Whitehall, with SO 
of the lords, to receive what then should be 
delivered. Then were named threescore to 
attend the delivery of the said Reasons at the 
time and place aforesaid. 

Eodem die, p. m. 

The House entering seriously into consulta- 
tion what course was to be held with the lords; 
as also fulling into more length of disputation 
touching the Bill of Merchants*, than were ex- 
pected, sent some messengers to the lords, to 
excuse their lone tarrying, viz. Sir Edward 
Hobby, sir Ro. Wilhrahani, sir Hen. Ncvil, sir 
Fr. Hasting*, Mr. Marty n. 

This afternoon about 5 o'clock the Com- 
mittee appointed did attend to deliver the 
Reasons aforesaid at the Council-Chamber ac- 
cording to appointment and order of both 
houses ; and they were delivered by sir Francis* 



109] 



STATE TRIALS, 1 James I. \00k- and Sir John Fortescve. 



[110 



Bacon, one of the Committee, with desire, 
That their lordships would be mediators in the 
behalf of the house, for his majesty's satis- 
faction. 

Die Mercuriiy vi*. 4 die Aprilis 1604. 
Sir Francis Bacon having the day before 
delivered to the lords in the Council-Chamber 
of Whitehall, (according to the Direction of the 
souse) the Reasons in writing, penned by the 
Committee, touching sir Francis Goodwin's 
Case, maketh report of what passed at the time 
•f the said delivery. First, That though the 
Committees employed were a number specially 
deputed and selected ; yet that the lords ad- 
mitted all burgesses without distinction ; that 
they offered it with testimony of their own 
speed and care in the business, so as t&ey said 
ao one thing bad precedency, but only the Bill 
•f Recognition ; that they had such respect to 
the weight of it, as they had not commuted it 
to any frailty of memory, or verbal relation, 
bat pot it into writing for more permanent 
memory of their duty and respect to his ma- 
jesty's grace and favour*, that in conclusion 
they ' prayed their lordships, sitbence they had 
■carer access, they would co-operate with them 
for the king's satisfaction ;' and so delivered 
the Writing to the Lord-Chancellor, who re- 
ceiving it, demanded, Whether they should 
•end it to the king, or first peruse it ? To which 
was answered, That since it was the king's 
pleasure they should concur; they desired their 
lordships would first peruse. 

The lotd Cecil demanded, Whether they 
had Warrant to amplify, explain, or debate any 
doubt or question made upon the reading ? To 
which it was said, They had no Warrant. And 
so the writing was read, and no more done at 
that time. 

Die Jovit, viz. 5 die Aprilis, 1604. 

Mr. Speaker by a private commandment at- 
tended die King this morning at eight o'clock, 
sad there staid till ten. 

Mr. Speaker excuseth his absence, by reason 
at was commanded to attend upon his majesty. 
Aad bringeth Message from bis majesty to this 
dart : That the King had received a parch- 
SMat from the house. Whether it were an 
issalutc resolution, or reason to give him satis- 
faction, he knew not : He thought it was rather 
attended for his satisfaction. His majesty pro- 
tested, by that love he bare to the house as his 
Wing and loyal subjects, and by the faith he 
did ever owe to God, he had as great a desire 
to maintain their privileges, as ever any prince 
had, or as themselves. He had seen and con- 
sidered of the manner and the matter ; he had 
heard his judges and council ; and that he was 
now distracted in judgment. Therefore, for his 
farther satisfaction, he desired, and com- 
saanded, as an absolute kins, that there might 
be a Conference between the House and the 
Judges ; and that for that purpose there might 
I a Select Committee of grave and learned 
person* out of die house: that his Council 
■right be present, not as Umpires to determine, 
bat to repot^indiiaVrently op both sides. 



Upon this unexpected Message there grew 
some amazement and silence. But at last 
one stood up and said : The Prince's command 
is like a thunder-bolt ; Ins command upon 
our Allegiance like the roaring of a lion. To 
his command there is no contradiction ; but 
how, or in what manner we should now pro- 
ceed to perform obedience, that will be the 
question. 

Another answered, Let us Petition to his 
majesty, that he will be pleased to be present, 
to hear, moderate, and judge the case himself. 
Whereupon Mr. Speaker proceeded to this • 
question : 

Quest. Whether to confer with the Judges 
in the presence of the king and council ? Which 
was resolved in the affirmative. And a select 
Committee presently named for the conference ; 
viz. Lawyers; Serjeants Tanfield, Hob bard, 
Leigh/ Shirley, Dodridge, sir Tho. Hesketh, 
sir Fr. Bacon, Mr. Recorder of London, Mr. 
Yelverton, Mr. Crewe, Mr. Lawrence Hide, 
Mr. Fr. Moore, Mr. Rd. Martin, Mr. Winche, 
Mr. Dyett, Mr. Fuller, sir Roger Wilbraham, 
Mr. Fr. Tate, Mr. Dr. James, sir Daniel Dunn, 
sir John Bennet.— Gentlemen ; sir George 
Carew, Vice-Chamberlain to the Queen; sir 
Fr. Hastings, sir Edw. Hobby, sir Robert 
Wroth, sir Henrv Nevill, sir John Savile, sir 
George Moore, Mr. Nath. Bacon, sir Edw. 
Stafford, sir Wm. Fleetwood, sir Tho. Chal- 
loner, sir Roger Aston, sir Robert Wingfield, 
sir Edw. Mountague, sir Edwyn Sandis, sir 
Robert Cotton. 

These Committees were selected and ap- 
pointed to confer with the Judges of the Law, 
touching the Reasons of proceeding in sir 
Francis Goodwin's Case, set down in Writing, 
and delivered to his majesty in the presence of 
Hie lords of his majesty's Council, according to 
hishiehness's pleasure, signified by Mr. Speaker 
this day to the house. — It was further Resolved 
and Ordered by the bouse, (upon the motion to 
that end by Mr. Laurence Hide) that the 
aforesaid Committee should insist upon the 
fortification, and explaining of the Reasons 
and Answers delivered unto his majesty ; and 
not proceed to any other Argument or Answer, 
what occasion soever moved in the time of that 
debate. 

Die Mercuriiy viz. 11 die Aprilis, 1604. Upon 

Adjournment. 

Sir Francis Bacon was expected, and called 
to make -a Report of the late Conference with 
the Judges in the presence of his majesty and 
the lords of the Council : but he made excuse, 
saying, He was not warranted to make any 
Report ; and tuntum permissum quantum corn* 
missum : nevertheless, upon a Question, he was 
over-ruled to make a Report ; and a motion 
thereupon made, That the Committees might 
first assemble in the Court of Wards, and con- 
fer among themselres, and then the report to 
be made. 

Sir Francis Bacon, after the meeting of the 
Committees in the Court of Wards, reported* 



; >r.vl!i TRIALS Uames I. I60k— The Cast betvxen Sir Francis Goodwin, [112 



-.:.:. ha»i u-u^fa :u Cuoxmnce in the presence 
-, • i ? ^i^ir^^ ind hi* Council : 

I :»c «ii.£ soa-i. He would be president him- 
vii. Vi*> Art^iidapce renewed the remera- 
; »*\.iic* Ji *;ie last, when we departed with sucn 
.uim. i r4u<»u. It was the voice of God in man : 
. .c 4^xM *ptnt oi God in the mouth of man. I 
uo :toc -my, toe voice of God, and not of man. 
' *n* not on? of Herod's flatterers. A curse 
ivii ii|vu turn that said it : a curse on him that 
Mt.lvrvd it. We might say as was said to Solo- 
mon, We are glad, O king ! that we give 
accouut to you, because vou discern what is 
>evkeu. — We let pass no moment of time, 
until wo had resolved and set down an answer 
m writing, which we now had ready. Thut 
»u hence we received a message from his nia- 
% ie;»iy by Mr. Speaker, of two parts : 1. The 
one* paternal. 2. The other royal. 1. That 
w» were as dear unto him as the safety of his 

{»er*on, or the preservation of bis posterity. 2. 
t«\val, that we should confer with his Judges, 
and tluit in the presence of himself and his 
council. * That we did more now to king 

* James than ever was done since the conquest, 

* in giving account of our judgments/ That 
«\c hud no intent, in all our proceedings, to 
encounter his majesty, or to impeach his 
honour or prerogative. 

This was spoken by way of preamble by him 
you employed. 

How to report his majesty's Speech he 
knew not ; the eloquence of a kiug was inimi- 
table. The King addressed himself to him as 
deputed by the house, and said, He would 
make three parts of what he had to say. The 
cause of the meeting was to draw to an end 
the difference in sir Francis Goodwin's Case. 
If they required his absence, he was ready ; 
because he feared he might be thought inter- 
ested, and so breed an inequality on their part. 
He said, That he would not hold his Prero- 
gative or honour, or receive any tiling of any 
or all his subjects. This was his magnanimity. 
That he would confirm and ratify all just Pri- 
vileges. This his bounty and amity. As a 
king, royally : as kiug James, sweetly and kindly 
out of his <rnod-nature. — One point was, Whe- 
ther we were a Court of Record, and had 
power lu jud«;c of Returns. As our court had 
power, so had the Chancery; and that the 
court that first had passed their judgment 
should not be controlled. — Upon a surmise, 
and upon the sheriff's return, there grew a 
difference. That there are two powers. 1. 
Permanent : the other, transitory. That the 
Chancery was a confidenciary court to the use 
of the parliament durittg the time. — What- 
soever the Sheriff inserts beyond the ant ho- 
rity of his muudatc, a nugation. The parlia- 
ments o( England not to he bound by a she- 
riff's return. — That our Privileges were not in 
question. That it was private jealousies with- 
out any kernel or substance. ' He granted it 
was a Court of Record, and a Judge of Re- 
turns/ He moved, That neither sir John For- 
tescue. nor sir Francis Goodwin might have 



place ; fir John losing place, his majesty did 
meet us halt- way. That when there did arise 
a schism in tlie church between a Pope and an 
An tip ope, there could be no end of the differ- 
ence until they were both put down. 

Upon this Report, a motion was made, 
Tha,t it might be done by way of warrant ; and 
therein to be inserted, That it was done at the 
request of the king : and was further said, (as 
anciently it hath been said) That we lose more 
at a Parliament than we gain at a battle. That 
the authority of the committee was only to 
fortify what was agreed on by the house for 
answer, and that they had no authority to con- 
scut. — It was further moved by another, That 
we should proceed to take away our dissention, 
and to preserve our Liberties ; and said, that 
in this we had exceeded our commission ; and 
that we had drawn upon us a note of incon- 
stancy and levity. But the acclamation of the 
house, was, That it was testimony of our duty, 
and no levity. So as the question was pre- 
sently made. 

Quest. Whether sir John Fortescue and sir 
Francis Goodwin shall both be secluded, and a 
warrant for a new writ directed ? And upon 
the question resolved, That a writ should issue 
for a new choice, and a warrant directed ac- 
cordingly. 

A motion made, That thanks should be pre- 
sented by Mr. Speaker to his majesty, for his 
presence and direction in this matter ; and 
thereupon ordered, That his majesty's pleasure 
should be known, by sir Roger Astou tor their 
attendance accordingly. 

Because it hath been conceived by some, 
that sir Francis Goodwin being the member 
specially interested, it were lit he should give 
testimony of his liking and obedience in this 
course : being dealt withal to that end, he writ 
his letter to Mr. Speaker; which, before this 
question made, for better satisfaction of the 
house, was read in these words: 

* Sir ; I am heartily sorry to have* been the 
1 least occasion either of question between his 
' majesty and that honourable house, or of in- 

* terruption to those worthy and weighty 
1 causes, which by this time, in all likelihood, 
' had been in very good furtherance: where- 
' fore, understanding very credibly, that it 
' pleased his majesty, when the committees hist 
( attended him, to take course with them for a 
' third writ and election for the knights hi pot' the 
'county of Buckingham: 1 am so far from 
' giving any impediment thereunto, that con- 
4 trariuise, I humbly de>ire his majesty's direc- 
*' tion in that In-half to be accomplished and 
' performed. So praying you, according to 
( such opportunity as will he ministered, to «:ive 

* furthcranci: thereunto, 1 take my leave, and 
1 rest yours, most a^ured to he commanded, 
' Fit a. Goodwin. Westminster, 11 Apr. 1604/ 

Die Jori* 9 \'iz. 12 die Apt His. 
A motion made, That Mr. Speaker, in behalf 
of the house, should pray access to his majesty, 
and present their humble Tluuiks for his graci- 
ous presence and direction, upon the hearing of 



1 1 $] STATE TRIALS, 2 James I. 1 605 The Case qf Mixed Money in Ireland. [11* 

ftr Francis Goodwin's cause; which was as- 
sented unto ; and sir Roger Aston, a servant 
of his majesty's bed-chamber, and one of the 
members of the house, was presently appointed 
to know bis majesty's pleasure ; which he did 
accordingly ; and returned, That his majesty 
was willing to give them access in the gallery 
at Whitehall, at two o'clock in the afternoon, 
the same day. Thereupon a Committee was 
tamed to attend Mr. Speaker to the king, 
«kb a general warrant to all others that should 
fee pleased to accompany them. 

Die Veneris, viz. 16 die Aprilis. 

Mr. Speaker retunieth to the house the effect 
of his Message of Thanks, delivered the last 
day in the name of the house to his majesty ; 
as also his Majesty's answer, viz. " That lie re- 
lated to this house the humble and dutiful ac- 
ceptation of what his majesty had done, together 
with the humble thanks of the house for his 
teulous and paternal delivery of his grace unto 
w, bv his own mouth : what wonder thev con- 
wived in his judgment, what joy in his grace, 
what comfort they had in his justice, what 
approbation they made of his prudence, and 
what obedience' they yielded to his power and 
pleasure. That his direction gave all men 
satisfaction. That they were determined to 
pwsue the course lie had prescribed. That 
Dow they were become suitors, he would be 
pleased to receive a representation of the hum- 
ble thanks and service of the house." 

His majesty answered. '• That upon this se- 
cond access, he was forced to reiterate what he 
Had said before. That this question was un- 
Imppily cast upon him, for he carried as great 
R respect to our privileges as ever any prince 
•lid ; he was no ground searcher; he was of the 
mind that our privileges were his strength : 
that he thought the ground of our proceeding 
*as oar not understanding that he had inter- 
neddled before we had decided : that he thought 
iho we had no wilful purpose to derogate any 
riane from him, for our answer was a grave, 
faihj!, and obedient answer. But as the 
*t*il had unhappily cast this question between 
fag, so he saw God had turned it to two good 
*Ms and purposes. One, That lie knew, and 
fed approved our loyalty. Another; That 
b 1 hid so good an occasion to make testimony 
"i his bounty and grace. That as we came 



to give him thanks, so did he redouble his 
thanks to us. That he had rather be a king 
of his subjects, than to be a king of many king- 
doms." 

The second part of his Speech directed to 
the Lords and Us, u That this Parliament was 
not like to be long : that we would treat of such 
matters as most concerned the Commonwealth; 
and the last, of any thing that concerned him- 
self. Three main businesses in our hands. 
1. The Union. 2. Sundry public and com- 
monwealth-Bills. . 3. Matter of religion, and re- 
formation of Ecclesiastical discipline. For the 
Union, that it might be now prepared, and pro- 
secuted the next session. That Union which 
with the loss of much blood could never be 
brought to pass, as now it is. That the better 
to bring it to pass, we should be in affections 
united. That we should first with all care pro- 
ceed in such laws as concern the general good. 
That all heresies and schisms might be rooted 
out, and care taken to plant and settle God's 
true religion and discipline in the church. 
That this wish above all things was at his death 
to leave, 1. One Worship to God. One King- 
dom entirely governed. One Uniformity m 
Laws. Lastly, That his occasions were infi- 
nite, and much beyond tho«e of his predeces- 
sors ; and therefore that in this first parliament 
we would not take from him that which we had 
yielded to others. That in his affections he 
was no ways inferior to others, nor in his de- 
sire to ease us." 

The Warrant for a new Election of a knight 
for Bucks, read -and allowed in this form : 

'.Whereas the right honourable sir John 
' Fortescue, knight, Chancellor of his majesty's 

* Dutchy of Lancaster, and sir Francis Good- 
' win, knight, have been severally elected and 

* returned knights of the Shire for the county 

* of Bucks, to serve in this present parliament: 
' upon deliberate consultation, and for some 
' special causes moving the commons house of 
' parliament, It is this day ordered and re- 
1 quired by the said house, That a Writ be 
< forthwith awarded for a new election of ano- 
1 ther knight for the said Shire : And this shall 

* be your Warrant/ 

Directed, ' To my very loving friend, sir 
' George Coppin knight, Clerk of the Crown iu 
' his majesty's High Court of Chancery.* 



78. The Case of Mixed Money in Ireland, Trin. 2 Ja3ies L 

a. d. 1605. [Davies's Reports.] 

[ u As tlie following Case relates to the King's 
Prerogative of regulating the Coinage * and 
Value of Mooey, in uhich the whole State is 
so immediately and essentially interested, it 



• The royal prerogatives of regulating the 
Coinage and Value of Money, and the history 
•f the exercise of those prerogatives arc well 
exhibited in the earl of Liverpool's Treatise on 
ike Corns of this realm. 

VOL. II. 



properly falls within the scope of this Collec- 
tion. It is taken from tUe English edition of 
sir John DavicsS Kepoi ts." llargrave.] 

V UERN" Elizabeth in order to pay the royal 
army which was maintained in this kingdom lor 
several years, to suppress the lebollion of 
Tyrone, caused a great quantity of Mixed Mo- 
ney, with the usual stamp of the arms of the 
crown, and inscription of lier royal stile, to be 
l 



115] 



STATE TRIALS, 2 Jambs I. 1605.— The Case qf Mixed Money 



[110 



coined in the Tower 'of London, and transmit- 
ted this money into this kingdom, with a Pro- 
clamation, bearing date 24 May, in the 43d 
year of her reign, by which her majesty declar- 
ed and established this Mixed Money, immedi- 
ately after the said proclamation, to be the 
lawful and current money of this kingdom of 
Ireland, and expressly commanded that this 
money should be so used, accepted and reputed 
by all her subjects and others, using any traffic 
or commerce within this kingdom ; and that if 
any person or persons should refuse to receive 
this Mixed Money according to the denomina- 
tion or valuation thereof, viz. shillings for shil- 
lings, sixpenny pieces for sixpenny pieces, &c. 
being tendered tor payment of any wages, fees, 
stipends, debts, &c. they should be punished as 
contemners of her royal prerogative and com- 
mandment. And to the intent that this Mixed 
Money should have the better course and circu- 
lation, it was further declared by the same pro- 
clamation, that after the 10th day of June im- 
mediately following, all other money whirh had 
been current within this kingdom, before t he said 
proclamation, should be cried down and annul- 
led and esteemed as bullion, and not as lawful 
And current money of this kingdom. 

In AprH, before this Proclamation was pub- 
lished, when the pure coin of England was cur- 
rent within this kingdom, one Brett of Droghe- 
da, merchant, having bought certain wares of 
one Gilbert in London, became bound to the 
said Gilbert in an obligation of 200/. on condi- 
tion that he should pay to the said Gilbert, his 
executors or assigns, 100/. sterling, current and 
lawful money of England, at the tomb of earl 
Strongbow iu Christ-church, Dublin, at a cer- 
tain day to come ; at which day and place, 
Brett made a tender of the 100/. in the Mixed 
Money of the new standard, in performance of 
the condition of the obligation ; and whether 
this tender was sufficient to save the forfeiture 
of the obligation, or whether the said Brett 
should now, upon the change or alteration of 
money within this kingdom, be compelled to 
pay the said 100/. in other or better coin than 
in the Mixed Money, according to the rate and 
valuation of it, at the time of the tender, was 
the question at the council table, where the said 
Gilbert, who was a merchant of London, exhi- 
bited his Petition against the said Brctr, for 
the speedy recovery of his debt aforesaid. 

And, inasmuch as this case related to the 
kingdom in gent ral, and was also of great im- 
portance in consideration and reason of state, 
sir George Carew, then Lord Deputy and also 
Treasurer, required the Chief Judges, (being of 
the privy council) to confer on and consider this 
Case, and to return to him their Resolution 
touching it ; who upon conference and consi- 
deration on all the points of the said Proclama- 
tion, resolved, That the tender of the 100/. iu 
the Mixed Money, at the day and place afore- 
said, was good and sufficient in the law, to save 
the forfeiture of tlie said obligation, and that 
Brett should not be obliged at any time after, 
to pay other money in discharge of the debt, 



than this Mixed Money, according to the rate 
and valuation that it had, at the time of the 
tender; and this Resolution was certified by 
them to the Lord-Deputy, and the certificate 
entered in the Council-Book. And in this 
case divers Points were considered and resolved* 
First, it was considered, that in every com- 
monwealth, it is necessary to have a certain 
standard of money. [Cotton 4.] For no Cora* 
mon wealth can subsist without contracts, and 
no contracts without equality, and no equality 
in contracts without money. For although 
in the first societies of the world, permutation 
of one thing for another was used, yet that 
was soon found cumbersome, aud the transpor- 
tation and division of things was found difficult 
and impossible ; and therefore money was in- 
vented, as well for the facility of commerce, as 
to reduce contracts to an equality. ' Cum non 
' facile concurrehat, ut cum tu habercs quod 
' ego desiderarem, ego invicem haberem quod tu 

* accipere velles, electa materia est, cuius pub- 

* lica et perpetua inestiatio difficultatibus per* 
1 mutationem subveniret.' Paul. lib. 1. ff.de con* 
' trahendis empt.' and therefore money is said 
by Bodin to be mensura publico ; and Budclius 
lib. 1. De re nammaria, ca. 3. saith ' moneta 

* est justum medium et mensura rerum com- 
' mutabilium, nam per medium monetae fit om- 
' nium rerum, quae in mundo sunt, conveniens et 
'justa aestimatio.' And to this purpose Keble 
saith, 12 H. 7. 23. b. that every thing ought to 
be valued per argent ; by which word argent, 
he meanetd money coined. And the great utility 
of a certain standard of money and of measures 
is well expressed by Budelius in .this verse, 

Una fides, pondus, mensura, moneta sit una, 
Et status illsesus tot i us orbis erit. 

Secondly, it was resolved, That it appertain- 
eth only to the king of England, to make or coin 
Money within his dominions; [2 Ro. ab. 166. 1 
Co. 146. 5 Co. 114. 1H.1I. P.C.188.] so that 
no other person can do it without special license 
or commandment of the king ; and if any per- 
son presume to do it of his own head, it is trea- 
son against the person of the king by the com- 
mon law ; and this appears by the stat. of 95 
Edw. 3, c. 2, (which is only a declaration of 
the common law,) and by Glanvil, Britton and 
Bracton, before that statute, Stamford fol. 9 
and 3. And in the case <»f Mines, Plowd. 316, 
a. this point is expressed more clearly, where it 
is said, That the king shall have mines of gold 
and silver ; for if a subject had them, he by 
law could not coin such metals, nor stamp a 
print or value upon them, for it appertained! to 
the king only to put a value upon coin, and 
make the price of the quantity, and to put a 
print to it ; which being done the coin is cur- 
rent ; and if a subject doth this it is high trea- 
son at common law, as appears, 23 Ass. p. 9. 
and it is hieh treason to tho king, because be 
hath the sole power of making Money, 6rc. 

And in this book three things are expressed, 
which are requisite to the making of lawful 
money, viz. The authority of the Prince, the 
Stamp, and the Value. But upon the cons** 



STATE TRIALS, 2 James I. 1603.— in Ireland. 



117] 

deration of the case in question, it was observ- 
ed, that six things or circumstances ought to 
concur, to make lawful and current money, viz. 
1. Weight. 3. Fineness. 3. Impression. 4. 
Denomination. 6. Authority of the Prince. 
6. Proclamation. [See 1 H. H. P. C. 196, 
that Proclamation is not always necessary ] 
Far every piece of money ought to have a cer- 
tain proportion of weight or poise, and a cer- 
tain proportion of purity or fineness, which is 
piled alloy. Also every piece ought to have 
s certain form of impression, which may be 
tamable and distinguishable ; for as wax is 
aot a teal without a stamp, so metal is not 
without an impression : ' Et rooneta 
r a mooendo, quia impressione nos mo- 
, cujus sit moneta. Cujus imago est 
? Cse»aris : Date Caesari quae sunt Cse- 
Also every piece of money ought to 
•are a denomination or valuation for how 
such it shall be accepted or paid, ns for a 
penny, a groat or a shilling. And all this 
ooght to be by authority and commandment of 
the prince, for otherwise the money is not law- 
ns' ; and it ought to be published by the pro- 
clamation of the prince, for before that, the 
■oney is not current, — These circumstances 
appear in the antient ordinances made by the 
bag for the coinage of money, as well in this 
kingdom as in England, which are to be found 
 the Tower of London there, and in the Cas- 
tle of Dublin here. Also the indentures be- 
tween the king and the masters of the mint 
prescribe the proportion of weight, fineness, 
sad alloy, the impression or inscription, the 
same and the value- " See the suit. 2 Hen. 6, 
a If, where mention is made of these inden- 
tures; see also Wade's case, 5 Co. 1 14. b. that 
ike king by his proclamation may make any 
turn lawful money of England ; d fortiori, he 
nay, by his proclamation only, establish the 
•caodard of money coined by his authority 
within his own dominion*. 

And that the king by his Prerogative may 
ska pat a price or valuation on all coins, up- 
start by » remarkable case, 21 Kdw. 3, 60, b. 
tstke tune of Will, the Conqueror, the abbot 
•f St. Edniundsbury complained to the king in 
parliament, that whereas he was exempted 
msi the jurisdiction of the ordinary by divers 
satin* charters, the bishop of Norwich had 
lisited his house, contrary to those charters of 
exemption ; upon which it was granted and or- 
aaioed in parliament, that if from thencefor- 
ward the bishop of Norwich or any of his suc- 
cessors should go against the aforesaid exemp- 
tion, they should pay to the king or his heirs 
tasty talents or besaunts. Afterwards in the 
time of Edw. 3, the bishop of Norwich visited 
the house again, against tlie ordinance afore- 
said; and this contempt being found in the 
RiQgVbeoch, a srire facias issued against the 
kisaop to shew why he should not pay to the 
kief the thirty talents or besaunts ; and upon 
an insumcieot plea pleaded by the bishop, the 
court awarded that they should recover tlie ta- 
Isats or besaunts, and that it should be ioter- 



[J1S 

preted hy the king himself of what value they 
should be, more or less ; , hy which it is manl- 
iest that where talents or besaunts, or such 
other pieces or quantities of gold or silver are 
of uncertain value, fur Budelius saith that ' ta- 

* letita sunt varia, et pondera sunt, potius 
' quam numismata', the king hath a power to 
put a certain value upon them, according to 
the rule well known to the civilians, * monetae 
' aestimationem dat, qui cudendi potestatem 

* habet.' And in this point the common, law 
of England agrees well with the rules of the civil 
law, « jus cudendae monetae ad solum princi- 
1 pern, hoc estyiinperatorem, de jure pertinet. 
' Monetandi jus priucipum osstbus inhaeret, 
' Jus monetae comprehenditur in regalibus, 
' quae nunquatn a regio sceptro abdicantur.'— 
Yet by antient charters, this privilege or prero- 
gative hath been communicated to some sub- 
jects in England ; as, to the archbishop of 
Canterbury by charter of king Athdstan, 
Lamb, peramb. Kant. fol. 291. The archbi- 
shop of York and bishop of Durham had mines 
and power of coining money, as appears by 
the statute of 14 Hen. 8, c. 12. ; and the dean 
of St. Martin's-le-grand had the same privilege, 
as is manifest from the stat. of 19 Edw. 4, c. 1. 
And this right of coining money hath been 
granted to several great personages in France 
heretofore, as Choppinus relates, lib. de Doma- 
nio Franc, fol. 217, u. And this prentgative 
at this day is imparted too generally to all the 
inferior princes and states of Germany by 
grant or permission of the emperor ; for it is a 
law of the empire,. * Jus cudenda: monetae, nisi 
( cui ah imperatore concessum fuerit, nemo 
' usurpato.' 

Thirdly it was resolved that as the king by 
his prerogative [J H. II. P. C. 192] may 
make money of what matter and form he 
please th, and establish the standard of it, so 
may he change his money in substance and im- 
pression, and enhance or debase the value of 
it, or entirely decry and annul it, so that it shall 
be but bullion at his pleasure. And note, that 
bullion, which in Latin is culled billio, 'est 
« moneta defensa et proliibita, qua videlicet 

* usu caret/ And that the king hutli used this 
Prerogative in England, appears, by several 
notorious changes of money, made in the time 
of several kings since the Norman conquest. 
26 Hen. 2, ' Monetu veteri reprobata, nova 

* successit.' Matt. Paris Hist. mag. fol. 35. a. 

— Anno 7 Joh. a tiew money whs coined, at 

which time the first sterling money was coined, 

according to the opinion of Camhden, where he 

speaketh'of Sterling-Castle in Scotland, fol. 700 

h. — 32 Hen. 3, the king was obliged to make 

new money, ' cum moneta Angiia 1 circumcide- 

4 batur a circumcisis Jurheis,' as Matt. Pari* 

saith, fol. 703. a.— 7 Ed. 1, the standard of 

money was renewed, when the sterling penny 

was established to contain ' viccsimam partem 

4 unciaV as appears by the old Manna Charta, 

in the ordinance called Compositio MeHturarwn, 

where it is ordained, * quod viginti denarii 

4 fuciant unciam.'— Aauo 29 Ed. 1. when the 



119] 



STATE TRIALS. 2 James I. 1<K)5.— The Case of Mixed Money 



[120 



money called Pollards was cried down, a new 
sterling money was also coined ; see 6 Ed. 6. 
Dyer 82. b. et lib. rubr. Scacc. Dobl. part 2. 
fol. l^b. After this new monies were made, 
9 Ed. 3, and 13 Hen. 4, and 5 Ed. 4, and 19 
Hen. 7, and 36 Hen. 8 ; and lastly 2 Eli*., 
when all mixed and base money was cried 
down, and the standard of pure silver establish- 
ed, which continues to this day, of which Bod in 
maketh honourable mention, Libro 6 de Re- 
publica, cap. 3. 

And it seems these changes of money in 
England were made by the authority of the 
king without Parliament : although several acts 
of parliament have been made for the ordering 
of exchange, and to prohibit the exportation of 
money made and ordained by the king, and the 
importation and utterance of foreign and false 
money, under certain pains and penalties, of 
which some were capital and some pecuniary. 
And several ordinances of the king made with- 
out the parliament are called statutes; as 
Statutumde Moiietsi magnum, et Statutum de 
IUoneta pun u m : winch are called statutes, 
because the ordinance of the king with pro- 
clamation in such case hath the force of an act 
of parliament. 

And as the king hath used to change the 
standard of his money, to wit, the form and 
the substance, so hath be used by his preroga- 
tive to enhance or debase the value of it, not- 
withstanding that the form and substance con- 
tinue! h as it was before, [l H. II. P. C. 192.] 
And thi> was done, 5 Ed. 4, as appears by the 
book, of 9 Ed. 4. 49, "here Danby saith, that 
a Noble was better then, than it was anno 20 
of that king, by 20 d. in each Noble. And 
king Hen. 8, by special commission dated 24 
July, anno 18 of bis reign, authorised cardinal 
Wolsey, with the advice of other of the privy 
council, to put a value on all the moneys of 
England, from time to time, accordiug to the 
rates and values of the monies of foreigu 
nations, which were then too much enhanced, 
especially by the emperor and the king of 
France, as is expressed in the said commission. 
See also 6 and 7 Ed. 6. Dyer 82 and 83. several 
cases on the debasement of money. — And it ib 
to be Observed, that between the 36 of Hen. 8, 
when several sorts of debased money were 
coined in England, and 2 Eliz., when the pure 
standard of silver money was established, there 
were three notorious falls or cry-downs, of base 
monies, published by proclamation : the first, 
9 July, 5 Ed. 6. ; the second, 17 August, the 
same year, as is mentioned, Dyer 83, a. ; the 
third, 28 Sep. 2 Eliz. 

And as the king hath always used to make 
and change the money of England, he hath 
aiso used the same prerogative in Ireland ever 
since the )2th year of king John, when the 
fir?t standard of English money was established 
in thi* kingdom, as is recorded by Matt. Paris, 
Magn. Hi*t. 220. b. where it is said, that this 
king being in Ireland, * constituit ibidem leics 
* et GOiibuetudinet Auglicanas, ponens ibidem 
' vicecomites, ahosque minUtros, qui popuUitn 



' regni illius juxra leges Anglicanas judicarent.. 
' Prsfecit autem ibidem Johannem de Gray 
' episcopum Norwicensein, justiciarium, qui 
' denanum terr&e illius ad pondus numismatit 
' Anglis fecerat publicari, et tarn obolum quam 
' quadrantem rotund urn fieri precepit : jussit 
' quoque rex, vt illius monetae usus tarn in An- 
' glia quam in Hibernia communis ab omnibus 
' haberetur, et utriusque regni denarius in the- 
' saurissuUindifterenter poneretur.' — By which 
it appeareth that the standard of money ia. 
England and in Ireland was equal at first, and 
that the English money was not a fourth part 
better in value than the Irish, as it hath been 
since the time of Ed. 4., for before that, as 
there was one and the same standard of money 
in both kingdoms, so always when the money 
was changed in England, it was also changed 
in Ireland. As in the year 1279, viz. 7 Ed. 1. 
when that king established new money in Eng- 
land, as js shewn before, there was likewise a 
change of money in Ireland, as is observed in 
the annals of this kingdom, published by Cwnb- 
den in his Britannia, where it is said, that in 
the year 1279, ' Doininus Kobertus de Urford 
' justiciarius Hibernia intravit Angliam, ct con- 
' stituit loco fratrem Hobertum de Fulboroe 

I episcopum Waterford, cujus tempore mutata 
' est moneta.' So 29 Ed. 1. when by special 
ordinance of the king the Pollards and Crockards 
were decried and annulled, the same ordinance 
was transmitted into this kingdom and enrolled 
in the Exchequer here, as is found in Lib. Rubr. 
Scacc. part 2, fol. 2. b. Also' in the annals 
aforesaid it is observed in the same year, 
' numisma pollardarum probibetur in An glut et 
' Hibernia. And as the standard of the mow 
nies was equal, so the mints and coinage in 
this kingdom were ordered and governed in the 
same manner as in England, as appears by the 
accouut of Donat and Andrew de Sperdshols, 
assay masters in Dublin, 9 and 10 Ed. 1. in 
Archivis Cnstri Dublin, and in Libr. Rubr. 
Scacc. hie part 2. fol. 1. and in Hot. Pari, in 
Castri Dublin, 12 Ed. 4. c. 60. See also 
several ordinances there touching the mint and 
monies, 7 Ed. 4. c. 9. 10 Ed. 4. c. 4. 16 Ed* 
4. c. 2. 19 Ed. 4. c. 1. 1 U. 3. c. 7. 

But the first difference and inequality be- 
tween the standard of English and Irish monies, 
is found in 5 Ed. 4. for then it was declared in 
parliament here, that the Noble made in the 
time of Ed. 3, Rich. 2, Hen. 4, Hen. 5, and 
linn. 6, should be from that time forth current 
in this kingdom for 10s. and so of the demy- 
noble, and all other coins according to the 
same rate. See Rot. Pari. 5 Ed. 4. c. 40. and 

II Ed. 4. c. 6. and 15 Ed. 4. c. 5. in the 
Roll's-otiice in the Castle of Dublin. After 
which time the money made in Ireland or for 
Ireland was always less in value than the 
money of England, and the usual proportion of 
the diifere ncc wa» the fourth part only, viz. the 
Irish shilling was only 9</. Enclish. See the 
proclamation aforesaid, dated the 44 of May, 
43 Eliz. enrolled in the Chancery here, where 
the queen makes mention of this difference 



121] 



STATE TRIALS, 2 Jambs I. 1605.— in Inland. 



[122 



Bade by her progenitors between the standard 
of money made for this kingdom, and the 
money of England. And note, that that which 
it called the standard of money in this case, 
is the same which is called by the French pied 
it moncy 7 by Bodin pe$ monetarum ; as if the 
prince there pedemjigat, having established the 
weight and purity of money in a certain pro- 
portion, which should not be transgressed by 
tk mooeyers. 

And so it is manifest, that the kings of 
iagnuid have always had and exercised this 
prerogative of coining and changing the form, 
ad when they found it expedient of enhancing 
aad abasing the value of money within their 
dominions : and this prerogative is allowed and 
approved not only by the common law, but 
ako by the rules of the imperial law. Bude- 
lias de re nomroaria, libr. 1. c. 5. ' Princeps 
' ad arbitrium suum, irrequisito assensu subdi- 
i torum, valorem monetae constituere potest ; 
* quia populus, quantum ad hoc, omnem potes- 
' totem et jurisdictionem in principem seu im- 
4 perotorem transtulisse dicitur.' And a little 
titer in the same chapter, although some doc- 
tors are of opinion, * principem sine assensu 
4 popuh inonetam mutare non posse,' yet be 
coockides, ' si princeps consuevisset mutare 
1 monetam auctoritate propria, sine consensu 
1 popuii, * tempore cujus mitii memoria nen 
'existit, tunc libere imposterum eura hoc fa- 
'cere pane. L. hoc jure Paragr. ductus aqua*. 
1 ff. de aqoia quotid. &c.' And Covarruvias, 
fibre de collatiooe vet em m numismatum, cap. 
D* awttrione monetae, saith, ' princeps potest 
'autare monetam ratione publics utihtatis,' 
ul * tempore belli, vel si alias utile populo sit 
'fanruni, ita etiam, ut ex corio fieri possit.' 
lad it is observed by Molineus, libro de lnu- 
taioee moneta, cap. 100/ that the state of 
Boom in the first Punick war, when Hannibal 
ktd posse jo ion of a great part of Italy, and all 
tfeeir treasure was exhausted, enhanced base 
aomey to a great value, for the payment of 
&eir armies ; and yet the justice of that state 
*utaen famous throughout the world. But 
1 Mi est magis justum, quam quod necessa- 
<r *ai' by which it appears, that the mixed 
ateey «as made by queen Eliz. on a just and 
■noenble cause. 

Fourthly, it was resolved, that the said 
aised money having the impression and in- 
scription of the queen of England, and being 
proclaimed for lawful and current money within 
nil kingdom of Ireland, oujjit to be taken 
tad accepted for sterling money ; and on con- 
■deration of this point, the name and the nature 
of Sterling Money were enquired and disco- 
vered. As to the name of Sterling home doc- 
tat of the civil law, being deceived by the 
erroneous report of Polydore Virgil, have con- 
tored, that this English money was called 
Whng, because the iorm of a store, the dimi- 
Muve of which is sterling, was imprinted or 
tamped upon it, and therefore Covarruvias, 
U». de coUatkme veterum numismatum, c. 2. 
'rterlsng' (taith he) ' est argenteus nummus 



I 



1 Anglicus ex vicesima sexta parte unciss, nam 
' viginti sex nummi argentei sterling pendebant 

< unciam, auto re Polydore Virgil 10, in Hist. 
' Anglica, lib. 16. Dictus autem est hie ntun~ 

* mus, ut idem author tradit, sterling, quoa 

< sturnus avis, Anglice a sterling, in altera 
' parte nummi esset impressa.' To the same 
purpose Choppinus de Domanio Franc, lib. 
2. tit. 7. hath this note, caterum Enrico 3.. 
1 Britannia rege, primum percussa est nunc 
' usitatissima sterhngorum moneta, ab effigie 
c sturni sic dicta, anno 1249.'; These doctors 
being strangers, were, it seems, misinformed by 
Polydore Virgil, who was also an alien and a 
stranger. Cut our Linwood also (who made 
his Gloss on the provincial constitutions of Eng- 
land, in the time of lien. 6.) tit. de testam. 
C. Item, quia, verbo, Centum solidos, saith, 
' sterling nomen erat argentes moneta;, et ha- 
' bebat similitudinein denarii usual is, kioc salvo, 
' quod in uoa quarta habebat eftigiemavis, qua; 
1 vocatur sturnus, Anglice, sterling/ 

Others have been of opinion, that tins Eng- 
lish money had the name of Sterling, because 
the first money of this standard was coined in 
the Castle of Sterling in Scotland by king Ed. 
1. But this is also an erroneous opinion, as is 
noted by Cambden in Scotia, pag. 700. where 
speaking of Sterling-Castle, he saith, that * qui- 

* dam monetam probam Angliae quae sterling 
' money dicitur, bine denominatatn volunt, 
' frustra sunt ; a Germ an is enim, quos An- 
' gli Esterlingos ab orientali situ vocanint, 

* facta est appellatio ; quos Johannes rex, ad 
i argentum in suam puritatem redigendum, 
1 primus evocavit; et ejusmodi nuinmi, Ester- 

* lingi, iu antiquis scrip tuns semper reperi- 
' untur.' 

And this latter opinion, without doubt, is the 
better and more probable, by the judgment of 
all the most learned antiquarians of England. 
For in all the antient statutes which make 
mention of this money, it is called ester ling.. 
As 9 Ed. 3. c. 2. &c. ' no false money coun- 
terfeit esterling shall be imported into our 
realm ;' and the same year c. 3. ' no esterling 
halfpenny or farthing shall be molten to make 
vessel/ &c. and 25 Ed. 3. c. 13. ' the money of 
gold and silver, which is now current, shall not 
be impaired in weight or allay, but shall be put 
in the antiont state as in the esterling. 9 And 
Matt. Pans, Magn. Hist. fol. 403. where he 
expresses the form of the obligation made by 
the clergy of England to the pope's bankers 
resident in London, makes mention of this 
money by the name of esterling ; ' Noveritis 

* nos rccipisse ab (A. and B. &c.) centum unci- 
( as bonorum ct legalium esterlingorum, tresde- 
' cim solidis et nuatuor sterlingis pro qualibet 
' unciu compututis.' And the same author, fol. 
710, saith, * eodem tempore moneta Ester- 
' lingorum, propter sui materiam desiderabilem, 
' dete>tabili circiuncisione cxpit deteriorari et 
' corruinpi.* And fol. 575. ' Comitissa de 
4 Biarde venit ad rcgein cum 60 militibus, 
1 durta cupidine Esterlingorum, quibus noverat 
' regein Angliae abundare, et accepit a rege 



123] STATE TRIALS, 2 Jambs I. 1 GOo.—The Cast qf Mixed Money [J 24 



* qaalibet die pro stipendio tresdecim libras 

* Esterlingorum, &c.' And Hovedeo in Rich. 
1. fol. 377. b. makes mention of this money in 
these words, ' videus igitur Galfridus Ebora- 

* censis electus, quod nisi mediante petunia 
' amorem regis fratris nullatenus habere possir, 

* promisit ei (ria initlia libraram Sterlingorum 
4 pro amore ejus habendo ;' and this was 
before the time of king John ; from whence 
it seems, that the time when this money was 
first coined is uncertain ; for some say that it 
was made by Osbright a king of the Saxon race 
160 years before the Norman Conquest. And 
so as Nummus is called from Numa, who was 
the first king who made money in Rome, so 
Sterling is called from the Esterlings who first 
made the money of this standard in England, 
by a metonymia, substituting the name of the 
inventor for the thing invented, as Ceres pro 

frumento, Bacchus pro vino 9 &c. 

And it is to be observed, that the Esterlings 
were the first founders of the four principal 
cities of Ireland, viz. Dublin, Watcrford, Cork 
and Limerick, and of the other maritime towns 
in this kingdom, and were the sole maintainers 
of traffic and commerce, which was utterly 
neglected by the Irish. These cities and towns 
were under the protection of king Edgar and 
Edward the Confessor before the Norman Con- 
quest: and tliese Esterlings in the antient 
records of this kingdom are called Ostmanni. 
And therefore, when Hen. 2. upon the first 
conquest, thought it better to people these 
cities and towns with English colonies taken 
from Bristol, Chester, &c. he assigned to these 
Ostmen certain proportion of land next adjoin- 
ing to each of these cities, which portion is 
culled in the records of antient times, Cuntreda 
Ostmannorurn. And all this was observed on 
the name of Sterling. 

For the nature or substance of this money, 
first it was observed, that the coin which was 
properly called the Sterling was the denier or sil- 
ver penny, as appears in the ordinance called 
compo&itio mensurarum made in the time of E. 1. 
where it is said, * denarius Anghre, qui nomi- 
( natur sterlingus rotundus, sine tonsura, pon- 
' derabit triginta et duo grappa in medio spicae,' 
&c. and every other coin or piece of silver 
was measured by the sterling penny, as the 
groat contained the value of four sterlings, 
and the half groat the value of two sterlings, 
25 Edw. 3. c. 6. and the shilling consisted of 
twelve sterlings, Lin wood de Testament is, C. 
item quia, verb. Centum solidos ; and the Mark 
consisted of 13s. and four sterlings, as before 
is shewn from Matt. Paris; and the maile 
(half-penny) was the half of a sterling ; and the 
farthing the fourth part of a sterling. See an 
ordinance without date in the Magna Charta 
printed by Tottel, anno 1556, fol. 167, and in 
Rastall's old Abridgment, money 52, ( quia 
c inultorum regum temporibus provisum fuit, 
4 quod propter pauperes denarius argenti, viz. 

* sterlingus, divideretur in obolum et quad ran- 
4 tern, ex parte domini regis precipitur, quod 

* quicunque recusavcrit obolum Tel qoadramem 



' debitam habentem fbrmam, capratur.' See 6 
and 7 Ed. 6. Dyer 82, in the case of Pollards, 
where it appears that a sterling and a denier 
were the same ; for there it is said that two 
pollards passed for one sterling, and accord- 
ingly two sterlings* were paid for one denier. 
And indeed in antient tune, every sort of 
money, made of the several metals of which 
money was usually coined, was properly called 
a denarius ; and therefore the French and Ita- 
lians speak properly, when they call all money 
deniers and denarii, for coins (nummi) were 
either copper, silver or gold : each silver one 
was worth ten of copper, and so was called a 
denier ; and each gold one was worth ten of 
silver, and in this respect these were likewise 
deniers. And the antient proportion of gold 
to silver was as ten to one ; and this propor- 
tion, as it seems, David observed in the treasure 
of gold and silver which he prepared for the 
building of the temple ; for the text says,Chron. 
chap. xxii. ver. 14, ' that he provided for that 
purpose 100,000 talents of gold, and 1,000,000 
talents of silver.' So the first and proper sterl- 
ing coin was a denier. 

And for the substance of this denier or sterl- 
ing penny in Weight and Purity: as to the 
Weight, it was at first the 20th part of an 
ounce, viz. an ounce was cut into 20 sterling 
deniers and no more. See the compositio men- 
surarum made in the time of Ed. 1. * in veteri 
' libra de magna charta,' fol. 113. b. and in 
RastaU's old abridgment, tit. weights and mea- 
sures, 4. where it is said, that * viginti denarii 
* faciunt unciam, et duodecim unci* faciunt 
' libram;' and so it was until 9 Ed. 3. at which 
time the ounce of silver was cut into 26 pence. 
Annal. de Rob. de Avesbury MS. See several 
ordinances touching the new sterling money, 
made 9 Ed. 3. Rastnll, money 345. And such 
proportion was continued until 2 Hen. 6. when 
the ounce of silver made 32 pence ; and this 
appears by the statute of 2 Hen. 6. c. 13, 
and also by Lin wood, ' de testamentis, cap. 
item quia, verb. cent, solid. ' Hie solid us,' 
sail I) he, ( sumitur pro duodecim deoariis An* 
' glicanis; horum 26 ponderabant unciam, cum 
' tamen jam 32 denarii vix faciant unciam/ 
And this gloss was wrote in the beginning of 
the reign of Hen. 6. as it is mentioned in the 
preface to his hook. This standard was con- 
tinued until the 5 Ed. 4. and then the ounce 
of silver made 40 pence; 9 Ed. 4. 49. a. and 
12 Ed. 4. c. 60. in Rot. Pari. Dublin. And 
this continued until 36 Hen. 8. when the king 
prepared for his journey to Ballogne; and then 
an ounce of silver was cut into 60 pence, and 
that standard remains to tins day. And so the 
sterling penny, which was at first the 20th part 
of an ounce, is now the 60th part of an ounce; 
and by consequence, the antient sterling penny 
contained as much silver as is contained in the 
three-penny piece that is now current. 

And as to the purity of this sterling [l H.H. 

• So in the original; but qu. whether it 
should not be pollards I 



125] 



STATE TRIALS, 2 James I. 1605.— in Ireland. 



[120 



P. C. 190.] money, lQs.5\d. of the purest silver 
was contained in each pound, and each pound 
•f sterliog money had 1*. 6d{. allay of copper, 
and no more ; and of this allay of sterling 
money, the ordinances or statutes of 25 Ed. 3. 
c. 13. and £ Hen. 6. c. 13. make mention. But 
this is well known to all moneyers, and is con- 
tained in all the indentures made between the 
king and the masters of the mint. 

Tlien the Sterling Money being of such 
weight and fineness, the doubt prima Jacie, was, 
how this Mixed Money should be said to be 
sterling. And for the clearing of this doubt, it 
was said, that in each common piece of Money, 
there is ' bonitas iutrinsica, et bouitas extrin- 
' seca, : mtrinseca consistit in praetiositate mate- 

• rue et pondere,' viz. fineness and weight ; 
4 extrinseca bonitas consistit iu valuatione seu 
' denominatione, et in formu seu charactered 
BudeL de re nummaria, lib. i 1. cap. 7. And 
this bonitas cstrinseca, which is called ' estima- 
' tio sire valor imposititius, est formalis et es- 
' sentialis monetae/ and this form giveth name 
and being to money ; for without such form, 
the most precious and pure metal that can be 
is not money ; and therefore, Molinaeus, lib. de 
mutat. Monetae, saith, ' non materia naturalis 

• corporis monetae, sed valor imposititius est for- 
' ma et substantia monetae, quae non est corpus 

• physicum sed artificiale,' as Aristotle saith, 
Ethic, lib. 5. And so Polit. lib. 1. he saith 
to this effect, that money was first signed and 
imprinted with a certain character, to the in- 
tent, that the people might accept it on the cre- 
dit of the prince or state who publishes it, with- 
out examination or trial of the weight or pu- 
nt?-. And to this purpose Molineus hath this 
rale, Q. 99. ' de jure non re fen sive plus sive 
' minus argenti insit, modo publica, proba, et 
'legitima moneta sit/ Et Balausl. singulari, 
saith, ' in pecunia potius attenditur usus et cur- 
' sos quam materia/ And Seneca, lib. 5. de 
beneficm, ' Ms alienum habere dicitur, et qui 
'aureos debet, et qui corium forma publica 
'percussum/ And it was said that the king 
huh the same prerogative to give value to base 
metal by his impression or character, as he 
hath to give estimation to a mean person by 
imparting the character of honour to him; 
' ac fiet viro quern rex honorare desiderat/ 

And so it was concluded, that after the Es- 
terlings, by command of 1 the king of England, 
ktd made this pure English money, which from 
the name of the makers was called esterling or 
sterling money, the standard of which hath 
been .always the most fixed and unchanged in 
dl the world, (which hath been a great honour 
to oar nation, for in all other kingdoms and 
states, the standards of their money are more 
unsteady and variable,) all money coined by 
the authority of the king of England, and hav- 
ing his character and impression, not only in 
England, but also in Scotland and Ireland, 
bain been sterling money, and so called, re- 
puted and taken by all people, whether the 
matter of it were mixed or pure. And this 
appears by the ordinance which is called ' sta- 



' tutum de moneta magnum,' by which all mo- 
ney is prohibited, ouly the money of England, 
of Ireland and of Scotland, which was properly 
the sterling money. And therefore Freherus, 
lib. de re nummaria, where he enumerates the 
different money of different nations; * sterlingi,' 
saith he, * habentur in Anglia, Scotia et Hiber- 
< «u » And Bodin, lib. 6. de republ. c. 3. 



ma. 



speaking of the money pf Scotland ; in Scot- 
land, saith he, are two pounds, (livers) very dif- 
ferent; one of esterlings, the other custom ar). 
And certainly the usual Scottish pound (livre) 
is like the French livre, and the pound (livre) 
esterling current there is that of England. And 
that base or Mixed Money may be current for 
sterling, appears by the said case of Pollards, 
Dyer 82. b. where it is said, ( quod currebat 

* quaedam moneta in Anglia loco sterlingi quae 
< vocabatur pollards, viz. duo pollardi pro uno 

* sterlingo/ 

Fifthly, it was resolved, that although this 
Mixed Money was made to be current with- 
in this kingdom of Ireland only, yet it may 
well be said, current and lawful money » of 
England, for two causes. — 1. Because thi» 
kingdom is only a member of the imperial 
crown of England ; and this appears 3 Hen. 
7. 10. a. where a question was 'propounded 
to the justices by Hobart, Attorney gene- 
ral, ' si quis sciens monetam ad similitudinem 
' monetae regis Angliae contrafactam, talem 
' monetam in Angliain extra Hiberniam defe- 
' rat, si sit proditio necne : et dixerunt quod 
' Ilibernia est quasi membrum Angliae, et ibi- 
' dem le^ihus Anglia? utuntur, et authoritate 
' regia faciunt monetam/ And to this purpose 
it is recited in the statute of faculties, enacted 
in this kingdom, 28 Hen. 8. c. 19. * that this 
the king's land of Ireland is a member appen- 
dant, and rightfully belongeth to the imperial 
crown of the realm of England, and united unto 
the same/ And in the act of 33 Hen. 8. c. 1. 
by which the stile and title of king of Ireland 
was given to Hen. 8. his heirs and successors, 
it is moreover enacted, that the king shall en- 
joy that stile and title, and all other royal pre- 
eminences, prerogatives and dignities, ( as united 
and annexed to the imperial crown of the 
realm of England/ — 2. It is called lawful mo- 
ney of England, in respect to the place of coin- 
age which was in England, viz. in the Tower of 
London. For although in antient times the 
king had several mints in this kingdom, as he 
had in England, yet since the commencement 
of the reign of queen Elizabeth, all the mints 
have been reduced to one place, viz. The Tower 
of London; and this was done upon good rea- 
son of state, to prevent the falsification of mo- 
ney. And therefore, before the Norman con- 
ouesr, all money was coined in monasteries ; 
tor it was presumed, that in such places no fal- 
sity or corruption would be found. And this 
agrees with the prudence of the Roman state, 
which had but one mint for all Italy, and that 
was in the temple of Juno at Rome, who for 
this cause was called ' Juno moneta/ And for 
this purpose, the emperor Charlemain made * 



1 27] STATE TRIALS, 2 James I. 1605.— The Cote of Mixed Money 



[128 



low, in these words, viz. * de falsis monetis, 

* quia in diversis locis contra justitiuni fiunr, vo- 

* lumus, ut innullo alio loco moneta, nisi in pa- 

* latio nostro, fiat.' Choppinus de Domanio 
Francis, 217. a. Yet in 28 Ed. 1. this prudent 
Icing, for the facility of exchange, caused several 
jnints to be established in several towns in 
England; one in the Tower of London with 
thirty ra maces, another at Canterbury with eight 
furnaces, another at Kingston upon Hull with 
four furnaces, another at Newcastle upon Tyne 
with two furnaces, another at Bristol with four 
furnaces, and another at Exeter with four fur- 
naces. Tractat. de monetii Anglia?, made in 
the time of Ed. 1. which 1 found in the library 
of sir Robert Cotton, which was the hook of 
lord Burleigh, late lord high treasurer of Eng- 
land. J5ec also the clo-e rolls of 29 Ed. 1. in 
the Tower of London. And this np pears also 
by the inscription of divers antient coins, on 
which are expressed the names of the cities 
where thev were coined, according to a verse 
made in the time of Ed. 1. and taken by Stow 
out of Robert le Bnm, an antient manuscript : 
' Edward did smite round penny, half-penny, 

farthing.' 

And then followed, 
' On the king's side, Mas his head and his name 
written, 

* On the cross side, the city where it was smit- 

ten.' 
And this same king having established a 
mint at J)ublin with lour furnaces, and having 
constituted Alexander Norman of Lusk master 
of the mint there, as appear* in several records 
in the archives of the Castle of Dublin; after- 
wards, viz. 32 Ed. 1, when he bail altered the 
furm of the coin, he caused divers stamps con- 
sisting of two parts, of which the one contained 
the pde, and the other the cross, to be trans- 
mitted to the treasurer of this kingdom, as is 
recorded in the red book of the Exchequer here 
in this manner. ' Majiister Guliclmus de Wi- 
' mundham, custos rambiorum domini regis in 
1 Anglia, de precepto venerabilis patris Bnthon. 
1 et Wellenss episcopi, thcs:iuranj cjusdem do- 

* mini regis, mi>it domino (julielmo dc Esen- 

* den, thesaurario in liil»erni:i, vieiuti quatuor 

* peciascuneorum, pro moneta ibidem facicuda, 

* viz. tre»s pilas cum sex crucellis pro dennrijs, 
t, (pes pihis cum sex cnicellin pro obolis, et duas 
' pilas cum quatuor crucelli* pro ferlingis, per 
1 Johaiinem le Minor, Thomas Oowle, et Jo- 

* hannem de Shonlitch, clcricos, de socictate 
» operarioruin et monetariorum London, per 
4 c-tsdein ad monctam pnvdic -tain opcraiidam et 

* ■onetindara.' And there it is likewise nicn- 
sooed. before what witnesses the said stamps 
^ cr . fet : t vered; for ' eune us moneta* tanqiiam 

-cUara ret"i ontodiri debet,' as it is snul in 
-■• -^lrse " de moneta Angli;e* before men- 
~\ aod the reason is, because to cou/i- 
ae of the other is high treason. 
m tan* there was but one mint in 
, «C* Dublin. But long aftcr- 
»Hfc a. * mint was established at 
at Trim, and another at 





Galway; Rot. Pari. 3 Ed. 4. in Castro Dublin. 
And 12 Ed. 4. Rot. Pari. ibid, it is ordained, that 
the masters of the mint in Ireland should make, 
in the castles of Dubl in and Trim, and in the town 
of Drogheda, five sorts of coin, the groat, the 
half-groat, the penny, half-penny and farthing; 
by which it is ma in test that in former times, 
there were five several mints in Ireland, in the 
several towns aforesaid. But all these were 
discontinued in the time of Ed. 6, so that since 
the reign of that king, all die money made in 
Ireland hath been coined in England ; and 
therefore this mixed money, coined in the 
Tower of London, may be properly called 
current and lawful money of England. 

Sixthly and lastly, it was resolved, that al- 
though at the time of the contract and obliga- 
tion made in the present case, pure money of 
gold and silver wns current within this king- 
dom, where the place of payment was assign- 
ed ; yet the mixed money, being established in 
this Kingdom before the day of paymert, may 
well be tendered in discharge of the said obli- 
gation, and the obligee is bound to accept it ; 
and if he refuses it, and waits until the money 
be changed again, the obligor is not bound to 
pay other money of better substance, but it is 
sufficient if he be always ready to pay the 
mixed money according to the rate for which 
thev were current at the time of the tender. 
And this point wns resolved on comideration 
of two circumstances, viz. the time and the 
place of the payment ; for the time is future, 
viz. that if the said Brett shall pay or cause to 
be paid 100/. sterling, current money, &c. and 
therefore such money shall be paid as shall he 
current at such future time; so that the time 
of payment, and nut the time of the con t met, 
shall be regarded. 

Also, the future time is intended by the words 
current money ; for a thing which is passed is 
not in nirsu; and therefore all the doctors, who 
write ' de re nummaria,* agree in this rule, 
' verba currentis monetas tern pus solutionis de- 
' signant.' And to this purpose arc several 
cases ruled in our books, 6 and 7 Ed. G. Dyer 
81. b. After the fall and emhaseinciit" of 
monev, 6 Ed. 6. debt was brought against the 
executors of lessee for years, for rent in nrrear 
for two years, ending ilich. 2 Ed. 6. at winch 
time the shilling (which at the time of the 
action brought, was cried down to (if/.) waj 
current for 12rf. the defendants pleaded a 
tender of the rent on the days when it became 
due, ' in pociis monetae Anglise vocat. ikil- 
' tings, qualibetpecia vocat, shifting, ndtnnc so- 
( lubili pro 12d. and th:it neither the plaintiff 1 
nor any other tor him was ready to receive it, 
cVc. and concluded that thev^ire still ready to 
pay the arrears ' in dictis ptciis vocat. shillings, 
* secundum ratam,' \'C. On this plea, al- 
though the plaintiff demurred, ye*t he was con- 
tent to take the money at the rate aforesaid, 
without cosrs or damages. To the same pur- 
pose is the case of Pollards adjudged, 2t> Ed. 
1. and reported by Dyer 82. b. where in debt 
on an obligation for payment of 24/. at tiro 



129] 



STATE TRIALS, 2 James I. 1605.— in Ireland. 



[130 



several day*, the defendant pleads, that, at the | these words ' currentis moneta?' shall relate to 
day* limited for pa vmeut of the debt in demand the time of the puvment ; vet in wills, they 



payi 
' currehat qnaedaiu inoneta. qu« vocahaiur Pol- 
Urdsy luco sterlingi,' &c. and that the,def< ndaut 
at the first day of payment tendered the moiety 
of the debt in tlie money called Pollards, which 
the plaintiff refused, and tiitit he is still ready, 
&c. and offered it in court, which is not denied 
by the plaintiff; ideo cancessum est, that he re- 
covered one moiety in Pollards, and the other 
in pure sterling money. See 9 Ed. 4. 49. a 
ftmarkable case on the change of money, 
■here it is said, that if a man in nn action of 
debt demands 40/. it shall he intended money 
a bid) is current at the time of the writ pur- 
chased. And tJitTe a case in the time of Ed. 1. 
fcj put, which is directly to this purpose. In 
debt brought upon a deed for 30 quarters of bar- 
ley, price 20/. it was found for the plaintiff, and 
the jury was charged to enquire of the price at 
the time of die payment, and it was said that 
at ibe time of the payment a quarter was at 
12*. but at the time of the making of the 
deed, it was only at 3*. and the plaintiff re- 
covered 18/. fur the corn according to the 
price of it at the time of the payment. To 
this purpose also, Limvood hath a notable 
floss on the constitution of Simon Mepham, 
Lb. 3. de Tcstamentis cap. item quia. For 
a here the constitution is such, 4 pro publica- 
4 tione testamenti pauperis, cujus inventarium 
•' bonorum non excedit centum solidos sterlin- 
' coram, nihil penitus exigatur/ he muket.h 
thisglo*3, * hie solidus smnitur pro duodecim 
'deoarijs Anglicanis, &c. Sed qiucro,' saith 
he, * nuinauid circa hos centum solidos debeut 
'considerari valor in moneta jam currents, 
' vel valor sterlingoram qui currebant tempore 
'sratuti/ and there lie resylvetB, ' quod ubi 
1 ditpositio surgit ex statute, ut hir, licet mo- 
1 neta sit diminuta in valore, tamen debet con- 
'»derari respectu monetx novw currentis, et 
'non respectu antique. Nam mutata nioneta, 
'mutari videtur statutum, ut scilicet intelliga- 
1 ttrde nova, et non de veteri.' See Reg<st. 
JO. a. and 54. b. where the king issues his writ, 
I»W certified of the value of a church. The 
*ttri* of the writ arc secundum taxationcm dc- 
nme jam rurrentii. And 31 Ed. 3. Fitz. II. 
Annuity 28. an annuity was granted to T. 8. 
snul lie was promoted by the grantor to a suf- 
ficient benefice ; I. $.4 .rings a writ of annuity 
sgaia* riie grantor, who pleads that lie had 
tendered to tbc plaintiff u sufficient benefice ; 
tad there issue was taken on the value of die 
krariire at the time of the tender. 
But it was snid that, although in contracts 



shall relate to the time of making the will ; for 
the bequest is in the present tense, * 1 give 

* and bequeath,' cvC and therefore legacies 
shall be paid in such money us is current at 
the time of the making the testament, or ac- 
cording to the rate t hereof. It w as also said, that 
if a man hath 1000/. of pure silver in marriage 
with his wife, and afterwards thev are divorced 
causa precontract us, by which the wife is to 
receive her portion : or if a man recovers by 
an erroneous judgment 100/. in debt, and hath 
execution in pure silver money, and afterwards 
the judgment is reversed, so that lie is to be 
restored to all that he hath lost, although base 
money be established in the mean time, resti- 
tution shall he in such money as was current 
at the time of the marriage, and at the time of 
the recovery. But these latter catcs were not 
resolved. 

And as to the circumstance of place, it was 
resolved, that although the contract was made 
in London, yet, tlie place of payment being 
appointed in Dublin, of necessity the obligor 
must make his tender in the mixed money at 
the time of the payment ; for all other money 
was cried down and made bullion by the pro- 
clamation aforesaid, and this money only esta- 
blished; so that if the obligee had refused this 
mixed mouey, he had committed a contempt, 
for which he might be punished. Also the 
judges are not hound to take notice of any mo- 
ney, that is not current by proclamation. And 
therefore Prisot saith, 34 Hen. 6. 13. a. * we 
' are not apprised of 6/. Flemish, as we are of 
' 100 nobles ;* and therefore in all contracts of 
inercliauts, * consuetudo ct statuta loci, in 

* quein est destinnta solutio, re^picienda feunt/ 
Budelius de re numranrisi, lib. '2. <;. 21. And 
it was said, that if at tins day the law should 
be taktn, as it was taken in the time of Ed. 1. 
that upon judgment in debt given in England, 
on a testatum that the defendant hath nothing 
in England, but that he hath goods and lund* 
in Iretnnd ; a writ of execution shall be award* 
ed to the chief justice or deputy of Ireland, to 
levy the debt there, (which writ is found in 
Registro Brer. Jud. 43. b.) tlie sum in such 
case shall be levied according to the rate of 
Irish money, and not of English money, and in 
such coin as shall be current in this kingdom, 
ut the time of the execution. 

And according to this Resolution, several 
otlier Cases on the same point were afterwards 
ruled and adjudged in the several Courts of 
Record in Dublin. 



VOL. it. 



IS*] 



STATE TRIALS, 3 James I. 1005.— ArticuU CHrt. 



0»se 



79. Ahticuli Clkri : Articles (so intitled by Lord Coke) of 
Complaint against the Judges of the Realm ; exhibited by 
Richard Bancroft, Archbishop of Canterbury, in the Name 
of the whole Clergy: Michaelmas Term/ 3 Jac. a. d. 1605. 
Together with the Answers thereunto by all the Judges and 
Rarons. [Lord Coke's 2d Inst. 601.] 



.LORD Coke, in treating of the Stat. 9 Ed. 2. 
called A rticuli Clf.hi, says: 

" Long before the making of this statute, that 
is, anno 42 U.S. a. d. 1258, Boniface younger 
M>nne of Thomas earle of Savoy, archbishop of 
Canterbury, uncle of Klinnor queen of Eng- 
land, who was daughter of Reymoud earle of 
Province hv Beatrix daughter. of Thomas earle 
of Savoy, and sister to the said Boniface, made 
divers and ninny canons and constitutions pro- 
vincial! directly against the lawes of the realme, 
which canons begun thus : * Universis Christ i 
1 fidelibus ad quos pnrsens pagina pervenerit, 
1 Bonifacius miserntione diviua Cantuariensis 
' archiepiscopus, totius Anglin?. primas, et sui 
' sutfruganci in vcrbo sahitari salutem.' And 
ending thus : ' Actum apud Westm', sexto 

* iduum Junii a.d. 1258. In quorum omnium 

* robur et testimonium, &c.' which being ex- 
ceeding long, we could not here insert. But 
the effect of them is, so to usurp and incroach 
upon many matters, which apparently belonged 
to the common law, as, amongst many others, 
the try a 11 of limits and bounds of parishes, and 
right of patronage, against tryall of right of 
tithes (by indicavU) against. wriis to the bishop 
u|)On a recovery in a quart impedit, ike. In the 
king's courts. That none of their possessions 
or liberties, which any of the clenry had in the 
right of their church, should be tryed before 
any secular judge ; (so as they would not have 
conusance of things spiritual!, but of temporall 
also) and concerning distresses and attach- 
ments within their fees, and in effect, that no 
quo warranto should be brought against them, 
when they had been long in possession, with an 
invective against the perverse interpretation by 
the judges of the realme (so they termed it) of 
charters, &c. granted to them, and in substance 
against the ancient and just writs of prohibi- 
tion in cases, where by the lawes of the realme 
they are maintainable : and commandement 
given to admonish tlie king and interdict his 
lands and revenues, and thnudred out excom- 
munications against the judges and others if 
they violated, or obeyed not the said canons 
and constitutions. And this was the principull 
ground of the controversies between tlie judges 
of the realme and the bishops : for this caused 
ecclcsnstieall judges to usurp and uicroarh 
upon the common law. But notwithstanding 
the greatness*- of the archbishop Boniface, and 
thatdiverd of the judges of tlie realm were of the 
clergy, and all the great officers of the realm, as 
chancellor, treasurer, privie seale, &c were pre- 
lutes ; jet the judges proceeded according to 



the lawes of the realm, and still: kept, though- 
with great difficulty, the ecclesiastical courts- 
within their just and proper limits. The court* 
by pretext of these canons being at variance, 
at length at a parliament holden in tlie 51 yearr 
of Henry the third, Boniface, and the rest of 
the clenry, complained (which was ultimum 
rtfugium, and yet the right way) and exhibited 
many Articles ns grievances, called Articvti 
Cleri. The Articles exhibited by the clergie 
either by accident or industry are not to be 
found; some of the Answers are extant, • viz. 

* Ad 16 Articulum de usurte, respondctur, quod 

* licet episcopus, ike. — Ad 17 articulem de defa- 

* matione, &c. respondetur, si aliquis defa- 
' matus, &c si autein certae persons nominate 
' fuerint, per quas rci Veritas melius scire po- 

* tent, noininantur, ad proband' matrimonium 

* vel testamentutn : et similiter in accusatio- 
1 nibus tales persona iinpcdiendae non sunt, 

* quia testimonium perliibent veritati, scd prop- 
' ter hoc non est congregatio laicorum faciend*, 
' quia per congregationem hujusmodi servitia 
' domiuus possit deperire. — Ad 18 Artie' doini- 
' nas posuit remedium. — Ad 19 Artie' respon- 

* detur, quod archiepiscopus de episcopatu 
1 vacante 11011 se intromittat quantum ad tem- 

* poralia, sed tantum se de spirit ualibus intro- 

* mittat, &c— Ad 20 Artie' respondetur, quod 
4 de clericis occisis, et de hits qui forsan occidi 
1 coutigerit, in futurum tint justitia, secundum 
'legem et consuetudinem terra, ike. — Ad 21 
' Artie* respondetur, quod excommunicato per 

* ordinariimi, aut aliuin judicem competentem, 
' et denunciatus Ui liter, debebit ab ahis evitari* 
( nisi forsan excommunicatus conqueratur se 
' esse injuste excommunicntum pro aliqua re 
1 temporaii, dc qua non debcat coram ordinario 
' respondere, ad cujus probationera debet ad- 
1 mitti, sed in caiieris qua; proponit, ut actor, 
i est interim evitandus .*— Ad 22 Artie' mandu- 
( bitur justiciariis, quod non tiant aliqua? prisas 
1 per totam terrain de bonis aliquorum, nisi dc- 
' bitae prisa? et consneta*. — Ad 23 Artie' res- 

* pondetur, quod cum aliqui teneant aliquod de 

* rege in capite unde custodia debeatur, cus- 

* todia^ omnium terrarum de quibuscunquc 

* teneutes illi tenementa ilia teneant cum acci- 
' derint (si inde custodia habere debeatur) hac- 
' tenus ex con«uetudine approbata spectarunt 

* ad regem, sed episcopi si ex pt dire vidcant, 
( inhiUant tenentibus suis, ne aliqua tenementa 

* si hi pvrquirant de feodis regis.' 

These Answers are yet extant of record, and 
are worthy to be read at large as they jet 
remaine; whereuoto we refene the reader. 



«3] 



STATE TRIALS, 3 James I. UiQ5.— Articuli Cleri. [134 

of his fidelity and great wisdome, and * Wal- 
4 terus 'urchiepiscowus Cantuarieusis reci era- 



Tbis is to be observed, that none of Boniface's 
Canons against the lawes of the realm, and the 
crowne and dignity of the king, and the birth- 
right of the subject, are here confirmed. 

What the residue of the Articles and the 
Answers were, may be collected by that act 
of parliament entitled ' Prohibitio tor mat a dc 
statu to Articuli Cleri,' which was made in the 



time of Edward the first, about the hegiuning high time that we should descend to the pcru- 
-ru: : „.i.:^i. i— : ~i. .1 .... x^ _j - sail of the preamble, and the Aiticles and An- 
swers. But before we come to it. it shall con- 
ihicemuch to the right undemanding of dixers 
parts of this act of parliament, to report unto 
you what Articles Richard Bancroft archbishop 
of Canterbury exhibited in the name of the 
whole .clergy in Michaelmas terme anno 3 Ja- 
cob, regis to the lords of the privie counceli 
against the judges of the realm, mtuled, 



of his reign, which begiimeth thus : Eduardus, 
irf. pnrkttis, SfC. wherein divers points are to 
W observed against the canons of Boniface : 
4 1. Quod cognitiones placitorum super feoda- 
1 lihus et libertatibus feodalium, districtionibus, 
4 officus ministrorum, executionibus contra pa- 

* cenvaostram factit, felonuin negotiationibus, 
4 coosoetudinibus aecularibus, attachiamentis, 
9 \i Jaica malerac tori bus rectatis, robberiis, 
' arrestutionibus, maneriis, advocationibus ec- 
4 desiarum, suttirientibus as sisis juratis, re- 
1 cogoitionibiis laicum feodum * contingenti- 

* has, et rebus aliis, et causis pecuniarum, 
4 et de aliis catallis et debitis quae -non sunt 
' de testament' vel raatriinon' ad coronam 
4 et dignitatem regiuin pertineant, et de regno 

* de coiisuetud' ejusdem regni approbata, et 

* hacteuus observata. 2. Et proceres, et inag- 

* nates, aut alii de eodem regno teinporibus 
' nostrorura predeceasorum regum Angliae, seu 
' nostra authoritate alien jus non consuevemut 
'-coutra consuetuilinem ilium super hujustnodi 
4 rebus in causa train vel compelli ad compa- 

* rcnduin coram quocunque judice ecclesiastico.  
' 3. Et quod vicecoines non permittant, quod 

4 aliqui iaici in baliva sua conveniuntad aiiquas 

* recognitions per sacramenta sua fnciend', 
1 nisi in causis inatrhuonialibus et testaineu- 
' tariis.* Of the substance of this prohibition, 
firrrtonspeaketh in these words, ' et queux ount 
1 sutiert pleader en court christian auters pleas, 
' que de testament on inatriinonie, et de pure 
4 spiritueltie sans deniers prender de lay home. 
*0u *uriert lay home iorrer de vant lord i nary.' 

After this the Clergy, at a Parliament holden 
rathe raigne of the same king E. 1. preferred 
Aiticles intitled * Articuli contra prohihitiou- 
ca regis,' fearing lest by reason of some gene- 
rjfl words therein tliey might be prohibited in 
causes, which of right belonged to the ecclesi- 
astical jurisdiction, in these words, ' sub hue 
1 forma impctrant laici pruhibitionem in genere 
1 toper decimis, oblationibus, obveniionibus, 
4 inurtuariis, redemptionibus penitentiarum, 
' viokntn manuuin iujectiane in clericum vel 
4 coiiiiuiftsariuiu, et in causa defamations, in qui- 
' bus cusibus agitur ad pcenam cauonicam mi- 
4 pnnendam.' And a just and legull Answer 
was made thereunto, as thereby appeareth. 
fiat it i» to be observed, that they claimed no- 
thing which was against the true lucaniug of 
the*aid art. called * Prohibitio fonnata de sta- 
4 Into Artie' Cleri,' nor any of Boniface's* canons 
Co rxe confirmed ; and so these matters rested, 
untill the parliament holden at Lincoln in the 
ninth yea/e of Edw. <2, where Walter Key nolds 
bithop o( Canterbury (whom the king favour- 
ed, Much oqe f singularly for the opinion he had 



iepisco|»us I antuarieusis regi gn 
* tiosissimus fuit, hac regis squiisima re sponsa 
' ad pralatorum petita obtinuit/ in the name 
of hiinsclfe and of the clergy, preferred these 
16 Articles, and by autlwrity of parliament 
had the Answers here following seriatim -to 
every one of them. — And now it may seem 



Certain Articles of Abuses, which are desir- 
ed to be reformed, in granting of Prohibi- 
tions, and the Answers thereunto : 

Upon mature deliberation and consideration, 
in Easter terinc following, by all the Judges of 
England, and die barons of the exchequer, 
with one unanimous consent under their hand* 
(resolutions of highest authorities in law) -which 
were delivered -to the lords of .the counceli. 
And we for distinction sake (because we shall 
have occasion often tq cite them; cadi them 
Articuli Cleri 3 Jacubi. 

1. His majesty hath power to reforme abuses 
in Prohibitions. 

Objection. The clergy well hoj>ed, that they 
had taken a good course in seeking some re- 
dresse at his majesties hands concerning sun- 
dry abuse* offered to hKecclcsiastieall jurisdic- 
tion, by the over frequent and undue granting 
of prohibitions ; for both they and we supposed 
(all jurisdiction, both ecclcsiasticall and tem- 
poruil being annexed to the imperial] crowne 
of tlus real me) that his higlmesse had been 
held to have had sufficient authority in him- 
selfe, with the assistance of his counceli, to 
judge what U amisse in either of his said juris- 
dictions, and to have reformed the same ac- 
cordingly ; otherwise a wrong course is taken 
by us, if nothing may hee reformed that is now 
complained o£ but what the temporal I judges 
shall of them*elvts willingly yeeld unto. This 
is therefore the first point, which upon occa- 
sion lately olfertd before your lonUhips by 
some ot the judges, we desire may be cleared, 
because we are strongly perswnded us touching 
the validity of his majesties said authority, and 
doe hope that we shall he able to ju*ti1ic the 
same, notwithstanding any tiling that the 
judges, or any other can alledge to the contrary. 

AnsvLr of the Judges. No man makcih 
any question, but that both the jurisdictions 
are lawfully and justly in his majesty, and 
that if any abuses be, they ought to bee re- 
formed : but what the law doth warrant in 
cases of prohibitions to keep e\ery jurisdiction 
in his true limits, is not to be said an abuse, 
nor can be altered but by parliament. 



133] 



STATE TRIALS, 3 James I. \<>05.—ArtkuU deri. 



[13(5 



2. The formes of Prohibitions prejudiciall to 
his majesties authority iu causes ecclesias- 
tical!. 

Objection, Concerning the forme of prohi- 
bitions, forasmuch as boih the ecclesiasticall 
and temporall jurisdictions be now united in 
his majestie, which were heretofore dc facto, 
though not dc jure derived from severall head>, 
we desire to be satisfied by the judges, whether, 
as the case now staudetli, the former manner 
of prohibitions heretofore used importing an 
ecclesiasticall court to be uliud forum <i foro 
regio, and the ecclesiastical I law not to be 
legem terra, and the proceedings in those 
courts to bee contra coronam ct dignitatem rc- 
giam, may now without offence and derogation 
to the kings ecclesiastical prerogative be con- 
tinued, as though either the said jurisdictions 
remained now so distinguished and severed as 
they were before, or that, the lawes ecclesinsti- 
call, which wee put iu execution, were not the 
kings and the rcalm<»s ccclc*ia*ticall lawes, as 
well us the temporall lawes. 

Ansuer. It is true, that both the jurisdic- 
tions were ever dc jure in the crown* \ though 
the one sometimes usurped by the see of 
Koine ; but neither in the one time, nor in the 
other hath ever the forme of prohibitions been 
altered, uor can bee but by parliament. And 
it is contra coronam ct dignitatem rcgiam for 
any to usurp to deale in Unit, which they have 
not law full warrant from the crowne to deale 
in, or to take from the temporall jurisdiction 
that which belonged to it. The prohibition* 
doe not. import, that the ecclesiu si icall courts 
are aliud then the kings, or not the kings 
courts, but doe import, that the cause is drawne 
into aliud examen then it ought to be : and 
therefore it is alwaies said iu the propositions 
(lie the court temporall or ccclesiasticall, to 
which it is awarded) if they deale iu any case 
which they have not power to hold plea of, 
that the cause is drawn ad aliud tinmen then 
it ought to he ; and therefore contra coronam 
et dignitatem rcgiam. 

3. A fit time to be assigned for the defend- 
dnnt, if he will seek a Prohibition. 

Ohjcction. As touching the time when Pro- 
hibitions are granted, it secmeth strange to u«, 
that, they are not onely granted at the suit of 
the defendant in the ccclesiasticall court after 
his answer (whereby hee afunneth the jurisdic- 
tion of the said court, and submitteth hnu-elic 
unto the same ;) hut also after all allegations 
and proofes made on both sides, when the 
cause is tally instructed and furnished for son- 
tenee : vea. after sentence. vea alter two or 
three sentences given, and after, execution of 
the said sciitenrv <>r sentences, ami win n the 
party for his long continued disobedience is 
laid iu priviTi upon the writ of -excommunicato 
capiendo t which courses, forasmuch as they are 
against the rules of the common law iu like 
cases, ns we take it, and doc tend so greatly to 
the delay ofjubticc, vexation, and charge of the 



subject, and the disgrace and discredit of his 
majesties jurisdiction ecclesiasticall, the judgei, 
as we suppose,- notwitlistanding their great 
learning iu the lawes, will be hardly able in 
defence of them to satisfie your lordships. 

Antzcer. Prohibitions bv law arc to be 
granted at any time to restraiue a court to in- 
termeddle with, or execute any thing, which by 
law they ought not to hold pfea of, and they 
are much mistaken that maintaine the con- 
trary. And it is the folly of such as will pro* 
ceed in the ecclesiasticall court for that, 
whereof that court hath not jurisdiction ; or in 
that, whereof the kings temporall courts should 
have the jurisdiction. And so themselves, by 
their extraordinary dealing, are the cause of 
such extraordinary charges, and not the law? 
for their proceedings iu such case are corah 
non judicc. And the kings courts that may 
award prohibitions, being informed either by 
the parties themselves, or by any stranger, that 
any court temporall or ecclesiasticall doth hold 
plea of that, whereof they have not jurisdiction, 
may lawfully prohibit the same, as well after 
judgement and execution, as before. 

•J. Prohibitions unduly awarded heretofore 
in all causes almost of ccclesiasticall cog- 
nizance. 

Oljcctim. Whereas it will be confessed, 
that cause* concerning testaments, matrimony, 
benefices, churches, and divine service, with 
many orVences against the 1, 2, 3, 4, 5, 7, 9, 
and 10 coiumandemeuts, arc by the lawes of 
this reuhn of ccclesiasticall cognizance, yet 
there aic few of them, wherein sundry prohi- 
bitions have not been granted, and that more 
ordinarily of latter times, then ever heretofore, 
not because we that arc ecclesiasticall judges 
doe give greater cause of such granting of them, 
then before have been g'nen, but for that the 
humour of the time is growne to be too eager 
against ail ccclesiasticall jurisdiction. For 
whereas, iov examples sake, during the raigne 
of the late cjueen of worthy memory, there 
have lieeii 48*1 prohibitions, and since his ma- 
jesties time 8-2 sent into the com t of the arches; 
we humbly desire your lordships, that the 
judges may be urged to hiing forth one prohi- 
bition often, nay the twentieth prohibition of 
ail the said 48S, and but 2 of the said 82, 
which upon due considerations with the libels 
in the ccclesiasticall court, they shall he able 
to justitic to have been rightly awarded : we 
suppose they cannot ; our predecessors, and 
we our sehes have ever been so cartfull not to 
exceed the cotnpnsse and limit* of the ccclesi- 
asticall jurisdiction : which if thev shall refuse 
to attempt, or shall not he able to perfonne, 
then we refene our stives to your lordships 
wisdomes, whether we have not just, cause to 
complaine, and crave restraint of this over 
lavish grain ina of prohibitions iu every cause 
without respect. That which we have said of 
the prohibitions in the court of the arches, we 
verily pcrswade our selves may be truly affirm- 
ed of all the ecclesiasticall courts in England, 



137] 



STATE TRIALS, 3 James I. \GQ3.—Articuli Cleri. 



[13* 



which doth so much the more aggravate this 
abuse. 

Annetr. It had been fit they should have set 
dowue some particular cases, in which they Hod 
the ecciesiasticall courts injured by the tempo- 
nil (its their lordships did order) unto which 
we would have given a particular answer; but 
spon these generalities nothing but clamour can 
be concluded. And where tbey speake of mul- 
titude^ of Prohibitions ; tor all grunted to, or in 
respect of any ecciesiasticall court, we have 
Heretofore caused diligent search to be made in 
in kings bench and common pleas, from the 
beginning of his majesties raigne, unto the end 
0! Hilary term, in the third yeare of his raigne; 
in which time we find, that there were granted 
unto all the ecciesiasticall courts in England 
out of the kings bench but (251 ; whereof 14$, 
were de modo decimandi, upon unity of posses- 
lion, for trees of SO yenres growth and upwards, 
tad for barren and heath ground ; and all out 
of the common pleas, but 62, whereof 3 1 were 
wrh as before, and the rest grounded upon the 
bounds of parishes, or such other causes as they 
taoht to be granted for; but for that which was 
done in the late queenes time, it would be too 
lor* a search for us to make, to deliver any cer- 
tainty thereof. And for his majesties time, 
U4T requiring to have but two to be lawfully 
wvraiited upon the libell in the ecclesiastical! 
oart, we have six to shew to he lawfully 
warranted upon tlte libell there, and so are nil 
tue rest of like kind, by which it will appeare, 
tut this suggestion is not onely untrue, hut 
wo, that the extraordinary charges growing 
Liito poore men, are of necessity by meanes of 
thi undue practices of ecciesiasticall courts. 

5. The multiplying of Prohibitions in one and 
the same cause, the libell being not altered . 

Objection. Although it hath been anciently 
irdaioed by a statute, that when a consultation 
d once duly granted upon a prohibition made 
u the judge of holy chnrch, the same judge 
*av proceed in the cause, by vertue of that 
CMMiitalion, notwithstanding any other prnhi- 
t Lja to him delivered, provided that the mat- 
te jd i ho libell of the same cause he not en- 
piwd, enlarged, or otherwise changed; yet 
>'t»it!i*tandiug prohibitions and consultations 
m one and the same cause, the libell being no 
• lies altered according to tho said statute, are 
otcly so multiplyed, as that in some one cans*', 
%t aforesaid, two, in some three, in some other 
M prohibitions, and so many consultations have 
Utn awarded, yea divers urc so grnntid out of 
ftne curt: aj> for example, when after long suit 
i consultation is obtained, it is thought a sufii- 
rent cau«e to send out another prohibition in 
revocation of the said consultation, upon sii£- 
P*ti-*n therein contained, that the said consnl- 
ttiiim minu* commode emtmavit. By which 
ynxiy device the judges of thoee courts which 
Paot prohibitions, may', notwithstanding the 
*A stafuie, upon one "libell not altered, grant 
to rnany prohibitions as they list, commanding 
■« ecciesiasticall judges in his majesties name, 



not to proceed in any cause that is so divers 
times by them prohibited, whereby the poore 
pluiutifes doe not know when their consulta- 
tions (procured with great charge} will hold, and 
so finding such and so many difficulties, are 
driven to goe home in great griefe, and to leave 
the causes in Westminster-hull, the ecciesiasti- 
call judges not daring to hold any plea of them. 
Now may it please your lordships, the premisses 
being true, we humbly desire to heare what the 
judges are able to produce for the justifying of 
these their proceedings. 

Answer. It were fit they should set downe 
particular causes, whereupon this grievance is 
grounded, and then we doubt not but to answer 
it sufficiently, without using any pretty device, 
such as is set downc in this article. 

6. The multiplying of Prohibitions in divers 
causes, but of the same nature, after con- 
sultations formerly awarded. 

Objection. We suppose, that as well his majes- 
ty's ecciesiasticall jurisdiction, as also very many 
of his poore, but dtitifnll subject*, are greatly 
prejudiced by the granting of divi-rsscverall pro- 
hibit ions, and consultation* in causes of one and 
the same nature and condition, aud upon the 
selfe samV suggestions: for example, in case of 
beating a -clerke, the prohibition being granted 
upon this suggestion, that all pleas dc vi ct ar- 
mis belong to the crowne, tkc. notwithstanding 
a consultation doth thereupon ensue, yet the 
very next day after, if the like suggestion be 
nude upon the beating of another cierkc, even 
in the same court another prohibition is award- 
ed. As also, whei e 570 prohibitions have been 
granted since the late queenes time into the 
court of arches (as before is mentioned) and 
but 113 consultations afterwards upon so many 
of thein obtained : yet it is evident by the said 
consultations, that (in effect) all the rest of the 
said prohibitions ouirht not to have been award- 
ed, as being grounded upon the same sugges- 
tions, whereupon consultations have been for- 
merly granted: and so it followeth, that the 
causes why consultations were awarded upon 
the rest of the baid prohibitions, were for that 
either the plaint ifes in the court ecciesiasticall 
were driven for sax iug of further charge, to com- 
pound, to their lo*sc, with their adversaries, or 
were not able to sue for them : or being able, yet 
through strength of opposition against them, 
were con-trained to desist; which i» an argu- 
ment to us, that the temporall judges doe wit- 
tingly und wiiiincly grant prohibitions, where- 
upon they know, before hand, that consult at ions 
are due: and if wo mistake any thing in the 
premises, we des-ire your lordships, that the 
judircs, for the justification of their courses, may 
better enformc u*. 

Answer. It shall be jjood, the ecclesiastical 
judges doe better enfornu* themselves, and that 
thev put some one or two particular rases to prove 
their Mi«:gcstions, and thereupon they will find 
their owne crrour; for the case- may be so, that 
two >everall ministers siting in the ecciesiasticall 
court for beatini: oi them in one and the selfe 



139] 



STATE TRIALS, 3 James L 1 G03.— ArticuH Cleri. 



1144) 



same forme, that the one may and ought to 
have a consultation, and the other not. And 
so it is in cases of prohibitions, de modo deci- 
tnandi ; and hereof groweth the oversight in 
making this objection. And we assure our 
selves, that they shall not find 570 prohibitions 
granted into the arches since her late majesties 
death; for we find (if our clerkes affirme truly 
upon their search) that out of the kings bench 
have been granted to all the ecclesiasticall courts 
in England but 251 prohibitions (as before is 
mentioned) from the beginning of his majesties 
raigne, unto the end of Hilary termelast; and 
out of the common pleas not 63. And therefore 
it cannot be true, that so many have passed to 
the arches in that time, .as is set downe in the 
article ; and this article in that point doth ex- 
reed that which is set downe in the fourth arti- 
cle by almost 500, and therefore whosoever set 
this downe, was much forget full of that which 
was before set downe in the fourth article, and 
might well have forborne to lay so great a scan- 
dull upon the judges, as to affirme it to be a 
witting and willing crrour in them, as is set 
downe in this article. 

7. Xew formes of Consultations, not ex- 
pressing the cause oi the granting of them. 

Objection. Whereas upon the granting of 
Consultations, the judges in times pa>t did 
therein expresse and acknowledge the causes so 
remitted to be of ecclesiasticall cognizance, 
which were presidents and judgements for the 
better assurance of ecclesiasticall judges, that 
they might afterward hold plea in such cases, 
and the like ; and were also some barre as well 
to the tcinporall judges themselves, as also to 
many troublesome and contentious persons from 
either granting or seeking prohibitions in such 
cases, when so it did appeare unto them upon 
record, that consultations had been formerly 
granted in them ; they the said temporall judges 
have now altered that course, and doc ouely 
tell us, that they grant their consultations certis 
de can sis ipxos apud Westm* wovcnlihus, not ex- 
pressing the same particularly, according to 
their ancient presidents. Hy monies whereof 
the temporall jud^c^ leave themselves at liberty 
without prejudice, though they deny a consul- 
tation ; at another time upon the same matter 
contentious persons are animated, finding no 
cause expressed, why they may not at another 
time sccke for a prohibition in the same cause; 
and the ecclesiasticall judges are left at large to 
thinkc what they list, being no way institictcd 
of the nature of the cause which procured the 
consultation : the reason of which alteration in 
such consultations, w e humbly intreat your lord- 
ships, that the judges, for our better instruction, 
may be required to exprc&sc. 

Answer. If we find the declaration upon the 
Mirmi«c, upon which the prohibition is granted, 
not to warrant the surmise, then we forthwith 
grant u consultation in that forme which is men- 
tioned, and that matter being mentioned in the 
consultation would lie very long and cumber- 
some, mid give the ecclesiasticall court little in- 



formation, to direct them in any thing there- 
after ; and therefore in such cases, for brevity 
sake, it is usuall : but when the matter is to re- 
ceive end by demurrer in law, or tryall, the 
con Mil tat ion is iu another forme. And it is 
their ignorance in the arches, that will not un- 
derstand this, and we may not supply their 
delects with changing our formes of proceed- 
ings, wherein if they would take the advice of 
any learned in the lawes, they might soon re- 
ceive satisfaction. 

8. That Consultations may "be obtainpd with 
lesse charge and difficulty. 

Objection. The great expences and manifold 
difficulties in obtaining of Consultations are be- 
come very burtheusome to those that seeke for 
them ; for now a dayes, through the malice of 
the plaintifes in the temporall courts, and the 
covetous humours of the clerkes, Prohibitions 
are so extended and enlarged, without any ne- 
cessity of the matter (some one prohibition con- 
taining more words and lines then forty prohi- 
bitions in ancient times) as by meanes tliereof 
the party iu the ecclesiasticall court, against 
whom the prohibition is granted, becomes either 
unwilling, or unable to sue for a consultation, it 
beins now usuall and ordinary, that in the con- 
sultations must be recited in eadc/n verba" the 
whole tenour of the prohibition, be it never so 
long ; for the which (to omit divers other fees, 
which are very great) he must pay for a draught 
of it in paper viii. d. the sheet, and for the entry 
of it xii. d. the sheet. Furthermore, the Prohi- 
bition is quicke and speedy; for it is ordinarily 
granted out of court by any one of the judges 
in his chamber, whereas the Consultation is very 
slowly and hardly obtained, not without (often- 
times) costly motions in open court, pleadings, 
demurrers, and sundry judiciall hearings of both 
parties, and long attendance for the space of 
two or three, nay, sometimes of eight or nine 
yeaivs before it be obtained. The inconve- 
nience of which proceedings is so intolerable, 
as we trust, such as are to grant consultations 
will by your lordships meanes not onely doe 
it expeditely, and moderate the said fees; but 
also re forme -the length of the said consulta- 
tions, according to the formes of consultations 
in the Register. 

Answer. It were fit tlie particular cause were 
set dowue, whereupon the geucruil grievance, 
that is mentioned in this article, is grounded ; 
and that done, it may hat en full answer: for a 
Prohibition is grounded upon the libcll, and the 
Consultation must ngiee therewith also; and 
therefore we doubt not, but the ground of this 
grievance, when it. is well looked into, will grow 
from themselves in interlacing of much nuga- 
tory and unnecessary matter in their liheils : and 
for the tees taken; wee assure our selves, none 
are taken, but such as are anciently due and 
accustomed ; and it will appiure, that we have 
abridged the fees, unit length of pleadings, and 
use no dehtyes, but such as are of necessity, and 
we wish they would doe the like, and upon ex- 
amination it will appeare of %i Inch side it gnmci. 



141] 



STATE TRIALS, 5 James I. 1605.— Artiadi Oeri. 



[142 



that the fees or delayes are so intolerable. And 
where in ancient time sueh as sued for tithes, 
would not sue but for things questionable, 
and oever sought at their parishioners hands 
their tithes in other kinds then anciently they 
had been used to Ijave been paid ; now many 
turbulent ministers do infinitely vexe their pa- 
rishioners for such kinds of tithes as they never 
had, whereby many parishes have been much 
impoverished : and for example, we shall shew 
one record, wherein the minister did demand 
seventeen severall kinds of tithes, whereupon 
the partie suing a prohibition had eight or nine 
of them adjudged against the minister upon de- 
nurrer in law, and other passed against him by 
tryall, and this must of necessity grow to a mat- 
ter of great charge ; but where is the fault, but 
io the minister that gave occasion ? and we will 
shew one other record, wherein tlie party con- 
fessed to some of us, that bee was to sue his pa- 
rishioner but for a calfc and a goose ; and that 
has proctor neverthelesse put in the libeli or de- 
mand of tithes, of seven or eight things more 
then be bad cause to sue for : this enlarged the 
Prohibition, and gave occasion of more expence 
then needed ; and where is the fault of this,, but 
in the ecclesiasticall courts? and as in these, so 
can wee approve in many others; and there- 
fore wee must retort the cause and ground of 
this grievance upon themselves, as more parti- 
cularly may appeare by the severall presidents 
to be shewed in this behalfe. 

9. Prohibitions not to be granted upon fri- 
volous suggestions. 

Objection* it is a prejudice and derision to 
both his majesties ecclesiastical and temporal 
jurisdictions, that many prohibitions are grunted 
upon trifling and frivolous suggestions, altogether 
tnworthv to proceed from the one, or to give 
soy hinderance or interruption to the other: 
ts upon a suit of tithes brought by a minister 
against his, parishioner, a Prohibition flyeth out 
upon suggestion, that in regard of a special 
receipt, called a cup of buttered beare, made 
by the great skill oi the said parishioner to cure 
a grievous disease called a cold, which sorely 
toebled the said minister, all his tithes were 
discharged. And likewise a woman being con- 
vented for adultery committed with one that 
suspiciously resorted to her house in the night 
limey the suggestion of a Prohibition in this 
esse was, that ( omnia placita de nocturnis 
* ambulation! bus' belong to the king, &c. Also 
where a legatary sued for his legacy given in a 
watt, the prohibition was, * Quia omnia placita 
'de doms et consessionibus spectant ad forum 
( regiura, et non ad forum eecicsiasticum, dum- 
'modo non sint de testamento et matrimonio;' 
is if a legacy were not donatio de or in testa- 
mtmo, with many other of like sort. The re- 
formation of all which frivolous proceedings, 
so chargeable notwithstanding to many poore 
Ben, and the great hind em nee of justice, we 
humbly referre to your lordships consideration. 

Anucer. We grant none upon frivolous 
ug&estions, but for the case put, it i$ ridicul-ais 



in the minister to make such a contract (if any 
such were) but that maketh not the contract* 
void, but discovereth the unworthiness of the 
party that made the same, and yet no fault in 
granting the prohibition ; but when it shall ap- 
peare unto us, that such a matter is suggested 
by fraud of any elerke or couuceller at law, we 
will not remit such offences, but will exclude 
such attorney from the court, and such coun- 
ccllers from their practice at the barre. And 
if they will suggest adultery to one, against 
whom they prove but night walking, and doe 
adjudge him for it, we are in such a case to 
prohibite their proceedings: for that is a mat- 
ter meerly pertinent to the temporall court ; so, 
if it appeare hee hath eutred the house as a 
tluefe, or a burglarer, and so in many other 
cases also. And if any surmise a legacy from 
the dead, where it was but a promise or pay- 
ment in his life time, in that case such a suit is 
to be prohibited : but if in these cases the par* 
ties were named, then we might see the record, 
and thereupon be directed to shew upon what 
consideration these prohibitions were granted, 
otherwise we shall think that these are cases 
newly invented. 

10. No Prohibition to be granted at his 
suit, who is plaintife in the spirituall court. 

Objection. We suppose it to be no war- 
rantable nor reasonable course, that prohibi- 
tions are granted at the suit of the plaintife in 
the ecclesiasticall court, who having made 
choice thereof, and brought his adversary there 
into tryall, doth by all intendment of law and 
reason, and by the usage of all other judiciall 
places conclude himself in that behalfe ; and 
although he cannot be presumed to hope for 
hclpe in any other court by way of prohibition, 
yet it is very usuall for every such person so 
proceeding onely of meere malice for vexation 
of the party, and to the great delay and hinder- 
ance of justice, to find favour for the obtaining 
of prohibitions, sometimes after two or three 
sentences, thereby taking advantage (as he 
must plead) of liis owne wrong, and receiving 
aide from that court, which by his owne con- 
fession, he before did conteinne; touching the 
equity whereof, we will expect the answer of 
the judges. 

Ansucr. None may pursue in the ecclesi- 
asticall court for that which the kings courts 
ought to hold plea of, but upon information 
thereof given to the king's courts, either by the 
plaintife, or by any meere stranger, they are to 
be prohibited, because they deale in that which 
appertained not to then* jurisdiction, where if 
they would be care full not to hold plea of that 
winch appertained not to them, this needed 
not : and if they will proceed in the kings 
courts against such as pursue in the ecclesias- 
ticall courts for matter temporall, that is to be 
inflicted upon them, which the quality of their 
offence requireth; and how many sentences 
howsoever are given, yet prohibitions there- 
upon are not of favour, but of justice to be 
granted. 



I W] 



STATE TRIALS, 3 James I. 1 605.— ArticuU Clcri. 



[1U 



1 1 . No Prohibition to be granted, but upon 
due consideration of the libell. 

Objection. It is (we are persuaded) a great 
abu*»e, and one or' (he chiefe grounds of the 
ino>t of the former abuses, and many other, 
that prohibitions arc granted without sight of 
the libell in the ecclesiastical! court; yea, 
sometime* before the libell be there exhibited, 
whereas by the I awes and statutes of this realiuc 
(as we thinke) the hhcll (being a bricfe declara- 
tion of the matter in debate bctweeue the 
plaintiie and defendant) is appointed us the 
only rule and direction for the due granting of 
a prohibition, the reason whereof is evident, 



pleasure draw any cause whatsoever from the 
ecclesiastical I court: for example, many prohi- 
bit uns have lately come forth upon this sugges- 
tion, that the lawes ecclesiastical! do require 
two witness", win- re the common law accept* tu 
of one; and therefore it i* contra It gem term, 
for the ecclesiastical 1 judge to insist upon two 
witnesses to prove bis cau«e : upon which *ug- 
j: est ion, although many consultations have been 
granted (the same being no way as yet able to 
warrant and maintaiuu a prohibition) yet be- 
cause \te are not sure, but that either by rea- 
son of the use of it, or of some future construc- 
tion, it may have given to it more strength then 
is convenient, the same tending to the utter 



viz. upon diligent consideration of the libell it, , .. ,, ,-,...,.. 

will easily uppeare, « hether the cause belong I overthrow u all ecclesiastical! jurisdiction we 
to the temporall or eccloiasticall cognizance, j mtts \ ,,mnbl J desire, that bv vo,,r to"W»«P" 
as on the other side without sight of the libell, i " O0<l m ™™*> &t sai ^ »™y be ordered to be 
the prohibition must needs nm«j;e and roave • no more U! *cd. 

with strange and forraignc suctions at the A**™r. It the question he upon payment, 
will and pkasure of the devisor, 'nothing perti- or SL ' Uln S out OI llt,,cs > or u P on the P ro,itc ot '» 
nent to the matter in demand : whereupon it ! lc - llc >"\ or »»: irr,a :4y, "r audi like incidence, we 

t when the judge eccle-ias- ' iir4? to ,euie lt to tlUi tr y a!l oi lheir law » though 



cometh to passe, that 



ticallis handling a matter of »'.moiiv, si prohi- i l ! ,c P»rty have but onewitnesse; but where 

a sujjc^tiol^ that the ' l . nKlUer ,s imt determinable in the ecclts 



bitkm is grounded upon 

eouit tryeth * placita de advocaiionibus cccle- 
' siarum, et de jure patronatu*.' And when 
the libell containeth nothing but the demand of 
tithe wool), and lamb, the prohibition surmiseih 
a custome of paying of tithe pigeons. .So that 
if it may be made a matter of conscience to 
grant prohibitions only, where they doe rightly 



sias- 



ticail enm-r, there lyeth a prohibition cither 
upon, or without such a surmise. 



1° 



o. 



No good suggestion for a Prohibition, 
that the cause is neither testamentary, nor 
matrimoniull. 

Oljiction. As the former device last men- 




iii the ecclesia^ticall court, before nnv prohibi- i lwokil,d of causes to deale in, %i/.. testamentary, 

' r ; and matnmomall : and this device iusultcth 



tion be granted. 



mightily in many prohibitions, commanding the 

be the cause never so 
il cognisance, yet bee 



Answer. Who hatli an ndvow>on granted to ""P««»J "» » "»>' promtmi 
him for money, beim: sued for simonv, shall ' ^dLsUtoticalljiwlge, that 1 
hive a Prohibition ;' and it i* manifest, that ! "I'pawnUy oi ercle»mstic:;. 
though in the libell there appeare no matter to ' " lj|1 =" lll <*" se ; ^ »««* .'* "w:hcr a cause tes- 
grant a prohibition, yet upon a collateral sur- i tament.iry, nor matnmomall: which suggestion, 
mise the prohibition is to be granted : as where a * lt S' ew at * ,,e ! irs , 1 u P ou mI ^aking, and oum- 



one is sued in a spirituall court for tithes of 
sitva cadttdj the paity may ?ugge$r, that thev 
were grosse or grerit tree*, and have a prohibi- 
tion, yet no such matter appcareth in the Hhcll. 
$') if one bee sued there lor violent hand-* hii<i 
on a minister by an osti'.er, as a constable, hec 
Wing s>ued there may biiggcst, that the plaiutife 
made an affray upon another, and he to pre- 
serve the peace laid h:md.> on him, and so ha\e 
a prohibition. And so in very many other like 
cases, and yet upon the libell no matter ap- 
penreth why a prohibition should be granted : 
uml they will nevir shew, that a custome to pay 
pigeons was allowed to discharge the payment 
of woi'll, lnmb, or such like. 



XT ./,... . ". , , ! tisrit<i. that we prohibit not so gem rail v as th 

12. i\o Iruhibition to be granted under; pretend, nor «ioe in anv wise deale further th 

pretence, that one witnesse cannot be re- I we oUL | lt to < i(ll . f , tli *. prejudice of that whi 

ceivedm the ecclesiastical 1 court, to ground ap nirittincth to that jurisdiction; tut wh 



a judgment upon. 

Objection: There is a new devised suggestion 
in the temporall courts commonly received anil 
allowed, whereby they may at their will and 



tin^r, the words, dc bonis et cutfillis, Ac as may 
uppeare by divers anrieut prohibitions in the 
Kegister; so it will not be denied, but that, be- 
sides those two, divers and sundry other causes 
are notoriously knowne to be of ecclesiasticall 
cognizance, and that < onniltations areas bfiially 
awarded, if suit in that behalfe be prosecuted, 
notwithstanding the said suggestion, as ihcir 
prohibition* are easily grantid ; which, ns an 
injury, marching with the rv< to wound poore 
men, protract suits and prejudice the courts 
ecclL»iasticail, wc desire that the judges will be 
pleaded to red rose. 

Au%u(r, If they observe well the answer to 
the former objections, thev mav be there!) v sa» 
tislitc. tlr.it hc prohibit, not so generally as they 

hen 
lich 
hen 
they will dealc with mailers or temporall con* 
tracts, coloured with pretended ccclusiasticall 
matter, wee ought to prohibit them with that 
tonne of prohibitions, mentioning, that it con- 



145] 



STATE TRIALS, 3 James I. 1005.— Ariiadi ClerL 



[146 



ceroeth not matter of marriage, nor testament- 
ary: and they shall not find that we have 
granted any, but by form warranted, both by 
the Register, and by law : And when sugges- 
tions, carrying matter sufficient, appeare to us 
judicially to be untrue and insufficient, we are 
as ready to grant consultations as prohibitions • 
and we may not alter the forme of our prohi- 
bitions upon the conceits of ecclesiastical! 
judges, and prohibitions granted in tiie forme 
«t downe in the article, are of that forme which 
\n law they ought to be, and cannot be altered 
lot by parliament. 

14. No Prohibition upon surmise onely to 
be granted, either out of the kings bench, 
or common pleas, but out of the chancery 
onely. 

Objection, Amongst the causes whereby the 
ecclesiastical I jurisdiction is oppressed' with 
multitude of prohibitions upon surmises onely, 
this hath a chiefe place, in that through incroach- 
ment (as wte suppose) there are so many seve- 
rall courts, and judges in them, that take upon 
them to grant the same, as in the kings bencMi 
fire, and in tlie common pleas as many, the one 
court oftentimes crossing the proceedings of the 
uther, whereas wee are perswaded, that all such 
kinds of prohibitions, being originall writs, 
ought onely to issue out of the chancery, and 
neither out of the kings bench, nor common 
pleas. And that this hath been the ancient 
practice in that behalfe, appeareth by some 
statutes of the reakne, and sundry judgements 
at the common law ; the renewing of which 
practice carrietb with it an apparent shew of 
great benefit and conveniency, both to the 
church, and to the subject : for if prohibitions 
were to issue onely out of one court, and from 
one man of ? uch integrity, judgement, sincerity, 
and wisedom, as we are to imagine the lord 
caaacellour of England to be endued with, it is 
aot likely, that he would ever be induced to pre- 
judice and pester the ecclesiasticall courts with 
»s*aoy needlesse prohibitions; or, after a con- 
wkation, to send out in one cause, and upon 
sit and the same libell not altered, prohibition 
assa prohibition, his owne act remaining upon 
record before bim to the contrary. The fur- 
tier consideration whereof, when, upon the 
jatges answer thereunto, it shall be more tho- 
roughly debated, wee must referre to your lord- 
ships honourable direction and wisdome. 

Ammer. A strange presumption in the ec- 
detiasticall judges, to require that the kings 
courts should not doe that which by law they 
ought to doe, and alwayes have done, and which 
by oath they are bound to doe ! and if this 
shall be holden inconvenient, and they can in 
discharge of us obtaine some act of parliament 
to take it from all other courts then the chan- 
cery, they shall doe unto us a great ease : but 
the Law of the realme cannot be changed, but 
by parliament : and what reliefe or ease such 
an act may worke to the subject, wise men. will 
soone find* out and discerne : but by these ar- 
ticles thus dispersed abroad, there is a gene rail 

VOI~ II. 



unbeseeming aspersion of that upon the judges, ' 
which ought to have been for born. 

15. No Prohibition to be awarded under a 
false pretence, that the ecclesiasticall judges 
would hold no plea for custoines for tithes. 

Objection. Amongst many devices, whereby 
the cognizance of causes of tithes is drawn from 
ecclesiasticall judges, this is one of the chiefest, 
viz. concerning the tryall of customes in pay- 
ment of tithes, that it must be made in a tem- 
poral! court : for upon a quirke and false sug- 
gestion in Edward the fourth his time, made by 
some sergeants, a conceit hath risen (which 
hath lately taken greater strength then before) 
that ecclesiasticall judges will allow no pica of 
custome or prescription, either in non decimando, 
or in modo decimandi ; and thereupon, when 
contentious persons are sued in the ecclesiasti- 
call court for tithes, and doe perceive, that upon 
good proofe judgement Will be given against 
them, even in their owne pleas, sometimes for 
customes, doe presently, knowing their own 
strength with jurors in the country, flie unto 
Westminster hall, and there suggesting that they 
pleaded custome for themselves in the ecclesi- 
asticall courts, but could not be heard, doe 
procure thence xery readily a prohibition ; and 
albeit the said suggestion be notoriously false, 
yet the party prohibited may not bee permitted 
to traverse the same in the temporall court, di- 
rectly contrary to a statute made in that behalfe : 
neither may the judge prohibited proceed with- 
out danger of an attachment, though himselfe 
doe certainly know, either that no such custome 
was ever a Hedged before him, or being alledg- 
ed, that he did receive the same, and all man- 
ner of proofes offered thereupon: which course 
seemeth the more strange unto us, because the 
ground thereof laid in Edward the fourth his 
time, as aforesaid, was altogether untrue, and 
cannot with any sound reason be maintained : 
divers statutes and judgements at the common 
law doe allow the ecclesiasticall courts to hold 
plea of such customes ; all our bookes and ge- 
nerall learning doe therewith concorre, and the 
ecclesiasticall courts, both then and ever since, 
even untill this day, have, and still doe admit 
the same, as both by our ancient and recent 
records it doth and may to any most manifestly 
appeare. And besides, there are some consul- 
tations to bee shewed in this very point, wherein 
the said surmise and suggestion, that the eccle- 
siasticall judges will heare no plea of customes, 
is affirmed to be insufficient inlaw to maintaine 
any such prohibition : and therefore we hope, 
that if we shall be able, notwithstanding any 
thing the judges shall answer thereunto, to jus- 
tice the premisses, your lordships will be a 
meanes, that the abuses herein complained of, 
having so false a ground, may be amended. 

Anftvcr. The temporall courts have alwayes 
granted prohibitions as well in cases dc modo 
decimandi, as in cases upon real! compositions, 
either in discharge of tithes, or the manner of 
tithing : for that modus decimandi had his ori- 
ginall ground upon some composition in thr.t 
J- 



U7) 



STATE TRIALS, 3 James I. }605.—Artiwli Clcri. 



[144 



kinde made, and all prescriptions and compos 
bit ions in these cases arc to he tryed at the 



oyer- borne, and poore ministers still left unto 
country tryalls, there to Justine the rights ot* 



common law, and the ecclesiastic all courts their tithes before unconscionable jurors in 



ought to be prohibited, if in these case* they 
had plea of tithes in kind : but if they will sue 
in the ccclesiast icall court de vwdo decimandi, 
or according to composition, then we prohibit 
ihoro not : and the cause why the ecclcsiast icall 
judges find fault herewith, is because many 
ministers have arowne of late more troublesome 
to their parishioners, then in times past ; and 
thereby workc unto these courts more enmmo- 
dity, whereas in former ages they were well con- 
tented to accept that which was used to be 
paid, and not to contend against any prescrip- 
tion or composition ; but now they grow so 
troublesome to their neighbours, us were it not 
for the prohibition (ns may appeare by the pre- 
sidents before remlnnbred) they would soone 
overthrow nil prescriptions mid compositions 
that are for tithe*, wrnch doth and would breed 
such a general I garboile amongst the people, ns 
were to be pitied, and not to he permitted. 
And where thev sav, there bee many statutes 
that take away these proceedings from the tem- 
poral! courts, they arc much deceived; end if 



these ca?es. 

Ansicer, The answer to the former article 
may serve for this; and w here the objection 
seeuu th to impeach the try all at the commou 
law by jurors, we hold, and shall be able to ap- 
prove it to be a furre belter course for matter 
of fact upon the testimonie of witnesses, 
sworne viva wee, then upon the conscience of 
any one particular man, he ins; guided by paper 
proofes ; and we ne\cr heard it excepted unto 
heretofore, that any statute should be expound- 
ed by nny orher then the judges of the iand ; 
neither was there e\er nnv so much over-seen, 
as to oppose himsclfe against the practice of all 
ag*»s to make that question, o? to lay any such 
unjust imputation upon the judges of the 
reahnc. 

17. No Prohibition to he granted, because 
the treble value of tithes is sued for in the 
ccclttiiisi icall .court. 

Objection. Whertasit appenreth plainly by 
the ttnour of the statute of Edw. 6", rap. IS, 



they looke well unto if, they shall find even the ! that judges ecclesiastical!, and none other, are 
,same statutes, they protend, to give way ento it. j to licare and determine all suits of tithes, and 
And it is strange they will nliirme so great an other duties for the same, which are given by 
untruth, as to say, they are not permitted to the said act ; and that nothing else is added 
traverse the suggestion in the tempor.di court; j t •» former lawes by that statute, but oncly cer- 
for both the law nud daily practice doth allow taine penalties, for example, one of treble 
it. value: forasmuch us the said penalty, being 

on civ devfeed as a mcanes to worke the better 
1G. The Customcs for Tithes arc onc.y to be . p liV , MH1 t of tithes, and for that there are no 
tried in the ecclesiasucall conns, and ' v .ord,used in the said statute to give, jurisdic- 
ought not to be drawne thence by Trohi- :ioll l0 aiiy tiuiiponilL court, we hold it most ap- 
parent, that the said penalty of treble value. 



bilious. 

Objection. Although some indiscreet ccclc- 
Viasticull judges, either in the time of king Ed- 
ward the 4th, or Edward the Gth, might, 
against law, have refused in some one cause to 
admit n plea of custoiue of tithes, to the preju- 
dice of some person whom he favoured, and 
might thereby pcradventure have given occa- 
sion of some one prohibition, but whether they 



being a duty gircn in the snid statute for non- 
payment of tithes, cannot bee demanded in the 
temporal! court, but onely before the ecclesias- 
tical! judges, according to the expresse word* 
of the said statute -. and the rather, wee are so 
persuaded, because it is most agreeable to all 
luwcs r.nd reason, that where the principal! 
cause is to bee decided, there ail things ma- 



did so or no, the suggestion of a lawyer for his j dent and accessary are to bee determiner!, 
fre is no good proofc, yet forasmuch as by j Ik'aidcS:, it was the practice of all eeclesinstt- 
tlirrc statute* made since that time, wherein it i call courts in this ri-alme, immediately after the 
is ordained, viz. both that tithes should be truly : making of the kui«1 statute, and hath continued 
paid, according to the custome, and the trvall so ever since, to c.ward treble damages, when 
of such payments, according to custumc upon , there hath been cju^*, without any opposition, 
any default or opposition, should be tryed in I untill about ten yu:ircs pa*t, when, or about 
the king-* ecele>iasticall court?, and by the , which tin. -\ rjoiwiii.^andmg the premisses, the 
kings ecclcsiasticall Jnwes, and not otherwise, ' temporal! judges be^aa to hold plea of treble 
or before any other judges then ccclc-Ma-t icall, value, and doe now aconnpt it so proper nnd 
we most humbly desire your lordships, that if j peculiar ;u their jrrisdictions, as In colour 
uccordir.g to the said lawes we*bc most ready i thereof tl:< \ admit suits originally for the said 
to heare :uiy plea ot customes your lordships , penalty, and doc make thereby, wrv absurdly, 
would be pleaded, that the judges may not be I the penalty nf trchle value I > live principal), 
permitted hereafter to grant any prohibitions : whi<:'» is indeed hut the itccc.-^ry; t:\A the 
upon such false surmises; or if they shall an- ' e< ::ii/.:»ncf of tithes to lice but t'la accessary, 
swer, that wee mistake the said statutes, that wlneh in all due construction is most evident to 
then the said three statutes inav bee throughly ; he the principal!, thereby wholly perverting the 
debated before your lordship?, lest under pre- true nuan.ing ia\d drill of that statute, where- 
tence of a right, which they challenge, to ex- ; upon if in the *pirituail court the treble value 
yound these kind of statute*, the truth may be be now demanded by the libel! as a duiv, cc* 



Uv] 



STATE TRIALS, 3 JaKes I. 1605.— Articidi CUru 



[150 



cording to that stature, or that sentence be 
awarded directlj and sincerely upon the said 
hbcll, presently, as contentious persons are 
disposed, a prohibition is grunted, and some 
sharp words are further used, as it' the ecclesi- 
asticall judges were in some further danger for 
holding of these kind of pleas: and then fore 
nemost humbly desire, that if the judge** shall 
must in their answers upon such their strain- 
ing of the said statute, your lordships will he 
ffceased to heare the same further debated by 
to with them. 

Answer. If they observe well the statute, 
they shall find, that the ecclesiasticall court is 
by that statute to hold plea of no more, then 
that which is specially thereby limited lor them 
to bold plea of ; and (he tempo rail court not 
restrained tliereby, to hold plea of that which 
is not limited unto the ecclesiasticall court by 
that act, and of that they hud jurisdiction o( 
before : and the forfeiture of double value is 
eipretly limited to be recovered before the cc- 
deViasticali judges ; but where a forfeiture is 
given by an act generally not limiting where to 
tie recovered, it is to be recovered iii the kiugs 
temporal I courts, and the cause why it is so di- 
tided, seemeth to be for that, where by that 
act, temporall men were to hue for their tithes 
in the ecclesiasticall court, where it was then 
presumed they were to have no great favour : 
therefore the party grieved might, if he would, 
pursue for the forfeiture of the treble value in 
the temporall court, where hee was to recover 
oo Utiles ; but if he would sue where he might 
also recover the tithes, then hee would pursue 
tor the double value : for th;it is specially ap- 
poiuted to be recovered in the ecclesiasticall 
court, but not the treble value. And although 
the? alledge, that they sometimes used to main- 
taine suit tor the treble value, yet as soon ns 
tout was complained ot' to the kings courts, 
they ga»e remedy unto it as appertained. 

13. No Prohibition to be awarcled, where 
die pcrsoii is stopped from carrying away 
of his tithes by him that setteth thein 
forth. 

Objtction. As the said statute of Eduard 
the 6th last mentioned assigneth a penalty of 
treble valae, if a m»n upon pretence of cus- 
tom*, which cannot be justified, shall take 
tway Jus ccrne before he hath set out his tithes ; 
to also in the said statute it is provided, that if 
any man having set out his tithes, shall not af- 
terwards surfer the parson to carry them away, 
Ace. he shall pay the double value thereof so 
carried uwav, the same to be recovered in the 
ecclesiasticall court. How be it the clearnesse 
of the statute in this point, notwithstanding 
in; a ne* are found to draw this cause also from 



in*; or intent that the parson shall ever carry 
them away ; for presently thereupon they will 
cause their owne servants to load them away to 
their owne barues, and ieaye the parson as he 
can to seek his remedy ; which if Le do attempt 
in the ecclesiasticall court, out comet h a Pro^ 
hibition, suggesting, that upon severance and 
setting forth of the tenth part from the nine, 
the sume tenths were presently by law in the 
parsons possession, and being thereupon be- 
come a lay chattell, must be recovered by an 
action of tiespastc at the common law, whereas 
the whole pretence is grounded upon a ineere 
perverting or' the statute, which doth both or- 
dain, that all tithes shall be set foith truly anut 
justly without fraud and guile ; and that also 
the pardon shall not be stopped or hindered 



from 



carrying 



or  



them awav. neither of which 



conditions me observed when the farmer doth 
set them to. t h, meaning to curry them away 
himselfe, for that is the fraudulent setiing of 
them out ; and ulso, when accoidingly hee 
taketh them away to his own use ; for thefeby 
hee stoppeth the parson to carry them away : 
and consequently the penalty of this offence is 
to bee rccovcied in the said ecclesiasticall 
courts, according to the words of >he said sta- 
tute, and not in any court temporall : wherefore 
we most humbly desire your lordships, that ti- 
the? the judges may make it apparant to your 
lordships, that we mislikx; this statute in this 
point, or that our ecclesiasticall courts may 
ever hereafter be freed from such kinds of pro- 
hibitions. 

Answer. For the matter of this article it is 
answered before, and where the truth of the 
case is, that he that ought to pay predinll tithes, 
doth not divide out his tithes, or doth in any 
wise interrupt the parson* or his deputy, to see 
the dividing or setting oftliem out: that ap- 
pearing unto unjudicially, we maintain no pro* 
hihitiou upon any suit there tor the double 
value, but if after the tithes severed, the parson 
will sell the tithes to the party that divided 
them, upon the surmise thereof, we doe, and 
ought to grunt a prohibition ; but if that sur- 
mise doe prove untiuc, we do us re.idily grant 
a consultation, and the party seeking the same, 
is, according to the statute, to have his double 
costs and damages. 

19. No prohibition to be granted upon any 
incident plea in an ecclesiasticall cause. 

Objection, Wc conceive it to be great injury 
to his majesties ecclesiasticall jurisdiction, thac 
prohibitions are awarded to hi** ecclesiasticall 
courts upon every by, and evtry incident plea 
or matter alledged there in barre, or by way 
of exception, the principall cause being un- 
doubtedly of ecclesiasticall cognizance : tor 



tie ecclesiasticall court ; for such as of hatred i example, in suit for tithes in kind, if the limits 

of the parish, agreements, compositions, and 
arbitrariments, as also whether the minister 
that sueth as parson, be indeed parson or vicar, 
doe come in debate by way of barre, although 
the same particulars were of temporal! cogni- 
zance (as some of them woe may boldJj 



towards their ministers arc disposed to vexe 
them with suits ut the common law (where 
they titide more favour to main taine their 
wrangling, then they can hope for in the eccle- 
uafeticall court) will not raile to set out their 
tribe* before witnesses, but not with any mean- 



131] 



STATt TRIALS, 3 James I. \Wk-»*ArtkuH Clcri. 



[152 



not) yet they were in this case examinable iu 
the ecclesiasticall court, because they are mat- 
ters incident, which come nut in that cane 
imally to be sentenced and determined, but 
a,e used as a meane and furtherance for the 
decision of the maine matter in question. And 
so the case standeth in other such incideut 
pica* by way oi barre; for otherwise either 
party in every cause might at his pleasure, by 
pleading some matter temporal I by way of ex- 
ception, make any cause et/cicsiasticall whatso- 
ever subject to a prohibition, which is contrary 
to the reason of the common law, and sundry 
judgments thereupon given, as wee hope the 
judges themselves will acknowledge, and there- 
upon yeeld to have such prohibitions hereafter 
restrained. 

Answer. Matters incident that fall out to 
be meere temporal I, are to be dealt withall in 
the temporal 1, and not in the' ecclesiastical 
court, as is before particularly set downe in the 
eleventh article. 

20. That no tempo rail judges, under colour 
of authority to interpret statutes, ought, 
in favour of their Prohibitions, to make 
causes ecclesiasticall to be of temporall 
cognizance. 

Objection, Although of late dayes if hath 
been strongly held by some, that the interpre- 
tation of all statutes whatsoever doe belong to 
the judges temporally yet we suppose, by cer- 
tuin evil effects, that this opiuiou is to bee 
bounded within certaine limits ; for the strong 
conceit of it hath already brought forth this 
fruit, that even those very statutes which doe 
concern e matters meerly ecclesiasticall, and 
were made of purpose with great caution, to 
preserve, enlarge, and strengthen the juris- 
diction ecclesiasticall, have bee*n by colour 
thereof turned to the restraining, weakening, 
and utter overthrow of the same, contrary to 
the true intent and meaning of the said sta- 
tutes : as for example (besides the st ranee in- 
terpretation of the statutes before mentioned, 
for the payment of tithes) when parties have 
been sued in the ecclesiastical court*, in case 
of an incestuous* marriage, a prohibition hath 
Urn awarded, suggesting, under pretence of a 
Btitute iii the lime of king Hen. 8. that it ap- 
pertained) to the temporall courts, and not to 
the ecclesiasticall, to determine what marriages 
are lawfull, and what are incestuous by the 
•word of God. As also a minister, being upon 
paiit of deprivation for his insufficiency in the 
tvcleiiuxtical court, a prohibition was granted, 
M|Min suggestion that all plens of the fitnesse, 
leurning, and sufficiency «f ministers belong 
only to the kings temporall courts, relying, as 
wee »tippo»e, upon the statute of 13 Eliz. by 
which kind of interpretation of statmes, if the 
nimunv't disposing, or ordering of causes eccle- 
siasticall in n statute shall make the same to be 
ill* temporal cognizance, and so ubolish the 
iurv*diction of tlie ecclesiasticall court, without 
awv ftirther circumstances, or expresse words 
fc» warrant the tame, it followeth, that foras- 



much as the common Book and Articles of re- 
ligion are established and confirmed by severall 
acts of parliament, the temporall judges may 
challenge to themselves an authority to end and 
determine of all causes of faith and religion, 
and to send out their prohibitions, if any eccle- 
siasticall judge sliall dcale or proceed in any 
of them : which conceit, how absurd it is, 
needeth no proofe, and teacheth us, that when, 
matters meerly ecclesiasticall are comprized in 
any statute, it doth not therefore follow, that 
the interpretation of the said matters doth 
belong to the temporall judges, who by their 
profession, and as they are judges, are not ac- 
quainted with that kind of learning: hereunto, 
when we shall receive the answer of the judges, 
we shall be ready to justifie every part of this 
article. 

Answer. If any such have slipt, as is set downe 
in this article, without other circumstances to 
muintaiue it, we make no doubt, but when that 
appeared to the king's temporall court, it hath 
been presently remitted ; and yet there be 
cases, that we may deale both with marriages 
and matters of deprivation, us where they will 
call the marriage in question after the death of 
any of the parties, the marriage may not then 
be called in question, because it is to bastard 
and disinherit the issues, who cannot so well 
defend the marriage, as the parties both living 
themselves might have done ; and so is it, if 
they will deprive a minister not for matter ap- 
pertaining to the ecclesiasticall cognizance, but 
for that which doth meerly belong to the cog- 
nizance of the king's temporal courts. And 
for the judges expounding of statutes that con- 
cern the ecclesiasticall government or pro- 
ceedings, it helongeth unto the temporall 
judges ; and wee thinkc they have been ex- 
pounded as much to their advantage, as either 
the letter or intention of lawes would or could 
allow of. And when they have been ex- 
pounded to their liking, then they could approve 
of it ; but if the exposition be not for their 
purpose, then will they say, as now they doe, 
that it nppertaiucth not unto us to determine 
of them. 

21. That persons imprisoned upon the writ 
of de. excommunicato capiendo are unduly 
delivered, and Prohibitions unduly awarded 
for their greater security. 

Objection. Forasmuch as imprisonment upon 
the writ of excommunicato capiendo is the chief- 
est temporall strength of ecclesiasticall jurisdic- 
tion, and that bv the lawes of the realm none so 
committed for their contempt in matters of 
ecclesiasticall cognizance, ought to be delivered 
untill the ecclesiasticall courts were satisfied, or 
caution given in that behalfe, we would gladly 
be resolved by what authority the temporall 
judges do cause the sherifes to bring the said 
parties into their courts, and by their owne 
discretions set them at liberty, without notice 
thereof first given to the ecclesiasticall judges, 
or any satisfaction made either to the parties 
at whose suit he was imprisoned, or the eccle- 



K53] 



STATE TRIALS, 3 James I. 1G05.— Articuli Ckri. 



[154? 



stasticall court, where certaine lawfull fees are 
due c and after all this, why doe they likewise 
send out their prohibitions to the said court, 
comm a nding, that all censures against the 
said parties shall he remitted, and that they be 
no more proceeded with for the same causes in 
those courts. Of this our desire, we hope your 
lordships do see sufficient cause, and will there- 
fore procure us from the judges some reason- 
able answer. 

Answer. We affirme, if the party excommuni- 
cate be imprisoned, wee ought upon complaint 
to send the kings writ for the body and the cause, 
and if in the returne no cause, or no sufficient 
cause appeare, then we doe (as we ought) set 
him at liberty ; otherwise, if upon removing the 
body, the matter appeare to be of ecclesiastical I 
cognizance, then we remit him againe; and this 
we ought to doe in both cases ; for the tem- 
porall courts must alwaies have an eye, that 
the ecclesiasticall jurisdiction usurp not upon 
the temporall. 

22. Tbe King's authority in ecclesiasticall 
causes is greatly impugned by Prohibitions. 

Objection. We are not a little perplexed 
touching the authority of his majestie in causes 
ecclesiasticall, in that we find the same to be 
so impeached by Prohibitions, that it is in ef- 
fect thereby almost extinguished ; for it seem- 
eth, that the innovating humour is growne so 
rank, and that some of the temporall judges 
are come to be of opinion, that the commis- 
sioners appointed by his majesty for his causes 
ecclesiasticall, having committed unto them the 
execution of all ecclesiasticall jurisdiction an- 
nexed to his majesties impenall crowne, hy 
virtue of an act of parliament made in that 
behalfe, and according to the. ten our and effect 
of bis majesties letters patents, wherein they 
are authorised to imprison, and impose fines, 
as they shall see cause, cannot otherwise pro- 
ceed, the said act and letters patents notwith- 
standing, then by ecclesiastical! censures oncly: 
and thereupon of latter dayes, whereas certaine 
lewd persons (two for example sake) one for 
uxorious adultery and other intolerable con- 
tempts, and another for abusing of a bishop of 
this kingdome with threatning speeches, and 
sundry railing termes, no way to be endured, 
were thereupon fined and imprisoned by the 
stid commissioners, till they should enter into 
bonds to performe further orders of the said 
court; the one was delivered by an habeas cor- 
nt oat of the kings bench, ana the other by a 
nke writ out of the common pleas : and sundry 
other prohibitions have been likewise awarded 
to his majesties said commissioners upon these 
suggestions, viz. that they had no authority 
either to fine or imprison any man ; which in- 
novating conceit being added to this that fol- 
loweth, That the writ of dt excommunicato ca- 
piendo cannot lawfully be awarded upon any 
certificate or signijicavit made by the said 
commissioners, wee find his majesties said su- 
preme authority in causes ecclesiasticall, so 
largely amplified in sundry statutes, to be alto- 



gether destitute in effect of any meanes to up- 
hold it, if tiie said proceedings by temporall 
judges shall be by them maintained and justi- 
fied ; and therefore wee most humbly desire 
your lordships, that they may declare them- 
selves herein, and be restrained hereafter, if 
there be cause found, from using the kings 
name in their prohibitions, to so great prejudice 
of his majesties said authority, as in debating 
the same before your lordships will hereafter 
more fully appeare. 

Answer. We doe not, neither will we in 
any wise impugne the ecclesiasticall authority 
in any thing that appertained! unto it ; but if 
any by the ecclesiasticall authority commit any 
man to prison, upon complaint unto us that he 
is imprisoned without just cause, we are to 
send to have the body, and to be certified of 
the cause ; and if they will not certifie unto us ' 
the particular cause, but generally, without 
expressing any particular cause, whereby it 
may appeare unto us to be a matter of the ec- 
clesiastical cognizance, and his imprisonment 
be just, then we doe and ought to deliver 
him : and this is their fault, and not ours* 
And although some of us have dealt with them 
to make some such particular certificate to us, 
whereby wee may bee able to judge upon it, 
as by law they ought to doe, yet they will by 
no ineanes doe it ; and therefore their errour is s 
the cause of this, and no fault in us : for if we 
see not a just cause of the parties imprison- 
ment by them, then we ought, and are bound 
by oath to deliver him. 

23. No Prohibition to be granted, under pre- 
tence to reforme die manner of proceed- 
ings by the ecclesiasticall lawe«, in causes 
confessed to be of ecclesiasticall cogni- 
zance. 

Objection. Notwithstanding that the eccle- 
siasticall jurisdiction hath been much iinpench- 
ed heretofore through the multitude of prohibi- 
tions, yet the suggestions in them had some 
colour of justice, as pretending, that the judges 
ecclesiasticall dealt with temporall causes : but 
now, as it seemeth, they are subject to the 
same controlments, whether die cause they 
deale in be either ecclesiasticall or temporall, 
in that prohibitions of late are wrestled out of 
their owne proper course, in the nature of a 
writ of errour, or of an appeale : for, whereas 
the true and onely use of a prohibition is to re- 
straine the judges ecclesiasticall from dealing 
in a matter of temporall cogiyizance, now pro- 
hibitions are awarded upon these surmises, viz. 
that the libel I, the articles, the sentence, and the 
ecclesiasticall court, according to the ecclesiasti- 
call lawes, are grievous and insufficient, though 
die matter there dealt withall be meerly ecclesi- 
astical : and by colour of such prohibitions, the 
temporall judges to alter and change the de- 
crees and sentences of the judges ecclesiasticall, 
and to moderate the expences taxed in the ec- 
clesiasticall courts, and to award consultations 
upon conditions : as for example, that the 
plainufe in the ecclesiasticall court shall except 



I 5 J) 



STATE TRIALS, 3 James I. lOoS.— Artiatli Oct!. 
warded, and thus 



[150 



uf the one balfe of the ci 
the register shall lose li 

tuiri piuintife shall be contented with the pay- 
ment uf hi* legacy, which was the principal! 
sued fur, mid adjudged due until him at snch 
day, ns they the said temporal! judges shall 
appoint, or else the prohibition must stand. 
And ulso where his majesties commissioners, 
lor causes ecclesiastical, have not been accus- 
tomed to give a copy of the articles to any 
party, before lie hath nnsv ercd them ; and 
that theitatutuofIIe.il. 5. touching the deliver- 
er the libell, was not onely publikelj nd- 
kings bench, not to extend 



deliveru i ice of articles, where the putty is pro- 
ceeded with e.r officio, but likewise imparted to 
his majestic, and afterwards divulged in the 
stnrre-chamber, us a full resolution of the 
judges, yet withiu I Or 5 inoneths after, a pro- 
hibition was awarded tu the said commissioners 
out of the kings bench, upon suggestion that the 
party ought to have a copy of thu articles, being 
called in question ejf officio, before he should an- 
swer them ; and notwithstanding that u motion 
was made in full court .shortly after for a consul ta- 
twin, yet an order was en [red, that the prohibi- 
tion should stand untill the said partie bad a 
copy of the said nitidis given him ; which . 
veil and extraordinary courses doe seem very 
strange unto us, and are contrary not onely to 
the whole course uf hi* majesties law es ecclesi- 
aslicall, but also to the very maximes and 
judgement of the common law, and sundry 
statutes uf this realme, as wee shall be ready 
jusiilie liel'nre your lordships, if the judjj 
shall endeavour to muhitaine these thtir pr:.- 
ceedings. 

Ansicf. To this we say, that llimi|>]i wIiltc 
parties are proceeded wit hull ex officio, there 
needeth no libell, yet ought they lu hnve the 
cause made know tie unto them lor which llicy 
ure called ex offieiii, before tliey be examined, 
10 the end it may appearo unto them before 
their examination, whether the cause be nf ec- 
clesiastical I cognizance, otherwise they ought 
not to examine tlitrn upuii uat'l. And touch- 
iu« the rest of this article, thev doe ut.terlv 
mistake it. 

-e swnrno to dc- 
» diction. 
Objection. We may not omit to signiiie 
votir lordships that, as wee lake it, the 
pnrall judges are not onely hound by the 
eiciit oath, ilmt ihey shiill doc nothing t 
dis-herison of the crown, but also by n latter 
nulh unto the king's supremacy, wherein thev 
doe swL'jre, tbnt, to their power, they will 
assist and deft-nd all jurisdictions, piivilcdgus, 
prehe mi nonets, and authorities united and an- 
nexed to tin imperial! cronne of this re n line ; 
in which words the ecclesiastical! jurisdiction 
is specially aimed at : so that whereat they doe 
ofitntiims insist upon f.irlhcir oath, for doing 
of jtlstice in temporal I rautes, and do seldomc 
make mention of the second oath taken by 
thtm fur the defence of the ecclesiastical I juris- 



diction, with the rights and immunities belong* 
ing to the church ; we think, that thry ought 
to weigh their said oaths better together, uiid 
not so liirrc to emend the one, as that it should 
in any sort prejudice the other : the duo con- 
sideration whereof (which we most instantly 
desire) would put them in nuod, any suggestion 
to the contrary notwithstanding, to be as enro- 
full not to doe any thuig that may prejudice 
the lawful! proceedings of the ccdisiusiicall 
judges in ecclesiastical! causes, as I hey an; cir- 
cumspect not to suffer any impeachment, or 
blemish of their owne jurisdictions and pro- 
ceedings in causes temporal!. 

Amnier. We are assured, than none can 
justly charge any of us with violating our oaths, 
and it is a strange part to use judges in this 
manner, and to lay so great an imputation upon 
us; and what scandnil it will be to the justice, 
of the rtuluie to have so great levity, and so 
foulo an imputation luid upon the judges, as is 
dune in this, is too manifest. And we arc as- 
sured it cannot be shewed, that the like hath 
been done in any former age; and lor lesse 
scandals then this of the justice of the rculnie, 
divers hare been severely punished. 

25. That E j. communication is as lawful), as 
Prohibition, for the mutual! preservation 
of both his majesties supreme jurisdiction. 
Objection. To conclude, whereas for the 
better preserving of his majesties two supreme 
jurisdictions before mentioned, vii. the eccle- 
siastical! mid the temporall, that the one might 
not usurp upon the other, two meanes hereto- 
fore hnve of ancient time bten ordained, tiiat 
i, to say, the censure of Eicon nnunieat ion, uiid 
the writ of Prohibition ; the one to restraine the 
mi 'i-oachinciit til the leiuporull jurisdiction upon 
the ecclesiastical!, the other of the ecclesiastic 
cull upon the temporall, we most humbly de- 
sire your lordsleps, that by your lueaaes the 
judges may be induced to resolve us, why ex- 
communications may nor. us tieely be put it) 
ure lor the prescivuiioii of the jurisdiction cc- 
clesiasticall, as probibirif.ns arc, under pretence 
to defend the umporull, especially against such 
coutoiuiy us perrons, as due wittingly and wil- 
lingly, upon false und frivolous suggestions, to 
the deljy of justice, vcvation of the subjects, 
and great scnndall of eccksinsticall jurisdic- 
tions, daily procure, without leare either of 
(iod or mil), such undue prohibitions, us we 
have heretofore mentioned. 

.lunar. The excommunication cannot be 
gain-said, neither may tlic prohibition be di- 
med upon tin: surmise mad,-, that the matter 
pursued in The erelesiasticall court is of tem- 
porall cognizance, but as soon us that shall ap- 
jndicially to be false, we grant 



isiilt.il 



For the better 
and your lordship 

hich hath been said) the ordinary p n £ 



salfLictum of Ins majesty, 
s, touching the objections. 
rrobibitioiis, we lime 'thought 
e (as May bo perceived "by 



:ecding in bis majesties cuurts therein i wiser*. 



137] 



STATE TRIALS, 3 James I. 16Q5.—ArticuU Clcri. 



[15& 



by it may appcarc both what the judges doe, 
oiid ought to doe in those causes; and the 
ecclesiastical judges may doe well to consider, 
what issue the course they herein hold can have 
in the end *. and they shall find it can be no 
other, but to cast a scandall upon the justice of 
the realme ; for the judges doing hut what they 
ought, and by their oaths are bound to doe, it 
nnot to be railed in question; and if it kill 
oat, tint they eric in judgement, it cannot 
otherwise be reformed, but judicially in n 

* Mr. Justice Foster, before he was made a 
•abe, published a Tract entitled " An Exami- 
nation of the Schism of Church power, laid 
down in the ' Codex Juris Ecclesiastic! Angli- 
oni, &e." It is ably written, and contains 
much learning relative to the ecclesiastical law 
and history of England, but it is composed with 
t'jo much spleen towards bishop Gibson, the 
author of the Codex. This Case is much con- 
sidered in it, and the following passage is 
thought worth insertion here : " It may easily 
be made appear, if it. shall be thought necessary, 
rhat Prohibitions have gone from the temporal 
to the spiritual courts, as from a superior to an 
inferior jurisdiction, ever since the two juris- 

• dictions have been separated ; and, indeed, the 
notion of a subordination of jurisdictions im- 
plies that it is the province of the one to re- 
strain and correct the excesses of the other. 
Thi* supremacy of the Courts of Westminster- 
hall over the Ecclesiastical, hath in all ages 
pren £reat disturbance to that part of the 
C'ltrgy who hare affected an absolute independ- 
ence on the state. The arguments, indeed, 
which have been employed against ir, have been 
•iiflerent, as the temper of the times and the 
circumstances of the Church have varied. But 
the point in view hath been generally the same, 
thr lmlependance of the Church. In popish 
time*, when the Church could scold and thunder 
*.th impunity, this independency was claimed 
in direct terms ; and the king and all his civil 
*inwters. were admonished not to disturb 
'bfcChureli in the exercise of spiritual discipline 
b prohibitions and attachments grounded on 
'i?Hj, under pain of excommunication, suspen- 
se, and interdict. Hut since the supremacy 
*»f th*j crown in ecclesiastical causes hath been 
«tpemc«l a fundamental principle of our con- 
ftitutiuii, that very supremacy hath been thought 
a 'lUV'it lit argument for overthrowing the im- 
i»-nt jurisdiction of the temporal, over the 
tpintu;-! court*. Archbishop Bancroft made 
thi-> r*i- of the re^al supremacy, in the Articles 
h'.*»-\i.i!uted to the lords of the Privy Council 
a?ain-t :le Jadses of Westminster Hall upon 
f!;f» In- d fd" Prohibition^. His lord*hip (Gibson 
Li-i;op of Tendon) hath adopted the argument, 
aijil pitted it with all the advantage it i« ca- 
yXblf of: "The authority o( spiritual courts and 

* temporal courts of law flowing equally from 
Mii* crown, mid it btingof so great importance 
' to thecood «f the community tin! each be 
4 kept within its proper bounds, it «-cctns by no 
1 puraoi ajrccabje to that equality of original 



suporiour court, or by parliament. — Subscribed 
by all the judges of England, and the barons of 
the exchequer, Pascb. 4 Jacobi, and delivered 
to the lord chancellour of England. 

Which answers and resolutions, although they 
were not enacted by authority of parliament, as 
our statute of Artieuli Clcri in 9 E. 2. was; 
yet, being resolved unanimously by all the 
judges of England, and barons of thfrtxehequer, 
are for matters in law of highest authority 
next unto the court of parliament *. 

    r  

' and descent, nor a way in any degree likely to 
' attain that important end, that the one should 

* he set as a judge over the other, and prescribe 
( bounds to it arid take to itself the cognizance 
' of whatever matters itself shall please. I shall 
' not say how well the bound $ in the present case 
' are preserved upon that foot, but certainly it 

* would not be thought a good expedient* for; 

* preserving bounds of any other kind to im- 

* power one to judge for both (i. e. to impower 
1 him to encroach upon his neighbour and en- 
' large his own bounds at pleasure) as oft a* 

* any controversy shall arise/ — The force of 
this reasoning from the equality of original, 
I think lies here : the temporal and spiritual 
courts How equally (or rather alike) from the 
crown, or are equal in point of original and 
descent ; therefore they are or ought to be 
equal iu point of jurisdiction ; the one ought not 
to have a restrictive power over the other. If 
this be not his lordship's inference how can it 
be said that the setting one of the courts as 
judge over the other seems not agreeable to their 
equality of original and descent? But if hik 
lord-hip intended to infer an equality in point 
of jurisdiction from what he is pleased to caU 
an equality of original and descent, he will be 
pleased to apply the same reasoning to every 
other court in the kingdom from the high court 
of Parliament to the court of Pipowdcr, and if 
it should appear that they all flow equally or alike, 
from the same original law and immemorial 
custom, I fear his argument will conclude 
ttgainst any manner of subordination amoii£ 
them in point of jurisdiction, which would be, 
carrying the matter much farther than he in- 
tended; though, I confess, I do not know where 
to stop, if the argument grounded on the equa- 
lity of original, with regard to die spirituals and 
tern ponds, concludes at all in favour of ijie 
former. But his lordship has favoured us witl^ 
another train of reasoning against Prohibitions, 
grounded on the seeming absurdity and incon- 
venience of setting one court adjudge o\er the 
Other, in questions touching! the bounds of their 
.-evcral jurisdictions : and if the case was, as his 
lordship represents it, the absurdity and incon- 
venience would be ereat indeed, ii the tempo- 
ral c.-jnit might lawfully take to itself the cog- 
li'/nnri'* of whatever matters it«elf-shnfl please ; 
or v;'s empowered to encroach upon the spiri- 
tual, *md to. enlarge its own bounds at pleasure: 
if I'M*, T say, was implied in the risht claimed 
hy th*» temporal courts, of giving remedy 
again*; the encroachment of ^lie ecclesiastical, 



159] STATE TRIALS, 4 James I. 1606.— The Trials of the Conspirators [160 



(which is all that is intended by the writ of 
Prohibition) the absurdity would' be as great ns 
his lordship endeavours to represent it. Bat 
his lordship will forgive me, if I say the absur- 
dity lies only in his state of the case. Our ex- 
cellent constitution is not chargeable with it. 
The bounds of ecclesiastical jurisdiction are al- 
ready settled hy law and immemorial custom, 
to which Mi judges are obliged by oath and by 
the duty of their place to conform themselves. 
The granting Prohibitions is not a power to be 
exercised or not at the pleasure of the court. 
It is not the court's taking to itself the cogni- 
zance of whatever matters itself shall please, or 
enlarging its own jurisdiction, at pleasure; no, 
it is a matter of mere right, in which the judges 
are to be guided by the known laws of the land, 



and not by will and pleasure/* — See also a A 
short View of the Conduct o/ the English Clergy 
so far as relates to civil affairs from the Con- 
quest to the Revolution," published 1737, and 
said to be written by sir Edmund Thomas, bait. 
Collier argues resolutely against the authority 
of these determinations ot the Judges. He 
maintains that the questions arising out of a 
contest for jurisdiction between the temporal 
and ecclesiastical judges ought not to be deter- 
mined by either of those parties. Against lord 
Coke, he cites lord Co. 8 Rep. 117 et seq. : and 
other common law authorities. See Coll. Eccl. 
Hist. vol. 1, 510, et seq. : vol. 2, 688. Repeated 
instances of a collision between the Judges, 
and Bishops occur in lord Coke's 18th Re- 
port. 



80. The Trials of Robert Winter, Thomas Winter, Guy 
Fawkes, John Grant, Ambrose Rookwood, Rob. Keyes, 
Thomas Bates, and Sir Everard Digby, at Westminster, for 
High Treason, being Conspirators in the Gunpowder-Plot : * 
3Jac. I. 27th Jan. a. d. 1606. 

TlIE Commissioners were, the Earls of Not- 
tingham, Suffolk, Worcester, Devonshire, Nor- 
thampton, and Salisbury ; the Lord Chief Jus- 
tice of Englund, sir John Popham, the Lord 
Chief Baron of the Exchequer, Thomas Flem- 
ing ; and sir Peter Warburton, knight, one of 
the Justices of the Common-Pleas. 



The Effect of the Indictment. 

' That whereas our sovereign lord the king 
' had, by the advice and assent of lus council, 

* for divers weighty and urgent occasions con- 
' ccrning his majesty, the state, and defence of 

* the church and kingdom of England, appointed 
' a Parliament to be holden at his city of West- 

* minster ; That Henry Garnet, Superior of the 
< Jesuits within the realm of England, (called 
' also by the several names of Wally, Darcy, 
' Roberts, Farmer, and Henry Philips) Oswald 
' Tesinond, Jesuit, otherwise called Oswald 
*' Green well, John Gcrrnnd, Jesuit, (culled also 

* hy the several names of Lee and Brooke) Ro- 

* bert Winter, Thomas Winter, gentlemen, Guy 
' Fawkes cent, otherwise called Guy Johnson, 
4 Robert Keyes gent, and Thomas Bates yeo- 
' man, late servant to Robert Gates by esquire ; 
' together with the said Robert Cateshy, and 
« Thomas Percy esquires, John Wright and 
-' Christopher Wright gentlemen, in open Re- 
' bellion and Insurrection against his majesty, 

* lately slain, and Francis Tresham esq. lately 
' dead ; as false Traitors agsinst our said sove- 
' reign lord the king, did traitorously meet and 
' assemble themselves together ; and being so 
' met, the said Henry Garnet, Oswald Tes- 
t mond, John Gerrard, and other Jesuits, did 

* For the Proceedings in Parliament re- 
specting this PJot, see 1 Cobb, Pari. Hist. 
>042, et tec}, 



' maliciously, falsely, and traitorously move 
' and persuude as well the said Thomas Winter, 
' Guy Fawkes, Robert Keyes, and Thomas 
' Bates, as the said Robert Catesby, Thomas 

* Percy, John Wright, Christopher Wright, and 
' Francis Tresham, That our said sovereign lord 
' the king, the nobility, clergy, and whole com- 
' monalty of the realm of England, (papists ex- 
' cepted) were heretics ; and that all heretics 
' were accursed and excommunicate ; and that 

* none heretic could be a kiug ; but that it was 

* lawful and meritorious to kill our said sovereign 
' lord the king, and all other heretics within 

* this realm of England, for the advancing and 

* enlargement of the pretended and usurped 
' authority and jurisdiction of the bishop of 
' Rome, and for the restoring of the supersti- 
' tious Romish religion wi(hiu tins realm of 
' England. To which traitorous persuasions, 
' the said Thomas Winter, Guy Fawkes, Ro- 
' bert Keyes, Thomas Cates, Robert Catet- 

* by, Thomas Percy, John Wright, Christo- 
' pher Wright, and Francis Tresham, trafca- 
' rously did yield their assents ; And that there* 

* upon the said Henry Garnet, Oswald Tet- 
' mond, John Gerrard, and divers other Je» 
' suits ; Thomas Winter, Guy Fawkes, Robert 
' Keyes, and Thomas Bates, as also the said 
' Robert Catesby, Thomas Percy, John Wright, 

* Christ. Wright, and Francis Tresham, traito- 
' rously amongst themselves did conclude and 
' agree, with Gunpowder, as ic were with one 
1 blast, .suddenly, traitorously and barbarously 

* lo blow up and tear in pieces our said sove- 
1 reign lord the king, the excellent, virtuous, 
' and gracious queen Anne, his dearest wife, the 
' most noble prince Henry, their eldest sob, 
' and future hope and joy of England ; and 
' the lords spiritual and temporal, the reverend 

' judges of the realm, the knights, citizens unci ' 



101] 



STATE TRIALS, 3 James I. 



4 burgesses of parliament, anil divers other fnith- 

* ful subjects and servants ut' the king in the 
' said parliament, for the causes aforesaid to be 

* assembled in the house of parliament ; and 

* all them, without any respect of majesty, dig- 

* nity, degree, sex, age or place, most barba- 
4 rou*ly and more than beastly, traitorously, 
' and suddenly to destroy and swallow up. 
1 And furl her did most traitorously conspire 
'and conclude among themselves, That not 
1 only the whole royal issue-male of our said 
'sovereign lord the king should be destroy- 
*ed and rooted out ; but that the persons u- 
4 foresaid, together with divers other false trai- 
1 tors, trnituroi'&ly with them to be assembled, 
4 should surprize the persons of the noble ladies 
4 Elizabeth and Mary, daughters of our said 

* sovereign lord the king, and falsly and traito- 
4 run sly slxmld proclaim the said lady Eliza- 
4 beth to be queen of this realm : Aim therc- 

* upon should publish a certain traitorous Pro- 
clamation in the name of the said lady Eli- 
4 zabeth ; wherein, as it was especially agreed 
4 by and between the said conspirators, That 
4 no mention should be made at the first, 
4 of the alteration of religion established with- 
4 in this realm of England ; neither would 
'the said false traitors therein acknowledge 
4 themselves to be authors, or actors, or de- 
4 user* of the afore*aid most wicked and horri- 

* ble treasons, until they had got sufficient 
4 power and strength fur the assured execution 
4 aod accomplishment of their said conspiracy 
4 and treason : and that then they would avow 
4 and justify the said most wicked and horrible 
4 treasons, as actions that were in the number 
•of those, qua mm laudantur, ni*i pcracta, 

* which be not to be commended before they 
4 bt done : but by the said feigned and traitor- 
4 ous proclamation they would publish, That 
4 all and singular abuses and grievances within 
4 this realm of England, should, for satisfying 
4 of the people, be reformed. And that as well 
'fertile better concealing, as for the more cf- 

* factual accomplishing of the said horrible 
'tnasons, as well tlie said Thomas Whiter, 
'Gnj Fawkes, Robert Keyes, and Thomas 
'Bales, as the said Robert Cat e- by, Thomas 
'Percy, John Wright, Christ. Wright, and 
4 Francis Treshaiu, by the traitorous advice and 
'procurement of the said Henry Garnet, Os- 
1 wald Tesmond, John Gcrrard, and other Je- 
4 tuiis, traitorously did further conclude and 
1 »?*ee t that as well the said Thomas Winter, 
4 Guy Fawke<i, Robert Keyes, and 'I nomas 
'Bat/-, as the said Robert Catesby, Thomas 
'Perry, John Wright, Christ. Wright, and 
1 Francis Trcslinm, thereupon severally and 
1 traitorously should receive several corporal 
'Oaths upon the holy Evangelists, and the Sa- 
' crament of the Eucharist, That they the 
'treasons aforesaid would traitorously conceal 
1 tad keep secret, and would not reveal them, 
'directly or indirectly, by words or circum- 
'jtances, nor ever would desist from the cxe- 
' cation and final accomplishment of the said 
1 treasons, without the cooseut of some three 

VOL. II. 



1000..— in the Gunpowder- Plot. [102 

4 of the aforesaid false traitors first in that be- 
half traitorously had: And that thereupon as 
well the said Thomas Winter, Guy Fawkes, 
Robert Keyes, and Thomas Bates, as the said 
Robert Catesby, Thomas Percy, John W r righr, 
Christ. Wright, and Francis Tresham, did 
traitorously ta^e the said several corporal 
Oaths severally, and did receive the Sacra- 
ment of the Eucharist aforesaid, by the hands 
of the said Henry Garnet,, John Gcrrard, Os- 
wald Tesmond, and other Jesuits. And fur- 
ther, that the said Thomas Winter, Guy 
Fawkes, Robert Keyes, and Thomas BaUs, 
together with the said Robert Catesby, Tho- 
mas Percv, John Wright, Christ. Wright, and 
Francis Ticshaih, by the like traitorous ad- 
vice and counsel of the said Henry Garnet, 
John Gerrard, Oswald Tesmond, and other 
Jesuits, for the more effectual compassion and 
iinal execution of the said treasons, did trai- 
torously among themselves conclude and 
agree to dig a certain mine under the said 
House of Parliament, and there secretly, 
under the said hou*c, to bestow and place a 
great quantity of gunpowder ; and that ac- 
cording to the said traitorous conclusion, the 
said Thomas Winter, Guy Fawkes, Robert 
Keyes, and Thomas Bates, together with the 
said Robert Cntesby, Thomas Percy, John 
Wright, and Christ. Wright, afterwards se- 
cretly, not without great labour and difficulty, 
did dig and make the said mine unto the 
mid>t of the foundation of the wall of the said 
House of Pat liaiiu m, the said foundation be- 
ing of the thickness of three yards, with u 
traitorous intent to bestow and place a great 
quantity of gunpowder in the mine aforesaid, 
so as afbrouid traitorously to be made for 
the traitorous accomplishing of their traitor- 
ous purposes aforesaid. And that the said 
Thomas Winter, Guv Fawkes, Robert Keyes, 
and Thomas Bates, together with the said Ro- 
bert Catesby, Thomas Percy, John Wright, 
and Christ. Wright, finding and perceiving 
the said work to be of treat difficulty, by rea- 
son of the hardness and thickness of the said 
wail ; and understanding a certaiu cellar un- 
der the said House of Parliament, and ad- 
joining to a certain house of the said Thomas 
Percy, then to be Icttcn to farm for a yearly 
rent, the said Thomas Percv, bv the traitor- 
ous procurement* as well of the said Henry 
Garnet, Oswald Tesmond, John Gerrard, and 
other Jesuits, Thomas Winter, Guy Fawkes, 
Robert Keyes, and Thomas Bates, as of the 
said Robert Catesby, John Wright, und Christ. 
Wiight, traitorously did hire the cellar afore- 
said for a certain yearly rent and term : and 
then those traitors did remove twenty barrels 
full of gunpowder nut of the said house of (ho 
said Thunr.it Percv. and secretly nnd traitor- 
ously did bestow and place them in the cellar 
aforesaid, under the said House of Parlia- 
ment, for the traitorous effecting of the trea- 
son, and traitorous purposes aforesaid. And 
that afterwards the said Henry Garnet, Os- 
wald Tesmond, John Gerrard, und oiher Jo 
M 



Ift3] STATE TRIALS, 3 James I. \6oG.-Vie 'Dials qf the Conspirators [16* 

4 suits, Thomas Winter, Guy Fawkes, Robert , • suits, Robert Winter, Thomas Winter, Kobert 
' Keye% imd Thomas, Bate>, together \tith the j * Keyes, '1 homas Bates, John Grant, and Am- 

' ' brose Rookwood, as of the said Root rt Cates- 

* by, Thomas Percy, John Wright, Christopher 

* \V right, and Francis Tresham, traitorously 
4 bad prepared, and had upon bis person touch- 

* wood and mutch, therewith traitorously to 

* give tire to the several barrelsjiogsheads, and 
1 quantities or' gunpowder aforesaid, at ihe time 

* appointed for the execution of the said horri- 

* ble treasons. And further, ihat afier the said 
•horrible treasous, w. vc, by the great favour 

* and mercy of Go?, in a wonderful maimer 
' disco\er'd, not many hours before it should 
1 have been executed, as well the s..ii! Henry 

* Garnet, Oswald Tcsmond, John Gerrard, 

* Robert Winter, Thomas Winder, Robert 

* Keyes, Thomas Bates, John Giant, and Am- 



•said Robert Catesby, Thomas Percy, John 

* Wright, and Christ. Wright, traitorously did 

* meet with Robert Winter, John Grant, and 

* Ambrose Rook wood, and Francis Tie?»hani, 

* esquires ; and traitorously did impart to the 

* said Robert Winter, John Giant, Ambrose 

* Roukftood, and Francis Tresham, the trea- 
' sons, traitorous intentions und purposes afore- 

* said ; and did require the said Robert Win- 
' ter, John Grant, Ambrose Rookwood, and 
4 J*'rancis Tresham, to join themselves as well 
4 with the said Henry Garnet, Oswald Tes- 

* mond, John Oerraid, Thomas Winter, Guy 

* Fawkcs, Robert Keyes, and Th«<mas Rate*, 
•as with the s;»id Ruben Catesbv, '1 liomas 
' Percy, John Wright, and Christ. Wright, in 



• the treasons, traitorous intentions "and pur- * brose Rookwood, as the said Robert Catesby, 

• poses aforesaid ; and traitorously to provide * Thomas Percy, John Wright, and Curi-topher 



• horse, armour, and oiher m ccssaries, for the 

• better accomplishment and ejecting of the 

• said treasons. To which traitorous motion 

• and request, the said Robert Winter, Jwbn 

• Grant, Ambrose Rookwood, and Francis 

• Tresham, did traitorously yield their assents, 
' and as well with the said Henry Garner, Os- 

• wald Tesmond, John Gerrurd, Robert Win- 

• ter, Thomas Winter, Guy Fawke*, Robert 

• Keyes, and Thomas Bates, as with the said 
' Robert Catesby, Thomas Percy, John Wright, 

• Christ. Wright, and Francis Tresham, in the 

• said treasons, traitorous intentions and pur- 

• poses aforesaid, traitorously did adhere and 

• unite themselves: And thereupon several 

• corporal Oaths, in form abovesaid, traitorous- 
' ly did take, and the Sacrament of t»ie Eucha- 

• rist, by the hands of the said Jesuits did re- 

• ceive, to such intent and purpose, as is afore- 
' taid ; and horses, armour, and other necessa- 
' ries for the better effecting of the said trea- 

• son?, according to their traitorous assents 

• aforesaid, traitorously did provide. And that 
1 afterwards all the said false traitors did trai- 
' torously provide, ai|d bring into the cellar 
\ aforesaid ten other barrels full of gunpowder, 
' newly bought, tearing le>t the former gun- 

• powder, so as aforesaid bestowed and placed 

• there, was become dnnkish ; and the said 

• several quantities of gunpowder aforesaid, 

• with billet* aitd faggots, lest they should be 

• spied, secretly and traitorously did cover. 

• And that afterwards the said lidac traitors 

• traitorously provided, mid brought into the 
1 cellar aforesaid, four hogshead* full of gunpow- 

• dcr, and laid divers great iron bars and >kuks 



* Wright, traitorously -did lly and withdraw 

* themselves, to the intent traitorously to stir 

• up and procure such popish persons, as they 
( could, t ) join with tt'cm in actual, publick, 

* and open rebellion ugaiusL our said sovereign 

• lord the king ; and to that end did publish 

• divers feigned and false rumours, that the 
•papists throats should have been cut; and 

• that thereupon divers papists were in arms, 

* and in open, publick, and actual rt hellion 

• against our said sovereign lord the king, in 

* divers paits of this realm of Kngland/ 

To this Indictment they ail pleaded, Not 
Guilty; and put themselves upon God and the 
cojuntry. 

Then did Sir Erlzrard Philips, knight, bis ma- 
jesty's Serjeant at Law, open Uie Indictment to 
this effect, as lblloweth : 

The ma tier that is now to be offer'd to you 
mv lord.-* the commissioners, and to the trial of 
you the knights and gentlemen of the jury, is 
matter of Treason; hut of such horror, and 
monstrous nature, thnt before now, the tongue 
of iu;mi never dehier'd ; the ear of man never 
heard ; tin* heart of man jievcr conceited ; nor 
th<* malice of hellish or earthly devil ever prac- 
t : sed : For, if it be abominable to murder the 
least ; if t > touch God's anointed be to oppose 
themselves against God ; If (by blood) to sub- 
vert prince , states and kingdoms, be hateful to 
God and man, as all true Christians must ac- 
knowledge : then, b >w much more than too too 
monstrous ih.ill idl Christian htarts judge the 
horror of this treason ; to murder and sub- 
it rt such a king ; such a queen ; such a prince ; 
such a progeny ; Mich a state ; such a gi#vern- 



* upon the said four hogsheado, and the afore- merit, so compleu* and absolute, that God np- 

* said other quantities of gunpowder : And the proves, the woihl admires, all true English ' 

* said quantities of gunpowder, bars, and stones, | hearts honour and reverence; the pope and his 
'with billets and faggot*, lest they should be i discijlcs only envies anil maligns? — The pro- 

* espy'd, secretly and tratorously did likewise . feeding wherein, h properly to he divided into 

* cover. And that the said Guy i'awkes, after- i three general heads. 1. Matter of Declaration. 
f wards, for a full and final accomplishment of! 2. Matter of Aggravation. 3. Matter of Pro- 

* the said treasons, traitorous intentions and bat ion. Myself am limited to deal only with 

* purposes aforesaid, by the traitorous procure- the Matter of Declaration, and that is contain'd 
4 ment, as well of tin* said Henry Garnet, Os- within the compass of the Indictment ouly- 

* wald Tesmond, John Gerrard, nod other jc- 1 For the other two, 1 am to leave to him te 

I 



105] 



STATE TRIADS, 3 James I. lGO().~w the Gtrnpovder-Pbt. 



[166 



whose place it belongeth. The substance of 
which declaration coosisteth in four parts. 1. 
In the Persons and Qualities of the conspirators. 
2. In the Matter conspired. 3. In the Mean 
and Manntr of the Proceeding and Execution 
of the Conspiracy. And Jthly, Of the End and 
Purpose why it was so conspired. 

As concerning the first, being the Persons; 
ihcy were, Garnet. Gerrard, Tcsmoud, jevuiis 
n»t then taken. Thomas Winter, Guy law keg, 
Robert Keyes, Thomas Bates, Evernrd Digby, 
Ambrose Rook wood, John Grant, Robert \V in- 
ter, at the bar. Robert Catesby, Thomas 
Percy, John Wright, Christopher \V right, slain 
in rebellion. Frauds Tresham, lately dead. 
All grounded Romanists and corrupted scholars 
of so irreligious and traitorous a school. — As 
concerning the second, which is the Matter 
conspired ; it wa>, 1. To deprive the king of 
hi* crown. 2. To murder the king, the queen, 
and the prince. 3. To stir rebellion and sedi- 
tion in th<» kingdom. 4. To bring a miserable 
destruction amongst the subjects. 5. To change, 
alter, and subvert the religion here established, 
6. To ruinate the ttatc of the commonwealth, 
and to bring in strangers to invade it. — As con- 
cerning the third, which is the Mean and Man- 
ner how to compass and execute the same ; 
they did all conclude, 1. That the king, and 
lift people (the papists excepted) wcrehercticks. 

2. That they were all cursed, and excommu- 
nicated by the pope. 3. That no hcretick 
could be king. 4. That it was law'ful and me- 
ritorious to kill and destroy the kinc, and all 
the said hercticks. — The mean to effect it, they 
concluded to be, that, 1. The king, the queen, 
the prince, thv lords spiritual and temporal, 
rte knights and bin-Leases of the parliament 
th'<u!d be blown up wjth powder. 2. Th.it the 
whole royal issue male should be destroyed. 

3. That they would take into their custody 
Liiznbeth and Mary the king's daughter?, and 
proclaim the lady Elizabeth queen. 4. That 
tiie? should feign a Proclamation in the name 
of Elizabeth, in which no mention should 
W made of alteration of religion, nor that 
Aff were parties to the treason, until they 
nad raised power to perform the same ; and 
tfcen to proclaim, all grievances in the king- 
dom should be reformed. — That they also took 
«Terol oaths, and received the sacrament; 
for, for secrecy ; secondly for prosecution ; 
except they were discharged thereof by three 
of them. — That after the destruction of the 
king, the queen, the prince, the royal issue 
vale, the lords spiritual and temporal, the 
knights and burge?-ses, they should notify the 
»me to foreign states ; and thereupon sir Ed- 
mand Bay nam, an attainted person of treason, 
find styling himself prime of the damned crew, 
should be sent and make the same known to 
tbe pope, and crave his aid : an embassador 
fit both for the message und persons, to be sent 
betwixt the pope and the devil. — Tl\at the 

rirliament being prorogued till the 7th of 
eb. they in December made u mine under the 
house of parliament) purposing to place their 



powder there ; but the parliament being then 
further adjourned till the 3d of October, they 
in Tent following hired the vault, and placed 
therein 20 barrels of powder. — That they took 
to them, Robert Winter, Grant, and Rook- 
wood, gi\ing them the oaths and sacrament as 
aforesaid, as to provide munition. — July 20. 
They laid in ten barrels more of powder, lay- 
ing upon them divers great bars of iron, and 
pieces of timher, and great massy stones, and 
covered the same with faggots, &c. — Septem- 
ber 20. They laid iu more, 4 hogsheads of 
powder, with other stores and bars of iron 
thereupon. — Nov. 4. (The parliament being 
prorogued to the 5th) at 11 a clock at night, 
Fawkes had prepared, by the procurement of. 
the resr, touchwood and match, to give fire to 
the powder the next day. — That the Treason 
being miraculously discovered, they put them- 
selves, and procured others to enter, into open 
Rebellion : and cave out most untruly, it was 
for that the Papists throats were to be cut. 

Attorney General. _ (Sir Edward Coke.) It 
appeareth to your lordships, and the re*t ot this 
most honourable and grave assembly, even x 
by that which Mr. Serjeant hath already open- 
ed, that these are the greatest treasons that 
ever were plotted in England, and concern the 
greatest king that ever wai of England. Rut 
when this assembly shall fuither hear, and see 
discovered 'the roots and branches of the same, 
not hitherto published, they will say indeed, 
Quis hac posteris sic narrate patent, ut facta 
non Jicta ease videatitur ? That when the'.e 
things shall he related to posterity, they will 
be reputed matters feigned, not clone. And 
therefore in this so great a cause, upon the 
carriage and even*, whereof the eye of all 
Christendom is at this dav bent : I shall desire 
that 1 may with your patience be somewhat 
more copious, and not so succinct, as my usual 
manner hath been; and yet will I be no longer 
than the very matter itself shall necessarily re- 
quire. But before I enter into the particular 
narration of this cause, I hold it fit to give sa- 
tisfaction to some, and those well affected 
amongst us, who have not only marvelled, hut 
grieved, that no speedier expedition hath been 
used in these proceedings, considering the mon- 
strousness and continual horror of this so 'des- 
perate a cause. — 1. It is ordo nature, agree- 
able to the order of nature, that things of great 
weight and magnitude should slowly proceed, 
according to that of the poet, * Tarda solet 
magnis rebus ndisse lines.* And surely of 
these things we may truly say, ' Nunquam ante 
dies nostros talia accidcrunt ;' neither hath the 
eye of man seen, nor the ear of man heard the 
like things to these. — 2. Veritas tewporit frfia, 
Truth is the daughter of time ; especially in 
this case, wherein by timely and often exami- 
nations, 1. Matters of greatest moment have 
been lately found out. 2. Some known often- 
ders and those capital, but lat^ltf, apprehended. 
3. Sundry of the principal arch-traitors before 
unknown, now manifested, as the Jesuits. 4. 
Heretical, treasonable and damnable book* 



,1,07] STATE TRIALS, 3 James I. 1GOG.— The Trials of the Conspirators [16$ 

Treasurer, or any justice of the one bench or 
other; justices of assize, or any other judge 
mentioned in the statute of 25 Edw. 3. sitting 
in their judicial places and exercising their 
offices." And the reason is, for that every 
judge so sitting by the king's authority, repre- 
sented the majesty and person of the Ling ; 
and therefore it is crimen lata.mnjcstatis, to 
kill him', the king being always in judgment of 
law present in court. But in I he high court of 
pniliameut, every man by virtue of the king'* 
authority, by writ under the great seal, hath a 
judicial place; and so consequently the killing 
of every of them had been a several Treason, 
and crimen l<e$a wajcttutis. Besides that to 
their treasons were added open rebellion, bur- 
glary, robbery, horse-stealiug, &c. So that 
this offence is such, as no man can express it, 
no example pattern it, no measure contain it. 
— Concerning foreign princes ; there was here 
a protestation made for the clearing of them 
from all imputation and ai^persion whatsoever. 
— First, For that whilst kingdoms stood in hos- 
tility, hostile actions arc holden honourable 
and just. Secondly, It is not the king's Ser- 
jeant, attorney, or sollicitor, that in any sort 
touch or mention them : for we know that great 
princes and personages are reverently and re- 
spectfully to be spoken of; and that there is 
lex in iermone tcnenda. But it is Fawkes, 
Winter, and the rest of the offenders, that 
have confessed so much as hath been said : 
and therefore the king's counsel learned doth 
but repeat the offender's confusion, and charge 
or touch no other person. They have also 
slandered unjustly our great master king James, 
which we only repeat, to shew the wickedness 
and malice of the offenders. Thirdly, So much 
as is said concerning foreign princes, is so wo- 
ven into the matter of the charge of these of- 
fenders, as it cannot be severed, or singled 
from the rest of the matter ; so as it is inevi- 
table, and cannot be pretermitted. — Now as 
this I'uwder-T reason is in itself prodigious and 
unnatural, so it is in the conception and birth 



lately found out; one of equivocation, and 
another, * De officio Principis Christiaui,' of 
Francis Tresham's. — 3. There have been al- 
ready twenty aud three several days spent in 
Examinations. — 4. We should otherwise ha\t 
hanged a man unaltainted, for Guy Fawkes 
^passed for a time under the name of John 
Johnson : so that if by that name greater ex» 
pedition had been made, and he banged, though 
we had not missed of the man, yet the pro- 
ceeding would not have been so orderly or jus- 
tifiable. — 5. The king out of his wisdom and 
great moderation, was pleased to appoint this 
trial in time of assembly in parliament, for 
that it concerned especially those of the parlia- 
ment. — Now touching the offences themselves, 
they are so exorbitant and transcendent, and 
aggregated of so many bloody and fearful 
crimes, us they cannot be aggravated by any 
iuferenee, argument or circumstance whatso- 
ever ; and that in three respects : First, Be- 
cause this offence is prima impressionis, and 
therefore sine nomine, without any name which 
might be udaauatum, sufficient to express it, 
given by any legist, that ever made or writ of 
any law?. For the highest treason that all they 
could imagine, they called it only crimen laste 
tnajestutis, the violating of the majesty of the 
prince. But this treason doth want an apt 
name, as tending not only to the hint, but to 
the death of the king, and not the death 
of the king only, but of his whole king- 
dom, Non Regis scd llegni, that is, to the 
destruction and dissolution of the frame and 
fabrick of this antient, famous, and ever-flou- 
rishing monarchy ; even the deletion of our 
whole name and nation : ' And therefore hold 
' not thy tongue, O God, keep not still silence, 
' refrain not thyself, O God ; for so lo thine 

* enemies make a murmuring, and they that 
' hate thee have lift up their heads: They have 

* said, Come, and let us root them out, that 

* they be no more a people, and that the name 
f of Israel may be no more in remembrance.' 
Psal. lxxxiii. 1 — o. — Secondly, It is sine 
exemplo, beyond all examples, whether in fact 
or fiction, even of the tragick poets, who did 
beat their wits to represent the most fearful 
and horrible murders. — Thirdly, It is sine w/o- 
do, without all measure or >lint of iniquity; 
like a mathematical line, which is, divisibilis in 
$cmpcr daiaibilia, infinitely divisible — It is 
treason to imagine or intend the death of the 
kin::, queen, or prince. — For treason is like 
n tree whose root is full of poison, and lieth 
secret and hid within the earth, resembling the 
imagination of the heutt of man, which is so 
nee ret as God only kuowcth it. Now the wis- 
dom of the law provide! I Nor the blading aud 
nipping, both of the leave-, blossoms, and buds 
which proceed from this root of Treaxm; either 
l»v wokU, which an* like to leaves, or bv some 
uveil act, which may be rocmbled to buds or 
|ilov»om», before it cometh to such fimt and 
ri|»f uevi, a-* would bring utter deduction and 
dcio latum upon the whole state. — It is hke- 
him Tnwoii to kill Uie lord Chancellor, lord 



most monstrous, as arising out of the .dead 
ashes of former Treasons. For it had three 
roots, all planted and watered by Jesuits, and 
English Romish Catholicks : the first root in 
Englaud, in December and March ; the second 
in Flanders, in June ; the third in Spain, in 
July. In England it had two branches, one in 
December was twelve months before the death 
of the late queen of blessed memory ; another 
in Mai ch wherein she died. — First in Decem- 
ber, a. i). loUl, do Henry (Jarnet superior of 
the Jesuits in England, Kobt. Testnond, Jesuit, 
ltobt. (.'atesby (who was bono subacto ct vcr- 
$uto ingenioet profunda pcrjidia) together with 
Francis Troham and others, in the names, 
and for the behalf of all the English Komish 
Catholicks, iinploy Thomas Winter turn Spain, 
hi for i he general pood of the Koin'feh Catho- 
lick cau»e ; and by him doth Gainet write his 
letters to father Crcswell, jfsuit, residing in 
Spain, in that behalf. With Thos. Winter doth 
Tuinoud, alius Grcwieway the jctuit, go as au 



I 



IG9] 



STATE TRIALS, 3 James I. 1600.— m tla Gunpowder-Plot. 



[170 



associate and confederate in tjiat conspiracy. 
The message (which was principally committed 
unto the said Winter) was, that he should 
make a proposition and request to the king of 
Spain, in the behalf and names of the English 
Catholicks, That the king would send an army 
hither into England, and that the forces of 
the Catholicks in England should he prepared 
to join with him, and do him service. And 
further, that he should move the king ot* Spain 
to bestow some pensions here in England, 
tpon sundry persons Catholicks, and devoted 
to his service: and moreover, to give adver- 
feemeut, Unit the said king of Spain, making 
sse of the general discontentment that yoong 
gentlemen and soldiei6 were in, might no 
doubt, by relieving their necessities, have them 
all at his devotion. — And because that in all 
attempts upon England, the greatest difficulty 
was ever found to be the transportation of 
hortes ; the Catholicks in England would as- 
sure the king of Spain to have always in rea- 
diness lor his use and service, . 1500 or 2000 
borse*, against any occasion or enter prize. 
Now Thomas Winter undertaking this negotia- 
tion, and with Tesmond the Jesuit coming into 
Spain, by means of father Creswell the legier 
Jesuit there, as hath been said, had readily 
tpeech with Don Pedro Francesa second se- 
cretary of state, to whom he imparted his mes- 
Hge, as also to the duke of Lerma ; who as- 
sured him, that it would be an office very 
grateful to his mnster, and that it should not 
want his best furtherance. — Concerning the 
place for landing of the king of Spain's army, 
which from the English Romish Catholicks he 
desired might be sent to invade the land ; it 
wa* resolved, That if the army were great, 
then Essex and Kent were judged fittest, (where 
DMe by the way, who was then lord Warden 
"f the Cinque Ports) : if the army were small, 
awl trusted upon succour in England, then 
Miliurd-haven was thought more convenient. — 
Now there being at that time hostility betwixt 
Uth kingdoms, the king of Spain willingly em- 
Wed the motion, saying, that he took the 
a*»:ige from the Catholicks very kindly, and 
that in all things he would respect them with 
as great care as his proper CnstiliatK. But 
(** his further answer, and full dispatch, Thos. 
Winter was appointed to attend the progress. 
In the end whereof, being in summer time, 
count [Miranda gave him this answer in the 
We If of his master, That the king would be- 
llow 100,000 crowns to ih it u»c, half to he 
paid that year, and tho rest the next spring 
following ; and withal required that we should 
he as good as our promise, for the next soring 
Le meant to be with us, and set foot in England. 
Ai-.l lastly, he desired on the king's* behalf, of 
Winter, that he might have certain advertise- 
ment and intelligence, if so it should in the 
Bean time happen that the queen did die. 
Tho*. Winter laden with these hopes, returns 
into England about a month before Christians, 
and delivered answer of all that had passed, to 
iitory Garnet, Robert Catesby, and Francis 



Tresham. But soon after set that glorious 
light, her majesty died : ' Mira cano ; Sol oc- 
' cubuir, Nox nulla secuta est/ — Presently 
after whose death was Christ. Wright, another 
messenger, sent over into Spain by Garnet, 
(who likewise did write by him to Creswell, 
for the furtherance of the negociation) Catesby 
and Tresham, in the name and behalf of all 
the Romish Catholicks in England ; as well to 
carry news of her majesty's death, as also to 
continue the aforesaid negotiation for an inva- 
sion and pensions, which by Tho. Winter had 
before been dealt in. And in the Spanish 
court, about two months after his arrival there, 
doth • Christopher Wright meet with Guy 
Fawkes ; who upon the 22nd of June was em- 
ployed out of Flanders from Brussels by sir 
William* Stanley, Hugh Owen,, (whose linger 
hath been in every treason which hath been 
of late years detected) and Baldwyu the legier 
Jesuit in Flanders ; from whom likewise the 
said Fawkes carried letters to Cresswell in 
Spain, for the countenancing and furtherance 
of his affairs. — Now the end of Fawkes's im- 
ployment was, to give advertisement to the 
king of Spain, how the king of England was 
like to proceed rigorously with the Catholicks, 
and to run the same course which the late 
queen did ; and withal to intreat that it would 
please him to send an army into England to 
Milford- haven, where the Romish Catholicks 
would be ready to assist him ; and then the 
forces that should be transported in Spinola's 
G allies, should be landed where thev could 
most conveniently. And these their several 
messages did Christopher Wright and Guy 
Fawkes in the end intimate and propound to 
the king of Spain. But the king as then very 
honourably answered them both, that he would 
not in any wise further listen to any such mo- 
tion, as having before dispatched an embassy 
into England, to treat concerning peace. 
Therefore this course by foreign forces failing, 
they fell to the Powder-plot, Catesby and 
Tresham being in at all ; in the treason of the 
earl of Essex, ih the treason of Watson and 
Clarke seminary priests, and also in this of the 
Jesuit*; such a greedy appetite had they to 
pructi.se against the state. 

The test of that which Mr. Attorney then 
spake continuedly, was by himself divided into 

i three general parrs. The first containing cer- 
tain Considerations concerning this Treason. 
The second Observations about the same. The 

! third a Comparison of this Treason of the 
Jesuits, with that of the seminary priests, and 
th.it other of Raleigh and others. 

For the considerations concerning the Tow* 
der-t reason, they were in number eight: that 
is to say, 1. The persons by whom. 2. The 
persons against whom. 3. The time when. 
4. The place where. 5. The means. 6. The 

j end. 7. 'Hie secret contriving. And lastly, 
the admirable discovery thereof. 

1. For the Persons olfeuding, or by whom, 
they are of two sorls ; either of tho clergy, or 
laity : and for each of them there is a several 



171] STATE TRIALS, 3 J am es I. 1 606.— The Trials of the Conspirators [172 



objection made. Touching those of the laity, 
it is by sonic given out, that they are such men, 
as admit just exception, cither desperate in 
estate, or base, or not settled in their wits.; 
audi as are sine rcltgiune, sine sede, sine fide, 
sine re, et sine spe ; without religion, without 
habitation, without credit, without means, 
without hope. But (that no man, though 
never so wicked, may he wronged) true it is, 
they were gentlemen of good houses, of excel- 
lent parts, howsoever most perniciously se- 
duced, abused, corrupted, und jesuited, of 
very competent fortune* and states. Besides 
that Percy was of the house of Northumber- 
land, sir William Stanly, who principally im- 
ployed Fawkes into Spain, and John Talbot of 
Grafton, who at the least is in case of mispri- 
sion of high-treason, both of great and honour- 
able families. Concerning those of the spiri- 
tuality, it is likewise falsly laid, That there is 
never a religious man in this action, lor I 
never yet knew a treason without a Romish 
priest ; but in this there are very many Jesuits, 
who arc known to have dealt and passed 
through the whole action : three of them are 
lexers and statesmen, us Henry Garnet alias 
Walley, the superior of the Jesuits, legier here 
in England ; father Cresswell, Icgior Jesuit in 
Spain, father Baldwyn legier in Flanders, as 
Parsons at Rome ; besides their cursory men, 
as Gerrard, Oswald, Tcsiuond, alius Greene- 
way, Hammond, Hall, and other Jesuits. So 
that the principal offender* are the seducing 
Jesuits ; men that use the reverence of religion, 
yea, even the most sacred and blessed name of 
Jesus, as it mantle to cover their impiety, 
blasphemy, treason and rebellion, and all man- 
ner of wickedness; as by the help of Christ 
shall be made most apparent to the plory of 
God, and the honour of our religion. Con- 
cerning this sect, their studies and practices 
principally consist in two chl's, to wit, in depos- 
ing of kings, end disponing of kingdoms : their 
profession and doctrine is a religion of distinc- 
tion*-, the greatest part of them being without 
the text, and therefore in very deed, idle and 
vain conceits of their own brains : not having 
tnrmbra dividenlia, that is, all the nans of the 
division warranted by the Word oi God ; mid 
' ubi lei non distinguit, ncc nos distinguerc 
' debemus.' And albeit that, princes hold their 
crowns immediately of and from God, by right 
of lawful succession and inheritance inherit by 
royal blood; yet think these Jesuits with a 
goose-quill, within four distinctions to remove 
the crown from the head of any king christened, 
and to deal with them, as the old Romans are 
Wiid to have done with thttir viceroys, or petty 
kings, who in effect were but lieutenants unto 
them, to crown and uncrown them at their 
pleasures. Neither so only, hut they will pro- 
scribe and expose them to be butchered by 
vassals, which is against their own canons, for 
priests to meddle in cause of blood. And by 
this means they would make the condition of a 
king tar worse than that of the poorest crea- 
ture that breathetb. First saith Simanca; 



' rTseretici omncs ipso jure sunt excommuni- 

* cati, et a communione ridel iura dins proscrip- 
1 tionibusseparatietquotannis in ca?na Domini 

* excommumcantur a Papa :' So then every 
heretick stands and is reputed with them us 
excommunicated and accursed, if not de facto, 
yet dejure, in law and right, to all their intents 
and purposes ; therefore may he be deposed, 
proscribed -and murdered. I, but suppose be 
be not a professed heretick, but deaketh re- 
servedly, and keepeth his conscience to him- 
self; how stands ne then ? Simanca answer* 

* Quacri autew solet an hareticus occultns ei- 
' conimunicatus sit ipso jure, et in alias etiam 
4 pamas iucidat contra haereticos ' statutas f 
' Cui quiestioni simpliciter jnrisperiti respon- 
' dent, quodetsi haeresis occulta sit, nihilominus 
' occultus hareticus incidit in illas paenas.' 
Whether he be a known or a secret heretick, 
all is one, they thunder out the tame judgment 
and curse for both; whereas Christ saith, 
' Nolite judicare,' judge not, which is, saith 
Augustine, * Nolite judicare dc occultis,' of 
those things which are secret. But suppose 
that a prince thus accursed and deposed, will 
eftsoons return and conform himself to their 
Romish Church, shall he then be restored to 
his state, and again receive his kingdom? 
Nothing less : for saith Simanca, ' Si reges aut 

* alii principes Christiuni lacti sint harretici, 

* protinus subjecti et vassali ab eorum dominio 

* liberantur ; nee jus hoc recuperabunt, quam- 
' \is postea reconcilientur ecclesia?.' O bur, 
' sancta mater e colesia nunqiiam claudit gremi- 
( um redcunti;' our holy'mother the church 
never shuts her bosom to any convert. It is 
true, say they, but with a distinction, quoad 
an'uimm : therefore so he may, and shall be re- 
stored ; that is, spiritually, in respect of hi* 
soul's health. Quoad annn/tm, he shall again 
be taken into the holy church ; but not quoad 
rcgnuw, in respect of hi* kingdom, or state 
temporal, he must not be restored ; the reason 
is, because all hold only thus far, * Modo non 
' sir ad damnum ecclesiuc,' so tint the church 
receive thereby no detriment. I, but suppose 
that such an unhappy deposed prince have a 
son, or lawful and ii»lit heir, and he also not 
to be touched or spotted with his father's 
crime, shall not he at least succeed, and be 
invested into that princely estate? Neither 
will this down uith them : heresy is a leprosy, 
and hereditary disease: * Et ex leprosis pa- 
' rentihus loprosi generantur filii ;' ' Of leprous 
parents, come leprous children.' So that saith 
Simanca, * Propter -haercsiui regis, non solum 
' rex regno privatur, bed ct ejus filii a regni sue- 
4 cessionc pelluntur, ut nostcr lupus' (who is 
indeed, ' Vir secundum notnen ejus,* a wolf 
as well in nature as name) ' luculcnter probbt. 9 
Now if a man doubt whom the* here mean by 
an heretick, Crcswell in his book called Philo- 
pater, gives a plain resolution ; * ltcgnandi 
'jus amittit' (saith he) 'qui rcligionem Ro- 
manam deserit,' he is the heretick «e speak 
of; even whosoever forsakes the religion of 
the Church of Rome! he is accursed, deprived} 



^Adl^^. 



173] 



STATE TRIALS, 3 James I. 1600.— in the Gunpvivder-Plot. 



[17* 



proscribed, never to be absolved but by the . 
pope himself, never to be restored either in 
buuself, or his posterity. 

One place amongst many out of Creswell's j 
PUlopater, shull serve to give a taste of the je- J 
suitical spirits and doctrine; which is, sect. 2. 
page 109. * Hinc ctiam infert univcrsu theolo- 

* gorum ac jurisconsultorum ecclcsiasticorum 
' scbola (et est cerium et de fide) rmemcuuque 
1 pnncipeiii Christiunum, si a lteligione Catho- 
' Ika manifesto dillcxcrit, et alios avocare volu- 
' tnt, excidcre statim omui p> test ate ac digni- 
4 tile, ex ipsa vi juris tuiu huinani turn divini, 
1 iiocque ant edict am sententiarn supreini pasto- 
1 ns ac judicis contra ipsuin prolatam, et sub- 

* ditos quoscunque liberos esse ab omni jura- 

* meiui o bug at ion e, quod deobedientia tanquain 

* pnncipi legititno prastitissent ; posseque et 
' dehere (si vires habeant) istiusmodi hominem 
' taocjuuin apostatam, haereticum, ac Christi Do- 
' mini dt-sertorem, et reipub. suae inimicum bos- 

* teuiuue ex hominum Christianorum dommatu 
' ejicere, ne alio-* inticiat, vel suo exemplo aut 
4 impcrio a fide avert at. Atquc hate certa, de- 
'finita et indubitata virorum doctissimorum 
'seutentia/ That is, this inference also doth 
tie whole school both of divines and lawyers 
make, (and it is a position certain, and to be 
UiMloubtedly believed) that if any Christian 
prince whatsoever, shall manifestly turn from 
the Catholic religion, and desire or seek to re- 
claim otlier men from the same, he presently 
tklieih from all princely power and dignity; and 
that also by virtue and force of the law itself, 
U>di drtine and human, even before any sen- 
tence pronounced against him by the supreme 
foator and judge. And that his subjects, of 
whnt estate or condition soever, are freed from 
til bond uf oa:h of allegiance, which at any time 
uVv hod made unto him as to their lawful 
prince. Nay, that they both may and ought, 
proTided they bote competent strength and 
free, cast out such a man from bearing" rule 
QoDgst Christians, as an apostate, an heretic, 
% backslider and revolt er from our Lord Christ, 
udau enemy to his own state and common- 
»eiith, Jert pcrluip* he might infect others, or 
h\ Lis example or command turn them from 
t.c faith. And this is the certain, resolute, and 
wj<mbtcd judgment of the best learned men. 
But Tresham in Ins hook, De Ollicio Prmcipis 
CL'Utiani, goeth beyond all the rest ; for he 
frluialy concluueth and determineth, that if any 
prince shall but favour, or shew countenance to 
«i heretick, he presently h^cth his kingdom. 
hi hi) fifth chapter, he propounded this pro- 
Ueni, ' An aliqua possit secundum conscien- 

* tuuii subditis esse ratio, cur legitimo sno regi 
 Ulluuu sine scclere movcant ?' Whether there 
may be any lawful cause, justifiable in con- 
tcieiice, for subjects to take arms without sin, 
agajnst their lawful prince and sovereign ? The 
resolution is, ' Si priiiccps hxreticus sit et obsti- 
1 uau- ac pertinacitcr intolcrahiiis, summi pa»- 

* torn rirvina potestate deponatur, et uliud ca- 
1 put conslitoator, cui subditi.se jungant, et le- 
1 gtUiao online et authoritate ty rami idem amo- 



' veant. Princcps indulgendo hareticos uon 
* solum Deum oilendit, sed perdit et regnum et 
' gentem/ Their conclusion therefore is, that 
for heresy, as above is understood, a prince is 
to be deposed, and his kingdom bestowed by the 
pope at pleasure; and that the people, upon 
pain of damnation, are to take part with him 
whom the pope shall so constitute over them. 
And thus whilst they imagine with the wings of 
their light-feathered distinctions to mount above 
the clouds and level of vulgar conceits, they 
desperately fall into a sea of gross absurdities, 
blasphemy, and impiety. And surely the Je- 
suits were so far in gaged in this treason, as that 
some of them stick not to say, that if it should 
miscarry, tlmt they were utterly undone, and 
that it would overthrow the state of the whole 
society of the Jesuits : And I pray God that in 
this, they may prove true prophet*, that they 
may become like the Order of Templarii, so 
called for that they kept near the sepulc hrc at 
Jerusalem, who were by a general and universal 
edict in one day throughout Christendom quite 
extinguished, as being ordo impictutis, an order 
of impiety. * And so from all sedition and 
' privy conspiracy, from all false doctrine and 
1 heresy, from hardness of heart, and contempt 
' of thy word and commandment, Good Lord, 
' deliver us/ '1 heir protestations and pretences, 
are to win souls to God ; their proofs weak, 
light, and of no value ; their conclusions false, 
damnable, and damned heresies : The first 
mentioneth God, the second savoureth of weak 
and frail man, the last of the devil ; and their 
practice easily appearcth out of the dealing of 
their holy father. 

Henry 3rd of France for killing a cardinal was 
excommunicated, and after murdered by James 
Clement a monk : That f;»ct doth Nxtus Quin- 
tus then pope, instead of orderly censuring 
thereof, not only approve, but commend in a 
long consistory oration. ' '1 hat a monk, a re- 
' ligious man/ with he, ( hath slain the unhappy 
' French king, in the midst of his host, it is rurum 
1 insigne, monoruhilefocinns, a rare, a notable, 
' and a memorable act : yea further, it is J acinut 
s non sine Dei optimi mas i mi particulars provi- 

* dentia et disposition?, \c. A fact done not 
' without the special providi nee and nppoint- 
( meat of our good God, and the su«ge*tion and 

* assistance ot his holy spirit; \ea, a far greater 

* work than was the slaying of HolufVrnes by 
' holy Judith/ Vcrtu nowwhus ficturn ocvide- 
rat, A true monk had killed the fclse monk ; 
lor that, as was reported; Henry 3 sometimes 

, would use that habit when he went in proces- 
sion : and for France, even that part thereof 
which enteituinelh the popish religion, yet never 
could of ancient time brook this usurped autho- 
rity of the «ee of Rome, nainelv, that the pope 
had power to excommunicate kings, and absolve 
subjects from their oath of allegiance : w Inch po- 
sition is x) directly opposite to all the canons of 
the church of France, and to all the decree* of the 
king's parliament there, as that the very body of 
Sorhonne. and the whole university at Paris, 
condemned it as a most schi»inatical, pestiknt 9 



175 J STATE TRIALS, 3 James I. 1G0G.— The Trials of the Conspirators [170 



and pernicious doctrine of the Jesuits; as may 
appear in a treatise made to the French king, 
aud set out 1602, intitled, * Le franc ^Discours/ 
But to return to the Jesuits, Catesby was re- 
solved by the Jesuits, that the fact was both 
lawful and meritorious ; and herewith he per- 
suaded and settled the rest, as they seemed to 
make doubt. 

Concerning Thomas Bates, wlio was Cates- 



was resolved, and that by good authority, as 
Cuming from the Superior of the Jesuits, that in 
conscience it miglrt be done, yea. tho* it were 
with the destruction of many innocent**, rather 
than the action should quail e. Likewise fa- 
ther Hammond absolved all the traitors at 
Robert Winter's house, upon Thursday afier 
the discovery of the Plot, they being then in 
open rebellion : And therefore, * Hos O Hex 



bv's man, as he was wound into this treason by magne caveto :' and let all kings take heed, how 
his master, so was he resolved, when he doubt- they either favour or give allowance or conni- 
ed of the lawfulness thereof, by the doctrine of vance unto them 



the Jesuits. For the manner, it was after this 
sort: Catesby noting that his man observ'd 
him extraordinarily, as suspecting somewhat of 
that which he the said Catesby went about, 
Called him to him at his lodging iti Fuddle- 
wharf; and in the presence of Thomas Winter, 
asked him what he thought the business was 
they went about, for that he of late had so sus- 
piciously and strangely marked them. Bates 
answerM, that he thought they went about some 
dangerous matter, whatsoever the particular 
were : whereupon they sisked him again what 
he thought the business might be ; and he an- 
swered that he thought they intended some 
dangerous mutter about the parliament-house, 
because he had been stmt to get a lodging near 
unto that place. Then did they make the said 
Bates take an oath to be secret in the action ; 
which being taken by him, they then told him 
that it was true, that they were to execute a 
great matter ; namely, to lay jnnvder under the 
parliament-house to blow it up. Then they 
also told him that he was to receive the sacra- 
ment for the more assurance, and thereupon he 
went to confession, to the said Tesmond the 
Jesuit: and in his confession told him, that 
he was to conceal a very dangerous piece of 
work, that his master Catesby and Thomas 
Winter had imparted unto liim, aud said he 
much feared the matter to be utterly unlawful, 
and therefure therein desired the counsel of the 
Jesuit ; and revealed unto him/the whole in- 
tent and purpose of blowing up the parliameiiL- 
houbc upon the first day of the assembly; at 
what time the king, tin? queen, the prince, the 
lords spiritual and temporal, the judges the 
knights, citizens aud burgesses, should all have 
been there con vented and met together. But 
the Jesuit being a confederate therein before, 



•*4Q, The second Consideration respecteth the 
Persons against whom this treason was intend- 
ed ; which are, 1. The king, who is God's 
anointed. Nay, it hath pleased God to commu- 
nicate unto him his own name ; ' Dixi, Dii est is/ 
not substantially or essentially so, neither yet 
on the other side Uxurpativt, by unjust usur- 
pation, as the devil and the pope; but Potesta* 
tivt, as having his power derived from God 
within his territories. 2. Their natural liege 
lord, and dread sovereign, whose just interest 
and title to this crown may be drawn from be- 
fore the conquest ; and if he were not a king 
by descent, yet deserved he to be made one 
for his rare and excellent endowments aud or- 
naments both of body and mind. Look into his 
true and constant religion and piety, his jus- 
tice, his learning above all kings christened, his 
acumen, his judgment, his memory; and you 
will say that he is indeed, ' Solus prateritis 
* major, meliorque futuris.' But because I 
cannot speak what I would, I will forbear to 
speak what I could. Also against the queen, a 
most gracious and graceful lady, a most virtu- 
ous, fruitful, and blessed vine, who hath hap- 
pily brought forth such olive-branches, as that 
' iu benedict ione erit meinoria ejus,' her me- 
mory shall be blessed of all our posterity. Theu 
against the royal issue male, next under God, 
and alter our sovereign, the future hope, com- 
fort, joy, and life of our state. And as for pre- 
serving of the good lady ftli/abcth the king's 
daughter, it should only have been for a time to 
have served for their purposes, as being thought 
a fit project to keep others in appetite for their 
own further advantage; and then God know- 
eth what would have become of her. To con- 
clude, against all the most honourable and pru- 
dent counsellors, aud all the true-hearted and 



resolved and incoura^ed him in the action; worthy nobles, all the reverend and learned 



and said that he should be secret in that which 
his master had imparted unto him, for that it 
was for a good cause. Adding moreover, that 
it was not dangerous unto him, nor any offence 
to conceal it : and thereupon the Jesuit gave 
him absolution, and Bates received the sacra- 
ment of him, in the company of his master Ro- 



bishops, all the grave judges and sages of the 
law, all the principal knights, gentry, citizens 
and burgesses of parliament, the llower of the 
whole realm. Hnrret animus, 1 tremble even 
to think of it: Miserable desolation ! no king, 
no queen, no prince, no h-»ue male, no counsel- 
lors of state ; no nobility, no bishops, no 



bert Cutfesbv aud Thomas Winter. Also when » indues ! () barbarous and more than Scythian 



Jtookwood in the presence of sundry of the trai- 
tors, having first received the oath of secrecy, 
had by Catesby imparted unto him the Plot of 
blowing up the king and state ; the said Kook- 
Wood being greatly amazed thereat, answered, 
that it was a matter of conscience to take away 
to much blood : but Catesby replied, that he 



or Thracian cruelty ! No mantle of holiness can 
cover it, no pretence of n. ligion can excuse it, 
no shadow of good intention can extenuate it; 
God and heaven condemn ir, man and earth 
detest it, the offenders themselves were asham- 
ed of it ; wicked people exclaim against it, and 
the souls of ail Una Christian subjects abhor it I 



177] 



STATE TRIALS, 3 James I. 1606.— m the Gunpowder Plot. 



[178 



miserable, but jet sudden had their ends been, 
who should have died in that fiery tempest, and 
storm f gunpowder. ' Bui more miserable had 
they been that had escaped ; and what horrible 
effects the blowing up of so much powder and 
stuff would have wrought, not only amongst men 
and beasts, but even upon insensible creatures, 
churches, and houses, and all places near ad- 
joining; you who ba\e been martial men best 
know, for my self, ' Vox faucibus hsret :* 
fo that the king may say with Che kingly pro- 
phet David ; * O Lord, the proud are risen 
'against me, and the congregation, even syna- 
' 2PPh tne synagogue of naughty men have 

* sought after my soul, and have not set thee be- 
' fore their eyes/ Psal. lxxxvi. 14. ' The proud 
' have laid a snare for ine, and spread a net 

* abroad, yea, and set traps in my way/ Psal. 
cd. 5. ' But let the ungodly lull into their 
'own nets together, and let me ever escape 

* them/ Psalm/ cxli. 11. We may say, ' If the 
'Lord himself had not been on our side; yea, 
4 if the Lord himself had not been on our side, 

* irlien men rose up against us, they had swal- 
1 Wed us up quick, when they were so wrath- 
' fully displeased at us :. but praised be the 

* Lord, which hath uot given us over for a prey 
' unto i heir teeth. Out soul is escaped even 
4 a» a biid not of the snare of the fjwlcr, the 
' ?n:ire is broken, and we are delivered ; our 
1 help staudcth in the name of the Lord which 

* had; made heaven and earth/ Psaiin exxiv. 

3. 'Ilic third consideration respects the 'Jinie 
«hen this* Treason was conspired ; wherein 
cute tlu.t it was primo Ji'cobi, even at that time 
then his majesty used so great lenity towards 
Recusants, in that by the space of a whole 
jt.ir and four months, he took no pennlty by 
itstute of them. So far was his majesty from 
KTerity, liiat besides the benefit and grace be- 
fore specified, he also honoured all alike with 
advancement and favours; and all this was 
continued uutil the priests Treason by Watson 
*ad Clarke. But as there is wiser ic or dia jju- 
tiev, so is there likewise crud> lit as parcens : 
w* they were not only by this not reclaimed 
fa (as plainly appearethj became far worse. 
Ait, the Kuinish Catholicks did at that very 
uae certify that it was very like, the king would 
deal rigorously with them, and the same do 
(be* traitors now pretend, as the chiefest mo- 
cvt; wlicreas indeed thty had Treason on foot 
aauDftt the king, before they saw his face in 
Eo^aml : neither afterwards, for all the lenity 
be med towards them, would any whit desist or 
ftlent from their wicked attempts. Nay. (that 
■tich coineth next to be remembered in this 
part of their arraignment) they would pick 
Gflttlje time of parliament for the execution of 
their hideous Treasons, w heroin the flower of 
tie land being assembled, for the honour of 
f' r *l, the pood of his Church and this Common- 
*t-alth ; they might as it were with one blow, 
but •round/ but kill and destroy the whole 
Mte: •«► that with these men, impuwta* conti- 
**»« ajffrtum hibuit peccandi, lenity having 
(flee bred a hop* of impunity, begat uot only 

VOL. II. 



insolency, but impenitency and increase of 
sin. 

4. We are to consider the Place, which was 
the sacred senate, the house of parliament. 
And why there ? For that, say they, unjust laws 
had formerly been there made against catho- 
licks: therefore that was the fittest place of all 
others to revenue it, and to do justice in. If 
any ask who should have executed this their 
justice, it was justice Fawkes, a man like 
enough to do according to his name. If by 
what law they meant to proceed ; it was gun- 
powder-law, "fit for justices of hell. But con- 
cerning those laws which they so calumniate as 
unjust, it *hail in few words plainly appear, 
that they were of the greatest both moderation 
and equity that ever were any. T\»r from the 
year 1 Elizabeth, unto 11, all papists came to 
our church and service without scruple I my- 
self have seen Cornwallis, Bcddiu^field, and 
others at church : so that then for the space of 
10 years, they made no conscience nor doubt 
to communicate with us in prayer. But when 
once the Bull of Pope Pius Quinrus was come 
and published, wherein the queen was accursed 
and deposed, and her subjects discharged of 
their ohedience and oath, yea cursed if they did 
obey her ; then did they all forthwith refrain 
the Church, then would they have no more 
society with us in prayer : so that recusancy in 
them is not for religion, but in au acknowledg- 
ment of tho pope's power, and a plain mani- 
festation what their judgment is concerning the 
right of the prince in respect of regal power 
oiul place. Two years after, viz. 13 Elizabeth, 
was there a law made against the bringing in 
of Bulls, &c. Anno 18, catr.e Mayne a priest 
to move sedition. Anno '20, came Campion 
the hrst. Jesuit, who was sent lo make a party 
here in England, for the execution of the former 
Bull: tht u follow treasonable books. Anno 
'.'o Elizabeth, after so many years sufferance, 
there were laws made against recusants and se- 
ditious books : the penalty or sanction for 
recusancy, was not loss of life, or limb, or 
whole stale, but only a pecuniary mulct and 
penalty, and that also until they would submit 
and conform themselves, and again come to 
Church, as they had clone for 10 years before 
the Hull. And yet afterwards the Jesuits and 
Romish prie^th both coming daily into, and 
swarming within the icalm, and infusing conti- 
nually this poison into the subjects hearts, that 
by reason of the said Hull of Pius Quiulu.-, her 
majesty stood excommunicated and deprived 
of her kiniiflom, and that her subjects were 
discharged i-f all obedience to her, endeavour- 
ing hy all means to draw them from (heir duty 
and allegiance to her majesty, and to reconcile 
tiiem to the Church of Kome ; then 27 Eliz. 
a law was made, that it should be Treason for 
any (not to be a priest and an Englishman, 
bom the queen's natural subject, but for any) 
being so bom her subject, and made a Komish 
piicst, M come into any of her dominions, to 
infect any of her royal subjects with th?ir trea- 
sonable and damnable persuasions uud prac- 

N 



170] STATE TRIALS, 3 James I. 1G0<3.— lite Trials qfihe Cotapiratort [180 

tinuing and carriage of this treason ; to which 
purpose there were four means used : 

Jhst, Catesby was commended to the mar- 
quis for a rtgimeut of ho>se in the Low-Coun- 
tries, (which is the same that the lord Arundel 
now hath) that under that pretence he might 
have furnished this treason with horses without 
suspicions The second means was an oath, 
which they solemnly and severally took, as 
well for secrecy, as^ersevcrance and constancy 
in the execution of iheir plot. The form of 
the oath was as follows : r You shall swear by 
the blessed Trinity, and by the sacrament 
you now purpose to receive, never to dis- 
close directly nor indirectly, by word or cir- 
cumstance, the matter that shall be proposed 
to you to keep secret, nor desist from (he ex- 
ecution thereof, until the rest shall give you 
' leave.* — This oath was, by.Gerrard the Jesuit 
given to Catesby, Percy, Christ. Wright, and 
Thomas Winter at once; and by Greenweft 
the Jesuit, to Bates, at another time, and so to 
the rest. — The third, was the Sacrament; 
w hid; they impiously and devilishly prophaned 
to this end. — But the last, was their perfidious 
and perjurious" equivocating, abetted, allowed, 
and j untitled by the Jesuits, not only simply to 
conceal or deny an open truth, but religiously 
to aver, to protest upon salvation, to swear 
that which themselves know to be most false ; 
and all this, by reserving a secret and private 
sense inwardly to themselves: whereby they 
are, by their ghostly fathers, persuaded, That 
they may safely and lawfully elude any ques- 
tion whatsoever. 

And here was shewed a Book written not 
long before the queen's death, at what time 
Thomas Winter was employed into Spain, en- 
titled, ' A Treatise of Equivocation. ' Which 
book being teen and allowed by Garner, the 
superior of the Jesuits, and Blackwtl the arcli- 
priest of England, in the beginning thereof, 
Garnet with hV» o»n haitd put out those words' 
in the title * of equivocation,' and made it thus; 
' A Treatise against Lyiug and fiauduleut Dis- 
simulation.' Whereas in deed and truth it 
makes for both, * Speciosaque nomina culpa 

* imponis. Gnrncttc tua\' And in the end 
thereof, Black we I bespi inkles it with his bless- 
ing, saying, ' Traciatus iste, valde doctus et 

vtrc pius, et Catholicus est ; certe S. Scrip- 
turaru.n, patruui, doctorum, scholasticoruin, 
cnncr.ii-taruin, et oj -rimaruiu rationum nnesi- 
diis plenissime firmat rcquitatcin a?quivoca- 
tif>i:i.r» ; ideoque dignisaimus eat qui typispro- 

* pagelur, ad cousolaiionem aitlictorum Cutho- 
1 lieorum, et omnium piorum instructiontm.' 
That is, * This Treatise is very learned, godly, 

* and Catholick, and doth most fully confirm 
the equity c.f equivocation, by strong proofs 
out of ho'y Scriptures, fathers, doctors, 
schoolmen, canonists, and soundest reasons ; 
and therefore worthy to be published* in 
priut, for the comfort of afflicted Catholick*, 
and instruction of all the godly.' 
Now, in this Book theie is propositi menta- 

Us, ve; bulls, hcripta, and mixta; distinguishing 



tices; yet so, that it concerned only such as 
were made priests sithence her majesty caihe- 
to the crown, and not before. 

Concerning the execution of these laws, it is 
to be observed likewise, that wheieas in the 
quinquenuy, the live tears of queen Mary, 
there were cruelly put to death about 300 per- 
sons for religion ; in all her majesty's time by 
the space of 44 years and upwards, there were 
lor treasonable practices executed, iu all not 
150 pncs'.s, nor abote hvo receivers and har- 
Ixmrvrs of them ; and for religion not any one. 
And here by the way, I desire those of parlia- 
ment to observe, that it is now questioned and 
doubted, whether the law of recusants and re- 
conciled persons do hold for Ireland also, 
and the pans beyond the seas: that is, whe- 
ther such as were there reconciled be within 
the compass o( the statute or not, to the end it 
may be cleared and provided for. 

Now against the usurped power of the see of 
Home, we have of former times about 13 se- 
veral acts of parliament : so thut the crown 
mid the king of England is no ways to be 
drawn under the government of any foreign 
i>ower wliR' Soever, neither oweth duty to any, 
but is immediately wider God himself. Con- 
cerning the pope, for 33 of (hem, namely unto 
by\\ ester, they were famous martyrs. But 

* Quicunque desiderat primatum in ttrris, in- 
' vtukt confusiouom in crrlis :' He that desires 
primacy upon earth, shall surely find confusion 
in hea\en. 

5. The fifth Consideration is of the end, 
which was to biing a final and fatal confusion 
upon the state, lor howsoever they sought to 
shadow their impiety with the cloke of ri-li- 
£io n, yet they intended to breed a confusion 
tit to get new alterations; for they went to 
join with Romish Catholicks, and discontented 
persons. 

(5. Now the sivth point, which is the means 
to compass and work these designs, were damn- 
able- : by mining, by 3(5 barrels of powder, 
hating crows ot iron, stones and wood laid 
v.pou the ban els to have made the breach the 
gi< HliT. Lord, what a wind, what a fire, what 
a motion and coin-notion of earth and air 
would there hate Ken ! But as it is in the 
book o!' Km"!;, when Klias was in the cave of 
the mount lloreb, and that he was called forth 
to tiaud before the Lord, behold a mighty 
stroi.g wind rent the mountains, and brake the 
aock« : ' sed nnn in vuito Domiuu?,* ' but the 
Lord was not in the wind.' .And after the 
wind, came a commotion of the earth and air; 

* Et lion iu commotione Dominus,* 4 the Lord 

wns not iu that commotion ;' ami after the 

commotion came lire ; ' et non in igne Duini- 

4 nus,* * the Lord was not in the tire/ So 

neither was God in auv part of this monstrous 

action. The authors whereof were in this re- 

■pect worse than the \ery damned spiiit of 

Dives, who, as it is in the gospel, desired that 

Others should not come * iu locum tormento- 
xum/ 

7. The next coniideration is, the secret con- 



IS I ] STATE TRIALS, 3 James I. 1 600.— w the Gunpowder Plot. 



[184 



of a mental, a verbal u written, and a mixed 
proposition ; a very labyrinth to lead men into 
error and falshood. — For example, to give you 
a little taste of this art of cozening : A man is 
asked upon his oath this question, Did you see 
such a one to-day ? He may by this doctrine 
answer, No, though he did see him, viz. re- 
serving this secret meaning, not with purpose 
to tell my Lord Cluef Justice : Or, I see him 
not vhiima beatified, or, not in Venice, &c. 
Likewise to answer thus ; I was in the com- 
pany ; reserving and intending secretly as 
added, this word not : As Strange the Jesuit 
did |o my Lord Chief Justice and myself. 
Take one or two of these out of that very book, 
as for purpose : A man comet h unto Coventry 
in time of a suspicion of plague, and at the 
gates the officers meet him, and upon his oath 
examine him : Whether he came from London 
©r no, where they think certainly the plague to, 
be : This man knowing for certain the plague 
not to be at London, or at least knowing that 
the air is not there infectious, and that he only 
rid through some secret place of London, not 
utaying there, may safely swear, he came not 
from London ; answering to their final inten- 
tion in their demand, that i«, whether he came 
•o from London that he may endanger their 
city of the plague, although their immediate 
intention were to know, whether he came from 
London or no. That man, saith the book, the 
very tight of nature would clear from perjury. — 
In like manner, one being convented in the 
bishop's court, because he refused to take such 
a one to his wife, as he had contracted with, 
per verba de prase nti, having contracted with 
another privily before, so that he cannot be 
husband to her -that claimeth him ; may an- 
swer, That he never contracted with her per 
verba de pnrsenti : understanding that he did 
not so contract that it was a marriage: for 
that is the final intention of the judge, to know 
whether there were. a sufficient marrjage be- 
tween them or no. 

Never did father Cranmer, father Latimer, 
father Ridley, those blessed martyrs, know 
these shifts, neither would they have used them 
to have saved their lives. And surely let every 
good man take heed of such jurors or witnesses, 
there being no faith, no hond of religion or ci- 
vility, no conscience of truth in such men ; and 
therefore the conclusion shall be that of the 
prophet David, ' Domine libera animam meam 
' a labiis iniquis et a, lingua dolosa ;' * Deliver 
' me, O Lord, from lying lips, and from a de- 
' ceitful tongue.' 

S. P. Q. It. was sometimes taken for these 
words, Setiatus Popu/usguc Homanus ; The 
Senate and People of Home : but now they 
may truly be expressed thus, Stultus Populux 
qrtttrit Rotnam ; A foolish People that runneth 
to Rome. And here was very aptly and de- 
lightfully inserted and related the apologue or 
tale of the cat and the mice : The cat having a 
long time preyed upon the mice, the poor crea- 
tures at last, for their safety, contained them- 
selves within their holes ; but the cat finding 



his prey to cease, as being known to the mice, 
that he was indeed their enemy and a cat, de- 
viseth this course following, viz. change th his 
hue, getteth on a rf ligious habit, shaveth his 
crown, walks gravery by their holes : And yet 

I)erceiving that the mice kept their holes, and 
ooking out, suspected the worst, he formally, 
and father-like, said unto them, * Quod fuerarn 
' non sum, frater ; caput aspice tonsum !' ' Oh 
' brother, I am not as you take me for, no more 
' a cat; see my habit ami shaven crown I 9 
Hereupon some of the more credulous and bold 
among them, were again, by this deceit, 
snatched up ; and therefore, when afte rwards 
he came as before to entice them forth, they 
would come out no more, but answered, ' Cor 

* tibi restat idem, vix tibi pnesto fidem ;* ' Talk 
' what you can, we will -never believe you, you 

* have still a cat's heart within you.* You do not 
watch and pray, but you watch to prey. And 
so have the Jesuits, yea, and priests too, for 
they are all joined in the tails tike Sampson's 
foxes, Kphraim against Man asses, and Ma- 
nasses against Ephramn, but both against Judab. 

8. The hist consideration is concerning the 
admirable Discovery of this treason, which was 
by one of themselves, who had taken the oath 
and sacrament, as hath been said, against his 
own will : the means was by a dark and doubts 
ful letter sent to my lord Mounteagle *. 

And thus much as touching the Considera- 
tions : the Observations follow, to be considered 
in this Powder-Treason, and are briefly thus: 
1. If the cellar had not been hired, the mine* 
work could hardly, or not at all lwive been dis- 
covered ; for the mine was neither found nor 
suspected until the danger was p:tst, and the 
capital offenders apprehended, and by them- 
selves, upon examination, confessed. 2. How 
the king was divinely illuminated by Almighty 
God, the only ruler of princes like an Angel of 
God, to direct and point as it were to the very 
place, to cause a search to be made there, out 
of tho*c d.irk words of the letter concerning a 
terrible blow. 3. Observe a miraculous acci- 
dent which befel in Stephen Littleton's house, 
called Iiolbach in Staffordshire, after they had 
been two days in open rebellion, immediately 
before the apprehension of these traitors : for 
some of them standing by the fire-side, and 
haying set two pound and an half of powder to 
dry in a platter l»efore» the fire, and underset 
the said platter with a great linen bag full of 
other powder, containing some fifteen or six- 
teen pounds ; it so fell out, that one coming to 
put more wood into the fire, and casting it on, 
there flew a coal into the platter, by reason 
•whereof the powder taking fire and blowing up, 
scorched those who were nearest, as Catesby, 
Grant, and Rookwood, blew up the roof of the 
house : and the linen- bag which was set under 
the platter being therewith suddenly carried 
out through the breach, fell down in the court- 



* The Letter to lord Mounteagle is inserted 
in king James's Account of the Discovery of the 
Gunpowder Plot, which follows this Case. 



lvS3] STATE TRIALS, 3 James I. 1606.— 77/4? Trials of the Conspirators [184 

var,d wliole and unfired ; which if it had took fire was spoken of the? Jesuits nnd priests, so they all 
in the room, would h:;ve slain them nil there, were joined in the ends, like Sampson's Foxes 
so that they never sh *nld have come to this 
trial : and ' Lex justior nulla est, quam necis 
' artifices arte perire sua ?' 4. Note, that gun- 



powder was the invention of a fryer, one of the 
Romish rabble, as printing was of a soldier. 5. 
Observe the sending of Bainham, one of the 
damned crew, to the high-priest of Rome, to 
give signification of this blow, and to crave hi* 
direction and aid. 6. That for all their stir- 
ring and rising in open rebellion, und notwith- 
standing the false rumours given out by them, 
'Hint the throats of all Catholicks should be 
cut ; such is his majesty's blessed government, 
and the loyalty of his subjects, as they got not 
nny one man to take their parts besides their 
own company. 7. Observe, the sherilf, the 
ordinary minister of justice, according to the 
duty of h : s oftice, with such power as he oil a 
sudden by law collected, suppressed them. 8. 
That God suffered their intended mischief to 
come so near the period, as not to be discover- 
ed, but within few hours before it should have 
been executed. 9. That it wa* in the entering 
of the Sun into the Tropick of Capricorn when 
they began their mine ; noting, that by mining, 
tliey should descend ; and bv hanging, ascend. 
10. That there never was any Protestant mi- 
nister in any treason and murder as yet at- 
tempted within this realm. 

T am n.nv come to the last part, which I pro- 
posed in the beginning of this discourse; and 
that i*, touching certain compare ms of this 
Powder-Trcusun of the Jesuit*, with that of 
Rakish, and the other of the priests Watson 
and Clarke. 1. They had all one end, and 
that wn& the ltomi>h Catholick cause. 2. The 
same means, by Popish and discontented per- 
sons, priests and lay- men. 3. They all plaid 
at hazard ; the priests were at the bye, Raleigh 
at the main, but these in at all ; a» purposing 
to destioy all the king's royal is»uc, and withal 
the whole estate. 4. They were all alike ob- 
liged by the same oath and >ucrament. ,5. 
The same proclamations were intended, after 
the fact, to be published for reformation of 
abuses. C. The like army pmxided for inva- 
ding, to laud at Milford-Ha\en, or in Kent. 

7. The same pensions of crowns promised. 

8. The agreeing of the times of the treason of 
Raleigh and these men, which was whin the 
constable of Spain was coming hither : and 
Raleigh said, thv»re could bo no suspicion of 
any invasion, seeing that the constable of Spain 
was then expected for a tteaty of peace ; and 
the navy might be brought to the Croyn under 
pretence of the service in the Low-Countries. 



in the tails, howsoever severed in their heads. 

The conclusion shall be from the admirable 
clemency and moderation of the king, in that 
howsoever these traitors have excteded all 
others their predecessors in mischief, aud so 
' Crescentc malitia, cresccrc dobuit et pama ;' 
yet neither will the king exceed the usual pu- 
nishment of law, nor invent any new torture or 
torment- fur ihem ; but is graciously pleased to 
afford them as well an ordinary coui>e of trial, 
as an ordinary punishment, much inferior to 
their offence. And surely worthy of observa- 
tion i$ the punishment by law provided and ap- 
pointed lor High-Treason, which we call crmtn 
l(csa tiwjtstutts. For first after a traitor hath 
had his just trial and is convicted and attaint- 
ed, he shall have his judgment to be drawn to 
the place of execution from his prison as being 
not worthy any more to tread upon the face 
of the earth whereof he was made : also tor that 
he hath been retrograde to nature, therefore is 
he drawn backward at a horse-tail. And 
whereas God hath made the head of man the 
highest and most supreme part, as being his. 
chief grace and ornament, * Pronaque cum 

* spec tent aniinalia ccetera terrain os hoinini 

* sublime dedit ;' he roust be drawn with his 
head declining downward, and lying so near the 
ground as may be, being thought unfit to take 
benefit of the common air. For which c«iuse 
also he shall be strangled, being hanged up by 
the neck between heaven and earth, as deemed 
unworthy of both, or either ; as likewise, that 
the eyes of men may behold, and their hearts 
contemn him. Then is he to be cut down 
alive, and to have his privy parts cut off and 
burnt before his face a& being unworthily begot-, 
ten, and unfit to leave any generation alter him. 
His bowels and inlny'd parts taken out and 
burnt, who inwardly had conceived and luir- 
boured in his heart such horrible treason. Af- 
ter, to have l.is head cut off, which had imagi- 
ned the mischief. And lastly his body to be 
quartered, and the quarter* set up in some high 
and eminent place, to the view and detestation 
of men, and to become a prey for the fowls of 
the air. 

Aud this is a reward due to traitors, whose 
hearts be hardened : For that it is phytic of 
state and government, to let out corrupt' blood 
from the heart. But, • Po>nitentiu vera nun- 
« quam, stra sed puMiitentia sera raro vera/ 
True repentance is indeed never too late : but 
late repentance is seldom found true : Which 
vet 1 pray the merciful Lord to grant unto them, 
that having a sense of their offences, they may 



were hanged for words than for deeds. And 
before Raleigh's treason was discovered, it was 
reported in Spain that Don Raleigh and Don 
Cobhain should cut the king of England's 
throat. 

I say not, that we liave any proofs, that 
these of the Powder- Plot wen* acquainted with 
Raleigh, or Raleigh with them : but as before 



And KaU-iirh further said, That many more ''make a true and sincere confession both for 



their souls health, and for the good nnd safety 
of the king and this state. And for the rest 
that are not yet apprehended, my prayer to 
(tud is, ' Ut aud couvertantur ne pereant, aut 
* confundantur ne noceant ;' that either they 
may be converted, to the end they perish not, 
or el*e confounded, tlint they hurt not. 
Alter this, by the direction of master At tor* 



185] 



STATE TRIALS, 3 James I. 1(306.— in the Gunpowder Phi. 



[180 



ne) -General, were tlieir several examinations 
(subscribed by ttieinselves) shewed purticularly 
unto them and acknowledged by them to be 
their own, and true, wherein every one had 
confessed the treason. Then did master Attor- 
ney desire, That albeit that which had been 
already done and confessed at the bar, might 
t« all-sufficient for the declaration and justifica- 
tion of the course of justice then held, especi- 
ally seeing we have reus confitcntcs, the traitors 
<mn voluntary confessions at the bar ; yet for 
further satisfaction to so great a presence and 
■udience, and tlieir better memory of the car- 
riage of these treason?, the voluntary and free 
confessions of all the said several traitors in writ- 
mi: subscribed with their own proper hands, and 
acknowledged at the bar, by themselves to be 
true, were openly and distinctly read ; By 
which, amongst other tilings, it appeared that ' 
Bates was absolved for what he undertook con- 
cerning the Powder- treason, and being therein 
warranted' by the Jesuits. Also it appeared, 
that Hammond <he Jesuit, after that he knew 
the Powder- treason was discovered, and that 
these traitors had been in actual rebellion, con- 
fessed them, and gave them absolution : and 
tins was on Thursday the 7 th of November. 

Here also was mention made by master 
Attorney of the Confessions of Watson and 
Clarke, seminary priests, upon their apprehen- 
sion ; who affirmed, that there was some trea- 
son intended by the Jesuits, and then in hand ; 
as might appear. 1. By their continual nego- 
tiating at that time with Spain, which they 
inured themselves tending to nothing but 
a preparation for a foreign commotion. 2. By 
their collecting and gathering together such 
great sums of money, as then they had done, 
therewith to levy an army when time should 
lerte. 3. For that sundry of the Jesuits had 
been tampering with Catholicks, as well to 
«hwade them from acceptance of the king at 
hia first coming, saying, That they ought rather 
to die than to admit of any heretick (as they 
cwiinually termed his majesty) to the crown ; 
ut that they might not, under pain of excora- 
tt3Bcation, accept of any but a Catholick for 
'Aft? sovereigns; as also to dissuade Catholicks 
ft* their loyalty after the state was settled. 
I«Jt. In that they had both bought up store 
of treat horses throughout the country, and 
conveyed powder and shot, and artillery se- 
'Tttly to their friends; wishing them not to stir, 
Ut keep themselves quiet until they heard 
faro them. 

After the reading of their several Examina- 
tions, Confessions, and voluntary Declarations 
*tt<*U of themselves, as of some of their dead 
Confederates, they were all by the Verdict of 
fht jury found Guilty of t l ie Treasons contained 
•a (nt-ir Indictment. And then being severally 
fcktd. What they could say, wherefore Judg- 
btit of Death * should not be pronounced 
toinst them ? there was not one of these (<>*- 
( 1* Kookwood) who would make any con- 
rm <*d speech either in defence or extenuation 
of tlie fret. 



Thatnat Winter only desired, that he might 
be hanged both for his brother and himself. 

Guy Fawkes being asked, Why he pleaded 
Not Guilty, having nothing to ' say for his ex- 
cuse : answered, That he had so done in res- 
pect of certain conferences mentioned in the 
indictment, which he said that he knew not 
ot': whicii were answered to have been set 
down according to course of law, as neces- 
sarily presupposed before the resolution of 
such a design. 

Keyt said, That his estate and fortune wero 
desperate, and as good now as at another time, 
and for this cause rather than for another. 

Bates craved mercy. — Robert Winter, mercy. 

John Grant was a good while mute ; yet 
after, submissively said, he was guilty of a con- 
spiracy intended, but never effected. 

But Ambrose Rookv,ood first excused his de 
nial of the Indictment, fur that he had rather 
lose his life than give it. Then did he acknow- 
ledge his offence to be so heinous, that he justly 
deserved the indignation of the king, and of the 
lords, and the hatred of the whole common- 
wealth ; yet could he not despair of mercy at 
the hands of a prince, so abounding in grace 
and mercy : and the rather, because his offence, 
though it were incapable of any excuse, yet 
not altogether incapable of some extenuation, 
in that he had been neither author nor actor, 
but only persuaded and drawn in by Catesby. 
whom he loved above any worldly man : and 
that he had concealed it not for any malice to 
the person of the king, or to die state, or for 
any ambitious respect of his own, but only 
drawn with the tender respect, and the faithful 
and dear affection he bare to Mr. Catesby his 
friend, whom he esteemed dearer than any 
thing else in the world. And this mercy he 
desired not for any fear of the image of death, 
but for grief that so stiameful a death should 
leave so perpetual a blemish and blot unto all 
ages, upon his name and blood. But howso- 
ever that this was his first offence, yet he hum- 
bly submitted himself to the mercy of the king; 
and prayed that the king would herein imitate 
God, who sometimes doth punish corporaliter, 
non mortaliter t corporally, yet not mortally. 

Then was related how that on Friday imme- 
diately before this Arraignment, Robert Win- 
ter having found opportunity to have confer- 
ence with Fawkes in the Tower, in regard of 
the nearness of their lodgings, should say to 
Fawkes, as Robert Winter and Fawkes con- 
fessed, thot he and Catesby had sons, and that 
boys would be men, and that he hoped they 
would revenge the cause; nay, that God would 
raise up children to Abraham out of stones: also 
that they were sorry, that nobody did set forth 
a defence or auology of their action, but yet 
they would maintain the cause at their deaths. 

Here also was reported Robert Winter's 
dream, which he had before the blasting with 
powder in Littleton's house, and which he him- 
self confessed and first notified, viz. That he 
thought he saw steeples stand awry, and within 
those churches strange and unknown iuc*?. 



187] STATE TRIALS, 3 James I. 1600.— TIte Trials oftlic Conspirators [13« 



And after, when the foresaid blast had the dav 
following scorched divers of the confederates, 
and much disfigured the faces and counte- 
nances of Grant, Itook wood, and others ; then 
did Winter call to mind his dream, and to his 
remembrance thought, that the faces of his 
associates so scorched, resembled those which 
he had seen in his dream. 

Then was sir Evcrard Digby arraigned, and 
after his Indictment was read; wherein he 
was charged, not only to have been acquainted 
with the Powder-treason, and concealed it, 
and taken the double oath of secrecy and 
constancy therein, but likewise to have been 
an actor m this conspiracy ; and lastly to have 
exposed, and openly shewed himself in the re- 
bellion in the country amongst the rest of the 
traitors. All which after he had attentively 
heard and marked, knowing that he had con- 
fessed it, and the strength and evidence of the 
proofs against hiin, and convicted with the tes- 
timony of his own conscience, shewed his dis- 
position to confess the principal part of the 
said Indictment, and so began to enter into a 
discourse. But being advertised that he must 
first plead to the Indictment directly, either 
Guilty, or not Guilty ; and that afterwards he 
should be licensed to speak his pleasure; he 
forthwith confessed thetreason contained in the 
Indictment, and so fell into a speech, whereof 
there were two parts, viz. Motives, and Peti- 
tions. The first motive which drew him into 
this action, was not ambition or discontentment 
of his estate, neither malice to any in parlia- 
ment, but. the friendship and love he bare to 
Cattv-hy, which prevailed so much, ami was 
so powerful with him, as that for his sake he 
was ever contented and ready to hazard him- 
self and his estate. The next motive, was the 
cause of religion, which alone, seeing (as he 
said) it lay at the stake, he entered into reso- 
lution to neglect in that, behalf, his estate, his 
life, his name, his memory, his posterity, and 
all worldly and e>»rthlv felicity whatsoever ; 
though he did utterly extirpate, and extinguish 
all other hopes f>r the restoring of the Catho- 
lick Religion in Knfjand. His third motive 
was that promi«cs were broken with the 
Catholirks. And lastly, that they generally 
feared harder laws from this parliament against 
recu^ms, as that recusants wive*, and women 
should be liable to the mulct as well ns their 
husb'in.ls and men. And further, tint it was 
suppled, that it should be made a pr<r.minirc t 
unlv to be a Catholick. 

Mis Petitions were, That sithence his offence 
was confined and contained within himself, 
that the punishment also of the same might 
extend only to himself and not to be transferred 
either to his wife, children, sisters, or other : 
and therefore for his wife he humbly craved, 
that she mi'jht enjoy her jointure ; his son the 
benefit of an cnt»il made long before any 
thought of this action; his sisters, their jnst 
and due portions, which were in his hands ; his 
creditors their rightful debts, which that he 
might more justly set down under his band, he 



requested that before his death, his man (who 
was better acquainted both with the men, and 
the particulars than himself) might be licensed 
to come unto him. Then prayed he pardon of 
the king and lords for his guilt. And lastly he 
entreated to be beheaded ; desiring all men to 
forgive him, and that his death might satisfy 
them for his trespass. 

To this speech forthwith answered sir Ed- 
ward Coke, Attorney-General, but in respect of 
the time (for it grew now dark) very briefly : 

1. For his Friendship with Catesby, that it 
was mere folly and wicked conspiracy. 2. His 
Religion, error, and heresy. 3. His Promises, 
idle and vain presumptions, as also' his Fears, 
false alarms, concerning wives that were recu- 
sants, if they were known so to be before 
their husbands (though they were good Protes- 
tants) took them, and yet for outward and 
worldly respects whatsoever, any would match 
with such ; great reason there is that he or 
thev should pay for it, as knowing the penalty 
anrJ burden before: for 'volenti et scienti 
'non sit injuria ;' no man receives injury in 
that,, to which he willingly and knowingly 
agreeth and consenteth. But if she were no 
recusant at the time of marriage, and yet after- 
wards he suffer her to be corrupted and se- 
duced, by admitting priests and romanists 
into his house ; good reason likewise that he, 
be he papist or protestunt, should pay for his 
negligence and misgovcrnment. — 1. Concern- 
ing the Petitions for wife, for children, for 
sisters, &c. O how he doth now put on the 
bowel* of nature and compassion, in the peril 
of his private and domestical estate ! But 
before, when the publick state of his country, 
when the kirn.;, the queen, the tender princes, 
the nobles, the whole kingdom were designed 
to a perpetual destruction ; where was then 
this piety, this religious affection, this care ? 
All nature, all humanity, all respect of laws 
both divine and human, were quite abandoned; 
thru was there no conscience made to extir- 
pate the whole nation, end all for a pretended 
zeil to the Catholick Religion, and the jus- 
tification of so de-tf stable and damnable a fact. 
Here did Sir Ercrard Dighi/ interrupt Mr. 
Attorney, and said, that he did not justify the 
fact, but confessed that he deserved the vilest 
death, and most severe punishment that might 
be : but lie was an bumble petitioner for mer- 
cy, and some moderation of justice. — Where- 
upon Mr. Attorney replied, that be should not 
look by the king to be honoured in the manner 
of his divith, having so far abandoned all reli- 
gion and humanity in his action : but that he 
was rather to admire the great moderation 
and mercy of the king, in that for so exorbitant 
a crime, no new torture answerable thereunto 
was devised to be inflicted upon him. And fir 
his wife and children, whereas he said that for 
the Catholick cause he was content to neglect 
the ruin of himself, his wife, his estate, and all ; 
he should have bis desire as it is in the Psalm, 
' Let his wife be a widow, and his children 
4 vagabonds, let his posterity be destroyed, auct 



189] 



STATE TRIALS, 3 James I. 1600.— in the Gunpowder Plot. 



[190 



1 in the next generation let his name be quite 
4 put out.' For ihe paying of your creditors, it 
is equal and just; but yet lit the king be iirst 
satiatied and paid, to whom you owe so much, 
a* that all you have is too little : yet these 
things inust be left to the pleasure of his ma- 
jesty, and die course of justice and law. 

Earl of Northmnuton. You must not hold it 
finny* v, sir Everaru Digby, though at this time 
being presided in duly, conscience mid truth, I 
do not suffer you to wander in the labyrinth 
wt your own idle conceits, without oppo- 
ation, to seduce others, as yourself have been 
seduced, by false principles, or to convey your- 
srif by charms of imputation, by clouds of 
error, and by shifts of lately tjeyised equivo- 
cation, out of that straight \t herein your late 
fecure and happy fortune hath been unluckily 
entangled, but yet justly surprized by the rage* 
nut re\ euge vf\our own rash humours. If in 
this crime (uioio horrible than any man is able 
to express) I could lument the estate of any 
person upon earth, I could pity you ; but 
thank yourself and»your bad counsellors for 
leading you into a crime of such a kind, as no 
Itss benunibeth in all faithful, true and honest 
men, the tenderness of affection, than did in 
?ou the sense of all humanity. — That you were 
once well thought of and esteemed by the late 
queen, I can witness, having heard her speak 
of you with that grace, which might have en- 
couraged a true gentleman to have run a better 
course. Nay, 1 will add fuither, that there 
•as a time wherein you were as well affected 
to the king our master's expectation, though 
perhaps upon false rumours and reports, that 
be would have yielded satisfaction to your un- 
f robahle and vast desires ; but the seed that 
wanted moisture (as our Saviour himself re- 
portetlij took no deep root : that zeal which 
Lath no other end or object than the plcn&iug 
of itself, is quickly spent; and Trajan, that 
worthy and wise emperor, had reason to hold 
kimself discharged of all debts to those that 
kad offended more by prevarication, than they 
Ovid ever deserve by industry. — The grace 
*i goodness of his majesty in giving honour 
ska first coming unto many men of your own 
flfcetion, axid (as I think) unto yourself; his 
fauty in admitting all without distinction of 
Trojan or of Ty rian, to his royal presence, upon 
ja« occasions of access; his integrity 1n setting 
open the irate of cml justice unto all his sub- 
jects equally and indifferently, with many other 
Urour* that preceded by the progression of 
ftaie; arc so palpable and evident to all 
men, that lime cither eyes of understanding, 
or understanding of capacity, as yourself and 
•any others have been driu-n of late to excuse 
tad "countenance your execrable ingratitude 
•idi a tlil-ic and scandalous report of s Jine fur- 
•W hope and comfort yielded to ti»e Catho- 
IkU for toleration or connivance, before his 
(cuing to the crown, than miicc hath been 
perf'rfujed, made good or satisfied. — 1 am not 
ipu#rant, that lJ»i* seditious and false alarm 
*m1i awaked  "** incited uiany working spirits 



to the prejudice of the present state, that 
might otherwise have slept as before with si- 
lence and sufferance ; it hath served for a 
shield of wax against a sword of power : it nath 
been used as an instrument of art to shadow 
false approaches, till the Tmjan horse might 
be brought within the walls of the parliament, 
with a belly stuffed, not as in old time with 
armed Greeks, but with hellish gunpowder. 
But howsoever God had blinded you and others 
in this action, as he did the king of Egypt and 
his instruments, for the brighter evidence of 
his own powertul glory ; yet every man of un- 
derstanding could discern, that a prince whose 
judgment had heen iixed by experience of so 
inau y years upou the poles of the North and 
the Suuth, could not shrink upon the sudden : 
ne nor since with fear of that combustion which 
Catesby that -arch-traitor, like a second Phae- 
ton, would have caused in an instant in all the 
elements.' His majesty did never value for- 
tunes of the world, in lesser matter than reli- 
gion, with the freedom of his thoughts : he 
thought it no safe policv (professing as he did, 
and ever will) to call up more spirits into 
the circle than he could put down again ; he 
knew, that ornne regnum in ae divisum desotabi- 
tar, philosophy doth teach, that whatsoever 
any man may think in secret thought, that where 
one doth hold of Cephas, another of Apollo, 
openly dissension ensues, quod insitum aiieno 
solo est, in id quo ulitur natura vtrtenle dege- 
nerat ; and the world will ever apprehend, that 
Quorum est commune xymbolum, Jacillimus ett 
transitu*. — Touching the point itself of promis- 
ing a kind of toleration to Catholics, as it was 
divulged by these two limbs of Lucifer, Watson 
and l'eicy, to raise a ground of practice and 
conspiracy against the state and person of our 
dear sovereign, let the kingdom of Scotland 
witness for the space of so many years before 
his coining hither, whether cither flattery or 
fear, no, not upon that enterprize of the 17th 
of Nov. which would have put the patience of 
any prince in Europe to his proof, could draw 
from the king the least inclination to this dis- 
pensative indifference, that was only believed, 
because it was eagerly desired. — Every man 
doth know how great art was used, what strong 
wits sublimed, how many ministers suborned 
and corrupted many years both in Scotland and 
in foreign parts, to set the king's teeth an edge 
with fair promises of future helps and supplies, 
to that happy end of attaining his due right in 
KpfJ-.ind, when the sun should »et, to rise more 
ul-Tiously in the same hemisphere, to the won- 
der Inith of this inland and of the world. But 
ail in \a'-n ; iorjac/a crat a Ira, the king's coin- 
puss had been set before, mid by a more cer- 
tain rul'-, and thev were commonly cast off as 
forlorn hopes in the king's favour, that ran a 
eorrte ef milking themselves in the foremost 
front iiiTiireiun correspondency. — Upon notice 
«jii en to his majesty from hence some vetirs be- 
fore the death of the late queen, that many men 
were ^nmn suspicious of his religion, by tu- 
rnouts spread abroad, that tome of those in fo- 



191] STATE TRIALS, 3 James I. 1000.— We Triak of the Conspirators [192 

were subject, both in points of faith, and limi- 
tation of loyalty : And last of all, forcasting to 
' what end their former protestation would come, 
when present satisfaction should shrink ; he 
was ever fearful to embark himself for any far- 
ther voyage and adventure in this strait, than 
Ins own compass might steer him, and his judg- 
ment level him. — If any one green leaf for Ca- 
tholics could have been visibly discerned by the 
eye of Catesby, Winter, Garnet, Fawkes, &c. 
they would neither have entered into practice 
with foreign princes during the queen's time for 
prevention ot the king's lawful and hereditary 
right, nor have renewed the same both abroad 
and at home by missions and combinations, 
after his majesty was botli applauded and enter- 
ed. — It is true, that by Confessions wc find, 
that false priest Watson, and arch traitor Percy, 
to have been the first devisers and divulgcrs of 
this scandalous report, us an accursed ground, 
whereon they might wiih some ail vantage, as it 
was conceived, build the castles ot their < xmspi- 
nicy. — Touching the first, no nun tun speak 
more sound 'y to the point thrui myself; *t,« be- 
ing sent into tho pnsin by the king to « hirge 
him with this fake alarm, only two d:iv« before 
his death, and upon hi? soul lo n.ess him in the 
presence of God, and as lie would answer it at 
another bar, to con less directly whether at 
( it her of both these times he had access unto 
his majesty at Edinborough, his majesty did 
give him auy promise, hojie or comfort of en- 
courage aicnt to Catholics concerning toleration ; 
he did there piotest upon his soul that he could 
ni?ver win one inch of ground, or draw the 
smallest comfort from the king in those degree?, 
nor further than that lie would have them ap- 
prehend, th-.it as he w:«s a stranger to this state, 
so til! he understood in all points how those 
matters stnoj, he would not promise favour any 
way ; but did protest lh.it all the crowns and 
_ kingdoms in this world, should not induce him 
to 'hange any jot of his profession, which was 
the pasture of bis soul, and earnest of his eternal 
inheriunee. He did conilj.s i hat in very deed, to 
keep tip the hearts of Catholic* in love ami duty 
to tiie king, lie had imparted the king** won Is to 
many, in abetter tune, and a higher -vind of 
descant, that: his hook of plain song did direct; 
because he knew that others like sly barren en 
looked that way, when their stroke was bent 
another way. For this he crated pardon of the 
king in humble manner, and tor his main {rea- 
sons of a higher nature than these figures of 
hypocrisy; and seemed penitent, as well for 
the horror of his crime, as for the falsehood 
of bis whisperings. — It hindered not tin* satis- 
faction which may he given to Percy's shadow 
(the most desperate fioutefeu in the pack), 
that as he died impeuiienr, for any thing we 
know : so likewise he died silent in the jumicu- 
lars. For first, it is not strange that such a 
traitor should devise so scandalous a slurder 
out of the malice of his hrart, intending to 
dt stroy the king by any means, and to advance 
all means that might remove obstructions and 
impediments to the plot of gunpowder. Th« 



reign parts, that seemed to be well affected to 
his future expectation, had used his name more 
audaciously, and spoken of bis favour to the 
Catholics more forwardly than the king's own 
conscience and unchangeable decree could ac- 
knowledge or admit (either with a purpose to 
prepare the minds of foreign princes, or for a 
practice to estrange and alienate affections at 
home) hot only utterly renounced and con- 
demned these encroachments of blind zeal, and 
rash proceedings, by the voices of his own mi- 
nisters, but was careful also for a caution to 
succeeding hopes, so far as lay in him, that by 
the disgrace of the delinquents in this kind, the 
minds of all English subjects chiefly might be 
secured, and the world satisfied. — No man can 
speak in this case more confidently than myself, 
that received in the queen's time, for the space 
of many years, directions and warnings to take 
heed, that neither any further comfort might he 
given to Catholics, concerning future favours, 
than he did intend, which was to hind all sub- 
jects in one kingdom to one law, concerning 
the religion established, howsoever in civil mat- 
ters he might extend his favour as he found just 
cause : nor any seeds of jealousy and diffidence 
sown' in the minds of Protestants by Semeis and 
Achitopheli, to make them doubtful of his con- 
stancy, to whom he would confirm with his 
dearest hlood, that faith which lie had sucked 
from the breast of his nurse, apprehended from 
the cradle of his infancy, and maintained with 
his uttermost endeavour, affection and strength: 
since he was more able out of reading and dis- 
puting, to give a reason of those principles which 
Le had now digested and turned i" nutriment. 
—He that wrote the Book of Titles before the 
late queen's death, declares abundantly by seek- 
ing to possess some foreign prince of the king's 
hereditary crowns, when the cause should come 
to the proof, and may witness instead of many ; 
what hope there was of the king's favour or af- 
fection to Catholics in the case of toleration or 
dispensation, with exercise of conscience. For 
every man may guess that it was no slight or 
ordinary degree of despair, that made him and 
other of his suit renounce their portion in the 
son and heir of that renowned and rare lady 
Mary queen of Scotland, a member of the Ro- 
man church ; as some did in David, Nut in no- 
bit pars in David, nee hwrcditas in fdio hoi : 
For hereof by letters intercepted in their pas- 
sage into Scotland, the records and proofs are 
evident. His majesty, so long as he was in ex- 
pectation of that which by the work and trrace 
of Cod lie doth now possess, did ever seek to 
settle his establishment upon the faith of Pro- 
testants in generality, as the most assured sheet, 
anchor. For though he found a number on the 
other side, as faithful and as wcll-affcctcd to 
his person, claim and interest, as any men 
alive, as well in respect of their dependency 
upon die queen his mother, as foi the taste 
which they had of the sweetness of himself; yet 
finding with what strength of blood many have 
been over-carried out of a fervency in zeal in 
fonder timet, observing to what censures they 



193] 



STATE TRIALS, 3 James I. 1 606.— in the Gunpowder Plot. 



[191 



more odious that be could make him to the 
party malecouteut, and the more sharply that 
he could set the party mulccoiitent upon the 
point and humour of revenge: the stronger 
was his hope at the giving of the last blow, to 
be glorified and justified. But touching tl»e 
truth of the matters, it "ill be witnessed by 
many, that this traitor Percy after both the 
first and second return from the king, brought 
to the Catholicks no spark of comfort, of en- 
couragement, of hope; whereof no stronger 
}i jof of argument doth need, than that Fawkes 
and others were employed both into Spain 
tod other parts, for the reviving of a practice 
impended and covered, after Percy's coming 
back ; as in likelihood they should not have 
been, in case he had returned with a branch of 
olive in his mouth, or yielded any ground of 
comfort to resolve upon. — Therefore I thought 
it thus far needful to proceed, for the clearing 
of those scandals that were cast abroad, by 
these forlorn hopes and graceless instruments. 
It only remains that I pray lor your repentance 
in this world for the satisfaction of many, and 
forgiveness in the next world; for the saving of 
yourself ; having bad by the king's favour so 
Jong a time to cast up your account, before 
jour appearance at the seat of the great auditor. 
Then spake the Earl of Salisbury, especially 
to that point, of his majesty's breaking of pro- 
mise with Recusants, which was used and 
urged by sir Everard Digby, as a motive to 
draw biro to participate in this so hideous a 
treason. Wherein bis lordship, after acknow- 
ledgment that sir Everard Digby was his ally, 
and having made a zealous and religious pro- 
testation concerning the sincerity and truth of 
that which he would deliver : sljortly and clearly 
defended the honour of the king herein, and freed 
h* majesty from all imputation and scandal of 
irresolution in religion, and in the constant and 
perpetual maintaining thereof; as also from 
■King at any time given the least hone, much 
kse promise of toleration. To which purpose 
W declared how his majesty, as well before his 
casing' to this crown, as at that very time, 
md always since, was so far from making of 
promise, or giving hope of Toleration, that he 
eier professed he should not endure the very 
notion thereof from any. — And here his lord- 
ship shewed what was done at Uumpton<-Court 
at the time of Watson's treason, where some 
of tin* greater recusants were ronventcd: And 
being found tlicn not to have their fingers in 
treason, were sent away again with encourage- 
Bent to persist in their dutiful carriage, and 
tith promise only of thus much favour. That 
those mean profit* which had accrued since the 
iiajr** time to his majesty lor their recusancy, 
ibould be forgiveu to the principal gentlemen, 



| who had both at his entry shewed so much 
loyalty, and had kept themselves so free since 
from all conspiracies. — Then did his lordship 
also (the rather to shew how little truth sir 
Everard Digby 's words did carry in any thing 
which he had spoken) plainly prove, that all 
his protestations wherein he denied so con- 
stantly to be privy to the Plot of Powder, were 
utterly false, by the testimony of Fawkes (there 
present at the bar) who had confessed, that 
certain months before that session, the said 
Fawkes being with Digby at his house in die 
country, about what time there had fallen much 
wet : Digby taking Fawkes aside after supper, 
told him that n« was much afraid that the 
powder in the cellar was grown dank, and that 
some new must be provided, lest that should 
ndt take fire. — Next, the said earl did justly 
and greatly commend the lord Mountcagle for 
his loyal and honourable care of bis prince and 
com i try, in the speedy bringing forth of the 
letter sent unto him; wherein he said, that he 
had shewed both his discretion and fidelity. 
Which speech being ended, Digby then ac- 
knowledged, that he spake not that- of (he 
breach of promise out of his own knowledge, 
but from their relation whom he trusted; and 
namely from sir Tho. Tresham. 

Now were the Jury returned, who having 
delivered their Verdict, whereby they jointly 
found those seven prisoners, arraigned upon 
the former Indictment, Guilty ; Serjeant Philips 
craved Judgment against those seven upon 
their conviction and against sir Everard Digby 
upon his own Confession. 

Then the Lord Chief Justice of England, 
after a grave and prudent relation and defence 
of the laws made by queen Elizabeth against 
recusants, priests, and receivers of priests, 
' together with the several occasions, progresses 
and reasons of the same; and having plainly 
demonstrated and proved that tbey were all 
necessary, mild, equal, moderate, and to be 
justified to all the world : pronounced Judg- 
ment. 

Upon the rising of the court, sir Erererd 
Digby bowing himself towards the lord*, said, 
If I may but hear any of your lordships say, 
you forgive me, I shall go more cheartully to 
the gallows. — W hereunto the lords said, God 
forgive you, and we do. 

And so according to the Sentence, on Thurs- 
day following being the 30th of January, ex- 
ecution was done upon sir Everard Digby, 
Robert Winter, John Grant, and Thomas 
Bates, at the West end of Paul's church ; and 
on Friday following, upon Thomas Winter, 
Ambrose Uookwood, UoWrt Keyes, and Guy 
Fawkes, within the old Palace- Yard, at West- 
minster, not far from the Purliaincut-llouse. 



YOi. It. 



O 



195] STATE TRIALS, 3 James I. I606._7fc Trials of the Cotispu-ators [19G 

The following History of the Gi:npowder-Plot, written by King James himself, it 
extracted from the first Collection of his Works published during his life-time by 
Mountague, Bishop of Winchester. 



While this land and whole monarchy flou- 
rished in a most happy aqd plentiful peace, as 
well at home, as abroad, sustained and con- 
ducted by these two main good pillars of ail 
good government, piety and justice, no fo- 
reign grudge, nor inward whispering of discon- 
tentment any way appearing : the king being 
upon his return from his hunting exercise at 
Royston, upon occasion of the drawing near of 
the parliament^time, which had been twice 
prorogued already* partly in regard of the ^a- 
son of the year, and partly of the term : as 
the winds are ever stillest immediately before a 
storm ; and, as the sun " bleaks often hottest to 
foretel a following shower ; so, at that rime of 
greatest calm, did this secretly hatched thun- 
der begin to cast forth the first flashes, and 
flaming lightnings of the approaching tem- 
pest. For, the Saturday of the week imme- 
diately preceding the king's return, which was 
upon a Thursday, being hut ten days before 
the parliament, the lord Mont eagle, son and 
heir to die lord Morley, being in his own 
lodgings ready to go to supper, at seven of the 
clock at night, one of his footmen, whom he 
had sent of an errand over the street, was 
met by a man of a reasonable tall personage, 
who delivered him a Letter, charging him to 
put it in my lord liis master's hands ; which 
my lord no sooner received, but that, havinz 
broken it up, and perceiving the same to be of 
an unknown, and somewhat unlc<:ible hanil, 
and without either date or superscription, did 
call one of his men unto him, for helping him 
to read it. But no sooner Hid he conceive the 
strange contents thereof, although he was some- 
what perplexed what construction to make of 
it/ns whether of a matter of consequence, as 
indeed it was, or whether some foolirh devi«ed 
pasquil by some of his enemies to scare him 
from his attendance at the paiiiament, yet did 
he, as a most dutiful and loyal subject, con- 
clude net to conceal it, whatever might come 
of it. Whereupon, notwithstanding the late- 
ness and darkness of the night in iliat serson 
of the year, he presently repaired to his ma- 
jesty'?* palace at Whitehall, mid there delivered 
the same to the earl of Salisbury, his majesty's 
principal secretary. Whereupon, the suiti earl 
of Salisbury having read the letter and heard 
the manner of the coming of it to his hands, did 

f;reaily encourage and commend my lord tor 
lis discretion, telling him plainly, that, what- 
soever the purport of the Letter might prove 
hereafter, yet did this accident put him in 
mind uf divers advertisements he had received 
roni bcy.ind the seas, wherewith he hud ac- 
quainted, as well the king himself, as divers of 
his privy-counsellors, concerning some budUic. L s 
the Papists were in, both at home and abroad, 
making preparations for some combination 
amongst them against this parliament-time, for 



enabling them to deliver at that time to the 
king sojue petition for toleration uf religion, 
which should be delivered in some such order, 
and so well backed, as the king should be loth 
to refuse their requests ; like the sturdy beggars, 
craving alms with one open hand, but carrying 
a stone in the other, in case of refusal. And 
therefore did the earl of Salisbury conclude 
with the lord Monteagle, that he would, in re- 
gard of the king's absence, impart the same 
Letter to some more of his majesty's council, 
whereof my lord Monteagle liked well, only 
adding this request, by way of protestation* 
That whatsoever the event hereof might prove, 
it should not he imputed to him, as proceeding 
from too light atid too sudden an apprehension, 
that he delivered this Letter ; being ouly 
moved thereunto for demonstration of his 
ready devotion, and care for preservation of 
his majesty and the state. And thus did the 
earl of Salisbury presently acquaint the lord 
chambcrhun with the ^aid letter. Where- 
upon they two, in presence of the lord 
Monteagle, calling to mind the former intelli- 
gence already mentioned, which seemed to 
have some relation with this letter ; die tender 
enre which they ever carried to the preserva- 
tion of his majesty's person, made them ap- 
prehended, that some perilous attempt did 
thereby appear to be intended against the 
same, which did the more nearly concern the 
said lord chamberlain to have a care of, in re- 
gard that it doth belong to tlic charge of his 
omVc to oversee, as well all places of assembly 
wiiere his majesty is to repair, as his highness f 
own private houses. And therefore did the 
said two counsellors conclude, that they should 
join unto themselves three more* of the council, 
to wit, the lord admiral, the earls of Worcester 
and Northampton, to be also particularly ac- 
quainted with this accident, who having all of 
them concurred together to the re-examination 
of the contents of the said letter, they did con- 
clude, That, how slight a matter it might at 
the first appear to l>e, yet was it not absolutely 
lo be contemned, in respect of the rare which 
it behoved them to ha\e uf the preservation of 
his majesty's person: but, vet n solved for two 
reasons, first, to acquaint the I in^j himself with 
the same, before the* proceeded to any further 
inquisition in the matter, ns well for the expec- 
tation and experience they had of his majesty's 
fortunate judgment, in clearing and solving ob- 
scure riddles and doubtful mysteries; as also, 
because tire more tune would, in the mean 
tnne, be given for the practice to ripen, if any 
was, whereby the di-»covciv might he more 
clear and evident, and the ground of proceed- 
ing thereupon more safe, just, and easy. And 
so according to their determination did the 
said earl of Salisbury repair to the king in hit 
gallery upon Fiiday, bcinj; AlihallowVday, i* 



1 97} 



STATE TRIALS, 3 James I. \GOC}.—in the Gunpovdtr Plot. 



tins 



the afternoon, which was the day after his ma- 
jest v^ arrival, and none but hinisc If being pre- 
sent with his highness at that time, where, 
without any other speech, or judgment given of 
the Letter, hut only relating simply the fonn 
of the delivery thereof, he presented it to his 
majesty. The contents whereof follow : 

' Aly Lord ; Out of the love I bear to some 
1 of your friends, I liave a care of your preser- 
' ration : therefore I would advise you, :is you 
1 tender your life, to devise some excuse, to 

• >bil t off your attendance at this parliament. 
'For God and man have concurred to punish 
'the wickedness of this time. And think not 
1 slightly of this advertisement, but retire your- 
'self into your country, where you may ex- 
' pect the event in safety. For, though there 
' be no appearance of any stir, yet I say, they 
' shall receive a terrible blow tuis parliament, 
< and yet they shall not see who hurts them. 

• This counsel is not to be condemned, because 
' it may do you good, and can do you no harm, 
1 for the danger is past so soon as you have 
'burnt the Letter; and I hope God will gi\o 
' yon grace to make good use of it ; to whose 
'holy protection I commend you/ * 

Tiic king no sooner read the letter, but after 
a little pause, and then reading it once n^ain, 
lie delivered his judgment of it in such sort ( as 

* " Who IfTvas" observes Kennett, " that 
wrote this Letter to the Lord Montcuglc was ne- 
ver known, or how it came that king James sus- 
pected its meaning to be what,it really was, is 
in a great part a mystery to this day. Yet I 
cannot gi\e myself lea\e to doubt, hut king 
James had some light given him from Henry 
4th of the designs of the Papists against hiin; 
tor in the duke of Sully's Memoirs, there is 
more than once mention made of some ' sudden 
Blow' they intended in England about that 
time : and in one Letter, k i i i iz. James is desired 
to nice warning from the fate of Henry 3. 1 
uc the more confirmed in this opinion, that in 
the Harangue pronounced at Rome in praise 
*i Ravilliac the Assassin of Henry 4, which 
/its since been so often quoted by several au- 
thors, both Papist and Protestant, as an argu- 
ment that the Jesuits approved the murder: 
it is there said, ' That Henry 1, was not. only 
'an inveterate enemy to the Catholick religion 
' in hu> heart, but had obstructed the glorious 

• enterprizes of those that would have restored 
1 it in England, and occasioned them to he 
'crown'd with Martyrdom.' Now it's well 
known, Garnet and the re&t that were executed 
fcr the Guii-Powder-Plot, were reputed Mar- 
tyrs for the ("athoKck cause by the college of 
Jesuits ut Rome, where that Harangue was 
pronounced.*' Sec also Welwood. — It is now 
a common opinion that the above Letter to 
lord Mounfeagle was sent by his sister Mary 
the wife of Thomas Habington or Abingdon. 
Some particulars of this family and of their 
concern with the treasonable transactions in 
tbc reigns of Elizabeth and James 1st. are to be 
JimuJ ui Nash's History of Worcestei >hire. 



I 



he thought it was not to be contemned, for that 
the sti!e of it seemed to be more quick and 
)ithy, than is iiiuai to be in any pasquil or li- 
>el, the superfluities of idle brains. But the . 
earl of Salisbury, perceiving the king to appre- 
hend it deeplier than he looked for, knowing 
his nature, told him, that lie thought, by one 
sentence in it, that it was like to be written by 
some fool, or madman, reading to him this sen- 
tence in it : ' For the danger is past, as soon as 
you have burnt the letter ;' which, he said, 
was likely to be the saying of a fool ; for, if 
the danger was past, so soon as the letter was 
burnt, then the warning behoved to be of little 
avail, when the burning of the letter might . 
make the danger to be eschewed. But the 
king, on the contrary, considering the former . 
sentence in the letter, 4 That they should re- 
ceive a terrible blow at this parliament, 1 and 
yet should not see who hurt them, joining it to 
the sentence immediately following, already . 
nlledged, did thereupon conjecture, that the 
danger mentioned should be some sudden dan- 
ger by blowing up of powder ; for no other in- 
surrection, rebellion, or wlintsoever other pri- 
vate and desperate attempt could be commit- . 
ted, or attempted, in time of parliament, and 
the authors thereof unseen, except only if it 
were by a blowing up of powder, which might 
be performed by one base knave in a dark 
4 corner : Whereupon he was moved to interpret 
and construe the latter sentence iu the letter, 
alltdged b) the earl of Salisbury, against all or- 
dinary sense and construction in grammar, as 
if by these words, ' For the danger is past, as 
soon as you have burnt the letter ;' should he 
closely understood the suddenness and quick- 
ness of the danger, which should be as quickly 
performed and at an end, as that paper should 
be a blazing up in the lire ; turning that word 
of * as soon' to the sense of ' as quickly ;* and 
therefore wished, that, before his going to the 
parliament, the under-rooms of the parliament- 
house might be well and narrowly searched. 
But, the earl of Salisbury wondering at this his 
majesty's commentary, which he knew to be so 
far contrary to his ordinary and natural dispo- 
sition, who did rather ever sin upon the otner 
side, in not apprehending, nor trusting due ad- 
vertisements of pructices aud perils, when he 
was truly informed of them, whereby he had 
many times drawn himself into many desperate 
dangers; and interpreting rightly this extraor- 
dinary caution at this time to proceed from the 
vigilant care he had of the whole state,. more 
than of his own person, which could not but 
have all perished together, if this desiimment 
had succeeded, he thought good to dissemble 
still unto the king, that there had been any just 
cause of such apprehension ; and, ending the 
purpose with some merry jest upon this sub- 
ject, as his custom is, took bis leave for that 
time. But, though lie seemed so to neglect it 
lo his majesty, yet, his customable and watch- 
ful care of the khi£ and the stale still boiling 
within him, and having, with the blessed virgin 
Mary, laid up in his heart the king's so strung* 



199] STATE TRIALS, 3 James I. 1606.— The Trials qfthc Conspirators [200 



judgment and construction of it, he could not 
lie at rear, till he acquainted the foresaid lords 
what had parsed between the king and him iu 
private. Whereupon they were nil so earnest 
to renew again the memory of the same pur- 
pose to his majesty, that it was agreed, that he 
should the next day, being Saturday, repair to 
hi* highness; which he did in the same pi ivy 
gallery, uud renewed the memory thereof, the 
lord chamberlain then being present with the 
king. At which time it was determined. Thar 
the said lord chain bei lain should, according to 
his custom and office, view all the parliament- 
hou-cs, both above and LeloW, and consider 
whut likelihood or appearance of any such 
danger might possibly be gathered by the sight 
of them : But yet, as well for btaying oF idle 
rumours, as for being the more able to discern 
any mystery, the nearer that things were in 
readiness, his journey t hither was ordained to 
be deferred till the afternoon before the sitting 
down of the parliament, which was upon the 
Monday following. At which time he (accord- 
ing to this conclusion) went to the parliament- 
house, accompanied with my lord Montcagle, 
being, in zeal to the king's service, earnest and 
curiou* to see the event of that accident, 
whereof he had the fortune to be the first dis- 
coverer ; where, having viewed all the lower 
rooms, he found, in the vault, under the upper 
house, great store and provisiou of billets, fag- 
cots, and coals; and, inquiring of Whyneard, 
keeper of the wardrobe, To what usehe had 

{>ut those lower rooms and cellais? lie told 
liin, That Thomas Percy had hired both the 
house, and part of the cellar, or vault, under 
the same ; and that the wood and coal therein 
were the said gentleman's own provision. 
Whereupon, the lord chamberlain, casting his 
eye aside, perceived a fellow standing in a 
comer there, calling himself the said Percy's 
man, and keeper of that house for him, but in- 
deed wa* Ouido Fuwke*, the owner of that hand, 
which should have acted that monstrous tragedy. 
The lord chamberlain, looking upon all 
things with a heedful indeed, yet, in outward 
appearance, with but a careless and racklcss 
eye, as became so wise an 1 diligent a minister, 
ho presently addressed himsi-lf to the king in 
the said privy gallery ; where, in the presence 
of the lord treasurer, the lord admiral, the earls 
of Worcester, Northampton, and Salisbury, ho 
made his report what he had seen and observed 
there; noting, that Montcagle had told him. 
That he no *oo:h.t heard Thomas Percy named 
to be the po**i:^-ir of that hou-c, but, consi- 
derinir both his bacJ.wardncss in religion, and 
th«'oId dc:.riie.'.f in friendship between himself 
and the v»id Percy, he did t: really suspict the 
matter, joi \ th-.-t'the htt.-r >hmfd come from 
him. The said l.ird chamberlain also told, 
That l:e did not wonder a little at the extraor- 
dinary great provision of wood ;:nd coal in that 
IiuUmC, where Thotnai Percy had so seldom oc- 
<: isiou to renin in ; as likewise it gave him in 
his mind, th:tt his man looked like a tcrv tall 
and dcr-i'crau tVIIvw. 



This could not but increase the king's former 
apprehension and jealousy ; whereupon, he in- 
sisted, as before, That the house was narrowly 
to he searched, and that those billets and coals 
should be searched to the bottom, it being 
most suspicious, that they were laid there only 
for covering of the pov. der. Of this same mind 
also were all the counsellors then present ; but 
upon tl>e fashion of making of the search was 
it long debated : For, upon the one side, they 
were all so jealons of the king's safety, that 
they all agreed, That there could not be too 
much caution used for preventing his danger; 
and yet, upon the other parr, they were all ex- 
treme loth and dainty, that, iu case this letter 
should prove to be nothing but the evapora- 
tion of an idle brain, then a curious search 
bemg made, and noihing found, should not 
only uini to the (general scandal of the king 
and the state, as being so suspicious of every 
light and frivolous toy, hut likewise lav an ill- 
favoured imputation upon the carl of Nor- 
thumberland, one of his majesrv's greatest sub- 
jects and counsellors, this Thomas Percy being 
his kinsman and most confident familiar. Ami 
the rather were they curious upon this point, 
knowing how far the king detested to be thought 
suspicious or jealous of any of his good subjects, 
though of the meanest decree ; and therefore, 
though they all agreed upon the main ground, 
which was to provide for the security of the 
king's person, yet did they much riilfer in the 
circumstances, by which this action might be 
best carried with least din and occasion of 
slander. But, the king himself still persisting, 
that there were dhers shrewd appearances, and 
that a narrow search of those places could pre* 
judge no man that was innocent, he at last 
plainly resolved them', That either must all the 
parts of those rooms be narrowly searched, and 
no possibility of danger left unexamined, or else 
he and they all must resolve not to meddle in it at 
all, hut plainly to go the next day to the parlia- 
ment, and leave the success to fortune; which, 
he believed, they would be loth to take upon 
their conscience ; for, in such a case as this, 
an half-doing was worse than no doing at all. 
Whereupon it was at last concluded, That 
nothing should be left unsearchc.d in those 
houses ; and yet, for the better colour and stay 
of rumour, in case nothing were found, it was 
thought meet, that, upon a pretence of Why 
neard's missing some of the kind's stuff, or 
hangings, which he hud in keeping, all tho*e 
rooms should he narrowly ripped for them. 
And, to this purpose, was sir Thomas Kncvet, 
(a gentleman of his majesty's privy-chamber) 
employed, being a just ire of peace in West- 
minster, and <.i:e, of whose ancient fidelity 
both the h:te queen ami our now sovereign 
have had large proof; who, according to the 
trust committed unto him, went, about the 
midnight next after, to the parliament -house, 
accompanied with such a small number as 
was Jit for that errand: but, before his entry 
in the house finding Thomas 1'ercy's alledued 
man standing without the door*, his clothes and 



201] 



STATE TRIALS, 3 James L 1C06— in tJie Gunpowder Plot. 



[202 



boots on, at so dead a time of the night, he 
resolved to apprehend him; as he did, and 
thereafter went forward to the searching of the 
house, where, after he had caused to be over- 
turned some of the billets and coals, he iirst 
found one of the small barrels of powder, and 
afterwards all the rest, to the number of 36 
barrels, great and small ; and thereafter, 
searching the fellow, whom he had taken, 
found three matches, and all other insti uments 
fit for blowing up the powder, ready upon him ; 
vtuch made him instantly confess his own guil- 
tless; declaring also unto him, That, if he 
fed happened to be within the house, when j 
ie took him, as he was immediately before (at 
the ending of his work) he would not have 
toiled to have blown him up, house and all. 

Thus, after sir Thomas had caused the 
wretch to be surely hound, and well guarded 
bjr the company he had brought with him, he 
himself returned back to the king's palace, 
and gave warning of his success to the lord 
Chamberlain, and earl of Salisbury, who imme- 
diately warning the rest of the council, that lay 
is the I »o use ; as soon as they could get them- 
selves ready, came, with their fellow counsel- 
lor*, to the king's bed-chamber, being, at that 
time, near four of the clock in the morning. 
And at the first entry of the king's chamher- 
do-jr, the lord chamberlain, being not any 
longer able to conceal bis joy for the prevent- 
ion of so great a danger, told the king, in a 
confused haste, that all was found and disco- 
vered, and the traitor in hands and fast bound. 

Then, order being first taken for sending for 
the rest of the council that lay in the town, 
the prisoner himself was brought into the house, 
•here, in respect of the strangeness of the acci- 
dent, do man was stayed from the sight, or 
speaking with him. And, within a uhilc,after, 
the council did examine him ; who, seeming to 
pot on a Horn an resolution, did, both to the 
(uuicil, and to every other person that spoke 
*ith him that day, appear so constant and set- 
tal upon his grounds, as we all thought we 
fed found some new Mutius Scaivola born in 
kctand. For, notwithstanding the horror of 
delict, tin* guilt of his conscience, his sudden 
mrprizing, the terror which should have been 
ttark in him, by coming into the presence of 
* grave a council, and the restless and con- 
futd questions, that every man, all that day, 
H v» him with ; yet wa.s his countenance so 
&rfroin l»eing dejected, as he often smiled in 
^vmful manner, not only avowing the fact, 
Bf:t repenting only, with the said Scaevulu, his 
failing jn the execution thereof, whereof, he 
*-*l f the devil, and not God, was the disco- 
■trer ; answering 'quickly to every man's ol»- 
.fiion, *rottiii£ at any idle questions which 
•ere propounded unto him, and jesting with 
"vrh a> lit.' thought had no authority to examine 
bra. All chat day could the council get no- 
"tf^ out of him, touching his accomplices, 
rttuMUg to answer to any such questions, 
vlirh he thought might discover the plot, and 
ii;..n^ all the blame upon himself; w hereunto, 



he said, he was moved, only for religion and 
conscience sake, denying the king to be his law- 
ful sovereign, or the Anointed of God, in 
respect he was an hcrctick, and giving himself 
no other name, than John Johnson, servant to 
Thomas Percy. But, the next morning, being 
carried to the Tower, he did not there remain 
above two or three days, being twice or thrice, 
in that space, re-examined, and the rack only 
offered and shewed unto him, when the mask 
of hi* Roman fortitude did visibly begin to 
wear and slide off his face ; and then did he 
begin to confess part of the truth, and, there- 
after, to open the whole matter, as doth appear, 
by his Depositions immediately following. 

The true Copy of the Deposition of Guido 
Fa wees, taken in the Presence of the Coun- 
sellors, whose names are underwritten. 

" I confess, that a practice, in general, was 
first broken unto me, against his majesty, for 
relief of the Catholick cause, and not invented 
or propounded by myself. And this was first 
propounded unto me about Easter last was 
twelve-month, beyond the seas, in the Low- 
Countries, of the archduke's obeisance, by 
Thomas Winter, who came, thereupon, with 
me into England, and there we imparted our 
purpose to three other gentlemen more, namely, 
Robert Catesby, Thomas Percy, and John 
Wright, who, all five, consulting together, of 
the means how to execute the same ; and tak- 
ing a vow, among ourselves, for secrecy, 
Catesby propounded to have it performed by 
gunpowder, and by making a mine under the 
upper house of parliament; which place we 
made choice of, the rather, because, religion 
have been unjustly suppressed there, it waa 
fittest that justice and punishment should be 
executed there. — This being resolved amongst 
us, Thomas Percy hired an house at Westmin- 
ster for that pui pose, near adjoining to the par- 
liament-house, and there we began to make 
our mine, about the 11th of December, 1001. 
— The five, that first entered into the work, 
were Thomas Percy, Robert Catesby, Thomas 
Winter, John Wright, and myseif, and, socn 
after, we took another unto u>, Chiistopher 
Wright, having sworn him aho, and taken 
the Sacrament for secrecy. — When we caine 
to the very foundation of the wall of the house, 
which was about three yards thick, and found 
it a matter of great duiiculty, we took unto us 
another gentleman, Robeit Winter, in like 
manner, with the Oath and Sacrament as 
aforesaid. — It was about Christmas, when we 
brought our mine unto the wall, and, about 
Candlemas, wc had wrought the wall half 
through: and, whilst they were iu \ diking, I 
stood as sentinel, to descry any man that came 
near, whereof I gaic them warning, and so they 
ceased, until I gave notice again to proceed. — 
All we Seven lay in the house, and hud shot 
and powder, being rc-ohed to die in thatpldce, 
before we should yield or be taken. — As they 
were working upon the wall, they heard a 
rushing in a cellar, of removing of coals; 



103] STATE TRIALS, 3 J amei I. 1606.— TIic Trials of the Conspirators [204 



whereupon we feared we had been discovered ; 
and they sent me to go to the cellar, who find- 
ing that the coals were a selling, and that the 
cellar wns to be let, viewing the commodity 
thereof for our purpose, Percy went and hired 
the same for yearly rent. — We had, before this, 
provided and brought into the house 20 barrels 
of powder, which we removed into the cellar, 
and covered the same witl^ billets and faggots, 
which were provided tor that purpose. — About 
Easter, the parliament being prorogued till 
October next, we dispersed ourselves, and I re- 
tired into the Low-Countries, by advice and 
direction of the rest; as well to ucouuint Owen 
with the particulars of the plot, as also, lest, 
by my longer stay, I might have grown suspi- 
cious, and so have come in question. — In the 
mean time, Percy, having the key of the cellar, 
laid in more powder and wood into it. I re- 
turned, about the beginning of September next, 
and, then, receiving the key again of Percy, 
we brought in more powder, and billets to 
cover the same again, and so I went, for a time, 
into the country, till the 30th of October. — It 
was further resolved amongst us, that the same 
day, that this act should have been performed, 
tome other of our confederates should have sur- 
prised the person of the lady Elizabeth, the 
king's eldest daughter, who was kept in War- 
wickshire, at* the lord Harrington's hou'-e, and 
presently have proclaimed her queen, having a 
project of a proclamation ready for that pur- 
pose ; wherein we made no mention of altering 
religion, nor would have avowed the deed to be 
ours, until we should have had power enough to 
make our party good, and then we would have 
avowed both. — Concerning duke Charles, the 
king's second son, we had sundry consultations, 
how to seize on his person : but, because we 



to obtain pardon ; for, speaking of my tempo- 
ral part, I may say, the fault is greater than 
can be forgiven ; nor affecting hereby the title 
of a good subject; for I must redeem my coun- 
try from as great a danger, as I liuve hazarded 
the bringing of her into, before I can purchase- 
any such opinion ; only at your honours com- 
mand I will briefly set down my own accusa- 
tion, and how far I have proceeded in this bu- 
siness: which I shall the faithfuller do, since I 
see such courses are not pleasing to Almighty 
God, and that ail, or the most material parts, 
have been already confessed. 

I remained with my brother in the country 
from Alihallow's-tide, until the beginning of 
Lent, in the -year of our Lord 160 J, the first, 
year of the king's reign ; about which time Mr. 
Cutesby sent thither, iutreating me to come to 
London, where he, and other my friends, would 
he glad to see me. I desired hiin to excuse 
me ; for I found myself not very well disposed ; 
and, which had happened never to mc before, 
returned the messenger without my company. . 
Shortly I received another letter, in any wise to 
come. At the second summons, I presently 
came up, and found him with Mr. John Wright, 
at Lambeth, where he broke with me, how ne- 
cessary it was not to forsake our country, for he 
knew' I had then a resolution to go over, but 
to deliver her from the servitude in which she 
remained, or at least to assist her with our ut- 
termost endeavours. I answered, that I bad 
often hazarded my life upon far lighter terms, 
and now would not refuse any good occasion, 
wherein I might do service to the Catholic 
cause ; but for myself, I knew no mean pro- 
bable to succeed. He said that he had be- 
thought him of a way at one instant to deliver 
us from all our bonds, and without any foreign 



found no means how to compass it, the duke ' help to replant again the Catholic religion; aud 



being kept near London, where we. had not 
f >rcc enough, we resolved 'to serve our turn 
with the lady Elizabeth." 

The Names of other principal persons, that 
were made privy afterward* to this horrible 
conspiracy. — Evcrard Dighy, knt. Ambrose 
UooKwood, Francis Tresham, John Grant, Ro- 
bert Key is. 

Commissioners ; Nottingham, Suffolk, Wor- 
cester, Devonshire, Northampton, Salisbury, 
Marre, Dunbarr, Popham. — Edward Coke, W. 
Waad. 

And in regard, that, before this discourse 
could be ready to go to the press, Thomas Win- 
ter, being apprehended, and brought to the 
Tower, made a Confession, in substance agree- 
ing with this former of Fawkes, only larger in 



withal told me in a word, it was to blow up the 
Parliament-house with gunpowder; for said he, 
in that place have they done us all the mischief, 
and perchance God hath designed that place 
for their punishment. I wondered at the 
strangeness of tiie conceit, and told him that 
true it was, this struck at the root, and would 
breed a confusion fit to beget new alterations ; 
but if it should not take effect, as mn.it of this 
nature miscarried, the scandal would be so great, 
which the Catholic religion might hereby sus- 
tain, as not only our enemies, but our friends 
also would with good reason condemn us. lie 
told mc, the nature of the disease required so 
sharp a remedy, and asked mc if I wuuld give 
my consent. I told him Yc9, in this or what 
else soever, if he resolved upon it, I would Ven- 



souie circumstances : I have thought &>od to ' tare my life. But 1 proposed many difficulties, 
insert the same likewise in this place, for the ; as want of an house, and of one to carry the 
further clearing of tin* matter, and greater bene- ' mine, noise in the working, and such like. His 



fit of the reader. 

Thomas Winter's Coxfhssion, taken the 
23rd of November 1605. in the presence 
of the Counsellors, whose names are under-' 
written, 

u My most honourable lords; Not out of hope 



I answer was, Let us give an attempt, and where 
| it faileth, pass no further. But fu^t, quoth he, 
because w e will leave no peaceable aud quiet 
way untried, you shall go over aud inform the 
Constable of the state of the Catholics here in 
England,, iff treating him to solicit his majesty, 
at liis coming hither, that the penal laws ma/ 



203] 



STATE TRIALS, 3 James I. 1606 — in the Gunpowder Plot. 



[200 



be recalled, and we admitted into the rank of 
his other subjects ; withal, you may bring over 
some confident gentleman, such as you shall 
understand best able for this business, and 
named unto me Mr. Fawkes. Shortly after, I 
passed the sea, and found the Constable at Ber- 

r k n neur Dunkirk, where, by help of Mr. Owen, 
delivered my message; whose answer was 
that he had strict command from his master, to 
do all good offices for the Catholics, and for 
his own part, he thought himself bound in con* 
science so to do, and that no good occasion 
ikmld be omitted, but spoke to him nothing of 
ibis matter. 

Returning to Dunkirk with Mr. Owen, 
we had speech, whether he thought the Con- 
stable would faithfully help us, or no. He said 
he believed nothing less, and tliat they sought 
only their own ends, holding small account of 
Catholics. I told him that there were many 
gentlemen in England, who would not forsake 
their country, until they had tried the uttermost, 
tod rather venture their lives, than forsake her 
in this misery. And to add one more to our 
lumber, as a lit man both for counsel and exe- 
cution of whatsoever we should resolve, wished 
for Mr. Fawkes, whom I had heard good com- 
mendations of; he told me the gentleman de- 
served no less, but was at Brussels, and that, if 
he came not, as happily he might, before my 
departure, he would send him shortly after into 
England. I went soon after to Osteod, where 
sir William Stanley, as then, was not, hut enme 
two days after. I remained with him three or 
four days, in which time I asked him, if the 
Catholics in England should do any thing to help 
tbtroelves, whether he thought the archduke 
*ou!d second them ? lie answered, No, for all 
those parts were so desirous of peace with Fng- 
Uad, as they would endure no speech of other 
enterprise ; neither were it fit, said he, to set 
tot project n-foot, now the peace is upon con- 
dtding. I told him there was no such resolu- 
tion, and so fell to discourse of other matters, 
*tiH I came to speak of Mr. Fawkes, whose 
fmpany I wished over into England ; I asked 
rf t» sufficiency in the wars, and told him we 
«Vxjtd need such as he, if occasion required ; 
he gave very good commendations of him. And 
ii«$ were thus discoursing, and ready to de- 
part for Newport, and taking my leave of sir 
William, Mr. Fawkes came into our company, 
•ewlv returned, and saluted us. This is the 
Gentleman, said sir William, that you wished 
for, and so we embraced again. I told him, 
•ome good friends of his wished his company in 
England, and that, if he pleaded to come to 
Dank irk, we would have further conference, 
whither I was then going : so taking my leave 
•f them both, I departed. About two days after 
enme Mr. Fawkes to Dunkirk, where 1 told 
hnn that we were upon a resolution to do some- 
what in England, if the peace with Spain helped 
ti not, but as yet resolved upon nothing; such 
or the like talk we passed at Graveling, where 
I lay for a wind, and when it sorted came both 
» one passage to Greenwich, near which place 



we took a pair of oars, and so came up to Lon- 
don, and came to Mr. Catesby, whom we found 
in his lodging; he welcomed us into England, 
and asked me what news from the Constable. 
I told him, Good words, but I feared the deeds 
would not answer. This was the beginning of 
Easter term ; and about the midst of the same 
term, whether sent for by Mr. Catesby, or upon 
some business of his own, up came Mr. Thomas 
Percy. The first word he spoke, after he came 
into our company, was, Shall we always, gen- 
tlemen, talk, and never do any tiling? Mr. Ca- 
tesby took him aside, and had speech about 
somewhat to be done, so as first we might all 
take an oath of secrecy, which we resolved within 
two or three days to do ; so as there we met 
behind St. Clement's, Mr. Catesby, Mr. Percy, 
Mr. Wright, Mr. Guy Fawkes, and myself; and 
having upon a Primer given each other the oath 
of secrecy, in a chamber where no other body 
was, we went after into the next room and 
heard mass, and received the blessed sacrament 
upon the same. Then did Mr. Catesby disclose 
to Mr. Percy, and I, together with Jack Wright, 
tell to Mr. Fawkes, the business for which we 
took this oath, which they both approved. 
And then was Mr. Percy sent to take the house 
which Mr. Catesby in my absence had learned 
did belong to one Ferris, which with some diffi- 
culty, in the end, he obtained, and became, as 
Ferris before was, tenant to Whinniard. Mr. 
Fawkes underwent the name of Mr. Percy's* 
man, calling himself Johnson, because his face 
was the most unknown, and received the keys 
of the house, until we heard the parliament 
was adjourned to the 7th of February. At 
which time, we all dqiarted several ways into 
the country to meet again at the beginning of 
Michaelmas term. Before this time also, it 
was thought convenient to have a house that 
might answer to Mr. Percy's, where we might; 
make provision of powder and wood for the 
mine, which being there made ready, should in 
a night be conveyed by boat to the house by 
the parliament, because we were loth to foil 
that with often going in and out. There was 
none that we could devise so tit as Lambeth, 
where Mr. Catesby often lay ; and, to be keeper 
thereof, by Mr. Catesby's choice, we received 
into the number Keys, as a trusty honest mao ; 
this was about a month beforo Mic-hut-lmas. 

Some fortnight after towards the beginning 
of the term, Mr. Fawkes and I came to Mr. 
Catesby at Morcrofts, where we agreed that 
now was time to begin and set things in order 
for the mine. So as Mr. Fawkes went to Lon- 
don, and the next day sent for me to come 
over to him ; when I came, the cause was, for 
that the Scottish lords were appointed to sit in 
conference of the union in Mr. Percy's house. 
This hindered our beginning until a fortnight 
before Christmas, by which time both Mr. 
Percy and Mr. Wright were come to London, 
and we, against their coining, hud provided a 
good part of the powder; so as we all live en- 
tered with tools ht to begin our work, having 
provided ourselves of baked-meats, the lest W 



207] STATE TRIALS, 3 James I. 1606.'— -7fe Triah of the Conspirators [20$ 



need sending abroad. We entered late in the 
nighr y and we never saw, save only Mr. Percy's 
man, until Christmas-Eve. In which time we 
wrought uuder a little entry to the wall of the 
parliament-house, and underpropped it, as we 
went, with wood. 

Whilst we were together we began to fashion 
our business, and discoursed what we should do 
after this deed was done. The first question 
was, how we might surprise the next heir ; the 
prince haply would be at the parliament with 
the king hi* father, how should we then be able 
to seize on the duke ? This burthen Mr. Percy 
undertook, that by his acquaintance, he, with 
another gentleman, would enter die chamber 
without suspicion, and having some dozen 
others at several doors to expect his coming, 
and two ' or three on horseback at the court- 
gate to receive him, he would undertake (the 
blow being given, until which, he would attend 
in the duke's chamber) to carry him safe awav; 
for he supposed most of the court would ue 
absent, ami such as were there not suspecting, 
or unprovided for any such matter. For the 
lady Elizabeth, it were easy to surprise her in 
the country, by drawing friends together at an 
hunting, near the lord Harrington's, and Ashby, 
Mr. Catesby's house, being uot far otF, was a 
fit place for preparation. — The next was for 
money and horses, which if we could provide 



tlurd time, opportunity was given to hire the 
cellar in which we resolved to lay the powder 
and leave the mine. 

Now, by reason that the charge of maintain- 
ing us all so long together, besides the number 
of several houses, which, for several uses, had 
been hired, and buying of powder, &c. had 
lain heavy on Mr. Catesby alone to support, it 
was necessary for him to call in some others to 
ease his charge ; and to that end desired leave, 
that he, with Mr. Percy, and a tlurd, whom 
they should call, might acquaint whom they 
thought tit and willing to the business; for 
many, said ho, may be content that I should 
know, who would not therefore that all the 
company should be acquainted with their 
names : to this we all agreed. — After this, 
master Fawkes laid into the cellar (which he 
had newly taken) a thousand billets, and five 
hundred faggots, and with that covered the 
powder, because we wight have the house free, 
to suffer any one to enter that would. Mr. 
Catesby wished us to consider, whether it were 
not now necessary to send Mr. Fawkes over, 
both to absent himself for a time, as also to 
acquaint sir William Stanley and Mr. Owen 
with this matter. We agreed that he should 
(provided that he gave it them with the same 
oath that we had taken before) viz. To keep 
it secret from all the world. The reason, why 



in any reasonable measure, having the heir ap- we dcsircM sir William Stanley should be ap- 
parent, and the first knowledge by four or five ! qua in ted herewith, was, to have him with us 
days, was odds sufficient. — Then what lords we j as soon as he could : and for Mr. Owen, lie 
should save from the parliament, which was ' might hold good correspondency after, with fo* 
first agreed in general, as many as we could ' reign princes. So Mr. Fawkes departed about 
that were catholicks, or so- di -posed : but after I Easter for Flanders, and returned, the latter 
we descended to speak of particulars. — Next, j end of August. He told me, that, wheu he 
what foreign princes we should acquaint with arrived at Brussels, sir William Stanley was not 



this before, or join with after. For this point 
■we agreed, that first we could not enjoin 
princes to that secrecy, nor oblige them by 
oath, so to be secure of their promise; besides, 
we knew not whether they will approve the 
project, or dislike it. And. if they do allow 
thereof, to prepare before might beget suspi- 
cion ; and, n>t to provide until the business 
were acted, the sauie letter that carried news 
of the thing done, might as well intreat their 
help and furtherance. Spain is too slow iu 
his preparations, to hope any good from in the 
first extremities, and liance too near and too 
dangerous, who with the shipping of Holland, 
we feared ot' all the world, might make away 
with us. 

But while we were in the middle of these 
discourses, we heard that the parliament should 

m i • • • i i * it «  t 1 



returned from Spain, so as he uttered the mat- 
ter only to Owen, who seemed well pleased 
with the business, but told him, that surely sir 
Willi.im would not be acquainted with any 
plot, a* having business now a fool in the court 
of Kngland ; but he himself would be always 
ready to tell it him, and send him away as 
soon as it were done. 

About this time did Mr. Percy and Mr. Ca- 
tesby meet at the Bath, where they agreed, that, 
the company being yet but few, Mr. Catesby 
should nave the others authority to call in, 
whom he thought best ; by which authority he 
called in after sir Kverurd Digby, though at 
what time I know not, mid last of all roaster 
Franci** Treslnun. The first promised, as I 
heard Mr. Catesby say, fifteen hundred pounds; 
J the second two thousand pounds; Mr. Percy 



be anew adjourned until alter Michaelmas;! himself promised all he could get out of the 



upou which tiding-;, we broke olf both, discourse 
and working until after Christinas. About 
Candlemas, we brought over in a bout the 
powder which we hid provided at Lambeth, 
am} laid it in Mr. Percy'* house, because we 
were willing" to have all danger in one place. — 
We wrought also another fortnight in the mine 
against the stone wall which was very hard to 
beat through ; at which time we called in Kit 
Wright, and near to Easter, as wo wrought the 



earl of Northumberland's rents, which warn, 
about four thousand pounds, anil to provide 
many gullopniitg horses, to the number of ten. 
— Me;m while Mr. Fawkes, and myself alone, 
bought some new- powder, as suspectiug the> 
first to be dank, and conveyed it into the 
cellar, and set it in order, as we resolved it 
should stand. Then was the parliament a-new 
prorogued until the fifth of November, so as 
we all went dowu until some ten days before. 



209] 



STATE TRIALS, 3 James I. [60G.~ in the Gunpowder Plot. 



[210 



when Mr. Catesby came up with Mr. Fawkes 
to an house by Enfield- Ch ace, called White- 
Webbes, whither I came to tliem, and Mr. Ca- 
tesby wiUed me to enquire, whether the young 
prince came to the parliament. I told him, j 
that I heard that his grace thought not to be l 
there. Then must we have our horses, said j 
Mr. Catesby, beyond the water, and provision i 
of more company to surprise the prince, and 
leave the duke alone. — Two days after, being 
Sunday at ni^hr, in came one to my chamber, 
and told me, that a letter had been given tcv 
my lord Monteagle, to this effect : that he 
wished his lordship's absence from the parlia- 
ment, because a blow would there be given. 
Winch letter lie presently carried to my lord 
of Salisbury. — On the morrow I went to White- 
Webbes, nnd tuld it Mf. Catesby, assuring 
ban wkhal, that the matter was disclosed ; 
and wishing him in any case to forsake his 
country. lie told me, he would see further as 
yet, and resolved to send Mr. Fawkes to try 
the uttermost, protesting, if the part belonged 
to himself, he would try the same adventure. 
•—On Wednesday master Fawkes went, and 
returned at night, of which we were very glad*, 
—Thursday I came to London, and Friday 
master Catesby, master Tresham, and I met at 
Barnet, where we questioned how this letter 
should be sent to my lord Monteagle, but could 
not conceive, for master Tresham forswore it, 
whom we only suspected. — On Saturday night 
I met Mr. Tresham again in Uncotn's-Inn 
walks ; wherein he told Mich speeches, that my 
lord of Salisbury should use to the king, as I 
pve it lost the second time, and repeated the 
same to Mr. Catesby, who hereupon was re- 
solved to be gone, but staid to have master 
Percy come up, whose consent herein we 
wanted. On Sunday Mr. Percy, being dealt 
with to that end, would needs abide the utter- 
most trial. 

The suspicion of all bauds put us into such 
confusion, as master Catesby resolved to go 
down into the country, the Monday that mas- 
Mr Percy went to Sion, and master Percy re- 
tailed to follow tlie same night, or earlv the 
text morning. About five of the clock, ocing 
Tuesday, came the younger Wright to my 
dumber, and told me, of a nobleman, called 
the lord Monteagle, saying, Arise, and come 
•long to Essex house, for I am going to call up 
By lord of Northumberland ; saying withal, 
the matter is discovered. Go back, master 
Wright, quoth I, and learn what you can about 
Essex eate. Shortly he returned, nnd said, 
Surely all is lost ; for Jjepton is got on horse- 
back at Essex door, and, as he parted, he ask- 
ed, if their lordships would have any more with 
him ; and being answered, No, is rode fast up 
Fleet-street us he can ride. Go yon then, 
quoth 1, to Mr. Percy, for sure it is for him 
they seek, and bid him he gone, I will sruy and 
see' the uttermost. Then I went to tlie court- ' 
gate*, and found them btraightly guarded, so as I 
bo body could enter. From thence I went ! 
down towards the parliament-bouse, and, in 

VOL. II. 



the middle of King-street, found tie guard 
standing, that would not let me pass. And, 
as I returned, 1 heard one say, There is a 
treason discovered, in which the king and the 
lords should have been blown up. So then I 
was fully satisfied that all was known, 'and 
went to the stable, where my griding stood, and 
rode into the country. Mr. Ctitrshy had ap- 
pointed our meeting at Dunchurch, but I could 
not overtake them until 1 came to my brother's, 
which was Wednesday night. On Thursday 
we took the armour at inv lord Windsor's, and 
went that night to one Stephen Littleton's 
house, where the next day', being Friday, us I 
was early abroad to discover, my man came to 
me, and said, that an heavy mischance had se- 
vered all the company, for that Mr. Catesby, 
Mr. I took wood, and Mr. Grant were burnt 
with gunpowder, upon winch sight the rest dis- 
persed. Master Littleton wished me to fly, 
and so would he. I told him, I would first 
see the body of my friend, and bury hiir, 
whatsoever befel inc. When I came, i found 
Mr. Catesby reasonable well, master i'ciiy, 
both the Wright", Mr. ltookwood, and master 
Grant. I asked them what they resolved to do. 
They answered, We mean here lo die. 1 said 
again, J would take such part as they did. 
Alx)ut eleven of the clock came the company 
to beset the house, and, as I walked into the 
court, i was shot into the shoulder, which lost 
me the use of my arm ; the next shot was the 
elder Wright struck dead ; alter him the 
younger Mr. Wright ; and fourthly, Ambrose 
Rook wood. Then siid Mr. Catesby to me, 
(standing before the door they were to enter) 
Stand by ine, Tom, and we will die together. 
Sir, quoth 1, 1 have lost the use oi my right 
arm, and I fear that will (muse me to be takeiu 
So, as we stood close together, Mr. Cate^y, 
Mr. Percy, and myself, they two were >l»ot, as 
far as I could guess, with oue bullet, and then 
the company entered upon me, hint mc in the 
belly with a pike, and gave me other wound*, 
until one came behind, and caught hold of 
both my arms. And so I remain, Yours, &c." 

Commissioners; Nottingham, Suffolk, Wor- 
cester, Devonshire, Northampton, Salisbury, 
Marr, Dunbar, Pop ham. — Edw. Coke. W. 
Waad. 

The Names of those that were first in tike 
treason, and laboured in the mine ; Robert 
Catesby, Robert Winter, esqrs. Thomas 
Percy, Thomas Winter, John Wright, Christo- 
pher Wright, Guido Fuwkes, gentlemeu. And 
Bates, Catesby's man. 

Those that were made acquainted with it, 
though not personally labouring in the mine, 
nor in the cellar ; Event rd Diebv, km. Am- 
brose Rook wood, Francis Tresham, esnxs. 
John Gnuint, gent. Robert Kevos. 

Rut here let us leave* Fawkes in a lodging fit 
for such a guest, and taking time to advise 
upon hi* conscience, and turn ourselves to that 
part of the history, which concerns the fortune 
of the rest of their partakers in that abomina- 
ble treason. The iiev\s was no sooner spread 



ill] STATE TRIADS, S James I. loofi.— The Trials of the Conspirators [212 

but far more, in faith or justness of quarrel.— 
And so, nrter that this Catholick troop bad 
wandered a while through Warwickshire to 
Worcestershire, and from thence to the edge 
and bordei s of Staffordshire, this gallantly armed 
bund had not the honour, at the last, to ne beat- 
en with a king's lieutenant, or extraordinary 
commissioner, sent down tor the purpose, but 
only by the ordinary sheriff of Worcestershire 
were they all beaten, killed, taken, and dispersed. 
Wherein ye have to note this following circum- 
stance so admirable, and so lively displaying the 
greatness of God's justice, as it could not be 
concealed, without betraying, in a manner,, the 
glory due to the Almighty for the same. —Al- 
though divers of the king's Proclamations were 
posted down after these traitors with all the 
speed possible, declaring the odiousness of that 
bloody attempt, the necessity to have had Percy 
preserved alive, if it had been possible, and the 
assembly together of that rightly damned crew, 
now no more darkened conspirators, hut open 
and avowed rebels; yet the far distance of the 
wa y,which was above an hum lred miles, together 
with the extreme deepness thereof, joined also 
with the shortness ol the day, was the cuuse 
that the hearty and loving affections x>f the 
king's good subjects, in those parts, prevented 
the speed of his proclamations. • For, upon the 
third day after the flying down of these rebeb, 
which was upon the Friday next after the dis- 
covery of their Plot, they were most them all 
surprized by the slientY of Worcestershire, at 
Hoiheech, ahout the noon of the day, and that 
in manner following : — Graunt, of whom I 
have mode mention before, for taking the great 
horses, who had not, ail the preceding time, 
stirred from his own house till the next morn- 
ing, ufter the attempt should have been put in 
execution ; he then laying his accounts without 
his host, :is the proverb is, that their Plot had, 
without foiling, received the day before their 
hoped-for success; took, or rather stole, out 
tho-c horses, as 1 said before, for enabling him, 
and so many of that foulest society, that had still 
remained in the country near about him, to make 
a sudden surprise upon the king's elder daughter, 
(he lady Elizabeth, having her residence nearby 
that place, whom they thought to have used for 
the colour of their treacherous design, Kb 
majesty, her lather, her mother, nud male chil- 
dren being all destroyed above, and to this pur- 
pose, also, had that Niiurod, Digby, provided 
his hunting-match against that same time, that, 
uumbeis of people being nocked together, upon 
the pretence thereof, they might the easilier 
hare brought to pass the sudden turprise of her 
person. 

Now the violent taking away of those horses, 
long before day, did seem to he so great a riot, 
in the eves of the common people, that knew 
of no greater mystery : And the bold attempt- 
ing thereof did ingeiider such a suspicion of 
some following rebellion in the hearts of the 
wiser sort, as both great and small began to stir 
and arm theiutefve*, upon thin outooked-for 
accident. But, before twelve or sixteen bouts 



abroad that morning, which was upon a Tues- 
day, the fifth of November, and the first day 
designed for that sessiou of parliament ; the 
news, I say, of this so strange and unlooked- 
for accident was no sooner divulged, but some 
of those conspirators, namely, Winh r, and the 
two brothers of Wright's, thought it high time 
for them to hasten out of the town (for Catesbv 
was gone the night before, and Percy at four of 
the clock in the morning the same day of the 
discovery) und all of them held their course, 
with more haste than good speed, to Warwick- 
shire toward Coventry, where the next day 
morning, being Wednesday, and about the 
frame hour that Fawkcs was taken in West- 
minster, one Graunt, a gentleman, having asso- 
ciated unro him some others of his opinion, all 
violent papists, and strong recusants, came to 
a stable of one Be no eke, a rider of great 
horses, and, having violently broken up the 
same, carried along with them all the great 
horses that were therein, to the number of 
seven or eight, belonging to divers noblemen 
and gentlemen of that country, who had put 
them into the rider's hands to be made fit for 
their service. And &o both that company of 
them uhich iled out of London, as also Graunt, 
and his accomplices, met all togetlier at Dun- 
church, at sir Everard Digby's lodging, the 
Tuesday at night, after the discovery of this 
treacherous attempt ; the which Digby had 
likewise, for his part, appointed a match of 
hunting, to have been hunted the next day, 
which was Wednesday, though his mind was, 
Niinrod-like, upon a kit other maimer of hunt- 
ing, more beni upon the blood of reasonable 
men than brute beasts. 

This company, and hellish society, thus con- 
vened, finding their purpose discovered, and 
their treachery prevented, did resolve to run a 
desperate course ; and, since they could not 
prevail, by so private a blow, to practise, by a 
public rebellion, either to attain to their intents, 
or, at least, to save themselves in the throng of 
others. And, tlierefore, gathering all the com- 
pany they could unto them, and pretending the 
quarrel of religion, having intercepted such 
provision of armour, horses, and powder, as the 
time could permit, thought, by running up and 
down the country, both to augment piece and 
piece their numher (dreaming to themschct, 
that they had the virtue of a suow-ball, which, 
being little at the first, und tumbling down 
from a great hill, groweth to a great quantity, 
by increasing itself with the snow that it meet- 
eth by the way) and also, that they, beginning 
first this brave shew, in one part of the coun- 
try, should, by their sympathy and example, 
stir up and encourage the rest of their religion, 
in other parts of England, to rise, as they had 
done there. But, when they had gathered their 
force to the greatest, they came not to the num- 
ber of fourscore ; and yet were they troubled, all 
the hours of the day, to keep and contain their 
own servants from stealing from them ; who, 
notwkiistanding all their aire, daily left them, 
being for inferior to Gideon's host in number, 



213] 



STATE TRIALS, 3 JauU I. 1600.— in the Gunpowder Plot. 



[214 



past, Catesby, Percy, the Winters, Wrights, 
Kookwood, and the rest, bringing then the as- 
surance, that their main Plot was failed and 
bewrayed, whereupon they had built the golden 
mountain of their glorious hopes : They then 
took their last desperate resolution, to flock to- 
gether in a troop, and wander, as they did, for 
the reasons afore told. But as, upon the one 
parr, the aealous duty to their God, and their 
XHrereigii, was so deeply imprinted in the hearts 
of all die meanest and poorest son of the peo- 
|ae, although then knowing of no further mys- 
tery, than such publick misbehaviours, ns their 
fan eyes taught them, as, notwithstanding of 
their fair sheus and preteuces of their Ca- 
tholick cause, no creature, man or woman, 
through all the country, would, once, so much 
as give them, willingly, a cup of driuk, or any 
ant of comfort or support, but, with execra- 
tions, detested them : so on the other part, 
the sheriff* of the shire*, through which they 
wandered, conveying their people with all speed 
possible, hunted as hotly after them, as the evil- 
new of*the way, and the unprovidedness of 
their people, upon that sudden, could pennit 
them. And so at last, after sir Richard Ver- 
se?, sheriff ot Warwickshire, had carefully and 
Rraightly been in chace of them to the confines 
of hu county, part of the meaner sort being 
also apprehended by him ; sir Richard Walsh, 
sheriff of Worcestershire, did likewise dutifully 
sad hotly pursue them through his shire : And, 
laving gotten sure trial of their taking harbour 
at the house above-named, he did send trum- 
peters and messengers to them, commanding 
them, in the king's name, to 'render unto 
him, his majesty's minister ; and knowing no 
■roe, at that time, or their guilt, than was 
publickly visible, did promise, upon their duti- 
ful and obedient rendering unto him, to inter- 
cede, at the king's hands, for the sparing of 
(heir lives ; who received only, from them, this 
scornful answer, they being better witnesses to 
taeotselves of their inward evil consciences, 
1 That he had need of better assistance, than of 
1 those few numbers that were with him before he 
'could be able to command or controul them/ 
fist here fell the wonderous work of God's 
josttce, that, while this message passed between 
the sheriff and them, the sheriff's and his peo- 

ts hearts being justly kindled and augmented 
their arrogant answer ; and so, they prepar- 
ing themselves to give a furious assault, and 
the other party making themselves ready, with- 
in the house, to perform their promise by a 
defence as resolute ; it pleased God, that, in 
the mending of the lire, in their chamber, one 
small spark should fly out, and light among less 
than two pound-weight of powder, which was 
(trying a little from the chimney ; which, being 
thereby blown up, so maimed the faces of some 
of the principal rebels, and l he hands and sides 
uf otliers of* them, blowing up with it also a 
great bag full of powder, which, notwithstand- 
ing, never took fire, as they were not only 
disabled and discouraged liereby, from any 
farther resistance, in respect Catesby * himself, 



Rookwood, Grant, and divers others of greatest 
account among them, were, thereby, made 
unable for defence, bur, also, wonderfully struck 
with amazement iu their guilty consciences, 
calling to memory, how God hud justly pu- 
nished them with that same instrument, which 
they should have used for the effectuating of so 
great a sin, according to the old Latin saying, 
' In quo peccemus,in eodciu plectimur;' as they 
presently, (see the wonderful power of God's 
justice upon guilty consciences,) did all fall 
down upon their knees, praying God to pardon 
them for their bloody enterprise; and, there* 
after, giving over any further debate, opened 
the gate, suffered the sheriff's people to rush in 
furiously among them, and desperately sought 
their own present destruction : The three spe- 
cials of them joining bucks together, Catesby, 
Percy, and Winter, whereof two, with one 
shot, Catesby and Percy, were slain, aud the 
third, Winter, taken and saved alive. 

Aud thus these resolute und thigh aspiring 
Catholicks, who dreamed of no less than the 
destruction of kings aud kingdoms, and pro- 
mised to themselves no lower estate, than the 
government of great and ancient monarchies, 
were miserably defeated, and quite overthrown 
in an instant, fulling in the pit which they had 
prepared for others ; and so fulfilling that sen- 
tence, which his majesty did, in a maimer, pro- 
phesy of them, in his oration to the parliament; 
bouie presently slain, others deadly wounded, 
stripped of ihcir clothes, left lying miserably 
naked, and so dying, rather of cold, than of 
the danger of their wounds ; and the rest, that 
cither were whole, or but lightly hurt, taken 
and led prisoners by the sheriff, the ordinary 
minister of justice, to the Jul, the ordinary 
place, even of the basest malefactors, where 
they remained till their sending up to London, 
being met with a huge confluence of people of 
all sorts, desirous to' see them, as the rarest 
sort of monsters : fools to laugh at them, wo- 
men and children to wonder, all tlte common 
people to gaze, the wiser sort to satisfy their 
curiosity, in seeing the outward cases of so un- 
heard of a villainy ; and,, generally, all sorts of 
people, to satiate and fill their eyes with the 
sight of them, whom, in their hearts, they so far 
admired and detested ; serving so for a fearful 
and publick spectacle of God's fierce wrath and 
just indignation. 

What, hereafter, will be done with them, in 
to be left to the justice of ins majesty and the 
state ; which, as no good subject needs to 
doubt, will be performed in its own due time, 
by a public aud exemplary punishment ; so hav« 
we, all that are faithful and humble subjects, 
great cause to pray earnestly to the Almighty, 
that it wilt please him, who hath the hearts of 

* Catesby, who whs the first inventor of 
this treason in general, and of the manner of 
working the same by powder, in special, himself 
now first maimed with the blowing up of pow- 
der, and, ncatt, he und Percy both killed with 
one shot proceeding from powder. 



213] STATE TRIALS, 3 James I. 160(3— The Trials of the Conspirators, ftr. [S10 



all princes in his hands to put in his majesty's • 
heurt, to make such a conclusion of this trage- . 
dy to the traitors, hut tragicomedy to the king, 
mid all his true subjects, as, tliereby, the glory 
of Gud. unci his true religion, may be advanced; 
the tuiuic security of the kiin:. and his estate, j 

{■rocured and provided fnr ; all hollow and dis- 
aim-M heart;*. di>o>\tml and pievented.'; and 
this horrible attempt, lacking due epithets, to 
l»e so jiiNtly avenged: that whereas ihey 
thiHi^ht, by out* C-uttinlick indeed, and univer- I 
Mil hlon. to accomplish theui^h i>t that Koniau ' 
tyrant, nho wished all the hodus, in Koine, to ! 
have l>nt one neck, and so, b\ the \iolent force 
of potuier, to break up, a* with a petard, our , 
triple- locked peaceful j;ate« of J.ums, which, ' 
God lie i hanked, they could no! cinpass by 
uuv other im*an> ; thev inav itistlv Ik- so re- 
compcn>rd, for their tru'y xipemus intended * 
pnruciJe, a> the shame ami infamy that, other- I 
\mm\ would lit*lu upon thi* whole nation, lor 
hawng unfortunately hatch* d such cockatrice-; 
evys, may tie rvpaiicd, by t!ie execution of fa- 
mous au.l honourable justice upon the offen- 
der*, and so the kingdom pureed of them may, 
hcrcaftt :-, }»erpettirilly houn>h in peace and 
pro*|HTK). by the happy conjunction oi the 
hearts «>f a!i lionot ;i:;d ime subjects, with 
their ju>: and nl^io; s *oicniitn. 

,\'.i I thus w!ierea* they thought to liave ef- 
t icco our mcuiorics tlie memory of them shall 
reman:, b i: to l lie r perpetual lufamy; and we. 
as I «ui.i 1:1 the hc-senminc, sh.-.ii, \*:*ii aii thank- 
f.aiu>», ttcri -;u!t pu^'rie the iinaiorf oi *o 
Ktvat a it net-:. To which Ic% *u v -rood >«b- 

|OCt X s \ A UK It. • 



Hie-e :* i:i the&d\ ohime ofli'c U.i?k.*».M:»- 
ce.Ljni. p. Mo, a 11 *;ory oi tiio i«uiir»««idci' 
Trc.»":i, CviaU'*. cu from 1.1:101;$ authors 
I .:t :K* eiMipilcr *ce;r.» to bu»t nia Je no 
u«c of K:.i£ Jai'u>*> Wot*. In :oc siiue 
*o! srrc. i» H7. h <in Account oi t:*e Ar- 
r»u:tv».:eiii a:*. J Kjl^ utu a of Pi shy. the 
two W ::ur*. Grant. Kvkwwd. Ke*es, 
JGifS *::d Johrwa alu > r.i»\k*s. 1; «a> 
y ».. >;.*a 4t t3« tia:e. b*. : i* very c:d »;.:.c: 
#u •■. *:.::f , .5. a ad ::j :. .irt of ;:, c\c<«: j«*r- 
► *i» f.t \ Jo«:n^ F is a; til * jrtc n.t^r^r. 

"• N ■.«■*. -r:er :h.-:-0 — ictnra:. : zci JiuL:- 
i-.< ■:. ;-.{^:". ...s r» i\\* T;.»«r. :!.«■!* 
«"■•. } rv *.j:.:ed 1 1* ?..e Ti-uiso^. f. ..».•£: 
c .v: >.*-:^ci jso Wi\;:-.> t e« x\e;e vi.-«*:. ?«: » 
>: K..* "» v*^rviv-»-.tni. :-. -»r ■.  ;he*r. *:.". !Sei*- 
*-^: L* i . ■• . :^.< c t *fWu :er. ■«■-.:. a: ■: Ki:e** 
or ■*..•» . L Vtv'c r v >-^«i. ' -i i-^ "•' i"\ 1: 
wjr^r ;.» >tvji 0?". b : .\: > :: jf. l<: 1 & *:.- 
ia . a;:o ^.. „-.. £ f »•- ac*- j=c-s "c!- i ". \ :l< nSZI-c. 

•*t: ■•? l>^.y. .« auu. ^c s(, olv ufpk'C tc«. 
«n4 a auiuy aacvvr. ]t«5 :-^^: d .-*rn <ie, l: 
RMt dfean^e of" Bis. fcVg.trvtiA^oe.. l-oca **•. : :- 
««ri ftmr ot iimt»x iLr h»» c\i- nr jrv« p-i_e 
aj*Jfc»t;t«hrta«y ; »oc«u^MMdAa^ uuc he 



forced himself to speak, as stoutly as he could, 
his speech was not lone, aud to little good pur- 
pose, only, that his belied conscience, being, 
out indeed, a blinded conceit, had led him into 
this otTence, which, in respect of his religion, 
alias, indeed idolatry, he held no otVence, but, 
in respect of the law, he held an otTmce, for 
which, he asked forpveuess of God, of the 
king, and the wlmle kingdom; and so, with 
Tain and superstitious crosaiiii: of himself, be- 
took him to his Latin prayers, mumbling to 
himself, refusing to have any prayers oi any, 
but of the Romish Ouhul.cks; went up toe 
ladder, and with the help of the hangman, 
made an end of s his wicked days in this world. 

After him went Winter up to the scaffold, 
where he used few words to any effect, without 
aakme mercy of either Of id, or the kinc, lor his 
o tie nee; went up tlie ladder, and, mtikui* a few 
pravers 10 himself, staid not long lor his exe- 
cution. 

After him went Grant, who abominably 
blinded with his horrible idolatry, though he 
contested his otTence to be heinous, vet would 
taiu have excused it by his conscience tor reli- 
gion ; a bloody religion, to make so bloody a 
conscience ; but better tluit his blood, and all 
Mich as he was, should be shed by kie justice 
of l.w. tiian the lilood of mam thousands to 
have been shed by his Milainv, without law 
or justice; but to tie parpese, hnvine used 
a tlw uiie w-urds to ill eucct. he na>, as his tel- 
io«r> Lei'.^e him. led tLe na\ to the halter; 
and m\ attr l.> cn.?>in^ of ii:m>eif, to the last 
p^it of ni* :r.i»jc(iy. 

I^t-: .•[ t eui c«.:r.c iiitcs, who seemed sorry 
for !-* iknerce. azui asked tcr^iveuess of God, 
ard ti.e kin^, aud of ci.e wl..iie kiucioin ; 
prave-i :o C^xl fjr the pre sedation of tbem 
ai. a:*.d as he said, only lur his lore to htt 
nia«:er. drawn t j torse*. i::s du:y u> (nxi. his 
ki.-.c and country, ana > heretbrt w as now drawo 
froti the Tower 10 $:. Paul's c.urcii-yard, and 
there har£t-d an.i q£*r;?rc>i n:r his treachery. 
Tr us tided :n*z d.iv"> busirTes>. 

Tre ni:*t c^^« rciz:^ Fr.dav, we.e drawn 
fr^ai t u i- Tcwci 10 the iKd P-. ace ia West- 
ic.:>ter. ^\tr-*£a:rs: tit- Pari:amcct-bouse, 
Tron:j» "■V;.-.ier ;.' r y^up^er c.-vi-tr. Kock- 
«. .co. K*}cs. a^i rV-wkes tLe r.;.n r. ju>riy 
c.u.e».i. • t-«* IXt.i of t e Vaj'.e:" i-jr irid ht 
::jt fcet » a «.v. .1 ;^ca.xatr. ; e Lau ::evtr con- 
sXnrcd y.^ r: M ^:!->os a :^:*c^l.u uwr l«vd cm- 
[Hovw :n * -j .iT.i:»:i« j^ a.-;: or.. 

1-e s^.-^ *•-»>. t«:r^ F:...^i>. w^re drawn 
• c-:i the V.^i.-. :■.• t:.s L'.i Y* a:* in Wrst- 
« t . :.« : c r. 1 r^.* r.  > ^^ -. r : rr . K :<: i w .^ «i , Keves. 

m 

:o :i.T *<■— t .0. nude '«;*..e *r«.r\:- t -.: ?cen «c|T, 
az'cs xsr l-. •* ;: w<rc. so -.7 * r .3 .»cencr. 
t: i ^ ;: jr «<* r^ b:a*e^r. ?.♦ ti» u^a tas.^* were 
*■-.-'-* :■. : b* :.* ,, i tieii."* »tvccaa.e^ iu«u-.e 
j.reici r.j ^e a w r^sd :n tus so 1 -!, -m" wbet be 
-ail z».c yt" j. :"ol. teel ..■•*. rrc:e»t:i?c u> c* a 
true V. iLi -!-'.•*, asaessai^: w^ a **r% rale 
az'i >*^ai o:«jvt. wer.: up toe J^Kier, aad, aner 
a 4*--^ cr two vzta a b^icc y ;o a 



217] 



STATE TRIALS, * James I. 1606.— Trial qf Henry Garnet. 



[21* 



block was drawn, and there quickly dis- 
patched. 

NeitJum carae Rockwood, who made a 
apeech of some longer time, confessing his 
offence to God, in seeking to shed blood, 
sad asking therefore mercy of his Divine ma- 
jesty; bis ofience to the king, of whose ma- 
jtsty he likewise humbly asked 1 forgiveness, 
his offence to the whole state, of whom in 
general he asked forgiveness ; beseeching God 
to bless the king, the queen, and all his 
royal progeny, and that they might long live to 
eign m peace and happiness over this king- 
dom. But la&t of all, to mar all the pottage 
with one filthy weed, to mar this good prayer 
with an ill conclusion, he prayed God to make 
the king a cathohek, otherwise a papist, which 
God for his mercy ever forhid ; and so, be- 
seeching the king to be good to his wife and 
children, protesting to die in his idolatry, a 
Romish Catholick, he went up the ladder, and, 
banging till he was almost dead, was drawn to 
the block, where he gave his last gasp. 



After him came Keyes, who like a desperate 
villain, using little speech, with small or no 
shew of "repentance, went stoutly up the lad- 
der; where, not staying the hangman's turn, 
he turned himself off with such a leap, that 
with the swing he brake the halter, but, after 
his fall, was quickly drawn to the block, and 
there was quickly divided into four parts. 

Last of all came the great devil of all, 
Fawkes, alias Johnson, who should have put 
fire to the powder. His body being weak with 
torture and sickness, he was scarce able to go 
up the ladder, but yet with much ado, by the 
help of the hangman, went high enough to 
break his neck with the fall: who made no 
long speech, but, after a sort, seeming to 
be sorry for his offence, asked a kind of for- 
giveness of the king and the state for his bloody 
intent ; and, with his crosses and his idle ce- 
remonies, made his end upon the gallows 
and the block, to the great joy of the be- 
holders, that the land was ended of so wicked 
a villainy/' 



81. The Trial of Henry Garnet, Superior of the Jesuits in Eng- 
land, at the Guildhall of London, for a High Treason, being a 
Conspirator in the Gunpowder Plot : 4 Jac, I. 28th of March, 
a. d. 1606. 



iH£ Commissioners present were, sir Leo- 
nard Holyday, Lord Mayor; the earls of Not- 
tingham, Suffolk, Worcester, Northampton, and 
Salisbury ; L. C. Justice of England, sir John 
Pophum; the L. C. Baron of the Exchequer; 
ur Christopher Yelverton, kt. one of his ma- 
jesty** Justices of the Kings-Bench. 

The substance and effect of (he Indictment 
of Henry Garnet, superior of the Jesuits in 
England, appeareth before in, the Relation of 
the former Arraignment, and therefore un- 
necessary to be repeated again; [S Co. Inst. 
S7.] which Indictment was summarily and ef- 
fectually repeated by sir Johu Croke kt. his 
•oesty's Serjeant at law, in this manner : 

Sir John Croke. This person and priboner 
sere at the bar, this place, and thk present 
occasion and action, do prove that true, which 
the Author of all Truth hath told us; That 
' nihil est occultum, quod non manifestabitur; 
' et nihil e*t secretum, quod non revelabitur et 
1 in palain veniet:' There is nothing hid that 
ihall not be made manifest, there is nothing 
Htret that shall not be revealed and come in 
publick. And that God by whom kings do 
reign, ' Consilium pravorum dissipat,' doth 
tcatter and bring to nought the counsel of 
the wicked. — That he spake with fear and tremb- 
ling, and with liorror and nmayedncsg, against 
that rotten root of that hideous and hateful 
tree of treason, and of that detestable and un- 
heard of wickedness, he did crave pardon for 
it; affirming that no flesh could mention it 
vkhout astonishment. — lie shewed that Henry 
Gtrntt, of the profession of the Jesuits, other- 



wise Wally, otherwise Darcy, otherwise Roberts, 
otherwise Farmer, otherwise Philips, (for by all 
those names he called himself) stood indicted 
of the most barbarous and damnable treasons, 
the like whereof was never heard of: That he 
was a man ' inultorum nominum,' but not ' boni 
' nominis ;' of many names, as appeared by tbe 
indictment, but of no good name ; adorned by 
God and nature, with many gifts and graces, if 
tbe grace of God had been joined with them : 
but that wanting, * quanto ornatior' in other 
gifts * tanto nequior*. — That this Garnet (his 
majesty summoning his parliament to be holden 
at Westminster the 19th of March, in the first 
year of his reign, and by divers prorogations 
continuing it till the third of October last) 
together with Catesby lately slain in open re- 
bellion, and witli Oswald Tesmond a Jesuit, 
otherwise Oswald Green well, as a false traitor 
against the most mighty and most renowned 
kiug our sovereign lord king James; the 9th 
of June last, traitorously did conspire and com- 
pass : To depose the kmg, and to deprive him 
of his Government : To destroy and kill the 
king, and the noble prince Henry his eldest 
son : such a king, and such a prince; such a son 
of such a father, whose virtuis arc rather with 
amazed silence to be wondered at, than able 
by any speech to be expressed : To stir sedition 
aud slaughter throughout the kingdom: To 
subvert the true religion of God, and whole 
government of the kingdom : To overthrow the 
whole state of the commonwealth. — The man- 
ner how to perform these horrible Treasons, 
the Serjeant said * llorreo diccre,' his lips did 



tremble to speak it, but his heart praised God 
for his mighty deliverance. The practice so 
inhuman, so barbarous, so damnable, so de- 
testable, as the like *hs never read nor heard 
of, or ever entered into the heart of the most 
wicked man to imagine. And here he said, he 
coulii not but mention that religious observation 
so religiously observed by his religious majesty, 
wishing it were engraven in letters of gold, in 
the hem ts of all his people ; the more hellish 
the imagination, the more divine the preserva- 
tion. — This Garnet, together with Catesby and 
Tesmond, had speech and conference together 
of these Treasons, and concluded most traitor- 
ously and devilishly : That Catesby, Winter, 
Fawkes, with many other traitors lately arraign- 
ed of high-treason, woidd blow up with gun- 
powder in the parliament-house, the king, the 
prince, the lords spiritual and temporal, tlie 
judges of the realm, the knights, citizens and 
burgesses, and many other subjects and servants 
of the king assembled in parliament, at one 
Wow, traitorously and devilishly to destroy 
them all and piecemeal to tear them in asun- 
der, without respect of majesty, dignity, and 
degree, age or place. — And for that purpose, a 
great quantity of gunpowder was traitorously 
and secretly placed and hid by these Conspira- 
tors under the Parliament-House. 

Tin's being the Substance and the Effect of 
the Indictment, Gainetdid plead Not Guilty 
to it ; and a very discreet and substantial Jury, 
with allowance of challenges unto the prisoner, 
ware sworn at the bar for the trial of him *. 

To whom the Serjeant shewed that they 
should have FAidences to prove him Guilty, 
that should be « luci clariores/ that every man 
might read them running. They should have 
' testimonia rerum,* and • loquentia signa,' Wit- 
nesses and Testimonies of the things them- 
selves. * Reum confi ten tern/ or rather ' reoscon- 
• fitentes, accusantes invicem.* That every one 
may say unto him, * serva nequam,* thou wicked 
subject, thou wicked servant, ' ex ore tuo te 
' judico', of thine own month I jndge thee, of 
thine own mouth I condemn thee. And this 
shall be made so manifest by him that best can 
do it, as shall stop the mouth of all contradic- 
tion. 

Attorney General. (Sir Ed. Coke.) Yotir 
lordships may perceive by the parts of the In- 
dictment which have been succinctly opened, 
that this is but n latter act of that heavy 
and woful tragedy, which is commonly called 
the Powder-Treason ; wherein some have al- 
ready played their parts, and according to 
their demerits surfered condign punishment 
and pains of death. We are now to pro- 
ceed against this prisoner for the same trea- 
son ; in which reNpect the necessary repe- 
tition of some tilings before spoken, shall at 
the least seem tolerable : for that * Nunqunm 
' nimis dicitur, quod nunquam satis dicitur ;' It 
is never said too often, that can never be said 
enough. Nay, it may be thought justifiable 
 » * »■■' ■«   ■»■■  i—— — 

• 5e« 3 Co. Inst 97, 



•Trial qf Henry Garnet, a Conspirator [220 

to repeat in this case ; for that in respect of 
the confluence and access of people at the 
former arraignment, many could not hear at 
thut time: and yet, because I fear ic would be 
tedious for the most of all my lords commis- 
sioners, and of this honourable and great assem- 
bly, were present at the arraignment, and for 
that I am now to deal with a man of another 
quality, I will only touch, and that very little, 
of the former discourse or evidence; and that 
little also shall be mingled with such new mat- 
ter, as shall be worth the hearing, as being in- 
deed of weight and moment : and all this with 
very great brevity. 

But before I further proceed to the opening 
of this so great a cause, I hold it fit and neces- 
sary to give satisfaction to two divers and ad- 
verse sorts of men, who, according to the divers 
affections of their hearts, have divined and con- 
jectured diversly of the cause of the procrasti- 
nation and delay of proceeding, especially 
against this person : the matter wherewith he 
stands charged being so transcendent and ex- 
orbitant as it is. The first sort of these, out 
of their hearty love and loyalty to their natural 
liege lord and King, and to their dear country and 
this state, have Feared the issue of this delay, 
lest that others might be animated by such 

f protraction of judgment, to perpetrate the 
ike: for they say, and it is most true, ' Quia 
' i.jn profertur cito contra malos sentcmiu, abs- 

* que timore ullo filii hominum pcrpetrant mala;' 
Because speedy justice is not executed against 
wicked men, tho people without all fear com- 
mit wickedness. And pity it were that these 
good men should not be satisfy'd. The other 
sort are of those, wfio in respect no greater ex- 
pedition hath been used against this prisoner at 
the bar, fall to excusing of him, as gathering 
these presumptions and'conjectures : first, that 
if he, or any of the Jesuits, had indeed been 
justly to be touched with this most damnable 
and damned treason, surely they should have 
been brought forth and try'd before this time. 
Secondly, That there was a bill exhibited in 
parliament concerning this treason, and this 
traitor, but that it was deferred and proceeded 
not, for want of just and sufficient proofs. 
Nay, Thirdly, There was a particular apology 
spread ubroad for this man, and another gene- 
ral for all Jesuits and priests, together with 
this imputation, That king-killing and queen- 
killing was no; indeed a doctrine of theiis, but 
milv a fiction and policy of our state, thereby to 
make the popish religion to be despised and in 
disgrace. 

Now lor these men, pity it were that the eve 
of their understanding should not be enligli- 
tcned and cleared, that so being by demonstra- 
tive and luculcnt proofs convinced, they may 
be to their prince and country truly converted. 
First therefore concerning the delay, (though it 
be true, ' Quod flugellatur in corde, qui lauda* 

• tur in ore*) yet must I remember the great 
pains of my lords the commissioners of his ma* 
jetty's privy council in this cause : for Garnet 
being first examined upon the 13th of the lost 



221] 



STATE TRIALS, 4 James I. 1006.— m the Gmpamder Plot. 



[222 



month, hath sithence been again examined 
and interrogated above twenty several times, 
which lasted to the 26th of March, within two 
days of this arraignment. Touching the bill in 
parliament, it was indeed exhibited before 
Garnet was apprehended; bat his majesty's 
gracious pleasure was, that albeit this treason 
lie without all precedent and example, jet they 
should quietly and equally be indicted, arraign- 
ed, publickly heard, and proceeded withal in a 
moderate, ordinary, and just course of law. 
Concerning their apologies, and the fictions of 
rtaffe (ns they term them), answer shall be 
■ode, by God's grace, in the proper place, 
when I come to lay open the plots and prac- 
tices of the Jesuits, to the satisfaction of all 
this honourable and great assembly. But first 
I have an humble petition to present to your 
lordships, and the rest of this grave auditory 
for myself, in respect thai I am necessarily to 
name great princes, yet with protestation and 
caution, that no blot is intended to be laid 
■pen any m£ them. I know there is ' Lex in 
4 sermoue tenenda,' A law and rule to be ob- 
Krved in speaking, especially in this kind ; and 
that kings and great princes and the mighty 
neo of this earth are to be reverently and re- 
spectfully dealt withal : mid therefore I humbly 
recommend unto you these considerations, con- 
cerning this point of mentioning foreign states. 
1st, Tnat the kingdoms were at tlmse times in 
open enmity ^and hostility, and that might be 
honourable at one time which was not so at 
•aether ; so that hostile actions were then jus- 
tifiable and honourable, as being in times of 
hostility and war. 2dly, In these things it is 
not the king's attorney that speaks, but Garuet 
the Jesuit: as also that it proceedeth from an 
inevitable necessity ; for that the examinations 
ss well of this, as of the rest of the traitors, 
cannot otherwise be opened and urged against 
them : so is tlie mention of great men, by the 
snpodency of tliese wicked tractors, woven 
iaio their confessions, as tltey cannot be se- 
TerecL — And with this comfort I conclude the 
rrerace, That I hope in God this day's work, 
 the judgment ot so many as shall be atten- 
tive and well disposed, shall tend to the glory 
•f Almiglity God, the -honour of our religion, 
the safety of bis most excellent majesty and 
kit royal issue, and the security of the whole 
commonwealth. 

For Memory and method, all that I shall 
speak may be contracted to two general heads. 
1. I will consider die Offences, together with 
certain circumstances, precedent before the 
Ofteuce, concurrent with the Offence, subse- 
(pKiit after the Offence. 2. I will lay down 
some Observations concerning the same. — For 
the proper name of this Offence, because I 
aunt >peak of several Treasons for distinction 
and separation of this from the other, I will 
name it the Jesuits Treason, as belonging to 
them both ' ex oangruo et condigno ;' they were 
the proprietaries, plotters and procurers of it : 
and in such crime* ' plus peccat author, quam 
actor;' * the auther, or procurer, offendeth 



more than the actor or executer: f as may ap- 
year by God's own Judgment given against the 
first sin in Paradise, where the serpent had 
three punisluneuts indicted upon bun, as the 
original plotter ; the woman two, being as the 
mediate procurer ; and Adam but one, as the 
party seduced. — Circumstances precedent and 
subsequent so termed here, are indeed in their 
proper natures all High-Treasons ; bat yet in 
respect of the magnitude, nay moustrousness 
of this treason, may comparatively, without 
any discountenance to them in this case, he 
used as circumstances. And because I am to 
deal with the superior of the Jesuits, 1 will only 
touch such 'treasons, as have been plotted and 
wrought by the Jesuits, of whom this man was 
superior ; and those treasons also sithence this 
Garnet his coming into England ; whereof he 
may truly say, ' Et quorum pars magna foi.' 

The coming of this Garnet into England 
(which very act was a treason) was about SO 
years past, viz. in July 1586, in the 26th year 
of the reign of the late queen, of famous and 
blessed memory: whereas the year before, 
namely the 27 th year of Elizabeth, there was a 
statute made, whereby it was treason, for any, 
who was made a Itouiish Priest by any autho- 
rity from the See of Home, sithence the first 
year of her reign, to come into her dominions : 
which statute the Romanists calumniate as a 
bloody, cruel, unjust and a new upstart law, 
and abuse that place of our Saviour, * O Jeru- 
' salem, Jerusalem, thou that killest the Pro- 
' phets, and stonest them that are sent unto 
' thee,&c.' Mat. xxiiLSf. to that purpose: but 
indeed it is both mild, .merciful and just, and 

f rounded upon the antient fundamental laws of 
England, lor (as hath already in the former 
Arraignments been touched) before the bull of 
Ironius Pius Quintus, in the 11th year of the 
queen, wherein her majesty was excommuni- 
cated and deposed, and all they accursed who 
should yield any obedience unto her, &c. there 
were no recusants in England, all came to 
church (howsoever popisidy inclined, or per- 
suaded in most poiuts) to the same divine ser- 
vice we now use ; but thereupon presently they 
refused to assemble in our churches, or join 
with us in pubhek service, uot for conscience 
of any thing there done, agninbt which they 
might justly except out of the Word of Goo, 
hut because the pope had excommunicated and 
deposed her majesty ,and cursed those whoshookl 
ol>ey tier : and so upon this Bull ensued open 
rebellion in the north, and many garhoils. But 
see the event : now most miserable, in respect 
of this Bull, was the state of liomiah recusants ; 
for either they must be hanged for treason, iu 
resisting their lawful sovereign, or cursed for 
yielding due obedience unto her majesty. And 
tlierefore of this pope it was said by some of 
his own favourites, that he was * Homo piuset 
* doctus, sed nimis eredulus ;' a holy and a 
learned man, but over credulous ; for that he 
was informed and believed that the strength «f 
the Calholicksiu England was such, as was able 
to have resisted the <j teen. But when the Bull 



223] STATE TRIALS, 4 James I. 1606 — Trial qfllcnty Garnet, a Conspirator [224 



was found to take such an effect, then was 
there a dispensation given, both by Pius Quin- 
tus himself, and Gregory the 13th, That all Ca- 
tholicks here might shew their outward obedi- 
ence to the queen, * ad redimenduui vexatio- 

* nem, et ad ostendendam externam obedien- 

* tiam.;' but with these Cautions and Limita- 
tions : 1. * ltehus sic stantibus,' Things so 
standing as they did. 2. Donee publica bulla; 
' executio fieri posset ;' that is to say, They 
might grow into strength, until they were able 
to give the queen a mute, that the publick ex- 
ecution of the said Bull might take place. And 
all this was Confessed by Garnet uuder his own 
hand, and now again openly confessed at 
the bar. 

In the 20th year of queen Elizabeth, came 
Campion* the Jesuit and many others of his 
profession with him, purposely to make a 
Party in England for the Catholick cause, to 
the end that the Bull of Pius Quintus might be 
put in execution. And though all this while 
recusancy, being grounded upon such a disloyal 
cause, were a very dangerous and disloyal 
thing ; yet was there no law made in that 
behalf until the 23rd year of her majesty's 
reign ; and that also imposing only a mulct or 
penalty upon it, until conformity were offered 
and shewed. Anno 26 Eliz. nunc Parry f with 
a resolution from Cardinal de Coino, and 
others, that it was lawful to kill her majesty, as 
being excommunicated and deposed. Where- 
upon her majesty entering into consultation 
how (together with her safety, and the protec- 
tion of her subjects) she mL-ht avoid the immi- 
nent dangers, aud yet draw no blood from 
these Priests and Jesuits, found out this mode- 
rate and mild course as the best meant, to pro- 
hibit their coming at all into her land ; there 
never being any king who would endure, or 
not execute any such persons, within their do- 
minions, as should deny him to be lawful king, 
or go about to withdraw his subjects from their 
allegiance, or incite them to resist or rebel 
against him. Nay, the bringing in of a Bull by 
a subject of this realm against another, in the 
time of Edward 1. was adjudged Treason. But 
by the way, for that Garnet had exclaimed, 
saying, Shew us where was your church liefore 
Luther, design the place, name the persons, 
and so foith ; it is answered by a comparison 
of a wedge of pure gold, wlucb coming into the 
hands ot impostors, is by their sophistications 
and mixtures, for gain and worldly respects, 
increased and augmented into ft huge body and 
mass, and retaining still an outward fair sliew 
and tincture of gold. Where is now the pure 
gold, saith one, shew me the place ? 1 answer, 
iu that mass ; but for the extracting thereof, 
and purifying it froifl .dross, that must be 
done by the art of the workman, and the trial 
of the touchstone. So the true religion and 
service of Almighty God, being for human res- 
pects and worldly pomp, mixed and orerlnden 
with a number of superstitious ceremonies and 

1-1 - ' ' - . -  w— 

• • See vol. 1. p. 1049. t Ibid. 1095. 



inventions of man ; yet ever had God his true 
church, holding his truth, which hath been by 
skilful workmen, with the touchstone of the 
Word of God, refined and separate from the 
dross of man's inventions. 

But to proceed : in the 28th year of queen 
Elizabeth, being the year 1586, in June, came 
Garnet into England, breaking through the 
wall of treason ; being in truth, talus compn$itu$ 
ex proditwnt : and this was at that time when 
the great Armada of Spain, which the pope 
blessed, And christened by the uaine of * Ttie 
Invincible Navy,' was by the instigation of that 
high-priest of Home, preparing and collecting 
together of many parcel**, out of divers parts, 
where they could be bought, or hired, or bor- 
rowed ; and therefore may be called a com- 
pounded navy, having in it 158 great ships. 
The purveyors and fore-runners of this navy 
and invasion, were the Jesuits ; and Garnet 
among them being a traitor, even in his very 
entrance and footing in the land. But the 
queeu with her own ships, and Iter own sub- 
jects, did beat this Annada, God himself 
(whose , cause indeed it wo*) fighting for us 
against them, by fire, and seas, and winds, and 
rocks and tempests, scattering all and destroy- 
ing most of tbem : for ' offeuso creatore, orVeri- 
* ditur omnis creatura,' The Creator being 
offended, every creature is readily armed to- 
revenge hi* quarrel : In which respect he is 
called the Lord of Hosts. So that of 158, 
scarce 40 of their ships returned to the bar of 
their own haven ; and as it is reported, most 
of them also perished : insomuch, that in this 
respect, we may say of queen Elizabeth, as the 
poet writ eth of the Christian emperor: 
' O nimium dilecta Deo,cui militat aether, 
* Et conjurati veniunt ad classica venti.' 
Observe here, that about the time of this 
invasion, there being in Spain met in consul- 
tation about that business, the Cardinal of 
Austria, the duke of Medina, count 1'uentes, 
two Irish bishops, with sundry military men, 
and amoogst other Winslade, an Englishman ; 
the Irith bishops perceiving that they expected 
a party of Cathohcks in England, resolved that 
true it was, that it was not possible to do any 
good here in England, unless there were a party 
of Cutholicks made before-hand. But sucb, 
said they, was the policy of England, us that 
could never be elVected : for if any suspicion or 
fear arose, the Catholicks should quickly be 
either shut up, or quite cut off. Oh, saith an 
old soldier there present, ' Hoc facit pro nobis,' 
Tina makes for us ; for by that means their 
souls shall go to heaven for their religion, their 
'bodies to the earth fur their treasons, and 
their lands and goods to us as conquerors: this 
was indeed that they principally aimed at.— 
Note here, that sithence die Jesuits set foot in 
tins laud, there never passed four years with- 
out a most pestilent and penlii ions tieason, 
tending to the subversion of the whole state. 

After that hostile Invasion in 88, the Jesuits 
fell again to secret and treasonable practices : 
for in the year 9», came Patrick Cullen, who 



235] 



STATE TRIALS, 4 James I. 160fl.—w the Gunpowder Plot. 



[225 



was incited by sir William Stanley, Hugh 
Owen, Jaques Fraunces, and Holt the Jesuit, 
and resolved by the said Holt to kill the queen; 
to which purpose he received absolution, and 
then the sacrament, at the hands of the said 
Jesuit, together with this ghostly counsel, that it 
was both lawful arid meritorious to kill her. 
Nay, said Jaques, that base laundress's son, 
(who was a continued practiscr both with this 
CuUen and others, to destroy her majesty) the 
Kate of Englaud is and will be so settled, that 
unless mistress Elizabeth be suddenly taken 
sway, oil the devils in Hell will not be able to 
prevail against it, or shake it. 

Now Cullen's Treason was accompanied 
with a Book called ' Philopater/ written for 
the abetting and warranting of such a devilish 
act in general, by Cresswell the legier Jesuit in 
Spain, under the name of Philopater. 

Anno 94, came Williams and Yorke to the 
same end, viz. to kill the queen ; being wrought 
lo undertake so vile and detestable a fact by 
lather Holt the Jesuit, and other his complices : 
sad thereupon the said Williams and Yorke in 
the Jesuits college received the Sacrament toge- 
ther of father Holt, and other Jesuits, to exe- 
cute the same. . And that treason likewise was 
sccoropanyed with a book written by the legier 
Jesuit ana rector of Rome, Parsons, under the 
name of Doleman, concerning titles, or rather 
tittles ; a leud and a lying book, full of fals- 
hood, foreery, and malediction. 

Anno 97, came Squire from Spain, to poi- 
son her majesty, incited, directed, and war- 
ranted by Walpole a Jesuit, then residing there ; 
at whose hands likewise, after absolution, he 
received the Sacrament, as well to put the 
(•ractice in execution, as to keep it secret. All 
ibe?e treasons were freely and voluntarily con- 
fessed by the parties themselves under their 
1 <mo hands, and y*?t remain extant to be seen. 

In the year 1601, when practices failed, then 
*at foreign force again attempted ; for then, 
u in the former Arraignment hath been de- 
dared, was Thomas Winter employed to the 
king of Spain, together with Trsmond theJe- 
tair, by this Garnet, who wrote his letters to 
Arthur, alias Joseph Creswell, the only man 
«aom I have heard of, to change his Christian 
same, the legier Jesuit in Spain, for the further- 
ance of that negotiation ; which was, us hath 
been said, to offer the services of the English 
Catholics to the king, and to deal further, con- 
cerning an invasion, with promise from the Ca- 
tholics here of forces, both of men and hoises, 
to be in readiness to join with him. This ne- 
gotiation, by the means of Creswell, to whom 
Garnet wrote, took such effect, that the two 
kingdoms standing then in hostility, the propo- 
sition of the English Romish Catholics was ac- 
cepted and entertained-; an army to invade, as 
hacii been specified in the former Arraignment, 
promised, and 100,000 crowns to be distributed 
amongst Romanists and discontented persons, 
•sling of a party in England, and for the fur- 
therance of the s:tid service, granted. In the 
mean time the king earnestly desired, Thut if 
vol. j i. 



the queen of England should happen to die, he , 
might receive present and ceitajn advertisement 
thereof. — Now this Treason was accompanied 
with the Pope's own writing : for now doth the 
holy father cause to be sent hither to Garnet 
two Briefs or Bulls, one to tho-clergy, and ano- 
ther to the laity ; wherein observe the Title, the 
Matter, the Time. The Tide of the one was, 
' Dilectis Filiis, Principibus, ct Nobilibus Ca- 
1 tholicis Anglicanis, Sa'lutein et Apostolicara, 
' Benedictionem :' that is, To our beloved Sons 
the Nobles and Gentlemen of England, which . 
are Catholics, Greeting and Apostolical Bene- 
diction. The Title of the other was, « Dilectis 

* Filiis, Archipresbvtero, et reliquo Clero An- 
■* glicano, &c.' To our beloved Sons, the Arch- 
priest, and the rest of the Catholic Clergy. 
The Matter was, that after the death of her ma- 
jesty, whether by course of nature, or other- 
wise, whosoever should lay claim or title to the 
crown of England, though never so directly and 
nearly interested therein, by descent and blood 
royal; yet unless he were such an one as would 
not only tolerate the Catholic (Romish) reli- 
gion, but by all bis best endeavours and force 
proi.iote ib, and according to the ancient cus- 
tom would, by a solemn and sacred oath reli- 
giously promise and undertake to perform the 
same, they should admit or receive none to be 
king of England : his words are these, ( Quan- 
' tumcunque propinquitate sanguinis niterentur, 

* nisi ejusmodi essent qui fidein Catholicam 

* non niodo tolerarent, sed omni ope ac studio 
' promoverent, et more majorutn jurejurando 
1 se id pnestituros suscipcrent, &c.' 

As for king James (at whom the pope aimed) 
he hath indeed both propinquitatem and anti- 
(juitatan re«alis sanguinis, propinquity and an- 
tiquity of blood royal, for bis just claim and 
title to this crown, both before and since the 
conquest. To insist upon the declaration and 
deduction of this point, and pass along through 
the series and course of so many ages and cen* 
turies, as it would be over long for this place, 
so further 1 might herein seem as it were to 
»ild gold : Only in a word, his majesty ib lineally 
descended from Margaret the saint, daughter of 
Edward, son of king Edmund, grandchild of 
great Edgar, the Britain monarch. Which 
Margaret, sole heir of the English-Saxon king, 
was married to Malcojmc king of Scotland; 
who by her had issue David the holy their king, 
from whom that race royal at this day is deduced ; 
and Maud the good, wife of the tirst and learn- 
ed Henry king of England, from whom his ma- 
jesty directly and lineally proceedctb, and of 
whom a poet of that time wrote : 

* Nee decor e flee it fragilcm, non sceptra su- 
pcrham, 

i Sola porens* htimilis, sola pudica derens.' 
And lastly, his majt<ty roinelh of Margaret aUo 
the eldest daughter of lltnry 7. # who was de- 
scended of that famous union of those two fair 
roses, the white and the red, York and Lancas- 
» ter; p the effecting of which union cost the effu- 
sion of much F.uulUii blood, o\ or and besides 
fourscore tr thereabouts of the bljod royal. 



227] STATlf TRIALS, 4- James I. 1600.— Trial of Henry Garnet, a Conspirator [22* 



But a more famous union is by (he goodness of 
the Almighty perfected in his majesty's persou 
of divers lions, two famous, ancient and re- 
nowned kingdoms, not only without blood, or 
any opposition, but with such un universal ac- 
clamation and applause of all sorts and decrees, 
as it were with one voice, as never was seen or 
read of. And therefore luost excellent king, 
for to him I will now speak : 

' Cum triplici fulvum conjungcleoneleonem, 
' Ut varias atavus junxerat ante rosas : 

' Majui opus varios sine pugna unire I tones, 
' Sanguine quum varias cunsociusse rosas.' 

These four noble and magnaniirlous lions, so 
firmly and individually united, are able, with- 
out any difficulty or great labour, to subdue and 
overthrow all the Letters and Bulls, and their 
calves also, that ha\ e been, or can be sent into 
England. 

Now fur the time, observe that these Bulls or 
Briefs came upon the aforesaid negotiation of 
Thomas Winter into Spain, at what time an 
army should shortly after have been sent to in- 
vade the land : And this was to be put in exe- 
cution, ' quandocunquc contingeret miterum 

• lllam fu?minaui ex h.ic \ita excedcre;' when- 
soever it should happen that that miserable wo- 
man, for so it pleased the high priest of Rome 
to call great queen Elizabeth, should depart 
this life. Was queen Elizabeth miserable r It 
is said that ' Miseria constat ex duobus con- 
' trariis, scilicet, copia et inopia ; ex copia tri- 
' bulationis, et inopia consolationis.' Was she, 
I say, miserable, whom Almighty CJod so often 
and so miraculously protected, both ' from the 

• arrow that flieth by day,* their great Armada, 
' and from the pestilence that walketh in the 
' darkness,' their secret and treacherous conspi- 
racies? that did beat her most potent enemies? 
that set up a king in his kingdom? that defend- 
ed nations, and harboured and protected dis- 
tressed people ? that protected her subjects in 
peace and plenty, and had the hearts of the 
most and the best of her subjects? that reigned 
religiously and gloriously, and died C-hristinnly 
and in peace ? Oh blessed queen, our late dear 
sovereign, ' semper bonus noincnque tiuim lau- 
4 desque manebuut.' But queen Elizabeth of 
famous memory, (for ' Memoria ejus semper 
' erit in bencdictione') as a bright morning-star, 
in fulness of time lost her natural light, when 
the great and glorious sun appeared in our ho- 
rizon. And now sithence the coming of our 
great king James, there have not passed, I will 
not say four, nay not two moirhs, without some 
treason. First, in March 1603, upon the death 
of her majesty, and before they had seen his 
majesty's face, was Christ. Wright employed 
into Spain, by Garnet, Cateshy, and Trishum, 
to give advertisement of the queen's death, and 
to continue the former negotiation of Thomas 
Winter; and by him also doth this Garnet write 
to Creswell the Jesuit, in commendation, and 
for assistance and furtherance of his business. 
As also on the 22nd of June following, was 
Guy Fawkes teot out of Flanders, by Baldwin 



the Jesuit, by sir William Staplcy and Hugh 
Owen about the same treason ; and by letters 
from Baldwin directed and commended to Cres- 
well the legier Jesuit in Spain, for the procuring 
of his dispatch, as in the former arraignment 
hath been declared. — In the same June doth 
.Garnet the Superior, together with Gerrard and 
other Jesuits and Jesuited Catholics, labour not 
only in providing of horses, which by Thomas 
Winter and Christopher Wright, upon their se- 
veral negotiations, they, in the names of all the 
Catholics in England, had promised the king of 
Spain, to assist and do him service withal, at 
such time as the said king should send his forces 
to invade, either at Mil ford Haven, or in Kent, 
as hath before been shewed ; but also did, by 
force of the said two Bulls or Britis, dissuade 
the Romish Catholics from yielding their due 
obedience to his majesty, for that he was not of 
the Roman religion : contrary to the practice 
of the true church and churchmen, that under- 
go wars, ' ferendo, non feriendo/ with patience 
not with strokes; their weapons being properly 
1 orationes et lachrymal,* prayers and tears. 

On the same June 9, which was in 1603, 1 
Jac. brake out likewise the Treason of the Ro- 
mish priests, Watson and Clarke, as also that 
other of sir Walter Raleigh and others. But 
the Jesuits seeing that the peace was now in 
great forwardness, and having advertisement, 
also, that the king of Spain did now distaste 
their propositions, so that there was no further 
hope left for force ; then fell they again to se- 
cret practice. As for the bulls or briefs before 
mentioned, when Catesby had informed Garnet 
that king James was proclaimed, and the state 
settled, they were by Garnet, as himself hath 
ailirmed, burnt. But to proceed : 

In March 1603, Garnet and Catesby (a 
pestilent traitor) confer together, and Catesby 
in general tellelh him (though most falsly), That 
the king had broken promise with the catho- 
licks, and therefore assuredly there would be 
stirs in England before it were long. In Sep- 
tember following, meets Catesby and Thomas 
Percy: and after an unjust, hut a grievous 
complaint made by Cateshy of the king's pro- 
ceedings, for that contrary to their expecta- 
tions, his majesty both did hold, and was like 
continually to run the same course which the 
queen before had held ; Percy presently breaks 
forth into this devilish speech, That there was no 
way but to kill the king, which he the said 
Percy would undertake to do. But Catesby, as 
being * \ersuto ingenio et profunda perhdia,' a 
cunning, u wily, and a deep traitor, intending 
to use this so furious and fiery a spirit to a 
further purpose, doth as it were stroke him for 
his great forward ne^, yet with sage and stayed 
counsel tells him ; No loin, thou shalt not ad- 
venture thyself to so small purpose : If thou 
wilt be a traitor, there is a plot to greater ad- 
vantage, and such a one as can never be dis- 
covered, viz. the Powder- treason. 

In January, in the 1st year of his majesty, Gar- 
net took out a General Pardon under the Great 
Seal of England of all treasons (which pardon 



229) 



STATE TRIALS, 4 James I. 1606.— in the Gunpowder Plot. 



[230 



his majesty of his grace granted to all men at his 
first entrance into his kingdom) under the name 
of Henry Garnet of London, gent, hut therein 
be never used any of his * alias dictus,' W alley, 
Farmer, or any other of his feigned names. 
But Catesby fearing lest any of those whom he 
had or should take into confederacy, being 
touched in conscience with the horror of so 
damnable a fact, might give it over, and en- 
danger the discovery of the plot, seeks to 
Garnet, (as being the superior of the Jesuits, 
and therefore of high estimation and authority 
amongst all those of the Romish religion) to 
have his judgment and resolution in conscience, 
concerning the lawfulness of the fact, tint 
thereby he might be able to give satisfaction to 
any who should in that behalf make doubt or 
scruple to go forward in that treason. And 
therefore Catesby coming to Garnet, pro- 
pounded unto him the case, and nskcth, Whe- 
ther for the good and promotion of the Catho- 
lick cause against hereticks, (the necessity of 
time and occasion so requiring) it be lawful 
or not amongst many noccnts to destroy and 
take away some innocents also. To this ques- 
tion Garnet advisedly and resolvedly answered, 
That if the advantage were greater to the 
Catholic part, by taking away some innocents 
together with many nocents, then doubtless it 
should be lawful to kill and destroy them a)!. 
And to this purpose he n Hedged a comparison 
of a town or city which was possessed hy an 
tneuiy, if at the time of taking thereof there 
happen to be some few friends within the place, 
they must undergo the fortune of the wars in the 
general and common destruction of the enemy. 
And this resolution of Garnet, the superior of 
the Jesuits, was the strongest, and the only 
bond, whereby Catesby afterwards kept and 
retained all the traitors in that so abominable 
and detestable a confederacy ; for in .March 
following, Catesby, Thomas W inter, ar.fi others, 
resolve upon the Powder-Plot : and Fuv.kesas 
being a man unknown, and withal a desperate 
person and a soldier, was resolved upon as lit 
for the executing thereof, to winch purpose he 
was in April following by Thomas Winter 
fought and fetched out of Flanders into Knglnnd. 

In May, in the ¥d year of his majesty, Catcs- 
hj, Percy, John Wright, Thomas Winter, and 
Fankes meet: And having, upon the hoh 
evangelists, taken an onth of secrecy and con- 
stancy to this effect : 

• \ou shall swear by the blessed Trinitv, 

'and by the sacrament you now mtrnosc to 

' rcrcite. never to disclose directly or indirect I v, 

• * * 

• kv word or circumstance, the matter that 

4 shall be proposed to you to keep secrc\ nor 

' desist from the execution thereof, until the 

' rest *f mil give you leave :' 

TJicy all were confessed, had absolution, and 
received thereupon the sacrament, by the hands 
of Gerrard the Jesuit then present. 

In June following, Catesby and Grecnwell 
the Jesuit confer about the Powder-Treason. 
And at Midsummer, Catesby ha\ing speech 
with Garnet of the Powder-Treason, they said, 



That it was so secret, as that it mu»t prevail 
before it could be discovered. Then Garnet 
seemed to desire that the Pope's consent might 
be obtained : but Catesby answered, That he 
took that as granted by the pope in the two 
Bulls or Brieis before ; for that, said be, if it 
were lawful not to receive, or to repel him, as 
the said Bulls or Briefs did import, then is it 
lawful also to expel or cast him out. 

Upon the 7th of July, 160), was the parlia- 
ment prorogued until the 7th of February. 
And in November following, Thomas Bates, 
being (as hath been declared more at large* in 
the former arraignment) fetched in by Catesby, 
his master, to participate in the Powder-Trea* 
son, for better assurance of his secrecy, and 
prosecution thereof, is by Green* ell the Jesuit 
confessed, encouraged, and told, That being 
for a good cause, he might and ought, not only 
conceal it as committed unto him in secret by 
his. master; but further said, That it was no 
offence at all, but justifiable and good. — About 
this time was Robert Kcyes taken into the con- 
federacy, and by Catesby resolved of the law- 
fulness thereof from the Jesuits. 

On the Uth of December, they entered the 
mine : and in March following, which was in 
1605, w as Guv Tawkcs sent over to sir William 
Stanley, with letters from Garnet to Baldwin 
the leiricr Jesuit there, to take order, That 
against the time of the blow, the forces might 
be brought near to the sea-side, to the end 
that they might suddenly be transported into 
England" And there d.>*th Pawkes, hy consent 
of the confederates, give Owen the oath of 
secrecy and perseverance, and then acquaints 
hiin with the whole treason: Who having been 
a most malicious and iin etc rate traitor, greatly 
applauded it, and nave his consent and counsel 
for the furtherance thereof. 

\\\ May 1C05, fell out certain broils in Wales 
by the/UoniMi Catholicks; at what time also 
Hoo'hMood was by Catesby acquainted with 
the Powder-Treason, ar.d resolved of the law- 
fulness of the fact by hiin as from the Jesuits. 

Now doth Gurnet write to the Pope, That 
commandment might come from his holiness, 
or else from Aquaviva the gincralof the Je- 
suits, for the staying of all commotions of the 
Catholicks here, in Knjihmd, intending indeed 
to set their v. hole rest of the Catholick ItomUh 
cause upon the Powdcr-lMo?, and in the mean 
time to lull us asleep in st airily, in renpect 
of thf ir dissembled quictne«s and t» nionnsty ; 
as also lest impediment might be oiftrtd to 
this main plot hy reason of any suspicion of the 
stirritii of PapMs, or of iuquii\ after them 
upon occasion of ae\ petty commotions or 
broils. But when he further desired, that it 
might be h> enjoined upon censures, that lat- 
ter request was not granted, lest it might in- 
deed be an impedim* ut to the Powder-Plot. 

\\\ June following doth Green well the Jesuit 
consult with Garnet lis Mipcrior, of the whole 
course of the Powder- Tieason at large; wherein 
observe the politick mid Mihtlc dea>ing of this 
Gurnet. Fir*t, he would not, as he saith, 



231] STATE TRIALS, 4 James I. 1606 Trial qf Henry Garnet, a Conspirator' [232 



confer of it with a layman, (other than Catesby 
whom he so much trusted) why so ? Because 
that might derogate from the reverence of his 
place, That a Jesuit and a superior of them, 
should openly join with laymen in cause of so 
much blood. And therefore, secondly, as he 
would consult of it with a priest and a Jesuit, 
one of his own order, and his subject ; so for 
his further security, he would consult thereof 
with ( /ret n well the Jesuit, as. in a disguised 
coufcsaioii. And being informed that the dis- 
course would be too long to repeat kneeling, he 
answered that he would consult with him of it in 
confession walking; und *o accordingly in ah 
ambulatory confession, he At large discoursed 
with him of iln» whole plot of the Powder- 
Treason ; and that a prottctor, after the blow 
given, should be cho>en out of such of the no- 
bility as should be warned and reserved. 

In this month likewise was there a great 
conference and consultation betwixt Garnet, 
Catesbv, and Francis Treshani, concerning the 
strength of the Catholicks in England, to the 
end that Garnet might by letters send direct . 
advertisement thereof to the Pope; for that his 
holiness would not be brought to shew his in- 
clination concerning any commotion or rising 
of the Catholick party, until such time as he 
should be certainly informed that they had 
sufficient and able force to prevail. 

And in August following, Garnet in a con- 
ference had ab >ut the acquainting of the Pope 
with ihe Powder-Tieason, named and appoint- 
ed sir Edmund Bay nam for to carry that mes- 
sage to the pope ; yet not to him as pope, but 
to him as a temporal prince : and by him doth 
Garnet write letters in tint beh-df; as also for 
staving of commotions, under pain of censures, 
well knowing that before his letters could be 
answered, the house of parliament, according 
to their designs, should have been blown up, 
and the whole slate overthrown. But this 
trick he used like a thief, that going to steal 
and take partridges with a setting-dog, doth 
rate his dog for. questing, or going too near, 
until he hath laid his net over them, for fear 
the game should be sprung, and the purpose 
defeated. 

In this month al*o doth Garnet write to 
Baldwin the legier Jesuit in the Low-Countries, 
in the behalf of Catesby, that Owen should 
move the marquis for a regiment of horses for 
him the said Catesby ; not with any intent, as 
it was ugteed, that Caieshv should undertake 
any such ciiargr, but that under colour of it, 
horses and other necessaries mi^ht be provided 
without Misp.rifin to furnish the triitors. 

In September followim* doth Parsons the 
Jesuit write to Garnet to know the particulars 
of the project in hand, for the journey to St. 
Winifred's well in this month, ft was but a 
jargon, to have better opportunity, by colour 
thereof, to confer and retire themselves to 
those parts. — la October doth Garnet meet the 
other traitors at Coughton in Warwick si lire, 
which was the place of rendezvous, whither 
tkey resorted out of all countries. — Upon the 



first of November, Garnet openly prayeth for 
the good success of the great action, concern- 
ing the Catholick cause in the beginning of 
the parliament : and prayer is more than con- 
sent ; for ' Nemo orat, sed <pii sperat et credit/ 
He in the prayer used two verses of a hymn, 
' Gentem auferte pe'rlidam credentium de fini- 
( bus ut Christo laudes debitas persolvauius ala- 
* enter.' 

Now was the Letter with the lord Montea- 
gle, * whose memory shall be blessed, on the 
4th of November ; hy the providence of the 
Almighty, not many hours before the Treason 
should liave been executed, was it fully disco- 
vered. 

On the 5th of November, being the time 
when the Traitors expected that their devilish 
practice should have taken effect, they con- 
vented at Duuchurch, under colour of a great 
hunting-match, appointed by sir Everard Digby, 
as being a man of quality and account there- 
about; purposing by this means to furnish 
themselves with company for their intended 
insurrection and rebellion : for that men being 
gathered together, and a tumult suddenly 
raised, the traitors thought that every or most 
of them would follow the present fortune, and 
be easily persuaded to take part with them ; 
and that they might easily surprize, the person 
of the lady Elizabeth, then being in those 
part«, in the lord Harrington's house. 

Upon the 0th of November, early in the 
morning, Catesby and the said confederates dis- 
patched Tho. Bates with a Letter to Garnet 
the superior of the Jesuits, who was (as they 
well knew) then ready at Coulton, near unto 
them, earnestly entreating his help and assist- 
ance for the raising of. Wales, and putting so 
many as he could into open rebellion. At what 
time Garnet and Greenwell (who then of pur- 
pose was there with Garnet) then certainly 
perceiving that the plot was indeed discovered, 
and knowing themselves to be the chicfest au- 
thors* thereof, prophesied the overthrow of the 
whole order of the Jesuits ; saying, that they 
feared that the discovery and miscarrying of 
this practise, would utterly undo and overthrow 
the whole society of the Jesuits. But Green- 
well the Jesuit being carried with a more vio- 
lent and fiery spirit, posteth up and down to 
incite such as he could to rise up in open re- 
bellion : and meeting in master Abington's 
hou^e with Hall, another Jesuit, adviseth him 
the said Hall likewise to lose no time, but forth- 
with to seek to raise and stir up so many as he 
could ; but Hall seeming to deliberate thereof, 
whether seeing no end of so rash an attempt, 
or feariug by that means to be himself appre- 
hended, Tesinoud told him that he was a fleg- 
matick fellow : and said, a man may herein see 
the difference betwixt a fiegntatiek man (such 
as he meant Hall was) and a cholerick, as he 
said himself was : and further added, that he 
was resolved to do his best endeavours for the 
raising of a rebellion, under this false pretext 
       

 See p. 19r, 



233] 



STATE TRIALS, 4 James I. 160G — in tlie Gunpowder Plot. 



[234 



and colour, that it was concluded that the 
throats of all the catholics In England should 
be cut; so persuading himself to incite them to 
take arms for to stand upon their guard and 
defence: and with this devise he posted away 
into ,the county of Lancaster. Afterwards 
Hall the Jesuit, otherwise called Oldcorn, being 
urged by Humphrey Littleton with the evil 
success of their intended Treason, that surely 
God was displeased and offended with such 
Moody and barbarous courses, instead of an 
bumble acknowledgment of the justice of God, 
sad a sense of the wickedness of the Treason, 
fell rather Satanically to argue for the justifica- 
tion of the same : and said, Ye must not judge 
the caose by the event ; for the eleven tribes of 
Israel were by God himself commanded to go 
and fight against Benjamin, yet were they 
twice overthrown : so Lewis of France fighting 
against ibe Turk, his army was scattered, and 
himself died of the plague : and lastly, the 
Christians defending of Rhodes, were by the 
Turks overcome. And these he applied to the 
Powder-Treason, and persuaded Littleton not 
to judge it ungodly or unlawful by the event. 

Observe here a double consequent of this 
Powder-Treason. First, open rebellion, as 
bath been shewed both immediately before, 
and more at large in the former arraignment ? 
tad since that, blasphemy in Garnet the supe- 
rior of the Jesuits ; for, he having liberty in the 
Tower to write, and sending a letter (which 
letter was openly shewed in the court before 
aim) to an acquaintance of his in the Gate- 
House, there was nothing therein to be seen 
bat ordinary matter, and for certain necessa- 
ries : but in the margin, which he made very 
great and spacious, and underneath, where 
there remained clean paper, he wrote cunningly 
with the juice of an orange, or of a lemon, to 
publish his innocency, and concerning his 
usage; and there denieth those things which 
before he had freely and voluntarily confessed : 
sad said, that for the Spanish Treason, he was 
freed by his majesty's pardon ; and as for the 
Powder Treason, he hoped for want of proof 
against him, to avoid that well enough : but 
coocludeth blasphemously, applying the words 
which were spoken of our blessed Saviour, to 
himself in this damnable Treason* and saith, 
' Xecesse est ut homo moriatur pro populo :' 
'It is necessary that one man die for the 
'people:' which words Caiaphas spake of 
Christ. Wherein note his prevarication and 
equivocation; for before the Lords Commis- 
sioners he truly and freely confessed his Trea- 
sons, being (as himself under his own hand 
confesseth) overwhelmed ' tanta nubetestimn;' 
and yet ' ad faciendum populum,' in his Letters 
which he wrote abroad, he cleareth himself of 
the Powder-Treason. And thus much con- 
cerning the two circumstances subsequent, 
which were rebellion and blasphemy. 

The Circumstances concurring, are concern- 
ing the persons both offending and offended. 
For the principal peraon offending, here at the 
bar, be is, as yon nave heard, a man of many 



names, Garnet, Wally, Darcy, Roberts, Far- 
mer, Philips : and surely I have not commonly 
known and observed a true man, that hath 
had so many false appellations : he is by 
country an Englishman, by birth a gentleman, 
by education a scholar, afterwords a corrector 
of the common law print, with Mr. Tottle the 
printer; and now is to be corrected by the 
law. He hath many gifts and endowments of 
nature, by art learned, a good linguist, and by 

f>rofession a Jesuit, and a superior, as indeed 
le is superior to all his predecessors in devilish 
Treason ; a doctor of Jesuits, that is, a doc- 
tor of five DD's, as dissimulation, deposing of 
princes, disposing of kingdoms, daunting and 
deterring of subjects, and destruction. 

Their dissimulation appeareth out of their 
doctrine of equivocation : concerning which it 
was thought fit to touch something of that 
which was more copiously delivered in the 
former arraignment, in respect of the presence 
of Garnet there, who was the superior of the 
Jesuits in England, concerning the treatise of 
equivocation seen and allowed by Garnet, and 
by Blackwell the archpriest ; wherein, under 
the pretext of the lawfulness of a mixt pro- 
position to express one part of a man's mind, 
and retain another, people are indeed taught 
not only simple- lying, but fearful and damna- 
ble blasphemy. And whereas the Jesuits ask, 
why we convict and condemn them not for 
heresy ; it is for that they will equivocate, and 
so cannot that way be tried or judged accord- 
ing to their words. 

Now for the antiquity of equivocation, it is 
indeed very old, within little more than three 
hundred years after Christ, used by Arius the 
here tick, who having in a general council been 
condemned, and then by the commandment of 
Constantine the emperor sent into exile, was 
by the said emperor, upon instant intercession 
for him, and promise of his future conformity 
to the Nicenc faith, recalled again : who re- 
turning lioine, and having before craftily set 
down in writing his heretical belief, and put it 
into his bosom, when he came into the presence 
of the emperor, and had the Nicene faith pro- 
pounded unto hiin, and was thereupon asked, 
whether he then did indeed, and so constantly 
would hold that faith, he (clapping his hand 
upon his bosom where his paper lay) answered 
and vowed that he did, and so would constant- 
ly profess and hold that faith (laying his hand 
on his bosom where the paper of his heresy 
lay) meaning fraudulently (by way of equivo- 
cation) that faith of his owu, which he ha<l 
written and carried in his bosom. 

For these Jesuits, they indeed make no vow 
of speaking truth, and yet even this equivocat- 
ing and lying is a kind of unchastity, against 
which they vow and promise : For as it hath 
been said of old, ' Cor linguae foederat natuna 
' sanctio, veluti in quodam certo connubio : 
* ergo cum dissonent cor et loquutio, senno 
' concipitur in udulterio/ That is, The law 
and sanction of nature, hath, as it were, mar- 
ried tho heart and tongue, by joining and kn}tt*» 



23j] STATE TRIALS, 4 James I. 1600*.— Trial of Henry Garnet, a Conspirator [230 



ing of them together in a certain kind of mar- 
riage ; and therefore when there is discord be- 
tween them two, the speech that proceeds 
from them, is said to be conceived in adultery, 
and he that breeds such bastard-children of- 
fends against chastity. 

But note the heavy and woeful fruit of this 
doctrine of equivocation : Francis Tie^ham be- 
ing near hi* natural death in the Tower, had of 
charity his wife permitted, for his comfort, to '' 
come unto him : Who understanding that her 
.husband had before directly and truly accused 
Garnet of the Spanish treason, lest belike her 
husband should depart this life with a coiisri- ' 
cuce that he had revealed any thing concerning ! 
the superior of the Jesuits, a very little befoie ! 
he died, drew him to this ; that his own hand 
being so feeble as that he could not write him- 
self,' yet he caused his servant then attending 
on him, to write that which he did dictate, and 
therein protested upon his salvation, That he 
had not seen the said Garnet of 16 years he- 
fore, and thereupon prayed that his former con- 
fession to the contrary might in no wise take 
place; and that this paper of his retractation 
which he had weakly and dyingly subscribed, 
might, after his death, be delivered to the carl 
of Salisbury : Whereas master Garnet himself 
hath clearly confessed the Spanish treason, and 
now acknowledged the same at the bar ; and 
he and Mrs. Fawkes, and others, directly con- 
fess and say, That Garnet and Troluin had, 
within two years space, been very often t-;iie- 
ther, and also many times before : Hut, ' quSis 
' vita, finis ita.' And ('timet himself, being at 
the bar afterwards urged to miv what he thought 
of such the departure of Francis Tresham out 
of this life, answered only this ; I think he 
meant to equivocate. 

Thus were they stained with their own works, 
and went a whoring with their own inventions, 
as it is in the psalm. So that thi-, is indeed 
* Gens perfidn/ according to the hymn, A 
perfidious people; and tucrcfoic, 'Jurat? 
' credc minus, non jurat? credere noli. Jurat, 
' non jurat ho.-tis, ah h:»te ciw:.' 

For l heir doctrine of deposing of prince*, Si- 
manca and Philoputcr are plain, as tiatli in the 
former arraignment been more amply declared, 
and was now again at largo to Garnet's face 
repeated: If a prince bean heretick, then is 
he excommunicated, cursed, and deposed ; his 
children deprived of all thejr right of succes- 
sion, himself not to be restored to his temporal 
estate upon repentance. And by an heretick, 
they profess, that ho i; intended and meant, 
namely, whosoever dolh not hold the religion 
of the church of Rome. Nov, there is an 
easier and more expedite way than all these to 
fetch olf the crown from oil* the head of any 
king christened whatsoever; which is this 
.Thai ' Princept indulgcndo luereticis, amittit 
mmmmm. * it nny prince shall but tolerate or 

eth his kingdom. Nay, 
of this usurped 
-f Rome, oUcdged, 
ft^ decretals; in 



the very next title before that, there is ano- 
ther decree that pusseth all w e have recited ; 
wherein it i* shewed, that Zacharv the pope 
deposed Childerick of France, for nothing else 
l!ie r " specified, ' sed quia inutilis,* but only for 
thai he was reputed unprofitable to govern. 

Now pr onccrning their daunting aud de- 
terring of subject?, w l.ich is a part of the Je- 
suits profession ; it weie good that they would 
know and Mile nber, how that the most noble 
and famous kin sis of 1 -upland never were afraid 
of pope** bulls, no nor in the very midnight of 
popery, as Kdwi.rd the Con lessor, Henry 1, 
Edward 1, Uichard -2, Henry -1, Henry 5. cVc. 
And in the tinu- <.l' Henry 7, and in all theif 
times, the pope's legate never passed Calais, 
hut staid thee, aud came not to England, un- 
til he had taken a solemn oath to do nothing to 
the detriment of the crown or state. 

For the Persons offended, they were these : 
1. The King, of win mi 1 have spoken often, 
but never enough : A king of hi-ih and most 
noble ancient descent, as hath been briefly de- 
clared ; and in himself full of all imperial vir- 
tues, religion, justice, clemency, learning, wis- 
dom, memory, affability, and the rest. 2. The 
Queen ; and she, in rtspi ct or her happy fruit- 
fulness, is a great blessing, insomuch that of 
her f in that respect, may be said, she is * Ortu, 

* magna, viro major, sed maxima prole ;* great 
in birth, greater in her marriage, but to all 
poMcrity greatest, in the blessed fruit of her 
womb, as having brought forth the greatest 
prince that ever England had. 3. The noble 
Prince, of whom we may say, with the poet, 
' Qua? te tain lwta tulcrc secula ? Qui tanti ta- 

* h:m genucre parentes ?' Never prince, true 
lit-hxippurent to the imperial crown, had such 
a father, nor ever king hail such a sou. 4. 
Then the whole royal issue, the council, the no- 
bility, the clergy, nay our religion itself, and es- 
pecially this city of London, that i«> famous for 
her richer, more famous for her people, having 
above 500,000 soul* within her and her liber* 
ties, most famous for her fidelity, and more 
than most famous of all the cities in the world 
for her true religiuii aud ten ice of (rod : Hold 
up thy head, noble city, aud advance thvself, 
for that never was thv brow blotted with the 
least taint or touch, or suspicion of disloyalty : 
Thou mavost truly say with the j*rophet David, 
' I will take no wicked thing in hand, I ha^e 

* the sin of unfaithfulm v, there shall no such 
' cleave unto me.' Therefore lor thy fidelity 
thou art honoured with the title of 'The King's 
Chamber/ as mi inward place of hi* greatest 
safety : And for thv comfort and jov tuis dav. 
hath Britain's great kin.; honoured thee with 
the proceeding up»»n thi- great and honourable 
commission: nib r the heaw aud doleful ru- 
rnnurs this other da;-, when it wa> ccitainly 
known that king James wn3 in safety, well did 
the fidelity of this city appear, (whereof I was 
an eye-witness) • Una voce cone lainaverunt 
' omnes, snlva Jjondinum, sulva patria, salva 
1 rcligjo, Jacobus rex noster salvus ;* * Our 

* city, our country, our religion is safe, for our 
' king James is in safety J 



337] STATE TRIALS, 4 James I. 1606.— in tlie Gunpowder Plot. [23$ 

The Observations arc many, and only in a 2. The second thing is, How this Treason 
word to be touched : 1. That in the Spanish being long sitbence plotted, the Providence 
treason before-mentioned, and this * Powder- of God did continually from time to time divert 
treason, there was the same Order, Cause and aud put off the executing thereof, by unex- 
Eod. The Order was, first, to deal by secret pected putting oiV the times of assembly in 
practice and treusou, and then by force and in- pailiaraen*. For the parliament began the 19th 
Tasion. The Cause which they pretend, was of March, in the first year of his majesty's 
the Romish Catholick Religion. The End was feign, and continued till the 7th of July iollow- 
the final destruction of the royal succession, ing, before which time the conspirators could 
yea, even < occidere rognnm,' to overthrow and not be ready, from thence it was prorogued 
dissolve the whole kingdom. 2. Note, that e\ en until the 7th of Feb. against which time they 
the enemy hath acknowledged, that our state is could not make the mine ready, in respect that 
» settled and established, as neither strength they could not dig there, for that the commis~ 
nor stratagem "can prevail, unless there be a sioners of the union sat near the, place, and the 
party made in England. 3. We shall never wall was thick, and therefore they could not be 
lave Bull more to come from Rome to Eng- provided before the 7th of Feb. ; and on the 
and, because they shall never have a party 7th of Feb. the parliament was prorogued until 
itroiig enough to encounter with so many lions, the 5th of October. After this, they found 
4. All their canons, decrees, and new-found another course, and altered the place from the 
doctrines tend to one of these two ends; either mine to the cellar. O blessed change of so 
worldly pride, or wicked policy ; for the am- wicked a work ! Oh ! but these fatal engineer* 
plitude and enlargement of the pope's autho- are not yet discovered, and yet all things are 
rity, and for the safety of the Jesuits, priests, prepared. Oh prorogue it once more f And 
Ace. 5. Obsen e that Baynam, a layman, ami accordingly, God put it into his majesty's heart 
one of the damned crew, and so naming him- (having then not the least suspicion of any 
self, was sent to inform the pope as a temporal such matter) to prorogue the parliament ; and 
prince. 6. I conceive their fall to be near at further, to open and enlighten liis understand - 
hand, both by divinity and by philosophy. For iug, out of a mystical and dark letter, like an 
the first, there are now in England about 400 angel of God, to point to the cellar, and coin- 
priests : so many were there in Israel in the mand that to be searched ; so that it was dis- 
days of Ahab; < Who/ snith God, * shall go covered thus miraculously, but even a few 
and deceive Ahab, that he may fall V A lying hours before the design should hare been 
spirit in the mouths of his 400 prophets under- executed. 

took and effected it ; their fall was near, when The Conclusion thereof shall be this ; * Qui 

once a lying spirit had possessed the priests, 'cum Jesu ids, non itis cum Jesuiiis:' For, 

according to the vision of Micheas, as it now ' They encourage themselves in mischief, and 

hath possessed the Jesuits : 2dly, the imitation 'commune among themselves secretly, how 

of good for the most part comes short of the ' they may lay snares, and say, that no man 

pattern ; but the imitation of evil ever exceeds ( shall sec them. But God shall suddenly shoot 

toe example. Now no imitation can exceed ' at them with a swift arrow, that they shall bo 

this fact, and therefore their time is at an end. ' wounded: insomuch that whoso sccth it shall 

7. Many condemn it now, that would hate ' ssjy, this hath God done; for ihey shall per- 

commended it, if it had taken effect ; for this, ' ceivethat itis his work/ 

mj thev, is * E numero eorum quae non laudan- Tl * „ , _, c c - 

*'•■'' _• > o in i' i • II , j hen were repeated the proofs for every of 

tor nisi peracta. 8. They and their adherents ., ^ • , r .. * . . . J . 

a *L i c i J *i l *i i • the particular accusations aforesaid, by the 

spread abroad false rumours ; as that the kim; r , , . r ..' r / 

T , , , . , *. . . express and voluntary confessions of Garnet, 

Mould nave broken promise with them concern- \ cl i- *i i i r. 

 . • „' i- i • . r/« i« and of his comnlices themselves, and of two 

Ac toleration : m hich mixture of God s service, ,-, , . .. .' , . 

"T* „. , i i ir l iii credible witnesses sworn at the bar- and openly 

ruber than he would sillier, he wou'd lose. , , _ . _ ^ , , . . J , * J 

. .. ... , ,. y x - .• heard viva voce, and acknowledge! by Garnet 

children, crown, lite, and all. Nay, they may ,■ , r# , '  , f- J 

. ' . ,i , - r • . ' , * J himself to be men without exception, 

tee there i* no such liope lefr, for tir.it his ma- * 

jetty bringcth uji his royal i-sne iu the true Then Mr. Garnet having licence of the 

fthgion and service of the Almighty. court to answer what he could for himself, 

Lastly; Observe the wonderful Providence spake, and divided all which had been objected, 

of God in the'a(hnirable Discovery of this S*i- to his remembrance, into four parts, vi/. Con* 

perior Jesuit to be party to thi* Treason ; aud toining matter of, 1st, Doctrine. 2dly, Kocu- 

that in two respects: 1. In rc>pe't of tin; suits 3dly, Jesuits* in general. 4thly, Himself 

Beans of secrecy, used by him in conference in pellicular. 

only with C:ittsby of the laitv. U. They had r-r, In Doctrine, he remembered two points: 

* ttroug and a deep oath giwn them both for 1. Conccrnm*: lOjui vocation : whercunto he 

secrecy and perseverance. 3. Th'-y hereupon answered, That their church condemned nil 

feceived the holy .Sacrament. 4. They were lying, hut especially if it be in cause of religion 

allowed and taught bv the Jesuits, to equivocate and faith, that being the most pernicious lye 

■pon oath, salvation or otherwise: and ho-v of al! others and by St. AiiL'Ustinc rnndeinned 

u>n should it be discovered ? 5. Their svcrel in the ITiM;ialliaiii>l? : nay, to l\e in any 

intelligence was such, as that it was impossible cmi^u is' held a sin and cwl ; howsoever of 

by the wit of wail to be found out. And ei^ht degrees which St. Au^ustiue znakcth, the 

therefore, 



lowest indeed is to lye for to procure the good 
of some, without hurting of any. So then our 
equivocation is not to maintain lying, but to 
defend the u»e of certain propositions : for a 
man may be asked of one, who hath no autho- 
rity to interrogate, or examined concerning 
something which belongeth not to his cogni- 
zance who asketh, as what a man thinketh, 
cVc. So then no man may equivocate, when he 
ought to tell the truth, otherwise he may. And 
so St. Augustine upon John saith, That Christ 
denied he knew the day of judgment, viz. with 
purpose to tell it to his disciples ; and so St. 
Thomas and others who handle this matter, 
chiefly under the title of Confession. 

2. For the second point, which was the 
power of the pope in deposing of princes, his 
Answer was threefold. 1. That therein he 
only propounded and followed the general doc- 
trine of the church. 2. That this doctrine of 
the power of the pope, was by all other Catho- 
lick princes tolerated without grievance. 3. 
That yet for his own part, he always made a 
difference in the matter of excommunicating 
and deposing of princes, betwixt the condition 
and state of our king and of others, who having 
sometimes been Catholicks, did or shall after- 
wards full back. As for Simanca, and other 
writers, whatsoever they' set down of the de- 
posing of hereticks, it is to be understood of 
those princes, who, having sometimes professed 
the faith of the Church of Rome, do after- 
wards make a defection from the same. 

2dly, For Recusants ; 1 . I desire them not 
to impute any offence or crime of mine, to the 
prejudice of the cause of religion. 2. Con- 
cerning their not going to church ; whereas it 
was urged by Mr. Attorney, that the ground 
of their not going to church, was the excommu-. 
nication and Bull of Pius Quint us; and that 
now they may go, for that his majesty is not 
denounced excommunicate : I answer, That it 
followeth not ; for the Arians and Catholicks 
had the same service in their churches, yet 
came they not together; and I know divers 
myself, who, before that Bull, refused to go to 
church all the time of (juecn Elizabeth, though 
perhaps most Catholicks did indeed go to 
church before. It was about the end of the 
council of Trent, where this matter was dis- 
cussed by twelve learned men, and concluded 
not lawful. And this was occasioned, for that 
Calvin himself held it not lawful fur any Pro- 
tectant to be present, not only nt our muss, 
wherein perhaps they may say there is idolatry, 
but not at our even-song, being the same with 
theirs. 

Sdly, Concerning the Jesuits, he said, That 
if any were privy to such horjible treasons, 
it was impious, especially in men of their pro- 
fession : but said, that he talked with some of 
them about it, and that they denied it. 

4thly, Touching myself, The Negotiation 
into Spain was indeed propounded unto me, 
and I was also acquainted with the negotiation 
for money, but ever intended it should be be- 
stowed for the relief of poor Catholicks : but 



-Trial of Henry Garnet,, a Conspirator [240 

when they were tliere, they moved for an army ; 
which when they afterwards acquainted mo 
withal, I«raisliked it, and said, it would be 
much disliked at Rome : only I must needs 
confess I did conceal it after the example of 
Chris*-, who commands us, when our brother 
offends, to reprove him, for if he do amend, we 
have gained him ; yet I must needs confess, 
that the laws made against such concealing, are 
very good and just, for it is not fit the safety of 
a prince should depend upon any other man's 
conscience. So that I am verily persuaded, if 
they yielded to me, it had been good : but what 
their intent and meaning was, in desiring an 
army, I knew not, and I was charged not to 
meddle therein, no not with the money which 
was to be sent for pensions, though it was to 
maintain the Title of the king. 

The Earl of Salisbury then demanded, To 
maintain whose Title ? 

Garnet answered, The Title of the king of 
Spain. 

The earl of Northampton asked him, Why he 
did not oppose himself against it, and forbid it, 
as he mi^ht have done ? For ' Qui cum possit 
' non prohibet, jubet.' 

Whereupon G arnct answered, That he might 
not do it : and for sending of letters, and com- 
mending some persons thereby, he confessed 
he did it often, as thev were commended to 
him without knowing either their purposes, or 
some of their persons ; for he never knew Mr. 
Wright, for whom he writ. 

The earl of Salisbury then replied to Garnet, 
I must now remember you, how little any of 
your answers can make tor your purpose, when 
you would seek to colour your dealing with 
Baynam, by professing to write to Rome to 
procure a countermand of conspiracies; and 
yet you know, when he took his journey to- 
wards Rome, the blow must needs have been 
passed, before the time he could have arrived 
to the pope's presence, (such being your leal 
and his haste for any such prevention) as it was 
about the 20th of our October when he passed 
by Florence towards Rome. 

To which Garnet made no great answer, but 
let it pass : and then went on with his Defence 
of sending Letters in commendation of many 
of those with which he hud been formerly 
charged, and so confessed that he had written 
commendation of Fawkes, thinking that he 
went to serve as a soldier, not knowing then of 
any other purpose he had in hand. And as for 
sir Edmund Baynam, what lie or Mr. Catesby 
intended, he knew not in parjiculnr; only Mr. 
Cutesby asked him in generul, the question of 
the lawfulness to destroy innocents with no- 
rm ts, ns had been before objected against 
him ; which at first, I thought, said Garnet, 
had been an idle question, though afterwards 
I did verily think, he intended something that 
was not good. Whereupon having shortly after 
this, received letters from Rome, to prohibit all 
insurrections intended by Catholicks, which 
might perturb this state; Garnet informed 
Cutesby thereof! and told him, That if he pro- 



24!] 



STATE TRIALS, * James I. 1606.— in tfc Gunpowder Plot. 



[24* 



eeeded against the pope's will, he could not 
prevail : but Cntesht refused and said, lie would 
not take notice of tlie pope's pleasure by him. 
Notwithstanding, he shewed to Catesby the 
general letter which lie had received from 
Rome, but said he would inform the pope, and 
tell Garnet also in particular, wlr.it attempt he 
had in hand, if he would hear it; which after- 
wards he offered to do, hut Gnrntt refused 
to hear him, and at two several times re- 
quested him to certify the pope what he in- 
tended to do. 

And when sir Edmund Baynain (as he pro- 
tended) was to go over into Flanders for a sol- 
dier, Garnet thought good to send him to the 
pope's nuncio, and to commend him to other 
friends of his, that they sliould send him to in- 
form the pope of the distressed estate of Catho- 
licks in England : the rather, that the pope 
having a lay-mon there, might be acquainted 
with all their proceedings; and that Bayoam 
might then learn of the pope, what course he 
would advise the Catholicks in England to take 
for their own good : but wished Baynain in no 
case f» use Garnet's name to the nuncio in 
that behalf. . 

Then were the two Witnesses called for ; 
both of them persons of good estimation, that 
wer-beard tlie interlocution betwixt Garnet 
and Hall the Jesuit, viz. Mr. Fauset n man 
learned and a justice of peace, and Mr. Jx>ck- 
erson. But Mr. Fauset being not present, was 
«ent for to appear; and in the mean time Mr. 
Lockerson, who being deposed before Garnet, 
delivered upon h\> oath, that they heard Garnet 
say to JIall, They will charge me with my 
Prayer for the good success of the ptvat action, 
m the beginning of the Parliament, and with 
J be Veibts which I added in the cud of my 
Fiayer : 

' Gentem nufertc pcrfidam 
' Credeiititini de hnihus 
' I?t Chriato luudts dchitas 
' Persoivamtis alacriter.' 
ft is true,* indeed, said Garnet, that I prayed 
for tlie good success of that great action ; but I 
wjII tell thorn, that I infant it in respect of 
some sharper laws, which I feared they would 
then makengainsti.'atholickb: and that answer 
shall serve well enough. 

Here Garnet replied, that for tlie two gen- 
tlemen that haird the Interlocution, he would 
not charge them with perjury, because he knew 
flicm to be honest men ; yet l»e thought they 
did mistake some things, though in the sub- 
stantial parts, he confessed, he could not deny 
their relation. And for the main Plot, he oou- 
fe»ed, that he was therewithal acquainted by 
Green well particularly ; and that Green well 
c-uii* perplexed unto nim to njieii something, 
which Mr. Cateshy with divers others intended : 
to whom he said, He was contented to hear 
by him what it was, so as he would not he nc- 
knowa to Mr.' Catesby, or to any other, that 
be wa* made privy to it. Whereupon father 
GreenweH tild him the whole IMor, and all the 
particulars ibereof, with which lie protested 
vol. ii. 



that he was very much distempered, and could 
never sleep quietly afterwards, but sometimes 
prayed to God, that it should not take effect. 

lo that the earl of Salisbury replied, That 
he should do well to speak clearly of his devo- 
tion in tbat point; for otherwise he must put 
him in remembrance, that he had confessed to 
the lords, tliat he had offered sacrifice to God 
for stay of that plot, unless it were for the good 
of the Catholic cause ; nod in no other fashion 
(said his lordship) was this state beholden to 
vou for vour masses and oblations. Adding 
thus much farther, That he wondered why lie 
would not write to his superior Aquaviva, as 
well of this particular Powder-Treason, as to 
procure prohibition for other smaller matters. 

Garnet faintly answered, he might not dis- 
close it to any, because it was matter of secret 
confession, and would endanger the life of di- 
vers men. 

Whereanto the earl of Northampton replied. 
That that matter of confession, which before be 
refused to confess, because he would save lives, 
he confessed it now to endanger his own life ; 
and therefore his former answer was idle and 
frivolous. 

Then Garnet told the lords, That he com- 
manded Green well to dissuade Catesby, which 
he thought he did ; and if Catesby had come 
to hrm upon Alhullow-day, he thought he could 
so for have ruled him, as he would have been 
persuaded to desist. 

Then said the c.irl of Salisbury, Why did 
yon refuse to hear Cate»by tell you all the par- 
ticulars, when he would have told you, if you 
had been desirous to prevent It? 

Garnet replied, That after Green well had 
told him what it was which Catesby intended, 
and tliat he called to mind what l.ate^by said 
to him, at his first breaking with him in general 
terms, his soul was so troubled with misiike 
of that particular, as lie was loth to hear any 
more of it. 

Well then, said the ear! of Salisbury, you 
see his heart: and then turning to the Lords 
Commissioners, he desired leave of them, that 
he might use some speech concerning the pro- 
ceeding of the state in this great cause, from tl.e 
first beginning until that hour; and so be pin 
to this effect: That although the evidence had 
lK?en so well distributed and opened by Mr. 
Attorney* as he hail never heard such a mass 
of matter better contracted, nor made more in- 
telligible to the Jurv, to whom it was not his 
part to speak, nor his purpose to meddle with 
Mr. Garnet in ditinity, or in the doctrine c:f 
equivocation, in which latter he saw how he 
hud played his mastcr-prr/e; yet because he 
had been particularly used in this sen ice with 
other of the Lords Commissioners, by whom 
nothing was more desired, next the gloiy of 
(rod, than to demonstrate to the word, w.th 
whit sincerity and moderation his majesty's 
justice was carried in all points, ho would be 
bold to say *-. me what ot the maimer of this ar- 
raignment, and of the place where it was ap- 
pointed. For tlie first, he said, Tliat seeing 

R 



2i3] STATE TRIALS, \ James 1. 1(306.- 

thcrc. was nothing to which thi* state might ' 
morr ultribulc the infinite uooduess and bless- ' 
injjs ot (ioil, than to the [> rot ret ion of the true I 
religion, which had p-oumd m> lon«i under (he . 
bitter pernvutions of men of his profession ; ' 
he con fessed, that he hi Id himself greatly ho- | 
uomed, to be an assistant amount so many ' 
great lords at the seat of justice, where God's 
c> use should reecho so much honour, by dis- 
crediting the person of Garnet, on whom the 
common adversury had thought to confer the 
usurpation of such an eminent jurisdiction: 
for otherwise, wlio did not know, uint the qua- 
lity of poor Henry Garnet might hate under- 
tone a more ordinary form of trial, and haply 
to some other place of lev* note and ohservu- 
Uon ? And <o his lordship tin»k au occasion to 
declare. That the city of London was so dear 
to the kh'£« ami his majesty so desirous to give 
it all honour ami comfort, as win n tins oppor- 
tunity wa» pat into his hands, whereby there 
lm^ht he made so Msihle an anatomy ot popish 
doctrine, from whence tlicse t(casou> ka\e their 
source and >upport, lie thought he could uot 
rhusc a fitter sta^e than the city of London, 
which was not orlv n^htlv termed, • The 
Chamber of li.s F.iupire/ but was by his ma- 
jesty esteemed as his greatest and safest trea- 
»uiy ; who iKvountctn no riches comparable 
to his suh'uv.s he ins, and acknowledccth that 
such a circuit did ueicr contain x> many faith- 
fel subjects w:th:ti the walls: a matter well ap- 
pe.u:nc to his own eves am."!^: others, upon 
i.:c decease \:i the Ia:e queen of precious me- 
iii»-\, when he uueminj; most of »he pier* and 
pn\wv»ui' severs v f th > ki^v/n. wK» were 
wcomjMir.e.i w:;hi. * >ma:i i.umL-«r of nobie 
a:u: :a ;t h:\il ten tleinu:, !-a-i set » ihtiu ;u» stated 
t*.v»r.i e;.Cr\ n.L:;i[;'v £.i:«-* .•?" :!:> c::\, uut;i 
tavy »:.wi puKvkiy licciariM w.;l: ore %o:Ci-. 
that they w r..L\i .-.\i- ,i : :J. u.i «::;i :re *.;ii£ • ■;:.- 
soierc i".*. l.w:. IV \ju, tti« :\.vrt. Mr. Got;-*:, 
(sj:.; i: e eari of \l:v .:;\ ::■■.>: I .>u ; re-»* n/.*- 
s*-.\ .> : e :ua". ir. whom it J^pcrv:;. '. e>; Wi«." 
h-»r.il. % :.eo,v.-..s Lne i*e< : t'jie-'ivi ;..»..;* r tie 
i...i.::.e .»:' rei i.o;». wh.ch tcre: *:»rv rau i«*.:: 
Y+'.'* i.*tivu :' .- -i r-'iov : :o :.-**e a,.7.r.;-.£«L 
%h:."-.: .ia:S L\.%.: :. e :.:u:.«:^ ■•:" ruLs* tcc^ue*. 
»r.o n^\e .iiw;.y> s^'-.'iU :o j.r-'te ih* trut.T .i 
Wj". Of *.•<£■• uiLHice:-: o.i.u" , .:i.e* :' e sca:«t 
■-> sc :t-/J-r, .-.* j.^j »f.» ;•*< %j^w. M~ C : -u-::w'C. . 
t..»i; "...ex \ ■*.-' .ij?;tx:. ■*;•>. '■■.<»*•: : . Vi>-iCi. 

*   

t.-—;. ^e "»%■■•.. :■«:*.•.. ji»e i«:\" j* »ei. ji> 
te:o.'^ *"  jxv.:.. .*: ^  ^.-. . -» a ■.:...>(.- 

el:— i. I" : v -v. .-■ ■■. -S1.J  .. . 

Wtfu r.i:^r. sue :lu: eu." „ -"*;■ :w s:.m ^l ■:•.»■ 
Cruie uC F. k ;u;vvcaL:i:a t'«. ;i.*i"\'.i: < a::-: y.nr 
kaffdnm* of o«nrc :.« aeuy a l:\».-^> . u: .; j^c 
ke fixseoOKV. that rib» ;u:tr..'cuL..*: :i ^:u.> 
aucvfttfiuil by ^cr\ j,j.-i.i£.u> v.' ?« 
*• J)m z im CDdirbi Oua :^t jwmte HiUi« 

i 



"Trial qf Hairy Garnet, a Conspirator \2\4 

roust have tx.'eii discovered otherwise by vio- 
lence and coercion^ a matter ordiu:\ry <n other 
kingdoms, tliough now for horn here : but k is 
better as it is, tor the honour of the state, for 
sou ere your own words, that you thought it 
U'st to tell the truth at last, when you saw you 
were conioimded tanta huIh list turn. In which 
1 protest, that 1 do confidently assure myself, 
that \ou would us easilv liaie confessed vour- 
self to be the author of all the action, us the 
concealer, but tit at his majesty and my lords 
were well contented to draw all from vou 
without racking, or any such bitter torments. 

Then shaking to Garnet, lie said ; I pray 
you, .Mr. Garnet, what encouraged Catesby 
that lie ini^ht proceed, hut your revolt hu; hiui 
in the first proportion : What warranted 
Fa wkes Dul Gatesby's explication of Garnei's 
arguments? as appears infallibly by Winter's 
confession, and by Fa wkes, that they knew the 
poiut had lu en resolved to Mr. Caiesby, by 
the best ui>ti.uii;y. 

Then Gurnet answered. That Mr. Catesby 
was to LUine to make >uch application. 

To thai me V-arl rc-pi.td, 'liiat he must needs 
be buid witli liim, to drue I; in from the trust 
he had, to satisfy t!ie world by ius denials, by 
puttir^ hiiu in mind, how alter the interlocu- 
tion bctnixt Inn and Lia*!, \M.tn he wascailed 
before all the k-rds. and wa^ asktni. not what 
he said, but w he: her ll.iii aiai he had confe- 
rence together. dos.:ir.j h.m n »t to equ a .\ix:ate ; 
how st nil \ he dcuieii •( upoh in? »c.;i. reicerat- 
vaz it wi;h s:i m.i:i_\ i.ii.:e?tat .t e\tcr.\tiOiia, as 
the edr\ said. •: n. % inu i V v r hear; 5 to taar 
hint ; uim \i: as >k,.i a> 11.-... ha.; c«tu't>s<d it. 

* 

he crew a*r:?.4iied, cr:t«i : o L^ro's u<er«.y. ard 
sa;u. i«e hua o:;'c: a .-.ieJ l it iMuirocatiwa *i«i :ivt 
i.t.p Vuiu. 

i .» si.:* (:*•■".: ?: -■•■c/v.i. T::a: "'/.i:; one is 
.*.««ed a iy.:c>:.»»i: her. ■»«. a iL.A^;scri*:e. ::e w-i* 
;; ■: to ■.:■■. i t > a; ; vu: L«.:" re >^i_ie wi:;;iice* fK.» 
pr.H.iuce»: a^ ■:■:•: n :*;. * ^u:.& r.-r*i» te.ut^r 

* j;- v.«re '..:*..■: .' Irrt -. Oarr.^t :uli.:*j ;. •■• 
*»::::•: ev ifo.-.-;.* ■:•: k.:» ««..-wi^:r.£to t.s !::a- 
je»ty. .-.r.t r-e:^ ^ :z ^'. u^:u  ;" :i^e aiis*<r :.e 
li; .*.:«. c-v.cfi: - : « :;.e e^^-:r.:nu.*.CiLL.?.- c-: *:'".>, 
»;:*Tt:: r* re.ci-reti i.:ui>^.: : ■» :;-e c:>ri<>a '.»f 

* N s 5ac.c: j rue—" :* a:iv cixu. ::.-t iiiS a«a- 

1 !jcu :*.e >j«l kf Sai «l^rv ijioe i iiu de^j 
c.x -lv. f;r :". . * ■*« : e :. r:. "^ ..*::.«:■ in co.*e 

*:■■ l--.:..*c ;:.e *..'i's n. « ^>;y or i.ireat B* - *- 
:.i..:, : > --i f.;-? Av,-; r. w, : ;... c i : .,iLt :atrir 

»« 11 «: -,"e »-^.' uJ*.4 ■.'".'* Tc>a« , l It.*. r»<> ' * ':*£ oj 

> « . '. :'. . > * . . " : .■."■>.■ ,'.»i w '"ve, . 'Cx ,-c*o s 
;_z:c. r - ■•-..• fc .: j.. v. a., c.wi? »«. - ? r.: icd*a to 

3<^ >:."■; -^V > ... CvjS^". l~Jl »J> 1" : c- <tL.ess 

: -:»i jr. .:«..: . : .■■-«.. :*i> a-j.-i^.-. ~<%u*i be 
z»+ Ls*»: ' :iu. 4 \i\ •■ j.. e -«:'•. ■..■■.■■ a;. • -a. b«- 

-caL* .: fc-^ai::- ' w e ^*<*.:*> -.^li- ; ard 
»dtfii Je ;::-iersc..v"v: z a; cce p'|.«. ^a«i ccjS£«v1 



215] 



STATE TRIAU5, Uames I. 1006.— in the Gunpowder l>lot. 



[246 



To that it was said, That belike the pope 
chinged his mind, when the king was so safely 
possessed of his estate, and Garnet with his 
complices began lo feel their own impiety, and 
so as Catesby said to Percy, did resolve roundly 
of that Treason, which would speed all at 
once. 

Then Garnet began to use some Speeches 
that lie was nut consenting to the Powder-Trea- 
son. Whereupon tlie earl of Salisbury said, 
Mr. Garnet, give me but one argument that 
j'ju were not consenting to it, that can hold in 
any indifferent man's ear or sense, besides your 
bare negative, but Garnet replied not. 

Then Air. Attoruey-Gtneral spake in answer 
to Garnet more particularly, to this effect : 

1. For Equivocal i hi, it is true indeed, that 
they do outwardly to the world condemn lying 
aud perjury, because the contrary were too pal- 
pable, and would make them odious to all men : 
But it is open and broad lying and forswearing, 
oot secret and close lying and perjury, or sweur- 
iag a tukhood, which is most abominable, and 
without defence or example. And if they allow 
it not generally in others, yet at least in them- 
selves, their confederates and associates in trea- 
sonable practices they will both warrant and 
defend it, especially when it may serve their 
turn for such purposes and ends as they look 
after. 

2. Concerning the usurped power of the pope 
iu deposing of princes ; neither is it the general 
doctriue of the church, as he falsly said, neither 
allowed or tolerated by all princes, who are 
otherwise of their religion, as may appear out of 
the French discourse written to the French king 
against the re-adtnittiug of the Jesuitical fac- 
tion. And whereas he would pick-a-thanke in 
seeming to spare and exempt king James our 
sovereign, it is not possible to avoid thoir dis- 
tinction of being excommunicated de jure if 
not de facto, howsoever it be true also, thai the 
pope doth de Jucto curse all hereticks. For 
recusants not going to church, the example of 
i lie Catholicks not joining in service and prayer 
with the A nans, who denied u main article of 
ihc Christian creed, doth no ways hold, neither 
can it agree to us, of w horn no such impious blas- 
phemy can be shewed or imagined. That 
Garnet said, he knew tome, who before the bull 
came, went nob to church, it may be true per- 
haps in some one or two perverted and perverse 
men like himself; but whereas he produced the 
council of Trent, as if tliere the matter had 
been determined, and thereupon inferreth, that 
after that all Romish Catholicks refused to 
meet with us at Church in time of prayer, it is 
a gross error : fur the last session of that coun- 
cil was in the year of our Lord 1563, which 
was in the fifth year of queen Klizabeth ; 
whereas I shewed, and am able to justify and 
prove, That their Romish English Catholicks 
caue to our set vice in our churches until the 
uineteenth year of her majesty, which was many 
years niter that council was ended. 

Concerning Garnet hinuelf; 1st, For that 
answer of his, That he knew of the Powder- 



Treason by confession, it is true which before 
was spoken, that such acts as this is, Nan laud- 
antur nisi per act a, are then only commended, 
when they are performed : but otherwise, first, 
Green well*s was no sacramental confession, foi 
that the con fi tent wa& not penitent : nay, 
himself hath clearly delivered under his hand 
that the Powder-Treasou was told him, not 
as a fault, but by wuy of consultation and 
advice. 2dly, It was a future thing to be 
done, and not already then executed. 3dlv, 
Greenwell told it not of himself, that he should 
do it, but of Fawkes, Percy, Catesby, Winter, 
and others; and therefoie he ought to have 
discovered them, for that thev were no conn- 
tents. 4thlv, lie might and ought to have dis- 
covered the mischief, far preservation of the 
state, though he had concealed the persons. 
5thly, Catesby told it unto him extra confes- 
sionem f out of confession ; saying, they might 
as well turn him out, as have kept him out. 
Lastly, By the common law, howsoever it were 
(it being crimen hcta Majcstatis) be ought to 
have disclosed it. 

Now, for that Garnet denied that he was a 
principal author and procurer of this Treason, 
but only that he had received knowledge there- 
of; th?, contrary is clear and manifest, both 
out of his own confessions, by himself acknow- 
ledged, and apparently proved, in that he re- 
solved Cateshy concerning the lawfulness and 
merit thereof, and that he prayed for the good 
success of the Powder-Treason, which is more 
than either consultation or consent. Besides, 
he must remember him of the oid versicle, 

* Qui non prohibet quod prohibere potest cou- 
' scutire \idetur.* Garnet might have com- 
manded Greenwell, that told him of the Pow- 
der-Treason, to have desisted, but did not : But 
Greenwell went still on with the Treason, and 
when it was disclosed, went into the country to 
move rebellion, which doubtless he would never 
have done, if Garnet had forbidden him ; 
therefore, he said, he might say with the orator 
Tuliy, ( Cui adsunt testimonia rerum, quid 

* opus, est verbis?' Moreover, Mr. Attorney 
added, how Garnet writ first for Thomas Winter, 
then for Kit Wright, after that for Guy Fawkes, 
then for sir Edward Bayuam, and afterwards 
for Catesby, for a regiment of horse; and that 
Garnet was for the Infanta, and by his briefs 
intended to keep out the king, except he should 
tolerate and swear to maintain the Romish 
religion. 

Then Mr. Attorney spake of the Interlocu- 
tion hctwi:vt Garnet anil Hall, and said, That 
in all their speeches they never named God, 
nor confessed their innocency : But as soon as 
they spake together, Hall spake first ; and then 
Garnet said he suspected one, whose name 
they that were set to overhear them, could not 
hear, to have di^-losed something against them r 
lint it may be otherwise, for he said he was 
much subject to that frailty of su>picion. He 
said he received a note from Ronkwood, that 
Green we'll was gonu over seas; and another, 
that Gerrard was gone to father Parsons, and 



217] STATE TRIALS, 4 James I. \(m.— Trial of Hairy Garnet, a Conspirator [24S 



that mistress Ann was in town, meaning mis- 
tress Ann Fawkes, un>1 many other things were 
by them uttered in that conference. 

By this time came in Mr. Forsct, who being 
deposed, atiirmed likewise, that their Examina- 
tion, and the matter therein contained, were 
true : saying further, that both of them took 
notes ot that which they heard from Garnet 
and Hall, as near as possibly they could, and 
set down nothing in their Examinations, but 
those things, wherein both their notes and per- 
fect memories agreed and assented ; and that 
many things that were very material, and of great 
moment, were left out at' their examinations, 
because both their notes and memories did not 
perfectly agree therein. 

And now one of the Letters, which were 
written with sack, was shewed to the court ; by 
which app cured that Hall and Garnet had in- 
terlocution together. Mr. Attorney here in- 
ferred that the necessity cud of justice was ut 
pana ad paucos, mclus ad unities peridental ; 
and urged the Examination of Garnet, where- 
in he confessed tint when Tesmond alias 
Green* ell, made relatiou to hiin of the great 
blow by the Powder -Treason, who should have 
the protection, Green well said, the lords that 
should be left alive should chusc a Protector. 
And further, Mr. Attorney urged the writing of 
another letter, written with sack, to Sayer 
alias Kookwood, a priest m the Gatehouse : 
But of this point much is formerly mentioned. 

Here Mr. Attorney ending, my lord of Nor- 
thampton spake to the prisoner this Speech fol- 
lowing : 

Earl of Northampton. Though no man 
alive cm be less apt or willing than myself, to 
"add the least grain or scruple of improvement 
to the weight of any man's calamity, that groans 
under the heavy burden of a distressed stau?, 
Vel gravatis addei e gravamina, whereof I have 
as many witnesses as tlie world hath eyes ; yet 
as the case stands now in this Trial, Mr. Oar- 
net, between my dear sovereign, ex cujus spirt- 
tu t as one said of Alexander, nos omms spirit- 
um ducimus ; and you that were so well con- 
tent, to let the course of conspiracy run for- 
ward to the stopping of this breath before the 
time, which God by nature doth prescribe, be- 
tween his honour and your error, his just pro- 
ceedings and your painted shews, his sincerity 
and your hypocrisy ; I could wish it possible 
that in any person of some other quality, you 
might hear the echoes of your un perfect and 
weak answers, and thereupon judge more in- 
differently and evenly of the true state of the 
cause than you have done hitherto ; being dis- 
tracted with tisir, or forestalled by prejudice, 
or, to borrow your own phrase, which is more 
proper to the point than any I ran u«e, op- 
pressed Uinta tiube ttbtium, with so thick a 
cloud of witnesses, as concur with one voice, 
heart, and spirit,, for the confusion of your au- 
dacity. 

I confess that never any man in vour state 
{ave lets hold or advantuge to examiners, than 
yqu have done in the whole course of proceed- 



ing to us that were in Commission ; sometime 
by forswearing, as upon the Confession of Hall 
your fellow ; sometime by dissembling, as 
about tlie places of your rendezvous, which 
was the Lapwing's Nest ; sometime by earnest 
expostulation ; sometime by arliticial equivo- 
cation ; sometime by sophisticating true sub- 
stances ; sometime by adding fata qualities; 
yet sat superest, as may appear, to the defeat 
of yonr inventions, and the defence of the 
king's majesty, quia magna ist ztritas, et pr«- 
vulct. 

Your parts by nature dimply considered and 
in another person, would rather move compas- 
sion, than exasperate humanity ; lor whom 
would not the ruin of such a person touch, as 
is in appearance temperate, and in understand- 
ing ripe ? But our end at this time is the same 
with Decius in l.ivy. nt quern vos obrutum rtli- 
quistis ignem, &c. that we may q a nub that 
fire by prevention, which you have only raked 
up in ashes ; ut novum darct incendium 7 that it 
might cause a new combustion so soon os it 
might hit upon matter that were fit and suita- 
ble. Wherefore I must rather draw your an- 
swers to the true touch for discharge of rumors, 
than vcrbtrurt tier an, beat the air : For the 
substance of all vour evasions and sly shifts, is 
as the inn-keeper of Chalcus confessed of his 
dishes to his guests, admiring tan tarn J'trculo- 
rum dircrsitatem. that thev were only coin- 
pounded of pork, howsoever your tine cookery 
mav varv them. 

The two Bull » that in the late queen's time 
entered the laud (with a purpose by their loud 
lowing to call all their calves together, for the 
making of a strong party, nt the shutting up of 
the evening, against your dread sovereign) 
were grazed in your pastures, Mr. Garnet ; or 
to speak more properly (because they durst 
u either endure the light, nor admit the air) 
they were stall- fed at your crib, as yourself 
confess ; and therefore serve tieuuam t ex ore 
tuo tcjudico. And what answer make you to 
this ? Marry, that the purpose was imparted to 
very few ; so much the uorse : For out of pu)>- 
lication grows discovery ; and yet experience 
hath justified, that those very few were the 
very souls and spirits of that pack of conspira- 
tors, and such as for want of patience and tem- 
perance to tarry the time, whe* the game had 
been brought to bearing, should have played 
the chiefest parts in the late snioaking tragedy. 
You say the Bulls were after sacrificed in the 
fire by yourself: But not before the king's good 
angel had cut their throats, and the best part 
of their proof were past, and your hopes dead 
of that good w Inch in likelihood they should 
Iia\e brought with ihem. For to what use 
could these dumb beasts serve, in seeking to 
prevent that lawful and undoubted right, 
which heaven had now proclaimed, and enrlli 
acknowledged ? Rut let the proof be what it 
will, I look into tlie root. I wonder, Mr. Gar- 
net, what apostle warrants you in undertaking 
wicked Plots, in hope that good may follow ; 
neglecting what all laws, and the Jaws of Eng- 



24-J] 



STATE TRIALS, 4 James I. 1G06.— in the Gunpowder Plot. 



[230 



Itnd above mil, what all states and nations con- 
clude of men, that ?lily practise and combine 
for anticipation of the future rights of lawful 
successors. 

In excuse of Letters written with vour own 
band by Thomas Winter to father Creswell, 
when he was employed about the procurement 
of an army to invade with supplies of treasure 
proportionable for the quicker execution of so 
desperate an enterprizc ; you answer, that the 
persons were commended in your letters, not 
the plot: ipectutum admixsi, ritutn tencatis, 
unci t as though the minister had any other 
errand or instruction, than the main plot itself: 
at though you, Mr. Garnet, being then Magi*- 
ter i» Israel and Hector Chori, could or would 
be ignorant of their prefixed end ; as though so 
grave a person as yourself, were likely to set 
bis hand to blanks like a baby, and to leave 
the rest to the disposition or a man wholly 
transported with Aery humours : Or, as though 
n this very point other men's confessions in 
particular, besides your own in generality, had 
aot left us marks and traces evident and plain 
enough to descry doublcness with diversity. 
You confess pritity to a practice, but not for 
an army ; foreknowledge of a course for getting 
treasure, but with a purpose, as you conceived, 
to employ it wholly tor the relief of cathoheks. 
So as the reason of the reserved n ess of Cates- 
by, Winter, and tlis rest toward you, must be 
undoubtedly their suspicion of your over great 
•section and duty to the queen : For other- 
wise it is certain they would have trusted you 
ss well with their intention, as with their 
nrans ; with their hopes, as with their instru- 
ments ; especially considering how hard it was 
far them to compass their own vast defies, 
without help both of your credit, and of your 
iadnstry. 

Wright was in like manner, and with like ex- 
pedition, commended by you afterward for tlie 
quickening of Winter's project, if any life were 
is it, upon the slacking of the passions of Spain, 
with the propositions of peace, that no time 
■iglit be lost, no stone left un removed that 
sight give a knock to the pence of our policy ; 
yoar head wrought upon all offers, your head 
•alked iu all regions, your spirit steered all at- 
tempts and undertakings : and yet if protesta- 
tions, qualified and protected by equivocations, 
any carry weight, all this while your mind was, 
as good pastors ought to be, patient, your 
thoughts were obedient, and your counsels in- 
nocent. Dot now to search your cunning some- 
what nearer to the quick, we must observe, that 
when your hopes of invasion began to cool by 
likelihood of peuce, your desires of supplies by 
the cold answers that came from Spain, your 
expectation of new mischief, to be wrought at 
home without com plots abroad ; when malice 
its* If was ca* into so desperate a swoon, ns 
imtiiIkt Kosasolis when Spain relented, nor Is- 
cobah when Tyrone submitted, nor dissension 
within the kingdom when discontentments end- 
ed, could pot it by any fresh adventure into 
bfe; when ye* for your own part, Mr. Garnet, 



having been once washed and regenerated in 
the fountain of the king's true pardon, from the 
leprous spots of former treasons, were deter- 
mined to begin upon another stock, and return 
as a dog to the vomit : though washing can avail 
no man (as the preacher warns) that iterum 
tangit mortuum, toucheth the dead the second 
or third time after he huth been made clean ; 
for secretly Catcsby resorts to . you, as Maho- 
met might to Sergius, for now I speak according 
to the matter, and not the men, to enquire whe- 
ther it were lawful, considering the necessity of 
the time, to undertake an euterprize for the ad- 
vancement of the Catholic religion, though it 
were likely that among many that were noccnt, 
some should peiish that were innocent. A man 
that is religious in any kind, or but morally ho- 
nest in his own kind, would expect that a priest, 
a Jesuit, (which title doth imply salvation, and 
not destruction ; nay the Superior of English 
Jesuits) upon this rash demand, should have re* 
sorted for a safe resolution to God's own book; 
where he should have found that God was 
pleated to withdraw his wrathful liand from So* 
dom, so as there had been only decern jutti, ten 
just men within that town, and for their sakes; 
that the wise householder in St. Macthew, mark- 
ing liow hard it would be before the corn was ripe 
to make separation, gave order to his servants 
to abstain from plucking up the tares, nt simul 
eradicarent crif if urn, lest withal they plucked up 
the wheat by the roots. Ye should have found in 
the stories of the church, thut the godly bishops 
in the first spring of religion, suspended process 
against the Priscillian heretics, ne Catholici 
cum Mis pcrirent, lest the Catholics might also 
perish with them. And the church ot Milan 
taxed Theodosius the emperor, quod intontes 
una cum sontibus true id asset, that he had pro- 
ceeded both against the gnilty and the guiltless 
with one stroke, and in one measure of severity. 
But far beside the warrant either of hol^r writ, 
or holy precedents, your answer, Mr. Garnet, 
was such, as I both abhor to think, and quake 
to utter ; that if any great advantage were to 
grow to the church this way, they might destroy 
them all. 

Tanttrne animis calestibus ira f O Mr. Gar- 
net, be not offended though I ask of you, as a 
worthy emperor did once of a traitor in a case by 
many degrees inferior to this, QuiJ/acit inpec- 
tore humann Inpi ft ritas, canis rabies, serpentit 
vencnum ? Tint that which ought most to tor- 
ture nnd tifiiicr the spirit (if you be the child of 
him whose name and badge you hear) is, that 
your doctrine was confidently delivered, and so 
speedily digested, nnd converted to nutriment 
from such a mouth as yours, considering that 
(according to the prophet) knowledge should 
depend upon the lips of a priest, as Ilookwood, 
Bates, and other?, that did shrink at the horror 
of the project when it was first laid down, re- 
ceived satisfaction upon the very sound of your 
assent, though masked with the title of a man, 
as grave and learned as any in the land. And 
Catrshy doubting of the fickleness of men's af- 
fection^ in cn»*es that concern the soul, used 



251] STATE TRIALS, 4 James I. 1006.— Trial oj Henry Garnet, a Conspirator [252 



your admittance as a clmrm or spell, to keep 
quick spirits within the circle of combined fiith; 
which oihcrwi.se perhaps, when hell brake loose, 
would have bought liberty. Your charter only 
(whereupon I beseech you for your own soul's 
health, to meditate lor the time you tarry in 
this world) for the base whereon some grounded 
their bud conscience iq proceeding with this 
plot, not only to the destruction of ititir bodies., 
but to the peril ot* their souls, without sound 
and true repentance, winch by the merit of 
Christ's Passion will s?rve m quacunqut horn 
peccator inganucrit. For though Christ were 
joyful that he had not lost one of those whom 
his father gave him in charge, and came to 
save and not to destroy ; yet jour advice was 
to destroy them ail : such was your burning 
charity ! 

Some mail surprized w ith a question upon the 
sudden, might answer sharply and shrewdly at 
some time, I confess, without thinking or in- 
tending ill : but this man, Mr. Garnet, cannot 
be you, that have confessed clearly under your 
own hand, your bU»picion and fear of some mis- 
chief purposed and intended in their hearts, by 
this quick tjucstiou of uoceiits and innocents : 
and therefore quod duh'Uax nej'eceri*. It seems 
the heart of Caleb by was a fertile soil for sprout- 
ing of stinking wveds hastily, into which the 
seed of vour &ecui inj; contidence was cast. For 
the Powder Plot, which in January was barely 
embryo, became format in jlrtus in the March 
next following; it quickened the next Decem- 
ber, when the pioneers began to dig in the thick 
wall: C'atesby not long alter imparted his con- 
ceit secretly to you of the great likelihood he 
foresaw of a lucky time of birth; and thereupon 
was Guy Fawkes sent over by your knowledge 
and encouragement, to deal with sir William 
Stanley, about the drawing down o( forces some- 
what nearer to the sea side tor speedy trans- 
port, which if need were, might carry torches at 
the soltmuity. But what is your answer to this 
employment of Guy Faw kes ? Forsooth, that your 
purpose was only to commend him as a sol- 
dier, but not as a conspirator. O unlucky trea- 
son, that comeb to be excused by so poor an 
advocate! when Fawkes linn- elf meant nothing 
le?s than to be a soldier, having so strange a 
part to play soon after in the Powder Train, but 
u>ed this retreat as a colour to disguise the se- 
cret purpose that did only tarry lime, and to 
eschew those watchful eyes, that nearer hand 
would have observed both his inlets and his out- 
lets in that place more narrowly. The point is 
clear, the confessions are direct, the purpose is 
palpable. All the lines of your level are drawn 
to the center of the Powder-mine. All letters 
are cither drawn or interlined manu tcorpiomt, 
to use the word of Hier.uiic; an I yet under 
pain of cfiisure we must believe, That all tins 
while \ou were in charitv, because all this while 
(which it grieve* im* to remember) you were 
not afraid to communicate. 

But now to weigh your Answers tliat concern 
the Powder-Plot itself; which is paramount in 
respect of the longitude and latitude to all that 



have been or ever shall be: yourself cannot 
deny, Mr. Garnet, that fireenwell's overture*, 
as you say in coiuession, coming after the no- 
tire which you took of Caiesby's question abcut 
innocents was but a fruit of vour own doc- 
trine, an etfect of your own instruction, and 
a conclusion drawn wholly out of your own 
propositions and principles. Now when w* 
press to know what reason drew you to the 
concealment of a project ho pernicious both to 
prince and stale, without revealing it cither to 
the king himself, tunquam prteceilenti, to use 
St. Peter's term, or to his ministers subordi- 
nate : you start to the shift of confession for a 
formal help, which comes too short in respect 
of C'atesby's first discovery, which your own 
words aver plainly to have wrought with you. 
I will not argue hi this place wliat course a 
confc*S'ir should take, or how far he ought to 
t train for the securing of a prince's life, that 
otherwise is sure to perish by the rai^c and ig- 
norance invincible of a base villain, (whose ltle 
answers not in value the least hair of a prince's 
head) because time sutlers not : but 1 am sure 
that for a matter of less weight than this, and 
a crime of less importance than the life both 
oi' prince and state ; confession received a deep 
wound for a long time, more than a thousand 
years past, in the church of Constantinople. 
For God forbid that matters of such weight 
should hang by such feeble threads. But to 
this excuse of tenderness in the point of con- 
fession, I would answer by making a great 
doubt, Whether this course of conference 
were a confession or not ; for against your 
bare words, which eq invocation supports, I 
object some likelihood, Tint since you kneeled 
sometimes, and sometimes wulked up and 
down ; since matter of conspiracy were inter- 
laced with matter of confession, not for ease 
of conscience as should appear, but for advice 
in execution ; since Greeuwtll was absolved 
instantly, which excludes the shift of reference: 
and Grecnwcll should be found to Ivc to the 
holy Gho»i in rase tin-, wcic a true confession : 
in promising, Mr. Garnet, as you say, to dis- 
suade the project which he prosecuted even to 
the last point, as is evident, and after the 
powiler camp bruke up : 1 conclude that tho v 
this discovery were by confession, yet it was no 
supersedeas to your former knowledge from 
Cateshy your trusty friend ; and if it were none, 
then it can be no protection for faith putrified. 
What need wc seek light through cob we I >- 
lawns, when the drift of vour wliolc device in 
seeking to conclude from one, what you learned 
of another, and from all wh.it you alloc ted and 
abetted in your heart, doth evidently prove 
your counsels to have boon carried along with 
such a temper of rescrvedness, as whensoever 
mischief should be brought to light, the world 
might rather wonder at your cautiou, than 
commend your fidelity. 

By shaping such weuk Answers to Demon* 
strations so manifest, you must either work by 
the ring of Gyges, in making your audacity 
and presumption invisible, or hold a very weak 



253] 



STATE TRIALS, 4- James I. 1606.— in tfte Gunpowder Plot. 



[254 



conceit of oor capacities, in supposing that 
ti)*y can l>e cither dazzled or deluded by such 

tur sophistry. For though you pretend to 
ve received a deep wound in conscience at 
the first revealing of the plot, to have lost your 
sleep with vexation of spirit, to have ottered 
and prayed to God for lus preventing grace, to 
have required Green well's help and furtherance 
in crossing and diverting the design ; yet all 
this while you suffered the project to proceed, 
tou helped and assisted their endeavours that 
•ere labourers, you wrote earnest letters both 
lo Baldwin and to C res well for their further- 
ance of ordinary means ; you gave order for a 
prayer to be said * by Cathohcks for their pros- 
perous success ; you kept measure with the two 
irst dimensions of fryur Bacon's brazen- head ; 
Time is, Time was, till, thanks be to God, the 
third Time was past : you had ever an ear open 
to listen tor the crack, and were in the same 
a;ony for the Powder-Plot, that Charles 5 was 
iur the pope's duress, giving order in all his 
dominions, that prayers should be made for 
4ris release, when in the mean time he kept and 
held han in his own hand prisoner. The least 
word of your mouth, or labour of your pen, 
might have secured both prince and state, 
while you pretend to have broken both your 
sleeps and your brains, aud that with a greater 
advantage to the cause which you would ad- 
vance, than can ever grow by combustion and 
conspiracy. But your tenderness lierein was 
tunable with another dutiful desire of yours to 
dissuade Cate*by irom the plot, at his coming 
into Warwickshire, who never meant to come 
ituther t but as to the rendezvous, when the 
frfuiuunent had lieen blown up, and the storm 
had been blown over. It may he that your 
mind was perplexed and disquieted upon the 
meditation of strange events ; for so was the 
mind of Cain, AchitophcJ, and Judas that l>e- 
'trayed hi* master; the reason is very pregnant 
io the word of God itself, That rum sit timida 
ntyititia dut testimonium eondemnationis, since 
wickedness is cowardly and timorous, it gives 
ctuleuce of condemnation against itself; et 
temper prtrtumit xttva ptrturbuta contc'icntia : 
hn Sutuu prevailing his aupeU execute. 

I will now conclude this address to you, Mr. 
(iaruei, by observing some s}>ecial paints how 
atrangelv aud preposterously the devil in his 
iatt Project of Powder hath altered his old pro- 
perties. For tlie curse that God laid upon the 
Nrrpent after the first transgression, was ut 
gradirtlur super ptctus tuu/n, to creep upon 
iii» breast : but now we rind him mounted upon 
the wings of an espraie to the highest region 
of the air, and among the tire-works. I he 
'iiher part of his curse was, that he should cat 
Puhereui; that is, dust or powder : hut now 
•'ace Sodom was destroyed hy sulphur, mid 
(he wife of Lot transmuted into suit, the proper 
material* of that mean hy which Satan wrought 
in tins hot fire ; it appears thut the Serpent from 
toting powder, winch was a plain dev'cc, fell, 
fa a worse purpose, Co snutf gunpowder. Then 
the serpent dia insidiari cakanec, now capiti, 



from which the body draweth both sense and 
influence. Then he began to Eve, with a mo- 
dest question, Cur pracepit Deus ¥ Why hath 
God commanded ? now with a resolution, pracc- 
pit Dcut, God hath commanded. His words 
in those carried a flourish of great comfort, 
Ncquaquam morietuini, but now terror, Mori- 
em mi : fur a great advantage destroy them all. 
The deiil at that time did onlv nibble about 
the text of holy writ, tanquum mm ponticus, as 
Tcrtulhan terms Marcion : but now he draws 
the grounds of equivocation concerning princes 
lives out of the very scripture and by scholasti- 
cal authority. Satan tempted Christ with a 
fair offer, dandi omnia, of giving all upon the 
top of the pinnacle: but now he sets upon the 
great lieutenant of God's authority and dignity, 
with an auj'eram tibi omnia, both life and crown, 
ex penetraiibus ubi Christus non e$t, as we are 
taught by his evangelist. The dragon's ambi- 
tion extended no further than the sweeping 
away with his tail of the third part of the stare 
in the firmament : but now the plot of him and 
his disciples, was to sweep away the sun, the 
moon and the stars, both out of Stnr-C number 
and parliament, that no light be given in this 
kingdom to the best labourers. In the time of 
Saul, the devil was so modest, as to suspend 
his illusions and oracles till the visions ot the 
prophets begsm to cense : but now though we 
have both Moses and the prophets el jirmiorcm 
sevmonem prophetic urn y yet he rustles among 
the robes, it maud it a J'andit oracuta. In the 
beginning of the Christian church, the very name 
of Christ was sufficient t<> make Satan pack, 
and to quit the possession of torment e I men : 
but he hath learned a more cunning trick of 
late, under the banner of Christ to tight against 
the lieutenants of his imperial majesty. Jn 
one point I find no change; that i«, in labour- 
ing and working hy all means to draw men 
from their trust in God'* direction, to a tickle 
kind of confidence :n themselves, and their own 
weak knowledge of good and ill. And as tint 
error was the cause of Adam a exile from Pa- 
radise which was hurt us eonctusus ; so had 
such another almost divided us and our heirs 
both from our lives and t:tues: Et penitus 
toto divtsos orbt Brilannos. 

1 have stood the longer on this point, to let 
ycu know how icily, and yet how wilfully you 
strive both against the providence of God, and 
the justice of the land, Qua tuo te jugvlavit 
fitaaio : The more you Lihour to get out of the 
wood, having onre lost the right way, the 
further you creep in. For the wisdom of the 
woild is lolly Ik lore God: and impossible it is, 
that those counsels or proceedings should either 
have good proof in this world, or reward in 
the next, that arc emhrued with blood, and 
pursued with tvrannv. If then there be no 
other way to heaven than by the destruction of 
God's anointed and their heirs, 1 will conclude 
with you, Air. Garnet, as Constnntius did with 
A«cesitis, Krtgtto tibi sen taw, et in art am solus 
uscetuhto ; Set up a ladder for yourself, and 
climb up to heaven alone ; for loyal minds will 



253] STATE TRIALS, * James I. 160fi.- 

not suit themselves with such bad company. 
The worst 1 wish to jour person standing now 
to be convicted W the bur, is remorse and re- 
pentance for the safeguard of your soul ; and 
for tbe rdt, Fiat jattitia, currul Ur, it vincat 

Hereunto Garnet said, That he had done 
mire than lie could excuse, and he had dealt 
plainly with them, hut he was bound li> keep 
tin secrets of Confession, and to disclose nothing 
thai he heard in Sacramental Confession. 
Whereupon the earl of Nottingham asked him, 
if one confessed this day to him, rlial lo-nmrrow 
morning be meant to kill the king with n dag- 
ger, it' he must conceal it? Whcn-uiit-i Gurnet 
answered that lie must conceal it. Then the 
earl ut" Salisbury desired liberty of him to ask 
him siiuic questions of the nature of confes- 
sion. Garnet Mid, His lordship might, and he 
would answer him us well us he could. Why 
then (said he) niust there not be confession. 
and cotitriiion In-fore absolution ? Ye*, said 
Garnet. — Then he deniuiided whether Green- 
well were absolved by him or no > Garnet said, 
He was. 

The Karl then asked him, What Green well 
had dime, In shew that he MH sorry for it, and 
whether did he promise to desist? Ganiel 
answered, that Grccnwell stiil, lm would do 

To that the Karl replied, tint it could not be 
10 ; fur us soon as L'utcsl-v mi'l 1'ercy were in 
arm,, Grcenwell came tu" the 1.1 tioiu Garnet, 
and ».> went from them tn Hall at. .Mr. Ahine- 
lon's house inviting them Mint earnestly tu 
e>ime and assist th>ise gentlemen in Ihul ac- 
tum. Hereby, Biiitli he, it appears, that i iiher 
G re vil well told you out ul cntite'siim, and thru 
there needs no sterccv; nr if it wire in con- 
fession, he professed no pi nitency, and there- 
fore von could not Brooke him. To which the 
cnrl added, That this one circ mil stance lmisl 
^•■•1 1 bo reuienibered, and caiini.t be cleared; 
That nhen Grecnwcll told you what Cutcsby 
mciint in pti titular, and you then called li> 
mind also what Liileshv had spoken tn you in 
the general before, if you hud nut been «n 
desirous to have the plot t.'ike effect, ynu might 
have disclused it out of your grown I knowledge 
from Cutesby : but wheo 
deliver yon the- '" 




-Trial of Hairy Garnet, a Conspirator [238 
die epcuud, he said, Tlint lie was only glad 
tlui i the world might tins' «ee, that Jesuits were 
condemned by Jesuits; and treason and trai- 
tors hid n.iki;d by tlie traitors themselves : yea, 
Jesuits by that Jesuit, that governs all Jesuits 
here, and without whom no Jesuit in England 
can do any thin;. 

Garnet (us it should seem) being here 
migiilrly uuched with remorse of his olfenr-e, 
[irayeii'Goil and tin; kins, I hat other Catholics 
mighl not fare the worse fur his sake. 

Then the earl of Salitbury snid, Mr. Garnet, 
is it not a lameutnble tliiiia, that if the Pope or 
Claudius Aipinviva, or yourself, enmniand poor 
any thing, Lluit thcyroust obey you, 
though it he to endanger both body und soul.' 
And if yuil maintain such doctrine among you, 
how can i ' e king be safe Ms it not time there- 
fore, the king and the state should look lo yon, 
that spend your time thus in his kingdom i 

(iainct said very passionately. My lord, I 
wmdd to Trod I had never known of the Pow- 
der-Treason. 

L. (,'. J, Garnet, you ere Superior of the 
Jesuits ; and if you forbid, must not the rest 
obey? WttS notOreenweU with you half anhour 
at nr Litrjrd Digby's liouse, when you heard 

not there 

ther? Did you not send him to Hall, to Sr. 
Abitig ton's liouse, to stir him up lo go to the 
rebels, and encourage them ? yet you seek (e 
colour all this; hot that's hut a mere shift ill 
you. And notwithstanding all this, you said, 
No man living, but one, did know that you 
were priiy lo it: tlitu helike some (hat ore 
dead did know it. Calesby mis nevsr from 
you (as the gentle unman that kept your house 
with you ritnfe-wdj and by many apparent 

pr.,..(.. in l.ni |.i.. u ni|iii.|in, .(.u ofi* ■• 

eiery particular of this netioti, and directed 
and commanded the actors : nay, I think verily' 
you were the chief that moved it. 

Omiul said, No, my lord, I did not. 
Then it was exceedingly well urged by my 
L. ('. Justice, how he writ' lus letters for Win- 
ter, Wright, I'uwkes, Baynniu, and Catesby, 
principal actors in this inutchless Treason. 
Besides, his louWiip told hun of his keeping 
Ma two Hulls to prejudice the king, and to do 
other mischief in the realm; which, when he 
iw the king peaceably to come in, then bong 
at of hope to do any good, he burnt them. 
Here Mr. Attorney caused to be read the 
Confession of Hull, alias Oldcome, the Jesuit, 
his own luuul (which he said was Garni 
ionemmnn) against him; wherein he con- 
that Humphry Littleton told him, that 
. _>sj and others wen- son; hurt with Powder, 
-.aid that he was exceeding sorry ttiit 
thing* took no better effect; whereat Hall 
wished him not to he discouraged, nor to njea- 
- n re t. lie cause by the event : For though the 
. i.  , , , tribes of Israel went twice by the ept- 
" commandment uf God atpuist the tribe of 
attain, yet they both tunes received the 
So Lewii the French king in ha 



£37] 



STATE TRIALS, 4- James I. 1G0G — in the Gunpowder Plot. 



[253 



vnyojo into the Holy Laud against the Infidels, 
wa* overthrown, and his whole army discom- 
fited, though his cause were good. And so 
likewise the Christians, when they defended 
.Rhodes ngainbt the Turks lost the city, and 
the Turks hud the upper-hand. And -this he 
confessed, and applved to the foot of Catcshy 
and others for the Powder-Treason ; and s;iid, 
It would have been commendable when it hud 
been done, though not before. 

Alter this, Mr. Attorney opened, how Fran- 
cis Trcsham, a delinquent ttomauist, even in 
articulo nioitis (a fearful tiling) took it upon 
his salvation, That he had not seen Garnet 
ia 16 years before, when Garnet himself had 
con] eased lie had seen him of; en within that 
time ; and likewise, that Garnet kiK.w not of 
the Spanish Invasion, which Cramer himself 
confessed also, and which two things Tic&ham 
himself had fumierly confessed to the lords : 
Vit for :i Recantation of these two things upon 
his death-bed, he commanded Vavasor, Iris 
man, whom J think (s.iid Mr. Attorney) deeply 
guilty in cM> Treason, to write a letter to the 
earl of S:;)»>hury. And to shew this his des- 
perate Kcoa station, Mr. Trcsham's Letter was 
offered f«> he read. 

But before the reading thereof, my lord of 
Salisbury said, because there was matter in- 
cilent to him, .ind to that which should he 
read, lie thought fit to say something. To 
which purpose he said his de.-ire was, tiuly tr> 
lay open what cause there was far any faitn to 
be given to these men's protestations ; when 
they, to colour their own impieties, and to 
fclauder the king's justice, would go about to 
excuse all Jesuits, how foul soever, out of an 
opinion that it is meritorious so to do, at «urh 
tiuie as they had no hope of themselves. Such 
is it to be doubted, that sir Evcivrd Digit's 
protestations might be at the bar, who socuht 
to clear all Jesuits of those practices which they 
themselves Lave now confessed ex ore propria. 
That audi was alsoTresluMn's labour, who being 
visited with sickness, and his wife in chanty 
fuftered to come to him, this Letter was ha'.rh- 
«d by them, ami signed by himself some low 
hours before his death, wherein he Lakcth that 
upon his salvation, which shall now by Garnet 
be disproved. 

Then the Letter was read, being to this ef- 
fect: That whereas since the king's time he 
bad bad his pardon, ami tint to satisfy the 
lords who heretofore examined Inn), he hud 
accused Garnet; that new, he bein-» weak, 
desired that his former examinations iiii(*ht be 
called in, because they were not true ;, and set 
down upon his salvation, that he had ii'.-l seen 
Garnet in 1G years liefore. 

Then my lord of Salisbury sdirwed and sr»id, 
it was a lamentable thin^ : f»r within th'-ce 
bouri after he hud done this, he died : ai?d 
asked Garnet what interpretation he made of 
this testamental protestation ? 

Garnet answered, It mav be, mv lord, he 
meant to equivocate. Here was the F.\:ur.iir.i- 
tion and Confession of Mrs. Anne Tawkes of- 

YOL. II. 



' fered to he read, also to confirm Trcsham's per- 
jury, who confessed that she had seen Mr. Tre- 
. sham with Garnet at her house three or four 
. times since the king's coming in, and divers 
tinus before, and that he had dined with him; 
 and that Garnet always nave him good coun- 
sel, and would say sometimes to him, and 
1 others, Good gentlemen, be quiet; for we must 
1 obtain that which vou desire bv praver. She 
, confessed also, that they were at Krith toge- 
ther the hist summer. 

After ail this, Garnet being demanded if 
these Examinations were true, he affirmed 
they were. And then were his own Examina- 
tions likewise read to the same effect: where- 
in he both confessed the seeing of Mr. Trc- 
shain, and his sending into Spain about an in- 
vasion. 
! Here my lo:*d rf Salisbury concluded, That 
that which was said of Mr. Trcsham, and 
i others, was not done against charity to the 
• dead, but upon inevitable necessity, to avoid 
I all their slanderous reports and practices; for 
' he said that even now there was current 
throughout the town, a report of a retractation 
under Batr&*s hand, of his accusation of Green- 
well, which are strange and grievous practices 
to think upon. But this day shall witness to 
the world, that all is false, and yourself con- 
demned not by any but yourself, your own 
confessions and actions. Alas ! Mr. Garnet, 
why should wc be troubled all this day with 
your poor man, were it not to make the cause 
I appear as it descrvcth ? wherein ( ind send you 
may Ik? such an example, as you may be the 
last nc*or in this kind. 

Hereupon my Lord Admiral «aid to Garnet, 
: that he hnd done more good thi* dav in that 
I pulpit which he stood in (for it was made like 
i«uuto a pulpit wj'rrein he stood) than lie had 
, done nil the &Ay°> of his life-time in any other 

Then was :« '.other Examinniion of Mrs. 
Anne .Fawkes re:ul, wherein she confessed that 
Mr. Garnet and she were not Ion? since with 
Mr. Trchuni. at his house in Northampton- 
shire, and stayed theic. 

Alter this, my lord of Salisbury said; Mr. ( 
Garnet, if vou have not yet done, I would have 
vou to understand, that the king hath coin- 
iiiaiidtd, that whatsoever made tor you, or 
ni^iust you, all should he read, and so it is ; 
and we take of you what you will. This gen- 
! tie woman th.'t. r.ecms to ^peak for you in her 
(."out" scions 1 think would sacrifice hei self for 
you t-» do you good, and you likewise for her : 
thoifcfnrc, "good Mr. Garnet, whatsoever you 
have to saw sav on in God's name, and you 
shall be hp»rd. 

Tist n Gurnet df sired the Jury, that they 
would allow of, and believe those things he 
had denit-d and alarmed ; and noc to -live credit 
unto tliO»e tlinps whojeof there was no direct 
proof squill _t him, nor to condemn lit:n by 
cueumstuiu'cs or prescription*. 

'Jlie earl of Salisbury dem.-i'dcd :if h : m, say- 
in.?, Mr. Ga-.i.tt, is this all yeu have to say.? u 

5 



251TJ STATE TRIALS, 4 James L* 1(506.— Trial of Henry Garnet, a Conspirator [260 



it be not, take your time, no man shall inter- 
rupt you. 

To whom Garnet answered, Yea, my lord. 

Mr. Attorney humbly desired all the Lords 
Commissioners, that it* he had forgotten to 
speak of any thing material, that their lord- 
ships would be pleased to put him in mind of 
it; who was. assured by my lord of Salisbury, 
that he had done very well, painfully, and 
learnedly. — Then Mr. Attorney desired the 
Jury might go together, who upon h's motion 
going together forth of the court, within less 
than a, quarter of an hour returned, and found 
Henry Garnet, Guilty. 

Whereupon Mr. Serjeant Crooke prayed 
Judgment. 

Then Mr. Wnterhouse, the clerk of the 
crown, demanding what he could say for him- 
self, why Judgment should not be given against 
him ? 

Garnet made answer, that he could suv no- 
thing, hut referred himself to the mercy of the 
king, and Qpd Almighty. 

The following report of the Speech of the Earl 
of Northampton exceeds the proportion 
wherein it was first uttered, and is now in- 
serted as it was afterwards amplified and 
enlarged -In- the Earl, when he delivered it 
to the Bookseller : 
Earl of Northampton. Though some of 
Plato's followers, and tho«enot of the meanest 
rank, have rather apprehended in conceit, 
than demonstrated by straight lines, that no- 
thing is which hath not been before : if it were 
possible to take right observations out of true 
records, and that all counsels and attempts as 
well as Configurations and Aspects, return as 
it were * ex postliminio,' by revolution to the 
point from whence they first began : yet if m^ 
Ephimerides fail me not in setting up the 
Figure of this late intended Plot, I may confi- 
dently pronounce with a grave senator, ' Ke- 
• pertum esse hodierno die facinus, quod nee 
' poeta fingere, ncc histrio sonare, nee mimus 
' nnitari potent/ So desperately malicious, and 
$o unkindly and unseasonably fruitful is our 
age in producing monsters, when the force and 
tieat of charity decays, and so violent are the 
damned spirits of Satan's black guard now be- 
fore the winding up of the last bottom of ter- 
restrial affair?, in spinning liner threads of 
practice and conspiracy under the mask of j 
piety and zeal, which the Spirit of Truth term- 
eth most significantly, * Spiritualis ncquitia in 
' co?lestibus.' 

Upon this ground I am moved at this instant, 
Mr. Garnet, to address mv discourse to you,  
not s»o much in respect ol your own person, 
' ant quia te nostra spermi prece po«*i' mo- I 
' veri\t hough from my hcai t 1 pity the *hafnHur* ' 
shipwreck of your obedience and conscience , 
upon so false a sand) M for their sakes that  
Lave not yet learned in our Saviour, that in one 
-element a man cannot * duohus servire domi- 
1 nis :' and withal in the king bur sovereign's 
behalf, to exact at your bands (that hold the 



hearts of many followers by iease for life) a pre- 
cise account of the lives of all those Cast-nwavs. 

w 9 

4 Quos vel apud te perditos invenit vel per te 
* perdidit.' For either you that are an object 
uuto many watching eyes, may be drawn 
by God's grace working with my charitable 
wishes, to lament, not the bad success (for so 
do men that are desperate) but the wicked 
purpose and intent of this crying sin (which is 
proper only to the penitent) or be brought so 
far at the least oat of the black deeps of indur- 
ation, with the mother of Petrus  Lombard us,, 
as to be* sorry that you cannot be sorry. 

The streights of tune, the length of the trial, 
and the weariness of the auditors, may be and 
are great discouragements to such a Discourse 
as craves time, and were better not begun at 
all, than not perfected. But since the Law 
and Prophets in this case in hand, stand 
chiefly as the ground-work of deposing kings, 
and absolving subjects from the right which 
they owe to their own natural and lawful so?e- 
reigns by the laws of God and man, I si mil be 
forced in dischaige of my duty at tins instant, 
to borrow so much time of these attentive 
hearers, as must be payed again forthwith to 
the ser\ ice of the state: for otherwise, ' va 
' mihi/ as the Prophet threatens, * quia tacui :* 
and yet we may conclude with another of the 
same rank, that ' etiamsi ego tacuero, clama- 
bunt lapides/ 

JJnt, first, I am to let both you and the whole 
world know, that you are not called this day 
to the bar for any matter of your Conscience, 
as some perhaps may publish out of rancour 
or perversity of heart, to set a fairer gloss 
upon the pound of your profession. Since 
the first time oY your coming to the Council- 
board, you have not been so much as asked 
any question about the places of your resort, 
the Mippnrtiv's of your employment, or the 
menus of your maintenance, before the Pow- 
der-project, which hath no kindof nihility with 
religion or caution, hut with fury and implaca- 
bility came to be resolved on by a pack of 
Bou'eftux : though you cannot be ignorant' 
what the Parliament hath decreed, and sunie 
prisons of your Society have suffered in the late 
Queen's time, for presuming to exercise a, kind 
of jurisdiction within this realm, that neither 
policy of state can admit, nor allegiance can 
justify. I will a:ld somewhat more for the 
greater improvement of the king's mercy, and 
the more just airirravation of vour ingratitude: 
You are not pressed to any peril of your lift", 
with publishing those Bulls which in the 
Queen's time neither had (a* by Confession 
appears) nor con Id have other etui than the 
forestalment of the kiwi's lawful claim, when 
the fruit shall fall from the wasted tree, aud the 
fainting sun (whose beams about that time 
begun to wax both dim and waterish) must of 
necessity set in our hemisphere. 

The king's free Pardon (which, as the timet 
stood then, should have called for a ' melius 
' inquirendum/ before it liad found passajfe 
wiilrout obstruction of any doubt) was apptitef I 



801] 



STATE TRIALS, 4 James I. 1606.— in the Gunpowder Plot. 



[202 



by you, and other of your ghostly complices, to 
many festered and filihy ulcers of this kind. 
By this free Pardon (so far as you have not 
since relapsed into worse attempts) even your- 
self, Mr. Uarnet, stand at this present, ' rectus 

* in curia :' wherein though it Lecoiue me not 
to descant about the measures and proportions 
of my master's infinite grace, yet I may tax 
you, for the bad requital of so high a benefit, 
and lament the king's. misfortune, that like an 
eagle was in so great peri! of receiving wounds 
(almost to the death) by the quills of his own 

'•clemency. These are hot the true ground*, 
nor proper motives of your standing-forth ; but 
your art in cherishing, your malice in encou- 
raging, your impiety in strengthening a kind 
of practice, never heard nor thought upon 
before in any age, against the life of the 
most gracious and just King that ever reigned 
on either side of Trent ; of a Queen re- 
nowned both for her own worth, and for 
her happy fruit-; and of a prince, whom 
without ostentation I may be bold to call, the 
sweetest and the fairest blossom that ever 
bedded, either out of the white or the red 
Rosary. God's law forbids a man that would 
live long and see cheari'ul days, to destroy 
1 matreui cum filiis/ even in those creatures 
that are not images of the Deity : but you, Mr. 
Garnet, out of your anointed influence of su- 
perabundant, gracr, endeavoured your best 
and uttermost to bruise- the .very nest-egg of 
this royal and high-flying airey, if it h.id been 
possible: peers, bishops, knights, burgesses, 
judges, Serjeants, and all sorts of officers were 
drawn iu by a writ of ' Corpus cum causa' to 
this * feu de joy/ that it might blaze more gal- 
lantly. It is not the wearing of a crucifix, 
. which you compare to die sign of Tan, that 
could have secured any of your own affection, 
if they had been left unwarned, though it had 
been hallowed at Rome. No relique (instead 
of the red List that was a token or protection 
to Jlahab and her family) could have distin- 
guished a Catholick from a Protestant, when 
Guy Fawkes had the match in his hand. No 
kind of holy grains could have added the 
weight of one grain to the reputation of any 
Romanist, after once the hand of Greehwell 
had written the sense of the Hebrew word 
■'ThekelT upon the wall, (that is) ' Appensi in 
' statera, inventi sunt minus habentes/ being 
weighed in the scales of your schools, should 
have been found over-liglit in the balance. 
Your end, as I imagine, was according to the 
threats of the Stoicks to purge tins world by 
fire, or in some way wjth Democritus, to create 
a new world ' ex atomis :' or because Catesby 
did set Thomas Percy's offer light, which was 
' tollere unum/ your desire was by this one act 

* tollere/ not the man but humanity, not 
' unuin' but unity. The Plot whereof Livy 
speaks, of dispatching the whole Senate of 
Rome in an hour; the Device at Curtbage, to 
cat off one whole faction, by one enterprise : 
the Conspiracy of Brutus and Cassius to kill 
C<E»ax in the senate : the project of destroying 



6ne Conclave, the greatest part of the cardi- 
nals : the Sicilian Evensong, and the Parisian 
Mattins : nay, the wish of Nero, that Rome 
had but one head; which he might cut off at 
one blow, came far short to the mischief of this 
invention, which spared neither ape, sex, nor 
degree. And therefore 1 confess, if Catesby 
your disciple were alive, thus far he might 
vaunt, an^l without exception, that he had^ur- 
mounted and transcended Catiline in the sphere 
of his own treachery. But thus we learn by 
Tertullian, that « favos etiam vespae faciunt/ 
Wasps as well as bees' make combs, though in- 
stead of honey, we find gunpowder. 

Surely this was not the Fire that appeared 
unto .Moses in the burning Bush: it was not 
the fire that should purge the Sons of Levi, 
though your Levites conceived so : it was not 
that Fire which was cast into the world by 
Christ, with a purpose that it might burn : 
It was not that, by which men should be saved 
that build over weakly upon the true founda- 
tion of faith. But it resembles more lively 
that false tire which .began to glimmer, ' Post 
' commotionem, quando in commotione dor 
' erat Dominus.' It is like to that strange Fire 
which Nadab and Abihu would have offered 
upon God's Altar, widi a zeal that was prepos- 
terous : it hath the wasting quality of that 
Wildfire, which issuing * ex rhaumo,' out of the 
bramble, would have destroyed the stately ce- 
dars of Libaaus. Nay, to speak properly, or 
draw nearest to the nature of that quick dis- 
patching fire, which you and your disciples^ Mr. 
Gamer, utterly despairing to draw down frora 
heaven (because you know that such a like de- 
mand received a repulse, whilst Christ was con- 
versant on earth, among your betters) sought 
by a trick to obtain at the hand of Satan (the 
great master of the Fire-works) and as the Poet 
writeth, ' Flectere cum nequcas superos Ache-, 
' ronta movebas.' But God wrought so, that 
by this Fire (since ' per ilium fides proborum 
' collucet') the faith of subjects that are dutiful 
doth shine more brightly, and the State-wins 
honour. Look not now therefore that the 
Ladies of Israel shall meet you with their tim- 
brels in the honour- of this attempt : for all ac- 
tions are not praise- worthy, which some persons 
of your profession study to enamel widi pre- 
tence of godliness. In thinking of Telema- 
chus, we set little by Astyanax : easily may af- 
fections wander, where the rules of conscience 
do shift: and we find, that ' umbra' is not ever 
c eo major quo serior :* but if bloody passions 
can thus far prevail * in arido* what hope is 
there of better proof 4 in viridi/ which iw com- 
parison is but ' Hnum fumigansr' You seek to 
raise your glory out of your sin, but ' quaj est 
' gratia }' What thank is it to you, according 
to the demand of an Apostle, if for your evil 
deserts you suffer stripes ? for what the Jews 
objected to our Saviour (though impudently) 
we dare speak truly and confidently to all those 
that were privy to this pack with you, that 
' Non de bono opere lapidautur, sed de bias- 
' phemia/ Saint Augustine spcaketh of some 



263] STATE TRIALS, 4 James I. 1 GOG. —Trial of Hwry Garnet, a Conspirator ['204 

hot-headed fellows in his time, that notwith- 
standing choir life led in this world, ' more la- 
' troiium,' yet in their ends affected* rulium tt 

* hnnorem martyrum :' among whom 1 th-ili 
ever rank (with just cause) tncsc Powder- mc-ii. 
But if as saint Peter s.uth, 4 Bene facicntes pa- 
' tienter su.-tinctis Cvhich is far from the ra«e 
of your hot tpirit^ * him eat a pud J)cuui gra- 
' tia,' which your pm/pcts merit not. Tlu-ac 
are perhaps the days wi.ich Nabal meant, com- 
com plaining ' hodie iucrchuissc servos qui fu- 
'j'i'.int;* nay, which i> u-orfr, 'qui per>e^ii- 
€ main* Dominos:' .tad therefore if yon will 
not Icain <f iial.^uu, to beware of speaking 
more th.tn ; hsit which Cod ptittcih into your 
inouth: jvt how.so. \cr* pulsions may spur you 
forward, l;:;rii of 'Jala-mi's As* to shrink when 
you find tlje An^el of Cod's wrath opposed, 
U:->t v.j Ahi ta :.il pj.ako iviiuioitily and widely to 
li'n; David, i «.uiu jii.jis udieucri!,' wheu 1;l\:i1i 
&hail approach, wh> >iauds upon t.ie ti nshoM, 
and briiiiip to ki:-#i.k at tiie d-ior of jour ln.-ari, 
1 sit til'i in ^in^umen,' it c.iu.m- you in .->i«:h in- 
wardly, not e qaod ciludcris, sod quod elfnndc-re 

* voluc;is,* not f-ir hating shed, but because 
you would have 5.hcd Hood that is nc.st inno- 
cent. 

How well the Project of supplantim: Prin- 
ces, and suhviriiM^ Siate?, aniee-* either with 
the title • >!" ^Jesuit, or the duty of a Piic.-t, 
who should rather temper passion, than dis- 
claim chaiitv; the Pharisees themselves c\- 



I 



rcss in teaching ' uon liccre,' that it wa» not 

awrul for them to kili any man ; much less would 
they, as it is more than probable in the warp of their lab. mix, culliiii! them ' Wsa iniiputatis. 
youth, when their !■ dr lic^aii to wax as unite ' k b« ll.nti.i/ i nciv protest that both you and 
:ts snow, have taken eyes into tlwir Iliads like 
hurninz-sdasses to t»ivc lire to this train : a;ai 
yet Trurh itself hath said (which boll) *idi.» 
must believe) that unless our riplm.oiiMU- , cn- 
ceeds theirs, \v»- must not expect to be heirs of 
eternity. It will be Joiu: before seme of you 
can protest with Paul, that you an- * nu:.ii!i,' 
clean and pure from all nun's blood, or wirii 
Gregory to Mauritius tlw Kmpcror, ti..ii i&«- 
wouiil never 'misccrc sc in c uiiwjuam iihtk m." 



that the Protestants accord with the Cntholicks 
in more points of Faith and grounds of Doc- 
trine at this day, than those of Sicheiu did with 
Jacob and his fainilv. Cv resolving this pas- 
sai:t» into pari-, we shall find a <jreut rcseni- 
I dance, both in the po"»nt of fact, and in the reso- 
lution otYmht with this present case, upon which 
we have rca-ou to fix both our eyes and obser- 
vation. For first, Jacob out of conscience and 
humanity re;>orves, * Nou iturani aniuvini suam 
' in coueilio J.e\i/ that, his soul fhonld never 
march in the council of Levi, ' Nee in cintu il- 

* loruin fuliiram {•loriain/ nor his honour »hine 
in their society : What is the reason? Because 
in their race ti.ey have slain a man (much less 
than the destruction of a prince with his poste- 
rity and wlioie estate) * Et in inalilia suftode- 

* rum murum,' and in their malice diii<:ed rlmva 
a wall ; which in my ojiinion either misseth 
Itanity one hair, or very narrowly, your pro- 
iect*s invent ion, in dinvLinj! at the wall of tin; 

•7 s * 

parliament. What is Jacob's sentence upon 
tin* fact ? * Malcdictus illorum furui quia per- 
4 tinax, et imiijuatio ipii-i dura:* which c.irse 
in a more liv:*l\ manner (if possible it be) than 
tiie \ery Kict it-ell', ssiit^ the comparison. For 
who knoweth nor, that when malice taketh 
hold of humour o;ilv, as lire doth of straw, tin/ 
it cans » a treat bl.'./e wt the lir.-t kindling, jet 
ii i.^ quickly .spent, and only the smoke re- 
mains? but wl.eii it taketh hold of con • ii nee, 
as tire dotii of >1eil, * <;ii.id tardc ac(|ui-i\ii <liu 

* retinet.' then such inuiks are iiHuituneuN. 
Touciiiii!* the tale which Jacob hcatum-lii for 



tljo-e liainU to be ii-.^io-ed on Ins he;id bv (ir- 
din.it mil. that were * /eper.^e saii^uiui,' or l hi: 
ini-h;*p of David t:.::t mi^hr not ivar tiie T< m- 
ple, for ;h.- staiuii:;: end eiiiLruin.^ of his Imis 1 ^ 
with bloo 1. Kes-in to the very le\t it -elf, (uv 
if if plea>e you, t:» vour owu (.'anons^ in t n- 
quire wlielher I'aui'* \u ■fr.iitu of iutcn..- idlinir 
with oicui-o* aii'iirs w«-e enj.iverl \\\\\\ ;i * non 
' ohsiaiil.',' s<» \\x\-  »i  | v us coneernc I P.ojects 
and Fli's for Gunpowder. Your safest oiiirsr, 
ftlr. (i.ii::it, as I Mi',»mtse, is to stay your 



(wrei u\.e!|, and all ll.ev thai were pnvv 

t-» ll:is :icctu <-d 1'1'it. deserve this style upon 

hele.- '.rioimd tlum Simeon and Lew: by so 

much as your indignation c»anparej with tln-iri 

hv due c ircaius: mc. -. w.i.s bv infinite d^urecs 

• durior." more haul th.iii theirs. For though 

the fe.it 'Coifs n.iu.e be pr.iiscd) were ii.#t fully 

\»;-»u-. !■■!. Mt you Know, .Mr. Canwt, who it i% 

lb. t cumpiiseih our consent both within the 

.iiip;i-s and the ceii-ure of a deadly sin, and 
• ... ... . . • . . 



or call ti mind cither thr pielv of that L'odlv whit f.ifhrr Niith lh.it,' 4 (^luni deest operi iue>t 
Li diop in a better time, that would not Midi'i* k \oluntiti.' The c'imiiion law would punish 



.V 
Trea>:»n in the very heart, if iheije of inqtiisi- 

ti hi c »ulii «*\tend >o far; and then-fore the 
providence of (rod in jirevenliiij, by his meicy 
this destruction, i> no tii-charn* 4 t«) \our inten- 
tion iu contri\in^ if. By the <i»ui>e and re- 
coei-se of times aiiil acc'-Icnts, wise nan ob- 
Mi\e, that \» ry seldom hath any mischie\oiis 
attempt be»n imiletl-ikeii for di-:inbMice of a 
state, without tlu- t oui^el and :i'S>!,!inv of 
a pr»i-t in the i-i-t, in the middle, or la?t 
ac t of the tr; ; :n l> ; and that all alon^ with 



jiid^uici,; wiih liia: Si u'f of old Ja'*ol», whereof siieli a chorus of Confedenttc^ t > enteitain the 
mention is made in C\-iif ~j«», in tl.ise break- : "=t. •.■'•, wh.ic the i : .\ ( s ami lortunes «»l" «^rej»t 
neck pa-sajres, tii.it is, with that a l\i-i d Sen- : priia s In ■,.:■_• mi noon th<* teiitei hooks have 
fence which he pronounced a^.iiu-t I^'\i the ' put :ul in h-i/:ii'd For while Alices stood in 



Father of succee.lin^ Vrie.st". for killing the 
Sons i*t' llemor at>er circumcision, the same 
lit'iii!! iu that east* n> weil a Bond of Promise, 
as u &cal of Faith ; since I Ho verily believe 



( oiiferciicc witli Cod upon the mount. In.s l»pv- 
ther Aaron impntitut, as for the most part 
churchmen are in their desires, of pans* s or 
delajs, fell instantly to mould und worship the 



265] 



STATE TRIALS, 4 Jawes I. 1666.— in the Gunpowder Plot. 



[266 



golden calf, to^their commander's vexation and 
Uod's dishonour. Abiathar was condemned 
for complotting with the Shunamite, and Joab 
lieutenant-general against his sovereign. With 
what distemper and disorder some priests have 
rock'd the craule of the churches infancy in 
raising heresies, the seeds of factions, only to 
that end, no hian can l>c ignorant, that hath 
run over the churches histories. 

Odo, bishop of Bayou tie, was imprisoned by 
iiis brother the first William, as a stirrer of 
Sedition, and after conspired with Robert earl 
of iMortaigne, to depose his son, against whom 
also Geffrey, bishop of Constance, fortified in 
actual rebelbon the castle of Bristol. The 
captivity of the lion-hearted Richard, champion 
of the holy wars, was by the piactice of Savari- 
cos, bishop of Bath. Gervas the great preacher 
cnter'd with Lewis the French king's son, pur- 
posing to root out the race of our kings, and to 
plant liimself and his progeny. Of the rebelli- 
ons army that usurped against Henry 3, the 
title of * Exercitum Dei' (altho' by the pope's 
legate, ' reputati sunt filii Belial) * Clerici fau- 
' tores Grant,' saith the monk of Chester. For 
conspiracy against the first Edward was the 
archbishop of Canterbury exiled the kingdom. 
And before that Isabel, the wife of the second, 
durst undertake the plot of deposing her hus- 
land by a damnable device, for the raising of 
her son, she sent in a pack of preachers, poi- 
soned with prejudice against the present state, 
to prepare the people's minds by false sugges- 
tions, to the change which was intended to fol- 
low. And Adam de Orleton, bishop of Ilere- 
ibrd, that wan the first deviser, continued the 
ihiefest feeder of that dissension between the 
Lu^hand and the wife, taking occasion in a ser- 
mon preached at Oxford, in the presence of 
the queen, and all the rebels, u|>on that text of 
the Scripture, ' Caput meum doleo,' to express 
by depravation of his lawful sovereign, how 
man* mischiefs grew to the commonwealth by 
i corrupted bead that governed them. For 
aiding the enemies of Edward 3 was the bishop 
of Hereford arraigned. And the chaplain of 
Wat Tyler, that advised his chieftain, as you 
Mr. Garnet did vour followers, to destroy all 
the clemy and nobility, was Ball a mass-priest. 
With (ilocesterS duke against his sovereign 
Richard, was Oswald, bishop of Gallaway, the 
chief complotter. Priests and Friers th'-v were 
that suljorued a false Richard against the fourth 
Henry, whereof eight being Minors, were bung- 
ed at Tfburn : And Maudelen himseif, that 
took ujKin him the habit dhd person of the 
king, wa»» a priest also, to keep them company. 
Scroope, the archbishop of York, for comple- 
ting a conspiracy with the earl of Northumber- 
land against the **ame king, lost his head for 
hb labour. Beverly, an anointed priest, not to 
be behind some other of his fellows in these 
seditious attempts, conspired against the fifth 
Henry, with the lord Cobhain, siT John Old- 
castle. 

I have seen the copy of a learned and wise 
Letter, written by bishop Chichcley, a pi elate 



of your own, chancellor to that king, gravely 
advising him to beware of admitting a legate 
resident in the realm, in respect of the sharp 
effects by stirs that have been raised in former 
times by persons of that habit ; pointing as it 
were to Hcny Beauford, who afterwards was* 
both author and actor of more mischief than 
almost could be expected or feared. 

They were priests and friers, that in the first 
of Edward 4, conspired with Jasper, earl of 
Pembroke, and were afterward attainted and 
executed by act of parliament. 

Dr. Shaw was a priest, whom Richard 3 
made the trumpet at Paul's Cross of his wrong- 
ful claim against the rightful possession 4 of hi* 
innocent nephews. 

That Impostor that suborned Lambert, to 
take upon him the person, and usurp the right 
of t;>e duke of York, against the blessed union 
of the two Roses, was a priest in Ireland. 
Wherein I note, that as a priest would then 
have forestalled, so now two priests, Green well 
and Gamer, would have cut off the union. He 
was a monk of Henton that inticed the duke of 
Buckingham by seducing Hopes, to the ruin of 
as great a house as any subject in Europe 
(bearing not the surname of a king) can de- 
monstrate : whereof both I receive a wound > 
and all that descend of him. 

I speak not of those popes, that exercising 
more the sword of Paul with passion, than the 
keys of Peter with instruction, have been kin- 
dlers of great broils : nor of the three powerful 
cardinals,. York, Lorraine, and Arras in our 
age, that during their times were not much an- 
swerable for sloth or idleness, whatsoever they 
are otherwise for time ill employed, being per- 
sons of great spirit and too great activity : nor 
of thos»e churchmen, that by their doctrine in 
the pulpit, and subscription of hands to traito- 
rous decrees, em based the two daughters of 
king Henry 8, both before and after the death 
of king Edward 0, for satisfaction to the pride 
and ambition of un aspiring humour. 

1 pass over the brainsick opposition of Knox 
and Goodman, against the two renowned 
Marys, both queens of Scotland, regent and 
inheritrice in our days : nor of the fiery tripli- 
citv of Ballard, Clarke, and Watson, of which 
number, the first practised'thc slaughter of the 
epicen deceased, the other two of the king our 
5o\ere'ign. I rip not up the complots of Ser- 
nius the monk, to bring the Turk int> the em- 
pire of the east : nor of those false prophets, 
that established the race of Xerif in Barluir\. 
My only drift and purpose i^, t > compare for- 
mer practices with the late attempt, (tin/ far 
exceeding and surmounting ail that went be- 
fore) to make true subjects sec for the better 
trial and examination of spirits, that as well 
some priests in Christ* ndom, as those Salii thai 
were chaplains to Mars at Home in the reign 
of idolatry, took delight by tils in tossing fire- 
brands from camp to camp, for the inflamma- 
tion of e\il alVectinns and worse practices. 
But the circle of a crown imperial cannot be 
soldered, if it once recehe the smallest crack. 



M67] STATE TRIALS, 4 James I. 1006.— Trial qf Henry Garnet, a Conspirator [268 



Sinews that are cut in sunder, can never knit : 
neither is it possible that there should be * in- 
* tegralis imilas in solutione coutinui.' 1 will 
therefore conclude this point with the grave 
and learned judgment of So/omcn, an ancient 
writer of the Church Primitive, ' Universira 
' accidere in sacerdotum dissidiis, ut respublica 
' motibus et turbis agitetur :' that it happens 
generally in the dissensions of priests, that the 
commonwealth itself is shaken with die con- 
vulsions of conspiracy. 

It is very probable, Mr. Garnet, that the 
late queen, in case the thread of her worn life 
could have been spun further on toward these 
misty days, (that have somewhat overcast the 
brightness of your enticing hopes upon the 
settling of this state in the succession of so rare 
a king) should have run some strange hazard 
botli of her state and person, among your 
mines and powder trains (having indeed imbrued 
her sword m the blood of some choice persons 
of your society by the warrant of her laws ;) 
since this sweet prince our sovereign, that before 
his coming always v. rote his laws in jnilk, and 
ever since hath been very careful not to write 
in blood, can thus hardly either by his own 
gracious deserts, or his council's incessant care, 
be secured from the shambles. I have not 
read, neither do I bel : eve, that the murder of 
any anointed king hath been accounted in any 
religious or just age, either an act of prowess, 
or a step to martyrdom. I could not have 
thought, without this demonstration of proof, 
that any man had been left in the world, since 
the death of George Buchanan, to proclaim 
prizes for the slaughter as well of kings as of 
rygers. Hut if it were not impossible (which 
now I find with grief of heart) for any one 
spark of loyalty lo live in an ocean of immode- 
rate and exorbitant affections ; surely I should 
have expected from you and your friends, Mr. 
Garnet, effects of better inclinations toward so 
mild and gracious a prince, as never searcheth 
ulcers but with a shaking hand, and in searching 
all, hath a more earnest desire, * non invenire 
' quod qinrrit, quam invenire quod puniat.' For, 
to speak truth without flattery, (which I abhor 
as the canker of all generous and worthy minds) 
have not both vou and yours received and en- 
lovvd inanv favours from the kii)L r , which in all 
likelihood were not in the la^st time to be looked 
for ? Would the late queen, think you, have 
br.itowcd honour, by laying the sword of 
k mil lit hood upon the heads of so many Catho- 
lic. , as the king hath done since his entrance ? 
Would the queen have allowed unto all, or any 
of the Kecusnut*, that free kind of access both 
to her person, or to her court, which the king 
hutii done (not only upon ju>t occasions, but 
for thiir comfort.) and in effect, at their plea- 
sun-, without making any separation between 
th j-e, that before hi*, coming saluted the fair 
promise of his hopeful day, and others that 
won! 1 have prevented it ? Was not the gate of 
justice opened Trojano Tyrioque to Protectants 
and Oatiiolics alike, with that indifferent and 
cpial regard, that it hath been since to the 



shutting up of those mouths that were most 
mutinous ? Was the late queen so confident in 
the fidelity of any Catholics, as to employ them 
without dk- trust to foreign princes in embussy ? 
Would the queen have called the chief Catho- 
lics to her council-board, that upon the laying 
open of their just complaints, they might have 
redress with favour? Might the recusants of 
best behaviour and countenance in the late 
queen's time, live in their own countries, dispose 
of their estates and tenants, and enjoy their 
pleasures, without any other mulct than 
the former laws had laid on them ? Was it free 
for recusants in those days, that had been cast 
behind in arrearages (for want of answering 
their payments in due time to the crown) to 
compound with a commission directed only 
to that end, almost for what term and at 
what rates he might best satisfy ? Did the com- 
passion of the late queen extend so far in favour 
of recusants, as to put them in possession of 
their whole estates, drawn out ot the farmers 
hands upon due proof made of spoil, without 
further demand of any other contribution or 
taxation than the law limited? Was it any part 
of the late queen's care, to give order lor the 
chastisement of informers aud messengers, that 
preyed upon the prostrate fortunes of recusants 
with harder measure than the justice of the 
state warranted? Was it free for subjects of all 
affections and religions (during the late queen's 
life) that delighted in the wars, to serve what 
prince or state it pleased them, without either 
exception or punishment ? Did the late time 
leave it to the choice of young gentlemen that 
had licence to travel, during the time of their 
abode in foreign parts, to frequent what places, 
courts or companies they would, without yield- 
ing an account nt their return of their adven- 
turing ? Had it been possible to have draw u 
from the late queen either restitutions or pen- 
sions for the maintenance of recusant- 5 , in res- 
pect of !«er\ ice done to antecessors or ancestors? 
Was thejate queen as cautious nucf tender in 
forbearing to take the lives of priests and Je- 
suiu upon the point of sum mum jus, before she 
were made acquainted by the judges thoroughly 
with the state of their evidence? Was any ma- 
gistrate ever culled to his answer for proceeding 
in cold blood against a priest, that for want of 
means to procure a pardon had been kept in 
prison since the time of the quern deceased? 
Was the late queen ever pleaded, that in the 
pardon general at the closing up of the parlia- 
ment, priests and Jesuits should be comprised 
in the list, aud among others you and Green- 
well, that at the first opening of the spring re- 
sorted thithtr with as violent a thirst as ever 
you did to Jubilee ; and yet in recom pence 
thereof since that time, have been well content 
that the distributer of so great a portion of grace 
and bounty, should be blown up by your Bonte-" 
feux ? A man would think in likelihood, that 
both you, and all they that were encouraged 
and warranted iu this attempt by you, having 
received at the hands of so crocious a king so 
many talents in a royal kind of trust, should 



m) 



STATE TRIALS, 4- James I. 1000.— in the Gunpowder Plot. 



[27(1 



rather have studied by your best endeavours to 
increase the 6tock, than to lessen the principal, 
by burying your talent under ground among the 
powder works ; especially considering that our 
king is not like the other mentioned in St. Luke, 
' homo austerus, qui tollit quod non posuit, et 

* metit quod non seminat :' but rather desirous 
with Moses to he rased out of the book of life ; 
with Paul to be made Anathema tpr the com- 
mon good of those subjects that live under him. 
Our royal master travels not as the other did, 
4 in longinquam regionem ut accipiat regnum,' 
into a foreign region to obtain a kingdom, but 
brought a kingdom with him out of the next re- 
gion to ours, that hereafter we may live ' una- 

* Dimes/ that have been so long severed and 
divided in fraternity. Hut such are the qualities 
of' many men, and especially of you and your 
complices in this complot, that as one saith, 
' Non tarn again gratias de tribunatu, quam 

* ' qtEErunter quod non sunt evecti in consulatum/ 
Bat when you, or any man of your affection and 
humour, shall be able, out of quintessence of 
nit 9 or positions of state, or grounds of common 
sense, to prove, that a prince as opposite to 
vour religion as you are to his, and that vows 
to set up bis whole rest and adventure not only 
of alt his crowns, but of his life and succession, 
upon those principles of faith (which he hath 
sucked from his infancy with his nurse's milk) 
to take a milder course with the Catholics than 
he hath hitherto done, without offence or scan- 
dal to tlie tender conscience of his own church, 
which he doth chiefly regard, I will acknowledge 
that yon had more reason to bemoan yourselves 
(which is the furthest period of a subject's power) 
than, as your case is now, I can admit, looking 
into sundry circumstances of peril with a single 
eye, which is neither dazzled with self-love, nor 
distracted by slight appearance. For though 
you may perhaps conceive, that there wanted 
somewhat to the full measure of your vast de- 
sires; yet all men know that you prevailed far 
above the likelihood of any reasonable hope ; 
which may move you to call to mind with more 
evenly poised thoughts, that judgment of a wise 
author, that * inter voluptutes tarn numeratur 
' id quod habes, quam id quod speras ;' a good 
role for a perverse interpreter. 

The quicksand upon which you plant the 
great artillery of your sentences and decrees 
•gainst the states and persons of all princes that 
square not with your rules, I take to be that 
idle impression, rather than true supposition of 
a certain kind of prerogative, thought to be left 
by our Saviour to his spouse the church ' in dc- 

* jioMto,' for the deposing of princes, upon con- 
viction of contumacy, from their scat of govern- 
ment. For as the great philosophers conclude 
the whole world to be composed of three cer- 
tain concurrent principles, that is, matter, form, 
and privation, holding the last of the three to 
be rather a principle of transmutation than of 
e*rabh*hmenr : so likewise the schoolmen within 
these last 600 years, have drugged into the dis- 
cipline a new kind of privation also beside the 
ntiUr, which it the flock, and the form which 



is the government. -And this privation hath 
undoubtedly metamorphosed as many states and 
policies as the other hath done shapes and 
figures, if either the complaints of majesty, or 
the smart of patience may be accounted of in 
our audit. 1 confess with the woman of Sa- 
maria, that this well is not only deep, but that I 
want the bucket, which from such a well may 
be fit to draw : for every plummit is not for 
every sound, nor every line for every level: nei- 
ther is it possible out of every block to carve 
Mercury ; but yet since it is confessed by Ro- 
bert Winter, Kookwood, Guy Fawkes, and 
others, that their error in believing this conclu- 
sion upon the warrant of a learned man (which 
as appeareth now, was yourself) hath been the 
greatest cause, and the strongest motive of their 
fatal fault ; since in like sort, it agreeth fitly 
with my desire to reduce as many of those silly 
erring sheep that followed Absalom, ' sed corde 
' simp I ice et penitus causam ignorantes,' as I 
can from your * acheldama,' or ' ager sanguinis,* 
(considering how many priests have practised in 
these late years to sound points of war) it were 
as meet that somewhat were set down for con- 
futation, as for caution : and therefore I have 
been the more willing to engage my zeal and 
duty, though perhaps above the measure of my 
strength, upon this argument, ' et quantum in 

* me est/ to shake the whole foundation of fu- 
ture conspiracies. 

But before that I prepare myself to this en- 
counter, or that 1 enter into this narrow list, 
wherein I expect as many adversaries as there 
be men that have humours to limit or to con- 
quer kings, I hold myself bound in duty as 
well as drawn by method, to wipe away that 
weak excuse which you make of your disloyal 
heart, in publishing this doctrine of curbing, 
suspending, or deposing princes of high estate, 
upon this ground only, that in foreign parts 
you found it neither severely taxed, nor capi- 
tally punished. To let go that maxim which 
binds all sorts of subjects to frame their ac- 
tions rather to the law of the country wherein 
they live, than wherein they wander; and 
likewise the great improbability of so gross ig- 
norance in yourself, mid your friends, as not to 
take notice of a point of state so deeply riveted 
in all the courts of justice within the realm; I 
must tell you further also, that princes fear not 
those fires which are kindled in foreign states, 
before that some spark light either upon their 
neighbours house*, or their own palaces. Idle 
lookers-on, and frank adventurers have not an 
equal sense of the danger, which the ships and 
vessels richly freighted endure at the sea, 
either" by fal-e pirates or foul weather. ' Qui, 

* sani sunt,' according to vour construction of 
'sanita*,' .Mr. Garnet, * ncc medicis egent, nee 
' metuunt inediciiiam.' Their ears -are very 
dull, and unapt to niu.Mck, that cannot keep 
time when fortune plays, and all sorts of in- 
strument* are set in one key to make full liar- 
monv. So bins* doth the great brood-hen 
cluck her chickens, as she takes them to be 
hers : but if once they fly from the protection 



'J7i] STATE TRIALS, 4 James I. l(k)6.— Trial qf Henry Garnet, a Conspirator [2/2 



and safe defence of her wings, site leaveth 
them its a prey to tho puttock. I will search 
no further than our own time for satisfaction in 
this point, how fir princos would he patient in 
case they were as violently pursued and plied 
as the king our sovereign hath been ; than hy 
observing what kind of obedience hath been 
performed by some of that rank when tht\ 
were shot with the same arrow. For many 
men are very slack in making a hue-and-ciy 
after the thief that stealcth their neighbour'.** 
goods, which nre very forward to lly with the 
wings of an eagle, when they laid themselves 
pressed in their own particular. ' Et hie si 

* fuerint sentient aliter/ and in like eases wise 
men out of experience resort to like remedies. 

But if there be no drugs in vour shop to 
purge that sharp humour, that hnth been the 
cause of so many burning fevers, and distem- 
pers in this state, than your diacatholicon, I 
may tell you plainly, that it strives so murh 
against the stomach of the king, and worketh 
upon nature with that violence and loathsome- 
ness, as he doth rather clmsc to feel the pain, 
than take the pill, and to endure the worst of 
the disease, than to make tin* befct use of that 
remedy. In this ease he will trust Iks own re- 
ceipts tint are made familiar by time and u*-e, 
leaving other princes to their own free choice, 
which may make all drugs to taste in their 
mouths like manna, that is agreeable to their 
own appetite. Evinces cannot be too suspici- 
ous when their lives are sought, and subjects 
cannot be too curious when the state brandies. 
I remember that when Joshua took notice of a 
single man that came from Jericho, standing 
with a sword in his hand ready drawn, he as-k- 
ed instantly, * Noster cs, an adversariorum ?' 
€ Art thou of our side, or'of our ud\ersaric* ?* 
Directing us that are now in commission, as it 
were by line ami level, in what manner and 
with what caution we should examine you and 
Hall, since Creenwell is out of our reach, for 
you draw not one swerd, as the other did, but 
two at once, that is, both the spiritual and the 
temporal, against our sovereign, and to enquire 
withal at wlr.it time, and in what place, und 
upon what, advantage you und your suborned 
confederates intend to wound bis royal majesty. 

For since we find, that to secure litigious 
possesions, that lie subject to surprize, it is 
usual and ordinary, e\en anions; persons mere- 
ly private, so long us they live in fear, to sound 
the dispositions and affections of their own de- 
pendents, followers and tenants, upon suspi- 
cion of a false trie k : At a dead-lift, it much 
more beho\eih trr.it princos, upon whom 
whole states and Micro.*- ion* depend, to t ike 
the surest hold thai ii po^ihlcot their suhjccis 
Affections and lu-irt*. lest if thev should chance, 
in the dav ut' trial, not to be * ni^fri «.ed ad. t r- 

* suriorum,* and theieiiy draw their swords of 
another side, and (Invito il:s» l.-ust that is rc- 
po-ed in their lisith, we might with Rachel, 

* Ploraro tilios nosirns quia non sunt,' and en' I 
for help too late, when deduction were in the 
door of desolation. 



This doctrine, Mr. Garnet, is not drawn out 
of the fusty vessels, as some call them, nor 
from the lees of the latter times w hich you sus- 
pect : It carries not the least taste of preju- 
dice or festered suspicion upon particulars. 
It knew no difference either of name or repu- 
tation, between catholick and protectant, 
when it was first set on broach by those 
princes, states, and divines, which ure account- 
ed catholicks, and some of them canonized for 
saints in the rubrick* of your own register. 
Tor proof whereof you shall find a patout in 
the records of Rich. 2, granted to one Waleton, 
for the searching of all ships and vessels inward 
or outward-bound iu the port of London, and 
for the sifting of all persons likewise, * qui bul- 

* las, vclalia papalia instruineuta deferebant.' 
In the same prince's reign, sir William Brian 
was sent to the Tower, ouiy for procuring tho 
pope's bull agaiiut certain burglarers that 
rubbed his own house, * quumvis uhundans 
' cautcla non noctat' by the civil law, and the 
bulls themselves were adjudged prejudicial to 
the king's prerogative. With these 1 match 
Stephanus de Malolaeu, sharply fined in the 
reign of Edward 1, for putting a bull in execu- 
tion against a certain knight his adversary, 
without acquainting first the king or the coun- 
sellors. Roger Sherbrook was called in ques- 
tion for procuring bulls from Home, in ' con- 

* lemptum regis et corona.* cxharedunda; peri- 

* culuin,' which was the best construction that 
was then made of these traverses. Edward 2 
sent a commission, as appeareth hy records, to 
enquire of any process or sentence brought 
over from Rome into this laud ( se inconsulto,' 
without his privity. It appeareth again in the 
time of Edward 3, nil the ports were laid for 
interception of bulls by iho king's order. To 
the archbishop of Ravenna was granted a safe 
conduct at his coming into England, by the 
same king, with this proviso, that he should 
only report * Nauctas papa* exhortation*.-*,' but 
neither send out process, nor give sentence, 

* in corona' et rc<im pra_'ju;licium.' It was not 
lawful in those days to bring in any letters 
either from tho pope, or any foreign prince, 
without imparting them fust to the chancellor, 
or the warden of the (jiiiuquo Portuum, which 
iu time of the best correspondence, as it seems 
to me, implies weak coulidc ncy. Edward 3 
gp.ve instructions to certain noblemen that 
were to treat of a peace with Franco, in tho 
presence U' the pope, to proceed with great 
caution, that is, not * tnr.quaiu coram jud ice, 
k r-e-d coram privulu pc-rxuui ;' and not as 

* in f'guia judieii, std amirabilitor.' When 
tl,v- .Sols would have i:;.d ;.!1 ilift'i rence? be*- 
belWLcii both kingdoms le.c; ol to the consci- 
ence and d!tcret..>n of the pope, the peers uf 
England uttr r'y refused to -jiw th.ir assent, 
tho-iiih the kin:'- own fa< iiit\ should incline so 
far, beci-iire their kirn:, :•> thev vouched, was 
not to make \\\-> answers in matier* of that 
tjualitv before unv Mid«''» whatsoever, * wl ec- 

* c lesiastico v»l scculan/ either rcolohistical or 
secular. To be fchort, iliew* sparks of jealousy, 



273] 



STATE TRIALS, 4 James I. 1606.— m the Gunpowder Plot. 



[274 



were to far kindled between the Church of 
Rome and our ancestors in former times, 
altliough they were no Lutherans nor Hugenots, 
(as our countrymen ore termed in these days) 
but Catholicks according to the Roman Ca- 
techism, that an order was set down by the 
wisdom of the state, that the pope's collector 
■t hit first arrival on our coast, should swear 
solemnly to be faithful to his crown, to attempt 
nothing to the king's piejudice, or in disgrace 
of toe laws established ; to put none of the 
pope's orders in execution, to the weakening or 
the king's prerogative ; to deliver no mandates 
or letters from the pope, before thoy had been 
viewed and allowed by the council of the king ; 
to write nothing to the pope from hence, with- 
out the king's leave ; to deal no further in the 
ba sk wss of benefices than the privy-council 
should allow ; nor without the king's privy-seal 
to depart out of the kingdom. 

These points are tender, and such as during 
peace were never offered by the kings offing- 
land to the ministers of any other foreign 
prince ; and yet we read of no such invectives 
or decrees against prince and state, as in our 
days are ordinary. Other princes in like man- 
ner stood upon their guard, and with like cir- 
camspection, as is evident by Philip le Beau 
the French king; who being advertised of the 
pope's peremptory proceeding upon the com- 
muning of a bishop tor evil words against him- 
setf, inquired of all his peers both ecclesiastical 
and temporal at a pub lick convention, how far 
he might rest assured of their fidelity and loy- 
alty notwithstanding that decree; who an- 
swered, * Unanimi consensu sc illius tautum- 
asodo esse beneficiarios ;' and that what pope 
or potentate soever durst adventure to put out 
his horns, or to raise his crest by opposition to his 
royal prerogative, they would live and 'die 
with him. 

if princes that were absolutely Catholicks, 
according to the Roman list, that were directed 
by one canon, tuned by one wrest, obedient to 
the voice of one high shepherd, and between j 
*bo«n and the pope there was but * cor unum 
' et anhnauiia, fouud so just cause and so great 
reason (notwithstanding union in points of con- 
science, and orders of conformity j to be tender 
aad suspicious of their temporal prerogative, 
aad to cast a watchful eye upon the pope's en- 
croaching steps, iu quarters that pertained 
neither to the churchyard, nor the church: 
how much more jealous ought true subjects 
and sworn servants in our days to be of that 
prince's state, who being, as the case standeth 
now, sustained and fed by another root, di- 
rected by the voice of other pastors, and as 
careful to reform, as his antecessors to conform, j 
•hue they sailed by another compass, and upon j 
another coast ? And whosoever will not be in- 
structed by the records, let him search in the 
vaults and the powder-trains of the parliament. 
If in the time of Henry *2. (who, touching point 
of conscience, was ' obedientasimus eccksia- 
' fibus*) Vivian, the pope's legate, was precisely 
«ilted and examined by the bishops of Kly and 

VOL. II. 



Winchester, (that were of his own profession, 
aud wore the same badge) by what warrant he 
durst presume to land without special licence 
from the king ; and therefore give oath ( in 
verbo veritatis,' to do nothing against the king's 
authority : how much more watchful and re- 
served ought this state to be, in admitting 
Green well, Hall, and Garnet with their Bulls 
or censures, ' in regis et corona; prejudicium,' 
without inquisition or search, since their end 
is not as before, ' implere inanum,' to- till the 
hand, but to replenish the churchyard, and to 
stir up all conceited or discontented men, to 
the taking of arms against their lawful and re- 
doubted sovereign king James? And though 
the pope, shewing himself (in this point) more 
moderate and discreet than other of his prede- 
cessors, hath not as yet cut off the king for- 
mally as a withered or unfruitful branch ; yet 
to their precipitate and brainsick giddiness it was 
thought sufficient, as Guy Fawkes and others 
did confess; that the pope on Maunday Thurs- 
day censures schismaiicks in general, (though 
the most judicious among the schoolmen, di- 
vines and canonists, of their part, hold directly 
ad opputitum, and dare not wan-ant any con- 
science according to the rules of their own 
discipline) by that censure which we may pro- 
hably conceive to be more narrative than 
active, in respect the process follows not. This 
record concerning Henry 2. draws to my me- 
mory a message of the same effect, sent to a 
Scotish legate by Alexander the king of Scot- 
land after that time : for it is true, that legate 
proposing to sess every parish at four marks of 
silver, and every monastery in that kingdom at 
twenty times so much, for the supply of main- 
tenance to the wars in the Holy Land,]was com- 
manded by king Alexander, ' intra regni fines 
' consist ere/ to stay upon the border of the 
realm, 4 et per Uteres mandata exponere,' and 
by letter to deliver his instructions ; for neiiher 
Scotland could forbear or spare so great a sum 
as the legate would exact, neither (albeit the 
realm could,) yet his mean tug was, to send it by 
so unlucky a messenger as* the legate was; 
complaining that he had been robbed of the 
money gathered in foreign states before, to the 
loss both of his own labour, and of the charities 
of other Catholicks. In conclusion, a fair offer 
was made of men for increase of strength, 
which was not the legate's aim, but of no trea- 
sure to fill coffers, which was the chiefest end ; 
and a thousand marks were sent to the pope 
as a mere benevolence, which sealed up the 
drift and purpose of this embassy. This answer 
was exceedingly commended by the khtg of 
England, 'qui idem expertus sapiehnt ;' who 
having tasted of the same cup, grew wise, as I 
find by Hector Boeiius a Roman Catholick. I 
mean not in this place to insert or add the 
judgment of a Scot ish bishop, that these kind 
of exactions were tyranny ; advising further all 
that state in a full convention, that the legate 
might not only he sent away empty-handed, 
(ami with like success to those, which, as the" 
prophet says, ' Donmerunt somnum suuin, tt 

T 



275] STATE TRIALS, 4- James I. 1600. 

* nihil invenerunt viri diiitiarum in manibus 

* sius*) but further, that an act might pass in that 
assembly, to cut off all such errands by provi- 
sional accord, as might ' in futuro' tend. to the 
state's impoverishment : which was universally 
agreed and determined. 

I did very well approve, And was glad to hear 
the distinction and difference which you made 
in one part or* your speech, between the king 
our sovereign (that was never swathed in the 
bands, nor danced in the lap of the Roman 
Church) and other princes Roman Catholicks, 
that were first incorporated by nnion, and after 
cast off for their contumacy : for this is some- 
what, though I hold it not to be sufficient. And 
beside that every grain in measure is well 
gotten at your hand, that held the balance so 
unevenly and unsteadily : that passage also of 
St. Paul, prohibiting the church, or at the least 
confessing himself prohibited to judge those 
.' qui foris sunt,' as yo« repute the king inclined 
to that side, which your own admission and 
exposition doth bear. But as it is impotable 
for any man that is not a perfect Gileaditc, 
without lisping to pronounce Shibboleth, how- 
soever otherwise thev drank water ' curvatis 
' genihus :' so the mischief is, that you flee 
too suddenly from that foundation which your 
own hands had fastened ; and upon the ques- 
tion asked, what you would think of any sen- 
tence privative, proceeding from the pope 
against our king, in case either, this man, or any 
successor of his should hereafter take any 
course duTcring from that moderation which 
hath been used hitherto, your voeaks or vowels 
w«,rc changed into mutes, your demonstrations 
into doubts, and your eloquence into so deep 
silence, us the passim:- bell might ha\c been 
tolled for a man so -miickly stricken soeechU.-s 
with one demand, to make your hut testament, 

* Ut uuusquisquc Theoplnusti discipuhmi le 

* posset agnosccre." 

It now remains, that in discharge of promise, 
ami for satisfaction to curiosity, 1 muke it clear 
by the fairest evidence, the moat puie ami nn- 
corrupted witnesses-, and with the shorten cut 
that my compass in so vast an ocean will ad- 
mit, that none of the patriarchs before the h.w , 
none of the priests and prophets under the law, 
nor Christ or his apostles at the last expiring of 
the old law, nor any of die godly bishops that 
governed the church of Goo! lor the space of 
one thousand vears in ' auditu novo/ bv the 
new law, did ever exercise, approve, or claim 
that kind of jurisdiction or any branch of it 
that is extended to deprivation of li^ht, suspen- 
sion lrn:u ride, or acouj-irali in fro«.i royalty. 
For this 1 take to be that ball of wildiire, 
which hath cause. 1 so ureal loss of li\es uud 
state* by combustion in monaivi.ies. 

liefore the law, tho' it pleaded God upon the 
breach of his decree to drive Adam out of l'u- 
radise, the lively figure of the church, that in 

* pee nam culpa:/ he might work for that, ' su- 
' dore vultus/ which before sprung up natu- 
rally, * beneficio Cr eat oris/ yet he iel't him 
monarch of the universal world ; a course far 



— Trial of Henry Garnet, a Conspirator [276 



| different from the manner of proceeding among 
many of those llomau pastors, which claiming 
the dispensation and distribution of St. Peter's 
keys, *clt> Mpx**, have only by the strength and 
virtue of that supposed warrant, sought upon 
displeasure, and sometimes ( causa inaudita/ 
not only to expel great princes out of the statu 
of grace, but very often also to strip them out 
of the robes of majesty. 

In the sequestration of ungodly Cain, ' a Dei 
facie/ from the face or presence of God, (which 
is in effect the same censure which the church 
uscth at this day, ' tradendo Sathaiue/ because 
these two lords are in one regiment incompati- 
ble) we read not' that immediately upon tho 
sentence this grievous sinner was set up for a 
reproachful mark, whereat cither justice might 
shoot, or error might aim, as the king our sove- 
reign, who hath been roaved and pricked at of 
late : for so far was the providence of God from 
arming any creature in this world to the lease 
harm, much less the disinherison of Cain, as 
for so much as concerned life he set upon him 
'his own mark of sure defence, with a seven-fold 
curse against auy that should rid him out of tho 
way; and beside left him a large scope wherein 
to walk upon his own ground almost all th« 
world over. To these two I will only add a 
third, which is Esau the lost child, whom, not- 
withstanding deprivation of that heavenly bles- 
siog, by which all nations should by the merit 
of the blessed seed, and holy covenant, * in 
* plenitudme temporis/ prefixed by Ins provi- 
dence, be reconciled to himself, yet we find that 
he was inlarged in his temporal possession, secur- 
ed iii his peison, and increased far and near in 
the wide spread of his posterity. Nay, that 
which maketh more to the blemish and reproof 
of our rash empirick*, that can hit upon no 
other way to cure diseases than by letting 
l.lood, I infer, and that upon a sure foundation, 
that Jacob, Esau's youn«er brother, but yet by 
mercy the true and lawful heir to the promise, 
and the chief commander alter Esau's fall, 
among the Saints of God, did a long time alter, 
not only call him Domitium, his Lord, which 
the Holy Ghost approveth, by the title which is 
i:i\en by Sarah to her husband, to be a word of 
power; hut falling prostrate in an humble 
manner at his feet, with words expressing as 
j!i*cat love as reverence, did respectfully and 
liuly honour him; for ' uondum venit hora/ 
uer many thousand years alte r, wherein persons 
e f.'orumunitated must ex consequent e be de- 
puted of dominion, rather thun left to God's 

i.hu.-'hsi i..Ciit. 

I) »Livi-» n the roots of Judah and of Ltvi, by 
the law of Muse*, the separations and distances 
are so wide, us neither need to cross another's 
walk, to int. .inedule with another's otlicc, or to* 
eiii 1 se another's dignity. Beside, 1 observe, 
th.it among ail the conditions atHrmative and 
negative, por-itive and privative, religious and 
poiuick, that are enjoined by the first institu- 
tion to kin- * this kind of tenure holden of 
Aaron or hi> successors ad p taciturn is nei- 
ther expressed in the gram, embroidered on 



277] 



STATE TRIALS, 4- James I. 1606.— «7i the Gunpotsder Plot. 



[278 



the skirt, nor engraven in tlie seat of his office ; 
unless some will argue that the kings of Judah 
were as well bound to submit their scepter to 
the priests direction, as to receive the l>o<>k of 
the law at their hands : tho' we find that it was 
totalled by strong Words to the tribe of Juduh, 
without any reservation of superintendciicy. 
Beside, the plague which God doth threaten 
with his own mouth, to send princes in his ;i ti- 
ger, and hypocrites * propter peccata popuii' 
for die people's «in, were merely idle, if it were 
free for us at all tune*, upon these visitation 
and sharp corrections, by the pope's help, either 
to abate our penance, or to end our punish- 
ment. It is expressed and improved in the 
scriptures, an a portion of the divine preroga- 
tive to chastise kings ; then belike no part of a 
priest** jurisdiction, that is consigned to ano- 
ther element * Per Deuni regnant reges,' by 
God they reign : then not at the popes plea- 
sure. Of God only they hold their crown* and 
dignities : then not bound by divine laws to 
yield up their crowns * in manus Papales,' in 
tear ot process, as some more fearfully than 
loyally have done in other a«es, when the popes 
summoned them. From his mouth they r« ceive 
•heir charge ; therefore to him only and no ot her, 
they are bound to yield a just account of their 
stewardship. It is said by holy Job, that God 
places kings in their thrones ' in perpetuum,* 
then far from these weak tenures bv copy ot 
court-roll, at wil', or in court'esie. but sup- 
pose they wax violent, and apt to quarrel upon 
the pride of their own. strength, who shall cen- 
sure them with any" prejudice to their estates ? 
not the pastor by commission, but God bv 
prerogative. It is the property of God himself 
• Uegna transferre et constituere,* if we believe 
the prophet Daniel ; and of no pastor upon 
earth. And he will take it for as great pre- 
sumption in any mortul man that carries ' spi- 
4 ritum in naribus,' and is but earth and dust, 
to call hi* vicegerents to account, ns any earthly 
prince would esteem in any ordinary subject 
to oppose or strive against bis deputies. God 
fiveth no commandment in his law, for ob- 
servation whereof we need to ask leave of any 
deputy subordinate ; for then were men more 
absolute in his election, than God in his ordi- 
nance. The reverend regard which Aaron had 
of Moses in respect of the civil stroke, mnv 
tender onto all the sons of Adam (how high 
or how treat soever) that live under kings, a 
tele whereby, to take the true latitude of a 
pastor's liberty so far as concerns tit is com- 
parison. For no man shall aver, that God did 
ever give a state to any prince (so as the same 
were merely independant upon the challenge 
of any superior command) but he made him 
likewise free from check in the scope of his 
sovereignty. If then the question he put in 
this sort, as it ought, before it work that effect 
which you desire, whether the crown of Kng- 
lund remain free from dependency upon supe« 
nor command or not; if Simancha, Navarre, 
Sylvester, or any of the scholnStical divines will 
ttther examine our records, or resort to our 

I 



parliament, where matters of like quality ought 
to be argued and decided, (because according 
to the rules of all divines, religion niters not the 
forms of civil governments) or search the re- 
ports of the pope's own rolls ; undoubtedly 
they would receive the same answer which 
popes in former times have had, and with the 
same quick dispatch that our antecessors in 
this case hive thought to be re«pii:itc. 

JJv obseniiit; with careful heed the res- 
pective manner which was used to the kings of 
Israel and Judah, by the legal priest", upon 
their transgression in those matters and degrees 
which are now drawn within the compass of 
the censures of the church, it will appear that 
within the five books of Moses, and all the 
stories of the kings, no one decree, reason, or 
example can be found to make good the formal 
process which within some few hundreds of 
years have been ru«hly put' in practice against 
kings and emperors, upon supposition of con- 
tumacy. For though I grant that many of 
them did err, and in the same degrees, yet not 
one flower of their crowns was blasted ; no not 
one hair of their heads ruffled, nor one grain of 
their royal dignity diminished. 1 doubt nor, 
but if for many priests that were deposed during 
the practice of the legal censures by anointed 
kings, and those of the best kind also, as 
David, Solomon, Joas, Ezechias, and Josias, 
there c >uld be drawn but one example of a 
king deposed by a Levitical anointed priest, all 
the schools, and pulpits of Italy would ring of 
it ; but it falls out happily c ut quod pnecepto 
* non jubetur, exemplo careat.' 

It was hard to pick out any grievous sin 
against the firs r table of the law, whereof Saul 
was not guilty in Iris declining days : for he 
despaired of God's protection, he consulted with 
Satan's instrument*, he slew the prophets: 
and yet it is clear, that ' ex solo indelebili 
' unctionis charactere/ only by the character 
of regal unction uncancellaule, he was so far 
privileged and secured, as well against lay- 
practices as Levitical decrees, that David ^him- 
self entitles him * Christum Domini,' God's 
anointed (which mnv seem strange, even after 
God had appointed David himself to be auoint- 
fd in his place.) And the same king and 
prophet likewise forbears at two sundry times 
to take those advantages against him up»m (it 
occasion, which the laws of God and man 
allow against an unlawful usurper to a lawful 
mauistrate, without a ' non obstante' from above 
to moderate. 

But one instance above all closeth up the 
mouth of contradiction itself »nd unloo*eth the 
hardest knot, that the Gordians of our age 
can devise to tie upon so smooth and plain a 
thread: for God himself bv his own limine- 
tion, Ihvs a heavy charge upon ins own elect, 
without all shifts of equivocal ion, or opposition, 
during the time of their distress, frhile they ( sat 
mourning by the streams ot Babylon, and hanged 
their harps upon the willows, that they should 
not only ' quaprere pacein illins civitatis,* seek 
the peace of that state, which was tin seat of 



279] STATE TRIALS, 4 James I. \606.— Trial qf Hairy Garnet, a Conspirator [2*0 



their exile by divine direction ; but, which it 
much mure pregnant to this purpose, that the? 
should pray for it, ' £t in pace illius civitatis 
' suain stabilirent pacem,' and in the peace of 
tout state politic, enfold, settle and establish 
their own peace and tranquillity. So hard it is 
for the policies or passions of men either to 
work or to dispense against the directions of 
God : and so far is the purpose and providence 
of God, from leaving the reins of order loose 
in the neck of precipitate audacity. 

Now Mr. Garnet, whether your scope and 
drift hath been to pray for the peace and pros- 
perity of the king's estate, (which of necessity 
must enjoy the privilege of Babylon, if you will 
needs account it Babylon) I wiLl not appeal to 
your own seared conscience, but to that hymn, 
* Gen tern auferto pcrfidam,' foully wrested and 
abused by your wreckful rage. 

And touching the second point, whether you 
have sought to enwrap the peace of your pro- 
fession in the peace of the state, or not, I will 
be tried by the Powder-works. But to "be 
short, these reasons and examples drawn out 
of the' law of Moses makcth the matter clear, 
how far the Levites might undertake to deal in 
censuring the crimes of kings, their office con- 
sisting altogether in humility and piety. For 
though I grant, that assaults were made in 
those days upon the persons of some kings, 
sometimes by express direction from God, 
which ceaseth in our days, and sometimes by 
the practice and presumption of traitors, which 
are no more to he justified, than the robberies 
that are committed daily at Stungate-hole, or 
at Shooters-hill : yet for our instruction it ought 
t > suffice, that no such plain songs are set out 
in the books of divine tablature, and therefore 
upon false grounds no state ought to suffer, 
either any kind of new descant to make new 
division in old integrity, or such a conceited 
kind of voluntary, as only serveth to please fac- 
tious humours. Sure 1 am, that though the 
rod of Moses were once only turned into a 
Serpent to give terror, yet the rod of Aaron 
was preserved ever, not * in campo Martio,' 
but ' in testimonii tabemaculo,' sprouting forth 
green leaves and sweet blossoms. 

But now to draw nearer to the life of that 
discipline, which among Christian* ought rightly 
to be reputed regular, to examine principles, 
and enter into the school of Christ orderly ; 
we must refresh your memory, Mr. Garnet, in 
putting you in mind, that our Saviour himself, 
who ought to be the highest object of your 
i nitation, lived obediently to the laws of the 
state in whiih he .was born, though perverted 
by pharisaical constructions and glosses ' in 
' sensuin reprobum,' and ' ex diumetro,' repug- 
nant to that scope of reformation uhich he 
Oiily iiiuud at, without practising with discon- 
tented persons against the 1 torn an tyranny. 
either to displace the governors, or to change 
the government. He commanded his disciples 
to give unto Cesar what is due to C«esar, re- 
serving unto God what of right belongs to him. 
Christ would not take upon him to divide a 



temporal inheritance, though pressed earnestly 
by tne party that was in suit: much less is it 
possible that out of passion he would have dis- 
turbed monarchies* or transformed monarchies. 
To prove further that his kingdom is not of 
this world, he reasons a comequenti, because 
his followers did not put themselves in arms in 
his defence, as otherwise undoubtedly, in case 
his empire had been squared by the common 
rules of secular affections and devotions, they 
would have done; though in our days that ar- 
gument was easily discharged, and that want 
powerfully supplied by others of that suit, that 
account it a breach of the church's liberty to 
dissolve or forbid garrisons.* It is true that 
change of accidents may breed a cliange of 
temper, as well in bodies ecclesiastical as na- 
tural ; for the church may be at one time mora 
quiet, safe, and prosperous, as we may be bet- 
ter or worse disposed, more hot or cold, more 
sick or whole at one time than another. 
But as it were a strange kind of fit that could 
transform a man with Apuleius into an ass ; 
so were it as strange a variation in the compass 
of the church, to alter patience into power, the 
spirit into the flesh, and humility into cruelty. 
For philosophy doth teach, that external acci- 
dents change inward qualities : but without 
an absolute transmutation ' ipsius speciei,' of 
the very kind itself, they change no substances. 
Therefore I wonder how Gregory 7th and after 
him Boniface 8th durst adventure to claim 
the exercise of two swords, like wary fencers, 
in one scabbard, out of a text pitifully set upon 
the rack for lite countenance of a two-fold ju-  
risdiction, the pm>uit whereof hath and will 
cost many lues, ' priusquam sententia judicis,' 
touching that particular, * in rem judicatam 
' transeat.' Yet I am sure that Christ the law- 
maker gives them over in the plain field, when 
they fall to dealing blows, and instead of sound- 
ing a point of war, cries out to all his own fol- 
lowers, ' Cur non pot i us patiuunii' Since it is 
certain that ' in patientia possidtntur animr,' 
souls are possessed in patience : a maxim far 
more sound and honest, than that other of the 
school-men, * praecipitantur principes,' by cen- 
suring and skirmishing. From the consistory of 
our Saviour cometh a direct prohibition, that his 
disciples should not * do in man sicut reges gen- 
' tium,' domineer in that fashion or manner 
that the kings of the Gentiles did: but if those 
bishops, that derive their painted and pretend* 
ed right of deposing kings, from the power of 
Christ, might be justified according to the na- 
ture of the pi- a which thry put in, they should 
* doininari plusquain rtgis,' more than kings, 
both by setting themselves aho*e all kings in 
their temporal estates, and presuming by cen- 
sure to deprive them of their dominions ; » hich 
(setting aside the due homage by such kings 
as owe suit and service to supcriois) none could 
expect, much less demand <>f other : nor did 
ever set their foot so hard in tnr necks of their 
peers, us pope Alexander did in the neck of 
Frederick. For, is it likely, that when Christ 
not only commanded Peter to put up his sword, 



251] 



STATE TRIALS, 4 James I. 1606.— in the Gunpowdtr-Pbt. 



[282 



drawn with greater zeal in passion, than judg- 
ment upon deliberation, but added also to that 
charge a cominination in generality, that who- 
toever drew the sword should perish by the 
•word ; his purpose was to bind the hands of 
hit apostles ? but yet to leave the passions of 
tho^e that should succeed them, at hill liberty. 
Christ paid tribute unto Cesar, as appeareth, 
at well for Peter as tor himself; thereby mould- 
ing the measures and proportions of the 
church's conformity. For strange it were, 
that * here* succedens in defuncti locum/ the 
heir succeeding in the place of the deceased, 
should by any law be strengthened and enabled 
to do more than the testator himself might have 
done; or the party to whom delegation is 
transmitted, than the principal that did dele- 
fate. One rule can never fail, That ' discipu- 
4 loV is not ' supra magistrum,' because he can 
never fail that gave out that rule: and if a man 
abserve it well between the function of Christ 
which was ' magisterium, 9 and the scope 
now shot at, which is ' im peri una,' the 
difference is infinite. Our Saviour acknow- 
ledged to Pilate, that the power which he 
both had and exercised over him, was not 
terrestrial, nor temporary, but it was from 
above : to which doctrine nothing can be more 
repugnant, than the schoolmen's dream, that 
aar princes having at this day the like jurisdic- 
tion with piety, to that which Cassar held with 
pride, should be subject touching their estates 
and dignities, to the censure of his disciples, 
who in person, whilst his conversation was here 
en earth, renounced that prerogative out of 
disparity to the soope and end of his office. For 
as our Saviour doth prove d minori in another 
place, that his disciples ought in reason to wash 
one another's feet, because he, that was their 
master had vouchsafed out of humility to wash 
theirs ; by the same consequence I prove, that 
whosoever professeth to be * imitator Petri/ (as 
Peter was ' imitator Christi^ ought to desist 
from forcible intrusion upon these undue claims 
af more than imperial prerogatives, which were 
•either challenged by any Levitical predeces- 
sor, oor possessed by the testator, nor con- 
veyed by the testament. For the grant which 
was cooveyed by God the Father to his Son, 
' omnis judicii,' of universal judgment both in 
heaven and earth, is absolute; whereas the 
Charter which the church of Christ receiveth 
•f her spouse, is limited and tied to the vali- 
dity of the evidence and the strength of wit- 
nesses, with the prescription of antiquity. 
When Christ knew that some would even in 
sassioo make him a king perforce, and mangre 
as affection and resolution, ' fugit in montem 
' solos f whereas they themselves, as * Succes- 
4 sores Christ i, et hwredes apostolorium,' de- 
scend from the mount of contemplation into 
the valleys of secular agitation, to make a party 
for their advancement ' ad regalia Christi,' 
ande a difference between his disciples, fol- 
lowing a master that had not so much as the 
fox, a hole wherein to put his head, and those 
dwell is ' regain oomibus f whereas now 



the difference, if there be any, is on the other 
side. This orderly and modest manner of pro- 
ceeding, recommended by the Lycurgus of the 
gospel, which is Christ, was continued by the 
reverend apostles during their time ; and like* 
wise by the godly bishops that succeeded them, 
for the space of a thousand years : for further 
than the censure of esteeming those as ethnicks 
and publicans that wilfully refused to give ear 
to the doctrine of the church, 1 find not that 
the church presumed, the popes challenged, 
nor princes acknowledged. 

St. Peter, from whose prerogative many seek 
to derive this privilege of deposing kings upon 
conviction, or rather supposition, as it happen- 
ed for the most part, of contumacy, commands 
the faithful to obey even that prince that was a 
butcher of the flock, and a bloody tyrant in his 
time (because he was superrxcellent) and all 
magistrates that were subordinate in charges 
and employments under him. He forbiddeth 
all good pastors also, which ought to be ( forma 
' gregis,' the pattern of the flock, ' providere 

* coacte,' to provide by compulsion, or 4 in cle» 

* ris dominari,' to domineer among the clergy, 
tho' that be within the compass of their own 
square, much less meant he to set them over 
emperors and kings, that are fixed in the high* 
•est element; nay, which is more, he denies 
flatly, if we may give any credit to that author 
which bears the title of Saint Clement, that 
any of his successors were ordained by God, 
to be ' cogi)it->res negotiorum secularium,' ex- 
aminers or judges of causes that are secular, 
which is now become the chiefest scope and 
object of your primacy. 

Wherefore if Peter were commanded to put 
up his sword, when Christ was at his elbow to 
heal, as he did, the greatest wound that it could 
make ; how much more ought his successors to 
keep the sword within the sdubhard, since it is 
soberly and orderly put up, and thnt they may 
do more hurt in their passion, than they can 
help by their privilege ? St. Paul, his fellow 
martyr and apostle, would never have sub- 
jected ' oinnem an imam/ every soul, whether 
they were bishops or monks, regular or secular, 
as Chrysostom notes, to superior authority, in 
case he had been privy to an exemption of 
some souls by express warrant. The quality 
of evil princes ought not in reason to exte- 
nuate the force of the inhibition, tending to 
the peace and order both of church and state : 
for then St. Peter would not have commanded 
servants to be subject to their lords, ' non so- 
Mum bonis & modest is, sed ctiam dy&colis,' not 
only to those that are good and modest, but 
also to those that are perverse : ' Non propter 
metum, sed propter conscientiam,' not tor fear 
but for conscience, saith God's spirit. Neither 
would St. Jude have censured those malecon- 
tcnts so sharply that do 'spernerepotestatem, 

* blasphemare majestatem,' not in respect of 
their glory, but of their lieutenancy. This is 
not the readiest and best resolution, ' manendi 
' in vocatione,' of continuing in our vocation 
without impatience or strife, to wind our obe- 



2S3] STATE TRIALS, 4 James I. 1600.— Trial qf Henry Garnet, a Conspirator [284 



dience out of that obligation wherein the gos- 
pel found u«, and God until elected us. The 
servants of God had recourse in all times to 
lawful remedies, upon the offer of unlawful 
wrongs : and tho* there could not be a worse 
prince, or rather a more ugly monster upon 
earth, th:tn he that held the place of Caesar in 
the time of Paul ; yet ' Pnulus appellavit Cacsa- 
rcm/ and being taken at his word, was sent 
thither, to be tried orderly. It was lawful f>r 
the prophet Nathan to reprove David for hi- 
sin, tho' he did not pluck him out of hi* chair 
of state. Our Saviour describing II. Tod's qua- 
lity, in crafty circumvention of God's saints, 
did properly* and aptly term him, * vuipem,' 
a fox, tho' he did not undettake to hunt him 
out of his earth. And tho" to warn, admonish, 
and assure the Tetrarch, ' non licerc,' that it was 
not lawful for him to keep his brother's wife, 
were an olfice fit for a John Baptist, and a 
worthy pastor of a holy church ; yet he neiihrr 
would nor durst adventure to release his sub- 
jects of their faith which they ought him by 
their homage. Polycarpus the disciple of St. 
John, as we find him reported by Eusehius, 
dispensed with no breach of any bond, th'»' in 
cases that intend peril to salvation, as idol- 
atry, and the li!<e. Thf c'lristiaiis of the 
first age were neither Alhiniuns nor Xcgrians, 
Viyeth Teriullian ; that is, srj;i;ied with no fic- 
tion either to those asp ring parties, or affec- 
tions of the time, hut (!evu;od the service of 
tJ:e sovereign, 'ijuoiiiodo hcuit ^ i j«»is expedient,' 
so far as it was I iwful for the per>on, and expe- 
dient for the prince himself. How far is that?. 
Even so fir as thev honour him, i tit hominem a 

« 

' Deo secundum, & soln Deo minorem,' as the 
n-'xt person to God, and inferior to him alone, 
wi;li-n:t making him, as some did, a competitor 
with tho Omnipotent. 

lionet men will >t.$rt and shrink at those 
loud alarms, w!ien thev re id with how <;re:it 
obejience and humility, that Mossed fit her 
Athaii i^iu-, upon wh-ise shoulders nnr a«;ed 
mother the church of God le.incl, in the time 
of sh.irpot persecution, tot ike her rest, cleared 
hhnseli of the faUe Mispici >'n uvl wrongful as- 
pei'M oils i hat were cast on him by deuce of 
spe iknii; evil of Constantiu* the great Arian 
emperor : his dutiful respect v*ns mounded 
upon tli.il warning; of the Holy Ghost, not to 
curse i he king in the secret of our conscience, 
nor in tho m»*t private and inward corner of 
our c ibiriet to wish evil to him. St. Hilary 
would not s> much as m vlerato <:r stint himself, 
.but iei\es it \\\\ <llv to the disci et ion of a wi^k- 
91 fmpo.or, ' quatenus et ipiomodo eu;n lo'pii 
'jubeat,* how an I how fir hi would hid h jn 
speak. Sr. 'nulirose uc-knoitledgt'th no wca- 
pon-» of defence to bo so proper to the priest, as 
tear* and privers : for I can pray, saith he, I 
C in sub and weep, but I cannot rt&ist anv oilier 
way. And therefore St. Jerome to lleliodorus 
saith, a ki 15 nileth men whether they will or 
no ; a bishop those that are willing. ' Illc ter- 
* rore suhjocit, h : c servituli doiiatur.' 

To thai question moved by Douatu* out of 



faction and scorn, ' Quia imperatori cum ec- 
' clesia?' What hath the emperor to deal or in- 
termeddle with the church? Optatus a learned 
father, answers tunably to the note and ditty 
of Tertullian that is mentioned before, that, 
since God only is above the sovereign, Donatui 
in extolling himself above the emperor, as An- 
tichrist out of pride shall above all that is called 
God, 'jam hominum excessit metas/ hath now 
transcended the bounds of humanity. Tlie pa- 
tience and piety of thirty popes laying down iheir 
h»-ads upon the block successively, at the first 
plantiii£ of the church, to seal the bond of coo- 
science with the blood of innocency, may teach 
those 1 hat come after, as well to follow their ex- 
ple, as to cjaiui their primacy. For though Li- 
lierius, a pastor of that rank, was unjustly 
banished and exiled from his church ; vtt he 
never sought to right himself by the bloody 
sword, but rather by that golden rule of obedi- 
ence and patience, which our Saviour left 10 hi* 
discioles • sub siirillo,' and they to the church 
in ' deposits.' Sunaucha with his fellows may 
perhaps answer to these passages, tliat the 
church was swathed all this while in the bands 
of weakness, that the sickle carried not at that 
time an edge sharp enough for those stubborn 
weed-, and that the faithful had not as yet 
rn-sed thcni'eb cs to that height of credit, that 
might give life to their execution. Cut if the 
constancy of obedience hud been squared by 
the liberty of men's election, and this had been 
the latitude of loyalty in those well disposed 
times when bishops only sought God's honour, 
not their own pi aro^utives: surely the church 
of Christ had wanted a great part of those raar- 
t\rs and confessors, which are ranked at this 
day in the Roman calendar. They that take 
this scope, may co.iceive and publish when it 
pleibeth them, that lay subjects in iike manner 
are no longer bound to obedience and loyalty, 
than they find themselves over-weak to make 
powf rful opposition to ungodly magistrates; and 
so con f, mud ail laws of justice in the state, and 
all degrees of subjects that in private are bound 
t"» live orderly. Tertullian doth notably convince 
this paradox, as well of faUhood as levity, by 
making a clear demonstration of the strength 
and potency of godly christians in his own time, 
(which -was among the first) in case they would 
have put their forces to the strongest proof, 
since all puhlic places, as courts, consistories 
camps, and forts, were stored and furnished 
with men of that profession and quality. 

The legions that were entertained by faith* 
less princes in pay, and prospered in the 
createst actions thev undertook, might have 
purchased a far better fortune at an easier rale, 
in case they could have satisfied their own con- 
sciences by opposiim against order. If the 
godly christians that lived under Constantius 
an Arian, would hive sought their ease, by 
s'epping uver to the service of Constance and 
Gratian that were religious; they might have 
caused their own sovereign to shrink at their 
transport, that before made advantage of their 
humility. If any man viill take upon him 



2S5] 



STATE TRIALS, 4 James I. 1 600. — in the Gunpowder-Plot. 



[«*6 



more in these days, saith Chrysostome, than 
was granted heretofore to subjects that were 
wider infidels, ' Quod majora sihi concredita esse 
dixerint,' because they say that more is com- 
mitted unto them ; they must be taught, * non 

* nunc honoris sui t em pus esse/ that it is uot 
the time and place of their preferment, since 
they are as pilgrim* in this world, but they shall 
in another shew appear more bright and glori- 
ous to all men, * quundo ChrUtus apparuerit, 

* et tunc cum Christ o comparebunt in gloria/ 
when Christ appears, and they with him then 
shall appear iu glory. 1 hough St. Giegory 
confessed) himself to have been go powerful in 
Italy, that he needed not to have left among 
the Lombards either duke or count, in case he 
would have opposed confidently his endeavour 
against their rage : yet finding Theodolinda the 
queen to have been seduced slily by some ser- 
pent of that sort from the sincerity of her 
profession, and dangerously withdrawn from 
God to Belialy from piety to heresy ; took no 
harder course than by forewarning her with a 
fatherly affection, and in humble terms to take 
heed in time, that she tainted not the sweet 
bread of many moral virtues (worthy to he 
served in the 'supper of the I*amb) with the 
leaven of the fa K hood and impiety of those mis- 
believing teachers that abused her credulity. 

It had not been hard for Chrysostom, in 
respect of the tender love which "was borne 
him by his flock, not ' ad aras' only, but ' ultra 

* aras/ if his patience had been pliant to their 
desires, to have wearied that ungodly princess 
Eudoxia, that would never give him rest nor 
breath in the crooked ways of her own wicked- 
ness. But if the doctrine of some schoolmen 
in this age be found to differ so much from the 
former demonstrations of obedience and truth, 
why should I not complain, That ' nunc defmit 
4 esse remedio locus, ubi qua; fuerant olim vitia, 
'none mores siut V it is true that long after 
this, the officers of the French king, Philip the 
Fair, complained, and upon, just* cause, ' au- 
' geodasacerdotuin jura, jura rcgia minui/ that 
the king's rights or liberties were appaired by 
raising the rights and privileges of the priests. 
It may be likewise true that is written by a 
countryman of ours, that Gregory the seventh 
confessed on his deatb-bed, (but with whit 
remorse or touch of conscience God knows) 

* ex minutioiie hiicorum se saccrdotum promo- 

* visse nloriam,' which in divers words is of one 
effect: hut yet all bishops were not of that 
mind, but keeping fast in memory that ob- 
servation of the prophet David, That to drink 
of waters drawn from the springs of Bethel, 
with peril and hazard of men's lives, w:is ' sau- 
' cuinem Inhere,' to drink blood, were as cimtioiH 
in quenching spaiks of dissension and i trite? by 
charitv, as others w ere to kindle th/ in out of 
ambition and vain-dory. For- in c::se»i of this 
nature, ' Non est opus saivicntis aniline, u;\ 

* tnedentis studio:' f>r charity is piitient and 
courteous, * Nee inflatur nee est tmibiiio»a.' 
Peter hath two keys, one of knowledge, another 
of powers these are prepared and fitted also 



to two locks, that is, induration and ignorance: 
and hardly shall we find, that without both, 
and a sure use of both, any strong locks of 
opposition or obstruction have been opened. 
Wherefore no man need to doubt, but that 
amoug so many godly, grave, and learned 
bishops, as will ever rank themselves * tanquam 

* in acie ordinatu,' to discourage and affright 
the forlorn hopes of Simaucha's school, these 
positions will sink : and some that have been 
loth to yield out of humour, yet v\ ill be forced 
to faint out of cowardice. 

The godly learned never once vouchsafed to 
lend their ears to the deceitful tunes of bewitch- 
ing charms; rather grounding their opinions 
upon the fourth council of Toledo, by which all 
soits of persons are condemned without distinc- 
tion or exception, ' Qui fidein regibus suis sa- 
6 cramemo promissum observarecontemnerent,' 
that contemned or scorned to keep the faith 
which they promised by oath to their sovereign ; 
taking by this first part, all perfidious traitors 
in general. 

But that which follows, pincheth Navarre 
and his disciples at the very heart: ^Ut ore 
' siinularent jurainenti ivofessionem, cum mente 
' retinerent perfidisimpietatem,' and with their 
mouth dissembled a profession by oath, when 
in their minds, or mentally, to use the very 
word of our school-men at this day, they re- 
tained still the wicked purpose of treason, 
indeed Pythagoras imprinted nothing iu the 
minds of hi* scholars more deeply, than that 
profane verse, ' Jura, perjura, secretum pro- 
' dcre noli.' 

The Epicure on the other side was satisfied 
' modo inentem injuratam gereret, etiamsi tin* 
' gua juraret.' And you, Mr. Garnet, (to make 
up such a triangle as can lit ver be reduced to a 
cube, that is, a perfect square; divulge and pub- 
lish to your auditory (which those blind philo- 
sophers durst not profess beyond the compass 
of their schools) that it is lawful to draw words 
to the sense of thoughts, to cast a mist of error 
before an eye of single trust, and to deceive 
your brother for your own security. 1 am very 
sure thejearned fathers neither knew the way, 
nor had the will to escape by such a kind of 
' deceptio visus/ as directly tends • ad destruc- 
' tionem aniline/ For when Athanasius was 
overtaken by a pursuivant, and asked 4 Quau- 
' turn inde ubc«set Athanasius?' how far Atha- 
n:\fcius wib from thence? though it stood upon 
his lilt- in a time, as you make of this, of perse- 
cution, and he a person far more choice and 
dainty for the defence of God's own quarrel, as 
appeared l.y hit quick and sharp encounters 
with the professed enemu-s of truth in that holy 
Nicvnc c<.uu< il, than von are in this kingdom 
for the ju«t;rici.lion ot those bad alteu.pts and 
impioii* uctioos which you take in hand, yet he 
answered ;»» freelv without fraud as fear, * non 

* longe : , .i , e*-c Aihanasium :' which was very 
true. because lu.' uas the man for whom the 
party -mi*.: hi, and cired httie, ;.s appears, how 
soon ths'V r.i t him. A man of weak conceit 
may apprehend how far our Saviour h.m&clf w;u> 



287] STATE TRIALS, 4 James I. 160G.— Trial qf Henry Garnet, a Conspirator [289 



from these chyinical conitructions and evasions 
sophistical, by chat universal proposition, * Qui- 
4 cunque me negaverit,' whosoever denied him 
before men, should be denied by him before his 
Father, &c. For to put out cautious equivoca- 
tors from all hppc of succour in this straight by 
their distinction of verbal and mental negatives, 
I urge the precedent warning in that very text 
before, ' >Ion tiuiere cos qui occidunt corpus, 

* et aniinain. non possunt occidere ;' not to fear 
chose which have power only to kill the hody, 
aud not the soul. For if our Saviour hud left 
his disciples such a strength of surety for retreat 
upon pursuit, as verbal flourishes, whatsoever 
were conceived or resolved in the mind, he 
heeded not so carefully to arm them with en- 
couragement and hope against assaults of cruelty. 

The passages which both you and other of 
your complices wrest from the mouth of Christ 
himself for a fair countenance of cozenage in 
this labyrinth, would rather * commovere nau- 

* seam qunm bilem :' though I must tell you, 
that singular examples drawn from our Saviour, 
that was both God and man, and not only knew 
by his eternal wisdom, but was also by his 
matchless power to rectify whatsoever seemed 
to our dull conceits obscure, are neither rules 
of our encouragement, nor warrants for our 
imitation. I make no doubt for my part, but 
these eggs of equivocation and mental reserva- 
tion, never engendered nor covered by fairer 
birds in better times, were hutched, as the poets 
feign of oiprays, with a thunder-clap. For 
among the martyrs and pastors primitive, their 
praises were resounded with the -loudest and 
sweetest cries, that were most resolute, without 
evasions or tricks, tolny down a transitory life in 
a moment, to the purchase of a better in eter- 
nity ; so far they were from forcing wit, or strain- 
ing craft t6 secure cowardice. But to pass over 
this just motive of digression, 1 will conclude 
the chief point, which is the care best men have 
ever had, to prefer obedieuce before security, 
loyalty before lite, with a discreet answer of a 
pope to a king of ours, which may serve you for 
a better precedent in the course of patience, 
than that either of Gregory 7, Boniface 8, or 
Alexander 6, in their practices of extremity, if 
it so stand with your pleasure, ltichard the 
holy warrior, having committed a Norman bi- 
shop prisoner, whom he took in field against 
him with his coat armour upon his back, re- 
ceived within a while after an urgent request, if 
not a powerful instance, from the pope, at the 
earnest desire of other bishops, for the prisoner's 
enlargement ; whom it pleased his fatherhood 
in the letter, by a word of indulgence, but yet 
without that ground of equity which moved the 
apostle, 4 obsecrare pro Alio suo, quern genuit 
' in vinculis,' to press Philemon for his son One- 
simus, whom he begat to Christ and his church 
in duress, to call his son. The king wittily al- 
luding by his answer to that place in Genesis, 
where Joseph's parti-coloured and pied coat 
was offered to the aged father stained and 
sprinkled with blood, sent not the prisoner who 
remained fast, bat the coat armour, which was 



loose, to the pope, inquiring * a beatissimo Pa- 
4 tre ' (by this mild question) ' an hiec esset filii 

* sui tunica r* whether tins were the coat of his 
son ? The pope surprized with a demonstration, 

. and observing needfully the marks which could 
not lye, returned a grave answer to the king, 

* Nee hanc esse filii sui tunicam,' That neither 
this was the attire of his son, nor he purposed 
so to acknowledge the party that was taken in 
that coat, and therefore left him wholly to civil 
justice, and the king's gracious pleasure. For 
it is true, that ambition, which is most bold 
upon advantage, is most cowardly upon sur- 
prize : and howsoever humours may sometimes 
urge minds that are not evenly balanced with 
discretion and conscience, to undertake attempts 
ever above duty, and oftentimes above their 
strength ; yet second wits observe the slips and 
errors of the first, and thereupon concluding at 
more leisure out of judgment, that * vis expers 
' coiisilii mole ruit sua/ they begin likewise to 
fear that vast desires as well as buildings, where 
foundations are nvt firm, sink by their own 
magnitude. It is not possible that humours 
should be durable, considering that * materia 

* prima,' the first matter, out of which they 
spring, like Proteus, is capable of as many shifts 
and forms as the world hath variations and 
accidents, wearing and consuming like a gar- 
ment with incessant use: but the moral virtues 
which have their root in the Deity itself, and 
derive their influence from grace, must of ne- 
cessity be co-eternal with their author, who 
doth not only plant, but water, aud produce 
out of his own goodness, correspondent fruits 
that suit their original. 

By these demonstrations we learn what laws 
were current, what bounders kept, and what 
course and manner of proceeding wus observed 
towards princes by modest bishops, which either 
lived very near, or imitated those that lited 
next to the precedents of apostolic humility. 
Now therefore it shall not be impertinent, the 
subject moving in due place and with due cir- 
cumstance, to descry, not by idle imaginations, 
-but by evident impressions, how covertly, and 
as it were by stealth, incroachments crept upon 
the carpet, before they durst by any forcible 
attempt invade the seat of power : * et cum 
' dormircnt homines, venit homo inimicus;' and 
when men were in sleep, the devil came, ' et 
' superseminavit zizauiu.' It is confessed in- 
differently by all persons of all sorts, that art 
either judicious or sensitive, that those maxims 
which pierce to the center, and touch the very 
life of conscience, ought rather to be fixed upon 
the pules of constancy, than carried upon the 
wheels of change ; and that not Israel alone, 
but ail moral and indifferent affections ought to 
answer Amen to the curse which God pro- 
nounced with his own mouth against all men of 
whatsoever quality, that dare presume to re- 
move or put aside land-marks, or bounders of 
jurisdiction, which preserve peace : and yet bj 
tract of time and long experience, we sec that 
4 ab illo motu trepidationis,' ever since that 
trcpidatiou or quivering, as it is termed by 



3S9] 



STATE TRIALS, 4 James I. 1606.— in tlie Gunpowder-Wot. 



[200 



astrologers, winch prevailed in tlie minds of 
tearful princes, under powerful strains, there 
liave been many variations of degrees and dis- 
tances in the conclusions of church government, 
especially within these last 6Q0 years ; which 
moves wise men to resort to the judgment of a 
crave philosopher, discoursing of diversity of 
times and persons that did sway those times, 
either by predominance or art, * quo minus ob* 
* oriu aberant,' the less distant they were from 
the first original, the more perfectly they dis- 
cerned truth : and of the same mind is Tertul- 
lian, ' perfection prima,* the nearer the spring 
head, the purer streams : winch is the scope of 
our industry. 

To rip up matters therefore from the very 
root, without obstruction or passion, we may 
observe, that so long as the plough of persecu- 
tion did not only make deep furrows on the 
backs of godly bishops by tort ore, (which the 
prophet by the text in the Psalm, ( Super dor- 
' sum meum fabricaverunt peccatores,' seemeth 
to touch) but by vexation and anguish also in 
their very souls, which those humble spirits 
feel that are most sensitive of die least scratch 
given to loyalty ; it rent up by the roots all 
those weeds ot ambition and emulation which 
in calm seasons are apt to spring out of the 
rank grounds of original infirmity : for till the 
blessed reign of Constantino, wlterein the rage 
of persecution began to cease, I find almost 
universally no o titer kind of strife among the 
godly fathers, than whose counsel or endeavour, 
by a religious and modest kind of emulation, 
might be of best use to the propagation of the 
Church's limits, and of God's glory. The 
Church itself (which is the body mistical of 
Christ) might by analogy be properly resem- 
bled to the stomach of a body natural, which 
though it receive much, yet makes equal distri- 
bution, by dividing and dispersing that which 
it receives, to tlte use and sustenance of all the 
other parts, which would otherwise decay, and 
by degrees waste and perish. 

If all this while a tribune had stood up to 
complain against the Church of Rome, us Me- 
seoius Agrippa did against the senate, com- 
paring it to the belly, which devoured ull, and 
did no good, the poorest and the weakest mem- 
ber would have utterly disclaimed and dis- 
avowed the least sense of such a wrong : but 
if the belly afterwards by caring only how to 
feed iuelf, did pine the other parts (as the po- 
pular* did then suggest) and by transforming 
the orderly and well compacted body of the 
state politick into a monster, by so great dis- 

Cx>pmtion of nourishment, did violate the 
ws of nature, and dissolve the bonds of union, 
we must confess, that both Menenius with 
them, and, if the case be like, all faithful pa- 
triots and members among us, have reason to 
require remedy. 

It is certain, that the end of these first bi- 
llions was then to feed the flock, not to fill the 
pail; to spread the faith," not to extend the 
line; to draw kings to perfection, not to de- 
foe them from their states ; to settle peace, 

VOL. II. 



not to raise dissention ; to prepare the snbjects 
hearts to obedience, not to inflame it with pre- 
judice; to be at peace with all the world, hold- 
ing peace of conscience to he all in all, so they 
might train to Christ, and in no case to shew 
tlieuiselves ' percursorts/ ot- ' violentes,' which 
the canons of the church, beside the prohibition 
of Paul himself, will not suffer. 

Some of the latter, but be?t learned, writers, 
finding by the curious examination of sundry 
passages, and infinite interpreters, how hard, 
or rather how unpossible it is to prove their 
title to this high prerogative of doposing f kings, 
by direct evidence out of the word of God, and 
such witnesses of record as are above excep- 
tion ; resort to prove by charier, grant, and 
privilege from princes pieties : as for example, 
from Coustantine the first and best, Phocns 
the first and worst, Inaking of the West Saxons 
that was religious, and king John that was im- 
pious, as well ' sans foye,' as his title was ' sans 
terrc.' In which crew, some intending serious 
devotion, others pretending feigned satisfaction 
to other ends; and all, as the times then 
taujjit, that" no seeds spriug up more speedily 
than those which are sown * in area Dominica/ 
for redemption of souls, left them better earnest 
of tlieir hopes by gift, than our Saviour did in 
his testament by legacy. Against the pretended 
charter or donation, which some of the canon- 
ists more zealous than judicious seek to derive 
from Constant in e to Sylvester, though 1 need 
say little, because the best grounded judgments 
and most modest spirits of that sort, have torn 
away the painted visard from that warped face; 
yet because in mutters of this moment too 
much cannot be said, I mean, more succinctly 
tlian the nature of that subject, being once un- 
dertaken, doth permit, to press some short ar- 
guments. First, how unlike it is that Sylvester, 
the next bishop i»ut one to that worthy and re- 
nowned rank of martyrs that lost their lives for 
the profession of Christ, should upon the first 
pause of respiration to take breath, after so 
many manful combats against God's enemies, 
abuse the favour of so gracious a rime, by hunt- 
ing after the vain tenures of principality. The 
bishops that have kept themselves above water 
all (his while, by the strength and favour of that 
powerful hand, which supported Peter on tlie 
seas when he was at the point to sink, by 
learning now to swim suddenly with tlie blad- 
ders of the worlds ambition, might have cast 
themselves into greater danger of drowning in 
the rivers of Damascus, than in the Red-Sea 
that the saints passed over. 

Platina reports out of tlie pope's own re- 
cords, that Sylvester refused at the hand of 
Constantino 'diadema geinmis disiinctum,' a 
crown or diadem set with precious stones, as 
an ornament not convenient nor agieeable to a 
pastor in his place. Though godly Nestor calk 
it only ' signum superbie,' a sign or bndue of 
pride; Sylvester should have been found guilty 
nut of align, but of pride itself, and that in 
die highest kind, by the grand jury of all his 
predecessors saints in heaven, iu case he had 

v 



$01] STATE TRIALS, \ James I. 1606.— Trial of Henry Garnet, a Conspirator [292 



accepted what these men certify to have been 
offered. Among the fathers and Motorics of 
the church (how copious and large soever in ex- 
pressing the great favours which the spouse of 
Christ received by the piety and bounty of this 
emperor in other kinds) appears no scrip of 
evidence to make good this grant; which were 
nu argument of great ingratitude, if they had 
either heard of any disposition in the prince 
to give it, or in ihe pope to accept it. Neither 
is it like that so leligious a prince would have 
left that to his son, that he gave to the church, 
nor from thence his godly successors, as Theo- 
dosiu->, would have detained it. Betides, all 
writers prove how powerful the lieutenants of 
the Greekish empire, whom they called Ex- 
archs, were long alter the date of this pretence, 
which could not stand with the strength where- 
in hereby they strive to plant the papacy. I 
find by direct acknowledgement, 4 \enisse pro- 
• ventus, &c.' that revenues came from certain 
places for the maintainance of the church of 
St. Paul, erected at the humble suit of Sylvester 
hy Constantine; and from Sardinia, by the 
report of some, to that church which his holy 
mother built. Again, that the tributes were 
conferred on the churches, which some cities 
payed into the exchequer in former times: and 
these I take to be the shadows and colours of 
this idle dream. For of the charter itself, 
which exceedeth ten times in value all that is 
recorded touching churches in particular, and 
in rt spect of a greater eminency and preroga- 
tive, should ha\e carried a far greater reputa- 
tion, and made a fairer shew, there is not so 
much as a mark whereby they may take their 
aim that are most ambitious. How little cre- 
dit, strength or honour any church can gain by 
deriving charters from 1'hocas, a lascivious 
faithless tyrant, wickedly embrued with the 
slaughter of Mauritius his master, wife, and 
heirs, and usurping that estate unjustly, 'by the 
countenance whereof he was bold to give more 
than either of right he ought or could, I h nve 
to their opinions that love to measure claims 
and titles rather by the line of equity, than by 
the lust of ambition. But yet to muke more 
of a tyrant by vouchsafing a short answer to his 
shadow, than in conscience is requisite; I first 
infer that such charters granted chiefly upon 
ground of cunning, and with a purpose to 
maintain the plot by party, which was un- 
dertaken and begun by fraud, might either 
have been afterward revoked by himself, or an- 
nulled und repealed by his successors: and fur- 
ther say, by judgment of the hot civilians, that 
no prince's act is warrantable, without the pub- 
lick assent, accordiug to that maxim, ' Quod 
' oiniies tangit, ah omnibus approbart debet/ 
that tcudeth to the state's prejudice. 

Last of all, I prove that our country in par- 
ticular could take no copper by this transpo- 
sition, admitting it to have been sound and ab- 
solute, because we were excluded from the 
care, protection und providence of the Roman 
empire, very near two hundred years before 
that Phocas with his bloody hand began to steer 



that monarchy. For after that, Actios, lieute- 
nant for the Roman emperor in the parts of 
France, did only tend instructions and orders 
to the wasted Britons how to range their bat- 
tles, and dispose their fights, with a careful, and 
yet a final answer, not to look for any more 
supplies or aids for that estate, which then fell 
into faction, and was no longer able to support 
itself; the Britons N holding themselves aban- 
doned; (in which case all laws free them both 
of duty, and dependency) after many bloody 
battles under their own kings against the Scots 
and Picts, fell into the Saxons hands, who like 
a Pharaoh that never knew Joseph or Ins fa- 
ther's house, erected a brave monarchy, tho' 
sometimes quartered and divided into many 
parts among themselves, and maintained it in 
absolute authority, without acknowledgment of 
any foreign or superior command, lilt by a se- 
cond or third relapse, it became a prey to the 
Norman conquest. Wherefore Phocas having 
neither possession nor right in this state (left by 
negligence, or abandoned by necessity so ma- 
ny years before,) could convey no more to the 
church, chun he either had, or ought to have, 
which was ' accidens sine subject o, individuum 

* vngtiin,' and a ' nihil indecliunbile.' The con- 
tribution of Peter-pence to Home by Ina, being 
called in the Sax on histories the king's Aline- 
sou, in the laws of Canutus, ' Larga Regis be- 
4 ni»nitas,' and in that abstract which is left of 
the Confessor's and Conqueror's decrees, ' Regis 
' elecmosyna,' proceeded, as the words import, 
not of duty but of charity; and in respect 
of any temporal prerogative, which is the key 
of these aspiring claims, doth rather prove the 
pope then silting to have been king Ina's 
beadsman, than king Ina then reigning, to have 
been the pope's homager. 

1 could all edge also an allowance of a special 
mansion for English pilgrims that were drawn 
to Rome about affairs, tearing that title to this 
day, in respect of the great piety and bounty of 
the Saxon kings; which falling within the com- 
pass of that natural contract * Do ut des,' co- 

: piously handled by the civil law*, and compared 
with the contribution, may rather prove an ex- 
change than an imposition. 

To the colour* of king John's donation, who 
was as likely to have parted with his soul as 
with his crown, and upon the same conditions, 

j if necessity had ptessed him; 1 could give sa- 
tisfaction by that sound note of a monk of Saint 
Albans, according tunably with that former 
concerning Phocas out of the civil laws, that, 

* Regis non est dare regnum, quod est respub- 

* lieu, sine assensu Baron urn qm tenentur reg- 
' num defendere :' and therefore he cannot give 
awny the ports and cities, which are branches 
and members of the main. But I will take it 
up a strei^hter link, and avow by Matthew 
Paris, that so far was the parliament, which he 
termeth ' Regni universitatem,' from assenting 

* detestanda? obli<;ationi' to this detestable ana 
hateful band, a< it is fitly called by the monk of 
Westminster, that the inetropolitate himself, 
4 pro universitate contradixit,' contradicted and 



293] 



STATE TRIALS, 4 James I. 1606.— m the Gunpowder Plot. 



[29* 



withstood it in the behalf of the whole parlia- 
ment. 

The judgment of Philip the French king upon 
the publication of this charter is much com- 
mended by a writer of that age, for the defence 
of this Paradox, which he thought would prove 
' peroiciosum regibus et regnis exemplum,' a 
dangerous example, and fearful precedent both 
to kings and kingdoms. He would have men 
reiort to Peter's successors about matters that 
concern the soul, and not ' de regnis, guerris, 
' vel militia/ which do not belong to him. Last 
of all, the saying which was luckily inserted in 
this charter or donation, namely, * Salvis nobis 
1 et heraniibus nostris justitiis, libertatihus et 
' regal i bus nostris,' makes it absolutely void 
and of no effect : the main prerogative being 
safely preserved, by God's providence, which 
the king would otherwise have let blip, by a 
circumvented and over-awed facility. It is re- 
ported by the monk of Westminster, a witness, 
according to the stale of those times, of best 
regard, that the pope residing and abiding at 
uon%, this detestable graft) t was burnt. The 
author of Eulogiutn addeth further, that it was 
released ' cum omni ndelitate et homagio,' by 
the pope's direction to the English parliament. 
And sir Thomas More, that lost his life in de- 
fence of the pope's primacy, deserves best of 
aoy to be credited in my conceit, avowing, 
first a weakness in the king seeking to subject 
his crown to superior commands ; and next, in • 
the grant a nullity. Besides, not only sir Thomas 
Mare affirms, that the pope's imposition, with 
the king's concession, was never paid ; but it is 
farther fortified by addition out of the roll of 
parliament, in the fiftieth year of Edward 3rd, 
that wlkett the king was threatened with a cita- 
tion from Home for detaining dues upon this 
grant, with large arrearage, the whole body 
spiritual and temporal of the kingdom there 
assembled, after grave deliberation and long 
advisement, ' resisterent et con trad icerent, avec 
' Unite lcur puissance;' and upon tliese grounds, 
that tbe charter was against the king's oath at 
kts coronation, and without the voice of his 
parliament. 

Since therefore Pbocas, Ina, John, nor Con- 
stantuie, add any further weight to the pretence 
of a deposing interest, than was in charge be- 
fore; discretion and observation will judge 
whether the state of the Roman bishops were 
not had in greater reverence while they sought 
to win by piety, than to strain in passion, to 
bow than to break, and to temper than to ex- 
asperate. Religion and humility then were the 
corner-stones of that stately front which the 
world so much at the first admired in the 
church of Rome, tho' afterward by the change 
of bishops in that see, and of humours in those 
bishops, so great a Iteration was found, as Mi- 
aervm coming afterward to Athens, could hardly 
take notice of her own ship, nor Constantiue at 
Borne of his own nurse: nor, as St. Hierome 
notes of painted women, that cast up their eyes 
to heaven, if we consider how many false 
tobars hart been set upon the pillars of 



church government, hardly Chtist of his own 
creature in the time of pope Alexander the 6th, 
if he had been put in mind to call on him. In 
the beginning it agreed with Daniel's image in 
the head of gold for godly government, in the 
breast of silver for unspotted conscience, and 
in the legs of brass for incessant industry. But 
afterward in succeeding age«>, the heads of many 
popes grew humourous, their breasts avaricious, 
and their le*s idle. 

That holy Nicene Council, whereof I never 
speak without reverence and due regard, in 
that .great division which was made of the pa- 
triarchal jurisdictions according to the state of 
the church in those davs, for establislunent of 
discipline and preservation of unity, speaks not 
one word of any temporal command, much less 
of any right in suspending or deposing kings, or 
absolving subjects from their oaths of obedience 
and loyalty, to be left in the nature of an Ilier- 
lome to the Roman bishops by primitive ac- 
knowledgment. But as Sallust, very gravely 
and like a faithful patriot, complains touching 
the state politick of Rome in bis own time, that 
* postqunm divitiae honori es.se cue p ere et eas 
' gloria, iinperium, poteutiasequerentur;' Fac- 
tion and pride began to creep up to the seats of 
senators, and the publick justice of the state to 
shake : So likewise in the church we find, that 
upon like corruption like disorders grew, and 
many weaknesses began daily more and more 
to disclose themselves in those bright sun-shine 
days which the saints enjoyed by the bounty of 
a better prince, as cockle starts up when corn 
grows ripe, which before was either shadowed 
with discouragement, or suppressed by disci- 
pline. I speak not this, because some such 
kinds of heats and quick distempers have not 
sometimes happened, and may not by occasions 
fall out again between God's own elect, as Pe- 
ter and Paul, Paul and Barnabas, and the godly 
bishops in this very council, which I press, tho' 
with that measure which becomes the ministers 
of God and his apostles successors, because it 
pleaseth him sometimes out of our error to 
raise his own honour, and to make virtue per- 
fect and compleat by infirmity : but to make it 
plain, that plenty is the daughter of prosperity, 
ambition of plenty, and corruption of ambition. 
For after that bishops were admitted to appeal 
from civil courts by the emperor himself, and 
their sentences by imperial authority were made 
equal to his own ; they began to raise their 
crest, and within a while, as it is testified by 
one of the most antient approved writers of the 
church, ' Episcopatus Roman us non alitor 
4 quam Alexaudrinus quasi extra sacerdotii fines 
' egressus, ad sccularem pricipatum jam ante 
' delapsus est :' Tho see of Rome, in the same 
manner as that of Alexandria, as it were ex- 
ceeding the limits and bounds of priesthood, 
had slid into secular principality; tho' the bi- 
shops of neither of those sees, as we may as- 
su;c ourselves, were ignorant of Paul's prohibi- 
tion to ail degrees of pastors, that they should 
not intermeddle with secular affairs, so far as 
concerns an over-dropping of .the regal plants, 



*M] STATE TRIALS, 4 James I. IfM^TrM'qf I kny Garnet, a Conspirator [290 



because a bishop should no more live out of the 
element of the church, nor a monk out ofc a 
desart, tlian a tisti out of water. For Christ 
fled into the mountains when the people would 
have made biui king : and bishops ought with 
Joseph rather to lea* e their clonks behind them, 
than to consent to the charms and vain entice* 
men ts of the woild, which like the wanton wife, 
of Potipliar stretchelh forth her anus, and, 
tvith the Syrenes, struineth her voice to draw 
them within the compass of lentation, and 
then taketli hold to drown them fti sensuality. 

Now, whereas it is said by Socrates, ' Jam 
' ante dclapsus est/ that the see of Home did 
slip before that time, whereof he speaks, into 
secular principality, 1 am induced by the report 
of Ainmianus Marccllinus, a grave writer, 
though no christian, to take my level somewhat 
higher for the finding of my mark : for he living 
in that lime about the court, and observing as 
k were from the main top of the temporal 
estate, what course was kept among all sotts 
and qualities of persons in divers elements, 
makes mention of a bloody slaughter in a church 
of Rome, %here the christians were wont to 
meet for the celebration of their mysteries, 
about the violent competition and contention 
between Daraasiw. and Ursicinus for the papa- 
cy; and taketh notice of 137 carcases drawn 
out of that church where they met about elec- 
tion : and further writcth, that Vivianus, then 
lieutenant to the emperor, was glad to make 
retreat into the suburbs, till the rage were 
tempered, or the strife ended. After this, as a 
mr.n partial to neither part, and therefore 
in nil likelihood the more indifferent and just 
in deeming rightly of the tnie state of the cause, 
he gathers the chiefest motive of contention and 
emulation about the means of compassing this 
height, to proceed from the great ease, wealth, 
and honour, that prevailed and were surely 
settled and established in that dignity. His 
reasons are, for that * Matronarum oblationibus 
* -ditabantur,' they were enriched with the of- 
ferings of matrons or great Indies : they rode 
in coaches publicly: they were choicely suited 
iu their apparel; their diet dainty, mid some- 
times above the rate and use of princes iu the 
times of their hanq&iting. That Damasus a 
competitor was one of thc<»c, Ammiaiiiis doth 
not aihrm; much les> do 1 believe, finding 
mitli what respect and reverence St. Hierom 
that had been himst It" a priest of Rome doth 
speak of him : yet the manner of his climbing 
and aspiring to the sent was scandalous, not ! 
only uuto such as were religiously devout, but • 
even to Animism us jilarccllinus that was but } 
morally precise: as doth appear by that grate , 
judgment which he gives of the blessed state, : 
which as he thinks the bishops of Koine might j 
en j°V> in case the? lived in that sober manner, i 
with that bare din, mean apparel, and humble ; 
looks cast to tlv uruund. which other bishops j 
in the country did, neither tasting nor oteoinnis | 
those choice pleasures and delights which the j 
delicncy and great abundance of that place 
aHurded them. 



This passion of a writer whom we account 
prophane, in respect he was un regenerate to 
Christ, nor nursed by the breast of his spouse 
the church, puts me in mind of a zealous 
passion in Hector Boetius, a great Roman 
Catholic, upon this very subject in the Scotisd 
history, ' Uujusmodi antistites quam sunt illo- 
' rum dissimiles quia diversa ingrediuntur via 
' cum locum illorum occupeut, Ike. 9 He won- 
ders at the difference between those bishops, 
and others at this day, which succeeding in 
their places, take another course: they glistered 
not in gold, they were not resiant in princes 
courts, they were not attended by guards, nor 
skilful in the art of dissembling, more gainful 
by many degrees than that of poetry, which 
the universities use to crown with laurel. This 
moved Boniface, I mean the martyr, not the 
challenger, to prefer the devotion of the golden 
bishops, that in the church's povertyadmimstered 
with greater fervency in wooden chalices, before 
the vanity of many blockish bishops that in a 
richer state w ith more solemnity and less zeal, 
administer in chalices* of gold; because, as 
Hierom notes, external riches add not to tho 
worth of him, * qui corpus Domini in canistro 
' vimineo, sanguinem in vitro portat ;' that car- - 
ries the body of our Lord in a wicker basket, 
and his blood in a glass. I would not be con- 
ceived by this speech, to favour their ridiculous 
conceits, that labour to draw the substance or 
the value of those vessels in which sacraments 
are administrated, to the first simplicity : for, 
the reason of David's judging it indecent for 
him to lodge in * domo cedrina cum area Dei 
' esset sub pcllihus,' draws me to a greater 
estimation of vessels appertaining to so high a 
mystery. For sure I am, that the value of 
the content, doth infi-iitely surmount the con- 
tinent; and ' in adiaphoris,' that is, thiifgs in- 
d liferent, we are left to the rule of decency. 

My only purpose is but to observe and tax 
the declination of piety, together almost at 
one instant with multiplication of metals and 
minerals, the labour which is made for charges 
and employments for commodity alone without 
conscience; and to limit those excessive grants 
* in manu viva,' which our antecessors did * in 
' manu mortua/ and the ranging of internal 
piety to external pomp, though of both it were 
better, that we wanted means that are super- 
fluous, than the moderation that is necessary. 
For Chrysostom notes two treat absurdities in 
cramming churches till satiety constrain them 
to regorge; the one, that laymen are deprived 
of occasion to shew charity; the other, that 
the pastors themselves often neglect theirduties, 
to become collectors. This is no ground for 
gleaning from the church, which at this day 
doth mther need ' Lurgitore hilari, quitm in- 
' tcrpiete muledico :' but to prove that argu- 
ments against excess and height, are the Mirett 
tenures, and the strongest pillars of stability ; 
tor ' in se mauna ruuut, summisque uegatnm 
' est stare diu.' In defence of Ammianus Mnr- 
celliuus from exception either of partiality or 
iguuraoce in that which he tpuaketb of the 



.1 



297] 



STATE TRIALS, 4 J amis I. KJOfl in the Gunpowder Plot. 



[20» 



matrons, I vouch a manifest decree set fortig 
not by the leeches and blood-suckers of the 
Church, but by Valentinian and G rat tan, reli- 
gious and worthy princes, against any gain to 
be made by the* priests of the church by ladies 
offerings; and this decree was published by 
Daiuasus himself, according- to direction of 
state: which proves that Ammianus in the 
judgment which he gave touching the motives 
of distention, and opposition, spake not idly. 

To make the case more plain, whosoever 
raiseth any further doubt, may learn of St. 
Ilierom, that some such eicess (or at least 
oversight) was censured about that time : where 
he seems not to be so much grieved and per- 
plexed with the publishing of such a law light- 
ing upon just desert, as with the motive of that 
law, which was greediness. Therefore our 
English bishops in the time of Edward 3, as- 
sented (though unwillingly) to the limiting of 
church revenues, when the state's necessity put 
in a caveat. And the pope himself pretended 
neither quarrel nor un kindness to St. Lewis of 
France, for inhibiting the grant of any more 
lands or revenues, than had been converted in 
former times to churches without his privity. 

The ground of this respective caution and 
moderation, -I take to be derived from the 
course which Moses held, being a person as 
well publicly wise, as spiritually devout, in 
commanding all the peoples offerings of bene* 
voleoce and piety to cease, after he had drawn' 
in that proportion which was sufficient for the 
furniture ot the tabernacle, where God was to 
he served and honoured. For the least excess 
in things (which with moderation are laudable) 
doth easily degenerate into vice, and all turns 
to humour that transcends the due proportion 
of nourishment. We may soon be taught in 
Genesis, that they which could be satisfied with 
no moderate degrees of altitude, in seeking to 
build castles in the air, before their spires and 
battlements might touch the clouds, were con- 
founded in their own idleness. 

You have heard how the churches of Rome 
■bd Alexandria were ingulfed in the depths of 
•ecular principality to the wound of monarchy, 
although ' spiritual is potestas non ideo pne- 
'sidet, ut terrene in suo jure prejudicium fa- 
'ciar,' saitb a learned schoolman. But how 
hardly in the mean time the civil state did 
brook these slips, let us learn (if we deal indif- 
ferently) of Orestes, who was then lieutenant 
for the emperor, and complaineth bitterly of 
tome bishops, * Quod per eos non nihil de 
1 auctoriute eoruin detractum esset, qui ad 
' magistratus gerendos design ati essent,' that 
tbey drew much from the authority of those 
persons which were appointed to bear office. 
This gallant gentleman beznn very early to dis- 
cover (and by the break of day) by what de- 
grees the mystery of ambition began to mine 
into the strength of monarchy : he feared (and 
not without great likeliliood) lest princes seek- , 
i»f to resame their rights, might in time be 
dealt withal, as the badger was by the hf dge- 
«M(: for being wounded aith the prickle* of; 



bis offensive guest, whom at the first he wel- 
comed and entertained in his cabin as an in- 
ward friend, he mannerly desired him to depart 
in kindness as he came, but yet could receive 
no other satisfaction to his just expostulation, 
than, That be for his own part found himself to 
he very well at ease, and they that were not, 
had reason to seek out another seat that might 
like them better. He foresaw by this forerun- 
ning light, That misletoe and ivy sucking by 
their strait embraces, the very sap that only 
giveth vegetation from the roots of the oak and 
hawthorn, must bloom and flourish of necessity, 
when the trees should wither. 

I know that civil jurisdiction in that good 
measure which is compatible with a pastor's 
charge, is so far from that inconvenience of hin- 
dering the growth of piety, as some conceive, 
as it rather ripens the fruits which in a further 
distance from the sun, are either nipped by the 
frost, or blasted by some bitter wind : so as ac- 
cording to that of N ahum, ' Residuum locusts 

* brucus devoret.' I tax those only that pre- 
sume by forged evidence to contend and strive 
with mighty princes for their seats, or attempt 
to set them besides their thrones, which the 
blessed Virgin makes, a portion of God's own 
prerogative. Otherwise I say with Paul of all 
the faithful, ( Si in illis mundus judicahitur, in- 
1 digni sunt qui de minimis judicent?' If the 
world shall be judged by them, are they unwor- 
thy to decide matters of least accompt ? And 
again, ( Si Angelos judicent, quanto magis se- 

* cularia?' and therefore Epiphanius the bishop 
of Cyprus is highly commended in the stories 
of the church, for the discreet temper and de- 
cent order he held in managing affairs both ec- 
clesiastical and temporal. The council of Car- 
thage understood very perfectly the way to 
moderate between both extremes, and in fan- 
ning away the smoke of pride, to preserve the 
gloss of unsoiled modesty. But the patriarch 
of Constantinople finding by careful observation 
of times and accidents, what strange effects the 
church of Rome had wrought in raising patri- 
archal jurisdiction as high as the jealousy of go- 
vernment and incompatibility of imperial pre- 
rogative would endure, adventured upon the 
wings of pride, to mount so far above the pitch 
of his other partners, as if St. Gregory himself 
had not abated this presumptiou more by the 
strength of arguments than the edge of power, 
it is not unlike but he would have made himself 
in the end by faction of adherents ' similem al- 
1 tissimo.' 

Thus easy it is for many grains of sand by 
Neptune's blessing to make a shelf; for many 
Peter-pence by Ina's bounty to make a bank ; 
and by gathering a great heap of sticks toge- 
ther by Minerva's providence, to make a nest 
hi Mi and wide enough for long winged hawks to 
breed in tlu» proportion of their own earnestly 
affected, and long laboured sublimity. Such 
were the dtifrs and devices for the space of 
many years of certain Roman bishops, often 
straining, but never reaching to their end, which 
was, to make u rise 90 high, as might carry them 



290] STATE TRIALS, 4 James I. 1606.— Trial of Henry Garnet, a CmtpmUor [300 



over the heads of emperors, till more than 300 
years after the succession of Constantino and 
his successors into the east ; their lieutenants 
wanting now that Gorgon's head of universal 
regiment and united strength, whereof they had 
disposed formerly; till that unlucky division of 
one eagle's neck into two, w hich made the fair- 
est bird a monster, as according to that one ; 
noted maxim of our Saviour, * Oinne regnum in 
* sedivisumdesolabitur/gnve way, though much 
against their wills, to that improvement of the 
jurisdiction of Peter's keys, which hath not 
since that time been less feared, than at the first 
it was favoured. The first motive of the trans- 
lating of the western empire into the east, as 
Socrates reports, was chiefly to this end, * ut 
' vulnera qua; erant a tyrannis inflicta, illis jam 
' sublatis tollercntur/ for the cure of those 
wounds which were given by tyrants, now that 
they were rid out of the way. Men liked of 
this, and commended the discourse that urged 
it, till experience, together with their own dis- 
asters, made them find, that, of both extremes, 
it is belter to admit an outward distemper, than 
an inward combustion. The ebb hath not been 
greater by the waining of the empire, than the 
flood hath been ' ex consequcntc ' by the wax- 
ing of the church : which finding that the beams 
are brightest, and her glory greatest * hile the 
sun is under our horizon, from whence she bor- 
rows and derives her light, hath sought ever 
since with her best diligence to quit herself to 
those rays imperial which by vicinity may 
weaken, or by conjunction may darken her. 
It is true that Constantine upon the change did 
at the firs' exempt bishops only, but not priest*, 
from convention in civil courts; the first step 
to that greatness, which was * in objecto,' to 
the papacy. Gratian in the year StfO, and llo- 
norius in the year 406, confirmed it, Theodo- 
sius and Valentiniun were pleased for increase 
of favour, that priests also in lieu of civil judges, 
might take their trial before bishops, if the par- 
ties interested in the cause could be satisfied. 
Justinian more reservedly than his antecessors, 
expounds the meaning of the grant of matters 
only appertaining to the church, not otherwise, 
and for his labour recti vet h a wipe »t tin* hands 
of Bellamiine. (leraclius t-xempteth bishops 
nnd priests absolutely from all courts, except- 
ing only that of delegates from the emperor. 
But Guicciardiue, no Lutheran or Zninglian, as 
many term persons o( a diverse judgment in 
our days, but a Roman Catholic ; no German 
or "Helvetian, but an Italian ; no simplest, hut 
a man as deeply learned, as discreetly judicious, 
observe! h, That thui'jh some dark cloud had 
overcast a portion of the beams imperial in the 
highest spheie, yet till this time of the transla- 
tion of the scat to Constantinople, and a good 
space after, many tokens bo'h of humble reve- 
rence, and respective regard to the civil state, 
were evident. For the pope* without admit- 
tance either of the emperors themselves, or of 
their lieutenants called Exarchs, ascend not to 
toe throne. The popes in all their grants and 
public dispatches, set down the date by these 



words, ' regnante domino nostra/ such or Such 
an emperor. Though by variation of times, 
which breeds a change in all bodies, states or 
governments benenth the moon, this good man- 
ner began to be first abated, and in time deter* 
mined. After this unlucky separation of the 
Greek head from the Latin body, first, it fell 
into a kind of giddiness; after, into imbecility, 
the cause of dangerous convulsions in those 
estates; and like top branches that are not 
duly fed and nourished with the lively sap 
of their own native root, they fell afterward 
to warp and wither both in beauty and glory. 
The princes grew daily more and more into 
contempt, either out of want of desire, or abi- 
lity, or both, to defend * caput imperii' from 
incursions of infidels, oppressions oft usurpers, 
and attempts of conspirators. Then fell the 
grands of Italy to renounce all duty, contribu- 
tions, or reliefs to the far distant parallel ; 
from which as from a gulf they found no relax. 
They drew back obedience from lieutenant* 
governors, who gasping, almost at the very last 
point, for breath, could light upon no true cor- 
dial to comfort them ; posts could not ply so 
fast between Rome and Constantinople, as oo 
casion of state did urge ; and beside, which is 
the most desperate effect of a declining fortune, 
messengers were employed oftentimes with in- 
tercession, but returned ever without remedy ; 
disputations were lame, expectations idle, af- 
fections mutinous. And though I find by the 
best writers, that during this time of staggering, 
so long as any spark of hope could live, either 
of secure defence, or timely and sufficient sup- 
plies, the bishops endeavoured their best to 
preserve the life of loyalty in the breast of 
fejir ; yet at the last the civil state declining, 
the church fainting, and all hope languishing, 
when both peers nnd bishops wasted like 
images of wax < u petit feu/ felt the fury as 
well of the domestical as the foreign sword, and 
waxed weary of the fruitless comforts that were 
sent out of the east ; they resolved jointly to 
call in their next neighbours the Trench for 
protection, who were able to defend them with 
a stronger ann, a quicker dispatch, and a bet* 
ter purse, than this sunk estate surrounded with 
an ocean of incurable extremities. That there 
wanted in the pope both then and ever since, 
affection, invention, or expedition, to raise 
Home once again, though in another element, 
1 ex Alba? minis,* to draw their generation of 
greatness out of the corruption of power, and 
to make their best advantage of their errors 
that were wont to gne them a commanding 
check, they may believe that find no grounds 
of judgment, of experience and truth to con- 
ceive otherwise. For being put into posses- 
sion, by this long desired and lately planted 
emperor, of a satisfaction, both for profit and 
for power, proportionable to the pains which 
they had taken, ' Cum sudorc vultus et tremore 
1 cordis,' about the new establishment, they 
found other means to multiply their strength 
and credit every day, by taking sure hold of 
opportunity, which being lost with idleness, re* 



■writ 



301] 



STATE TRIALS, 4 James I. \606.-4n the Gunpowder Plot. 



turns no more to expectation. They began 
then to establish their estates iu tlwt height of 
security, from the frowns of predominant com- ! 
mauds, which many of their predecessors had 
eagerly apprehended, ' Tauquam spado mu- 
' lierem amplexans, et suspiruns,' as the pro- 
phet speaks significantly iu another point, hut 
yet failed of the final scope and reward of 
their industry. 

The strongest adamant that drew reverence 
and love to the church of Rome, in the first 
spring of religion, was the constancy of 'so 
many godly bishops, as with the streams of 
tneir blood watered the plants of their profes- 
sion, desiring rather to die with honour, than 
to deny with infamy . Besides, it is certain, 
that during the short time of their sitting in 
that seat, their chiefest end was to bind sub- 
jects to superiors with so great obedience, and 
superiors to subjects with so great conscience, 
as those men were esteemed both most godly 
and most happy, that were either inspired with 
their pity, or grounded upon their principles. , 
St. Peter's galley might very well hold on a 
constant and happy course for a-while after the 
main stroke of oar* did cease, that was set out 
at the first with tbe force and industry of so 
many worthy mariners, as made for no other 
port than heaven : which observation cannot 
be thought strange, by men that understand 
how hard, or almost impossible it is for one 
prince that is humorous, succeeding many that 
•ere godly and judicious, to work upon the. 
sodden any dangerous effect, by countermotion 
or opposition to the spheres of the former go- 
vernment. 

For to the raising of this height upon the 
foundation of religion and integrity, some 
brought Oone, some timber, some lime, some 
sand, and some gave their own labour and di- 
rection gratis; every one affording supplies 
and helps according to the measure of their 
strength, or the proportion of his ability. But 
after that the bishops begun to find the strength 
of their o« n estate) by removes of emperors, 
and that instead of little ease, they got elbow- 
room ; it was a means to make them stretch 
their amis, and extend their forces into ele- 
ments, » hich like * terra incognita,' were be- 
fore unknown to them. 

Some of the most artificially and refinedly 
ambitions, finding by the Homan histories, as 
it is probable, that C&sur wks never absolute 
in power, ' Priusquam pot est a tern pontine mm 

* cum Csesarea potentia conjunxisset,' lrild it 
as sound a course for them, seeking the like in 
another climate, * Cnesareum cum pontificia 

* conjungere :' making no doubt but as * in ab- 
' fttracto' they had been regarded with reve- 
rvnee ; so • in concrete/ they might lie feared 
with observation. The necessity which en- 
forced all Italians after the departure of Char- 
lemaine, to rely upon the pope's aid for com- 
mon defence : tbe bond of conscience, which 
moved the greater part of the world in those 
days to resort to Rome, cither for satisfaction 
to tools, or for preservation of unity : tlie con- 



fidence of emperors and kings in compromit- 
ting causes of unkindness or dissensions to such 
a bishop, as professing like a father equal af- 
fection and tenderness, was not suspected of 
halting on either side : the strife and emulation 
of mighty potentates to assure themselves of 
tbe" love and friendship of that party, whom 
the greater number regarded as a judge, and 
few or none for many years suspected as an 
opposite : the fear and peril into which some 
emperors were drawn ot hazarding their own 
fortunes, by disputing his prerogative : the con- 
tribution of all states, qualities and degrees of 
Christians, according to the custom and man- 
ner of those times, to the maintenance of St. 
Peter's successor : the secret interest which 
the pope had in many kingdoms, by the merit 
of his predecessors, that did first send learned 
pastors and doctors to preach unto them re- 
demption by Christ crucified: the exercise of 
St. Peter's keys, by binding and loosing sins in 
a kind of excellency, and supereminency above 
other bishops in all parts of Christendom :< the 
conceit which was holden of a bishop's con- 
science, whom the canons will not suffer to be 
' Solicitus de iis quae sunt mundi,' in compari- 
son of any secular authority, whose only ob- 
ject is the seal of longitude and latitude : the 
danger of offending one, whom the greatest 
part endeavoured with studious affections to 
please : the subtle union of St. Peter's keys 
with St. Paul's sword, to this end, that while 
the one did open locks, the others, like that of 
Nchemias, might cut off impedinunts : the 
great revenue and demain, which was annexed 
to' St. Peter's chair, first by the charter of 
Charlemaine, and then by the great countess 
Maude's legacy : the pope'* art in contriving 
the manner ot the choice of emperoi- by the 
coruesters of Get many, rather than by occasion 
of making their returns to Rome, their teeth 
might be set on edge with a fresh appetite, to 
taste of the forbidden fruit which grows * in 
( horti medio,' and thereby compassing the 
tree of the knowledge ol good and evil, covered 
with the leaves of i unit at ion for so many years, 
to make their estates once again absolute : the 
pope's caution in reserving to himself as it were 
* in depoMto,' a special interest, only for pre- 
tence, of crowning and confirming emperors at 
Home, even after they had been el» cted and 
crowned in Germany, though v+hen they sought 
it, they seldom computed it : the pope's eye 
to the retaining ot those rights and royalties in 
the princes electors hands, which were mort- 
gaged by precedent emperors, lest the bruised 
leathers ol the engle, imped once with the%e 
hard quills, might again be able to carry her up 
to the spire of the Capitol : the long lasting, 
and strong'y working faction in Italy of the 
Guelphes and Gibellines, imperial and pontifi- 
cal : the fnst league between the pope and the 
French kings, ever labouring to maintain the 
strength of the holy arms, against ull violent 
and sturdy storms, as a plant of his own poli- 
cy : the rule which hath been ever providently 
observed and kept by the popes, in escbewir- 



quarrel or contention with any powerful prince 
in Europe, before be make himself sure of a 
party opposite in the same degree, and likely 
so far as the wit or aim of any mortal creature 
is able to extend to make the match too hard 
for him : the sure, hold which the pope hath of 
the hearts and services of all the clergies, in as 
many kingdoms as are Romanly catholique, by 
exercising the interest either of investing or 
confirming metropolitans, that have the highest 
charge in the church, and draw the consciences 
and devotions of lay souls after them, by direct 
dependency: the pope's custom of sorting car- 
dinals and officers for the church out of such 
powerful and worthy families, as may make 
both them and all their allies and friends to be 
in their devotion and gratitude more fast to 
them : the reservation of certain cases, wherein 
the pope only will give himself commission of 
oyer and terminer, thereby pressing the great- 
est bell-weathers of the Hock, without an ex- 
press relaxation, * ab ipso ore apostolico/ to 
appear personally : the device of sending 
princes to the Holy-Lund, so soon as ever they 
began either to pick quarrels with the church 
of Home, or might be made by their absence 
of better use to it : the local interdictions of 
priests by warrant from the pope, to celebrate 
for the satisfaction of souls, which, so far as I 
have read, was first set on broach among our 
English bibhops hy Alexander the third, about 
the year 1170, but not very luckily to those 
that by observing them with a stricter kind of 
obedience and awe, than the laws of the realm 
would admit, were in great peril of their own 
possessions, with loss of liberties. 

Last of all, the garrisons and forts which 
have been erected and maintained in defence 
of St. Peter's patrimony, were high steps to 
carry and convey the pope to that height of 
cnubiug princes in their own element, which 
many quarrel, some tolerate; but in very truth, 
if the case once come to be their own, none 
favour. So long, saith a grave and learned 
writer, and a Roman Catholick, as the popes 
attended those charges only that concerned the 
soul, their chiefest care, desire, and study was 
to be protected under the wings of the secular 
estate: but the state of the emperors declining 
faster than they rose, the popes began to neg- 
lect both their arms and amity ; then fell they 
to defend by writing and discourse, that it be- 
longed rather to die church to give laws to the 
empire, than to receive from the emperor; 
pressing forward still without looking back, for 
fear perhaps of being transformed with the 
wife of Lot, * in statu am salis,' and abhorring 
nothiiii: more than the very sound of a remitter 
to the creeping state of their first simplicity, 
the wrested censures of the church, either to 
the passions of humour, or proportion of state : 
they studied more industriously the ways of 
making wars and heaping treasure, than of 
steering Peter's ship, or instructing souls ; they 
sought more slily than sincerely to make their 
consistory strong by the support of tyrants and 
usurpers, which having cast off Csssar's yoke 



—Trial of Henry Garnet, a Conspirator [SOi 

with contempt of disarmed ostentation, found 
no means so proper as the countenance of the 
church of Rome, for their establishment both 
in dignity of security. For proof whereof, I 
wish it may be tried by inquisition, whether 
Robert Guiscard having filched Puglie from the"* 
sacred empire, that is a fair feather from a fee- 
ble bird, sought not after that to hold it of the 
pope in fee ; and whether Roger king of Sicily 
m the year 1130, possessed not himself of that 
kingdom by such a trick of legerdemain, (tor all 
was fish that came to Peter's set about that 
time) and many his successors in that corrup- 
tion both of conscience and conversation, be- 
came now rather ' Piscatores knperiorum quam 
( hominum ;' tho' the censure of St. Paul ex- 
tended only ' ad in ten turn earn is," but not * pos- 
' teritatis vel diadematis.' 

After this some of them mounted to that 
point of challenge, as they were not ashamed 
to take upon them the prerogative of deposing 
emperors. For Boniface the 8th after he had 
presented himself, as the German* catloliques 
report', to the eye of the world in his habit 
merely secular, that is with a crown on hb 
head, a sword girt by his side, and with profes- 
sion that he was as well a Caesar as a pope, at 
the next leap gave a greater* strain, claiming 
precedency of Philip the French king, * Tarn in 

* spiritualibus quam in temporalibus,' tho' some 
of the most learned among the schoolmen op- 
pose absolutely to this paradox : and might as 
fitly wonder at this armed pope, as the prior of 
Duresme did of his earled bishop, ' O quam 

* manifest* jam exorbitat nostcrEpiscopus trans- 
' forma tus avestigiissancti CuthoertiV Urban 
withdrew not only the persons, but bona the 
goods of the clergy from the trials of civil 
courts. In case of treason the popes would of- 
tentimes have exempted bishops from the bar, 
tho' princes absolute would never yield to this 
demand as a right by acknowledgment : how- 
soever at the pope's request some of them have 
been pleased to remit wrongs out of indulgence. 
Let Platina give evidence concerning strange 
devises vented, and plots undertaken, to bring 
all the princes of the world to hold their crowns 
( ad placitum/ and in effect at the will of 
Peter's successor : Some being called iu ques- 
tion for personal transgressions, some for idle 
words, some for taking part with princes whom 
popes hated, some for refusing to participate in 
actions which the pope favoured ; some that 
the pope might prefer his own friends to their 
seats, some for standing stiffly against humours 
out of suspicion, some to make the pope him- 
self more strong, some to make his enemies 
more weak. And sure I am by confession of 
those that in religion were ever consonant to 
the Roman canons, that after once the rule of 
Gregory was riveted into the conscience of 
Christians, which in those days were more fear- 
ful to offend, that studious to learn, ' Senten- 
( tiam judicis quamvis injustam ti men dam esse/ 
that the sentence of a judge is to be feared, 
tho' unjust : howsoever all the laws of Europe 
in tliis case by the grounds of nature grant a]>* 



S05] 



STATE TRIALS, 4 James I. 1600.— in the Gunpowder- lHot. 



[306 



peal?, what quarrel soever it pleased the pope 
out ot* displeasure, just or unjust, to pretend, 
himself being ever, fur the must parr, both 
judge and party, that must be sat is lied to the 
full, though it cost an emperor his crown. 

And because ' Homo spirituals judicutur a 
' neraine,' some of the canonists proceeded so 
far in flattery after these encouragements, us to 
exempt the pope's censure from examination, 
though they carry with them heaps of souls to 
hell : which though the w iser and the better 
sort reject, as a doctrine fitter fur the school of 
Mahomet than a scholar of -the church ; vet it 
will be ever reckoned and reputed probably as 
■veil « error pradicationis,' a* « conversationist 
*> long as it shall pass the print without re- 
proof; and to use die phrase of St. Ilieiom 
upon like occasions, * priusquam Asterisco ju- 
4 guletur.' Emmanuel the Greek emperor 
craving earnestly of Alexander 3rd that both 
empires of the East and West might be re- 
united fur a greater strength and a more as- 
sired support against the enemies of the faith, 
his answer was, ' Se nolle id unire quod mnjores 
'sui de iudustria disjuuxissent;' that he would 
not uuite that which his predecessors had of set 
purpose severed; though in vtry truth it may 
oe proved a worse part in those that laid their 
beads, and set their hands together, being sis 
they were, but men * ad ill ml separandum 
'.quod Deus conjuuxit,' to make a separation 
in that which God had conjoined and fastened. 
Though Alexander the pope had modestly for- 
lorn to answer the request of Emmanuel in so 
plain language as might move the world to say 
to him as the maid did to St. Peter, in the pa- 
lace of the high-priest, ' Vere tu ex illis, nam et 
' loquela tua te rnauifestum fctcit •' yet by the 
course which this pope's predecessors took in 
planting ' Sedem Imperii/ the scat of the em- 
pire, rather among the Germans, where by 
larger distance he might less offend, than ' in 
' Kooiana Metropolis than in Rome itself, 
where he might eclipse the glory of the pope, 
we might easily have apprehended both what was 
the object, and where would be the end of that 
policy. Hereunto I add an indenture made by 
another of that Yank, with Cha. duke of Anjou 
before bis establishment in the kingdom of Sicily, 
that neither he during his own time, nor any 
of his heirs and successors after him, should ac- 
cept of any offer which the German princes 
ought be drawn to make to him of the empire ; 
much less that he i>r they should hunt after it : 
his fear wa«, after an experiment, by the long 
Lu»t!ing between the pope and Frederick, who 
was by right both emperor and king of Sicily, 
that the liciuity and neighbourhood of so threat 
a state as that kingdom to Rome, in case it fell 
into the hand of an evil neighbour, with the 
U-a»t colour or advantage of a title, might >tir 
upta-dy in the disposition of a prince that w< re 
courageous, an earnest desire of a discontinue d 
estate : because howsoever questions be over- 
ruled among pi irate persons upon the ground 
of prescription in point of law, yet when.' the 
sword mutt flourish for the muster'a prize, * Pra> 

tol. u. 



* scriptio nulla, quantumvis diuturni temper is, 

* occurrit Cxsari.' I need not at this present to 
name that provident and discreet cardinal, who 
in one o{ the late conclave-, put in a timely 
caution to the rest of his fellows at the choice 
of a pope, to ben are of too servile a regard ot 
the partialities and passions of potent princes, 
tli it « sede vacante ' recommended their chief- 
tst favourites to St. Peter's chair, to no other 
end than that they might again, by quintessence 
of craft, reduce the niodtru majesty of the 
church of Rome to that bare * jus patrouaius,'' 
wherein it stood during ti.e reigns of domineer- 
ing emperois; and while they «ere able to free 
themselves of that servile yoke, which by the 
lo*s of many lives, by the waste of great trea- 
sure, and the highest improvement of their pre- 
decessors art, that set their own lives light iu 
respect of the churches liberty, was cast off. 
These are ihc steps by which, so far as I can 
gather, either by observing the current of time, 
the reports of histories, or the deep impressions 
of experience*, the popes La\e ascended sometime 
warily hoinetime confidently, but almost ever, 
after the translation of the empire into the east, 
powerfully to th s height of prerogative, which 
have made them sufficiently strong, as it is said of 
David in the Scripture, ' Cum leonibustunquani 

' cum agnis ludere,' and to tread upon the asp 
aud the basilisk. What Soto, Sylvester, Si- 
mancha, Navarre, or Bellannine, either think 
or publish iu their chymical distinctions of * di- 

* recte* and * indirect^/ * proprie * and ' impro- 
' prie,' * simpliciter ' and * secundum quid,' ' ab- 
' solute ' and ' tuutuminodo in online ad spiri- 
' tu ilia/ it much mutters not ; because in this 
point they do merely transgress ' maudata Dei 

* propter trarfitionein suam,' leaping like sheep 
that are frighted with their own shadow, over 
hedges one in the neck of another, without fore- 
thin!, ing of the ditch on the others de, \onclung 
no one tittle rightly to this purpose out ot the 
vvorJ of God, regarding nothing that is ancient, 
nor adding any ieason o{ importance that is 
new; filling the schools with clamours, (he 
church with errors, and all Christian estates with 
tragedies. Yet iu disproof of their distinctions, 
which are only circles and sharp angles of scho- 
lastical conceits; beside the grounds of tober 
judgment formerly set down, 1 will produce a 
learned jury of those hiahops whom these 
school men repute firmly and completely ca- 
tholick, whom they emblason by descent of 
pedigree the only true aud lawful heirs of 
Christ, and whom thev reverence as his apos- 
tles successor?, that did absolutely refute in the 
most servile times to subscribe the pope's pri- 
vative and peremptory censures against their 
own sovereigns. Thev did observe their oat lis 
of loyalty our of the -bond of conscience, with- 
out regard oi canonical absolution ; and utter 
shrunk upon threats or terrors that thundered 
at Rome, from the positive laws and duties of 
their own countries. They were not ignorant 
that the high-priest iu the law was * circuudatus 

* infirmitale,* and bound by the law to offer sa- 
crifice as well for his owu private sins as for 

x 



307] STATE TRIALS, 4 James I. 1606.— Trial of Henry Garnet, a Conspirator [3055 

the sins of the multitude. They had read thnt ; By another grave report touching the king- 
fcr. Peter the first founder of* the church of dom of Sicily, I find in an epistle of the arcii- 
Koine was called Sathnu, for tiiviii^ counsel that bishop's of Panormuru, how strange the bishops 
was not sound to our .Saviour j alter the bestow- of that stale held an oath of obedience to the 
ing of those titles of prerogative which many ! see of Koine, tendered by the pope's nuncio to 
uige. '1 hey find turn pinched not behind his . one of them at the receiving of the pall, and 
back, but reproved to his face by St. Paul, for i with this fctronir exception, « Non inveniri de 
thiit lie did uot hold a strait course for the pro- • ' hujiisinodi jurnmento statuta in conciliis,' that 
pagntioii of the frith. They learned of sin J in the councils no cation could be found, where- 
apostle, so far only to follnv others, as they by to press the taking of such an oath by an 
weie found to follow Christ. They heard that archbishop. Yet can I not deny, that Sicily did 
many popes had revoked their fust censures j more depend upon the directions of tlie pope, 
upon belter information : that Alexander 3  bv the condition of some former contract be- 

A' I ' I I 111 .'Ik. ' .. * • I *. I ' J _1 .. I l_ 1 J* 1 » 



gave free liberty to tie archbishop of llaf enim 
of abstinence from satisfaction to his own di- 
rection*, so as withal lie pave the reason which 



tween thnt kingdom and the church of Koine, 
than many other provinces. 

When Gregory 4 had a purpose in his head 



moved him to abstain ; and that Adrian himself j peremptorily to proceed against Lewis le De- 
enfurceth not, obedience ' mar.ente dubio,* so i bonaire, the French bishops in flat terms an- 



loug as the point was in question, or traversed. 
They were greatly moved with the precedents 
of those religious and faithful auditor* at Thcs- 
6alon'iCvi, that examined the passages of holy 
Xvrit r Hedged by St. Paul, for the better trial of 



swered, • Se nolle,' ike. that they would not 
submit their judgments to that otter ; but the 
ground thereof being both weak and unjust, he 
should weil know, that * Si excommunicaturus 
' veniret excommunicato di&cederet :* If he 



the doctrine * an ita se hahtrent,' whether they came with a purpose to excommunicate, he 
were vouched in a right and proper sense or no. should depart excommunicated. Add unto this 



Last of all, because they fuund the privilege of 
not erring in the pope to be limited by the 
•t hool men themselves to matter of faith, not 
of policy, and to be rather cathedra! than per- 
sonal ; it vva-, a course familiar and usual among 
many giave bishops of that age, to examine 
papal censures as well by the standard of (foil's 
void, as by the vi eights of the consistory ; and 
so far only to give way to insurgent jurisdiction, 
as it might not at toe .ssue of thcirtives unhap- 
pily tall out to them ' in siugultuni cordis/ that 
they Ind run counter. It thejr have either 
cause or colour t ) challenge any one or more 
<A this jury that is impar.nclled, * ex hoiuiiiibus 

* lcgalibus/ for tiial of this point in question, as 

Injudicial either to the enn-e, or to the church, 
will undertake to set l.hn * rectum * .upright, 

* in ipsa curia Romann, 1 hy tl e warriut of their 
own records, though thrt. he greater pain th.m 
I need against any of the ichooi-u-* i., thnt 
mould daily new distinction* out of ih»- otnui- 
<sv nee of thi ir own conceited and s; If-pleusmg 
wit-, witho.it the rij»ht stamp of antiquity. 

I r. 



out of a iieiich record, an instance of one John 
Tanqtu ii 11, condemned by the divines bf Paris, 
for labouring to defend that the pope in some 
cases illicit depose the kimr. £'o strange wn.» 
the riiictiiue of deposing prince?, and trauspos- 
ing cr«#wii5. esteemed ever ia tho^e verv time* 
which a c thought to carry the strongest tinc- 
ture of affection, which many call servitude. 
Hut if heresy and inlidchty were the proper 
causes, as they are made the ordinary motives 
of these brave attempt in;: and undertaking cen- 
sures against crowned j i.-teutatt ^. tiere nti^ht 
be some hettvr colour of < \eu»e, I li >t.^lt no 
bctttr ground of jus-inc Unm. he -.n.jje neither 
we in vi: any such custom, n»»r t.u « i.u ch o( 
(rod: but we know th.-t irerogiuve is the 
Manna ( h:irta which tl ev studv tir.it pursue 
thi> point ; ami let toe p. nice, anam-t whom 
th.e pope intends or pretends a quuriel, he as 
Cainolic in all points of piofeSsiou as the pope 
Minsclf, vet be cannot save Ins st.«ke in seeking 
t-> save hi 7 •>'nd ; tor the challenge bcinu »»nce 
j on font, until the supposition be acknoi, ledg d, 

» l'j'l ..I -"**!■• 



I have touched by di*c ,urse precedent, how ; ihe ce;i--uie qualified, or the pope satisfied, there 
ar Philip the French kins, surnamed for hii - oh.il! be no other ground nor object of the pro- 
personage, \a' Beau, was secured by the whole \ (e«s thin heresy". This moved mans bishops, 
clergy of his realm, so far as cow coined the bond ' imtwi hstunriing their obedience to the high- 
ol their allegiance and loyr.hv, * non obstante ' ! priest, vet to i \ amine th.e condition, aud whe- 
the rash proceedings ;.ud p'-iemptory ceiiMires. ; ther tliedi ectioii were* 4 ah initio secundum le- 
of pope iioniface. To ;his I add the answer j 4 c ■. m 1); i,' as Alo-cs li'uitcd. The U»t barned - 
whkh was made by liincmar, archbishop of > among the *.-i:«.o!-me:» make not obedience 



li hemes, to pope Annan, forbidding him under 
pain ol cuisine to vield either n-vei euce or ser- 
\ie-e to the kiiaj, as to his lawful sovereign, that 
persons of all qualities, us well cccleainslicd as 
secular within the realm of France, .isreiui-led 
upon the publication of il.»» pipe's eeiiMire, had 
«'t down this conclusion v.i>h a kind of asto- 
iiiahmeut, c uunquam ulii pi a'deevssorum suo- 
* mm/ that no such injunction was ever sent to 
miy of their predecessor before that time. A 
Krone evidence in my conceit, as well of novelty 
ft* of injury. 



either an ai -tract in lb*.- clouds, « r an * indivi- 
* duum \.:-juii},' or, as s Mi>e tlo the prerogative* 
of piinc(s. a ' nemo act,' but they conceive it 
as a duty rained by pnsoipt:oii * ad leg(S 

4 KvaP.iiirlieas/ 

I'|i«»n t'ii> i:rouuvl of reason, crpiity and con- 
science, (jerliartus archbishop of Klieines was 
diawn to an absolute renunciation of any grant 
that can he made to any mortal man in parti- 
cular, of so larj.e capacity, * ut quicquid bbet 
4 lice at ;* le&t that per»oii being forestalled, cor- 



309] 



STATE TRIALS, 4 James I. 1606.— in the Gunpoxdcr Plot. 



[310 



rupted, or seduced by fear, gain, or ignorance, I 
might put all courses out ot' frame : with this | 
further advice, that in limitation of power, the , 
holy gospels, the prophets and apostles, arid , 
the canons of the church indited by God's spi- j 
rit, aod observed in all ages by those pastors ' 
whom the Holy Ghost appointed to direct and j 
govern the Church of God, might be * Lex 

* communis Ecclesia* Catholica?.' This rule 
gives a round supersedeas to Mr. Garnet, and 
his schoolmasters : and further we find I no, 
the learned bishop of Chart res, so far a friend . 
(how hardly soever the French king dealt with 
him in respect of his absence from that conven- 
tion, wherein the pope's proceedings against 
die king were sharply censured by ail the' 
tutes) as to deny the subjection or subordina- 
tion of a king to any superior in his temporal 
estate. And though the king should refuse out 
of contumacy to give ear to the course I of the 
podly bishops, (which was the case as he con- 
ceited at that time, being infinitely addicted 
to die pope) • Divino tamenjudicio relinquen- 

1 dam e»se,' vet he must be left onlv to the 
d.vine chastisement. And as Bracton saith, 

* Suuicit ei ad ptenam quod Deum expectat 

* ultorem.' How confidently and how often 
the synods, parliaments, and schools of France 
have run upon the pikes of papal censures, in 
defence of the king's e->tate paramounte, sonie- 
t.ice by their decrees provincial, sometime 
hy their sanctions pragmatical, and some- 
time by prohibitions, which cut the sinews of 
all superlative commands with so sharp nn edge, 
a» after that they were never able either to 
march or move, I need not amplify, but only 
ixwit with my finger to the coronation of the 
king now regnant at his first entrance, by 
l>hops, Iloinau Catholicks, (without either 
awe of superior, or fear of censure, or conceit 
of iiregularityj while he stood within the danger 
of the curae ; and conclude this point with one 
etaiuple very pregnant, as I imagine, of St. 
Lewis, inserted by tire pope himseii'into the list 
of holy confessors and saints in the Roman Ca- 
lendar, notwithstanding his severe decree, that 
no kind of levies or taxations should be made 
in Fiauce by the pope's instruments, without 
tile knowledge of his privy-council or himself; 
nor then also, hot in cases of evident necessity. 

But now lest Mr. Gurnet or his complices 
should except against the state of France, as 
over-tick le in the seat of satisfaction, when the 
scope of the chinch' is gain; though we mu>t 
arid »<jino greater weight of credit to thtse 
courses, in respect the bishops were both or- 
thudoxnl and canonical that assenfe 1 tu their 
publication with the other peeis: I \\\',\ pmve 
further, that in tenderness of can? to prt-erve 
tlte i»fero«'ative of uiouarciiv within the bo'iuds 
and limits of itself, tin: kings of England hate 
htiilii r been inferior, nor least sensitive. May 
it there f> -re please Mr. Garnet, and so many 
other of iliat suit as hold the iuhject hound lo 
filluw whatsoever is decreed at Koine upon 
supposition of heresy, or suggested shew-* of 
iofiddity against their sovereign, to take notice 



of the titles, names, and- judgments of tl;e»e 
persons which I shall present to their consi- 
deration ; not fiom the presbyteries, which may 
distaste their relish, but out of the list of 1 Eng- 
lish authors, limned among Catholicks with 
golden characters. 

I will begin with the first of our kings * post 
' conquestom,' and proceed to others as they 
fall into the circle of exception in their courses, 
and proceeding orderly. ' Quid paps cum 

* imperii vel regni lihertate ?' What hath the 
pope to do with the liberty of an empire or 
kingdom (saith William the conqueror) to whom 
it rather belongeth to take care of souls, and 
of tha church'** seciuity ? Afterwards, in that 
quick contention that fell out between Wil- 
liam '2, and Anselme the archbishop about the 
pope, (though 1 will never avow this king to 
have been an holy confessor, nor all his expostu- 
lations to have been regular demands) yet they 
mu>t give me leave to note with what affection 
and resolution, notwithstanding the pope's in- 
tercoming to make himself a party in the quar- 
rel, the bishops did adhere to their own sove- 
reign. ' Notiun habeat sanctitas vestra,' your 
' holiness,' s ait h Ileary 1, * must understand, that 

* by God's help tiie dignities and liberties of tins 
' kingdom shall receive no wipe of abatement 
' during my reign : for though I had an humour 
€ of embusing myself so much, as to shrink upon 
' so sure a ground ; * tamen optimates mei, im6 
€ ' totius Anglia 1 populi it! nullo modo pateren- 
6 * tur;* yet my peers, nay, all the commons of 
' my realm would never sutTer it/ And after this, 
the bishop of Exeter front to Rome, received a 
very gracious and mild answer of the pope, 
touching the kingdom's liberties. Henry 2 
would admit no legate from thence, nor repair 
of any of his subjects to .that see, before they 
gave ^curiiy, • quod malum suuiti vel regno 

* sun non 'piairercnt.' 

The .Suffragan of Canterbury in very modest 
and humble manner advised Thomas, his arch-'' 
bishop, rather to appease the king's wrath by 
a submissive letter, which had ever been the 
course of proceedings among the pastors primi- 
tive, than by heaping coals to inflame his pas- 
sions in so violent and desperate a kind, as 
might perhaps cause a revolt from the Roman 
hierarchy. 

Nubrigen^is, another countryman of ours, 
compnreth the archbishop's opposition at that 
time to the king, to St. Peter's zeal, in the 
, question between him and St. Paul. For though 
: no man deuces, sutti he, that the archbishop in 
! this p:trtici h»r was * 7clo fervidus ;' yet * an 
; • phni et secundum juMitiam, Deusnovit,' whe- 
j tlier sutVicic-uly, and according to the right, 
God knoweth ; since it is written in the Pro- 
verbs, that * prudon**- in tempore tacebit, quia 

* tetnpus malum :' a wise man will hold his 
peace in time, because the time i* evil, as he 
thought that to be. The speech is modest, and 

| yet declareth, that even in those times men 

1 th-: were void of passion, though of one and 

thes.'iMe profi\H«i«.]*. coming to scan the point 

of conscience, judged indifferently, without 



3U] STATE TRIALS, 4 James I. 1606.— Trial qf Henry Garnet, a Conspirator [312 



either smart to the subject, or wrong to the 
sovereign : which makes me the more to praise 
the wisdom of th.it canon of the church, which 
(with great reason) dissuades over-rough search- 
ing of sores deeply festered, or over-quickly 
proceeding in a time when censures are set* 
light ; for experience hath taught that this were 
but to cast pearls before Bwine, and to give 
that which is 4 sanctum canibus.' 

The whole reign of king John, being in effect 
nothing but a tragedy acted in the eye, and to 
the scorn of England over all the world, be- 
tween the pope and him, our bishops skirmish- 
ing sometimes (out of conscience) on the king's 
side against the pope in this fraction of the po- 
litick estate, and sometimes (out of faction) on 
the pope's side against the king; yet the great- 
est part of them at Windsor, as one of our au- 
thors writes, * Non obstante senteutiu qua rex 

* erat innodatus,' did communicate and religi- 
ously receive with him. 

Henry 3, suspecting some hard measure (as 
it seems upon the smart and horror of exam- 
ples past) expected a formal oaih of his bishops 
that repaired to the council of Lions before 
their setting forth, that they should assent to 
nothing thefe debated, or to be decreed to his 
or his crown's prejudice. At the same council 
the king complained (not by the virtue of his 
letters, but by the voice of his bishops) of a 
wrongful claim pretended by the pope of an 
iuposition, under the mask and colour of epis- 
copal assent ; which in the behalf of all the 
rest, was roundly contradicted by the metropo- 
litan. Upon notice taken of this complaint, 
the pope alluding to the spleen of Frederick 
the emperor against his predecessor, said that 
the king of England began to Frederize : but 
it skills not much, said he; for, ' habct rex 

* Anglia? sun in consilium, et ego ineum ;* as he 
might very well, and yet bono gainer. 

Edward 1, sent sir John l^xinjit/m to all the 
bishops as they were assembled in the house of 
convocation, with an express Caveat, that they 
should in no ways yield to the pope's earned 
instance for satisfaction in a demand : to which 
prohibition, as my author writes, ' et ipsi paru- 
' crunt,' they obeyed accordingly. 

Edward '2, stood resolutely upon the main- 
tenance of his gift of the treasurership of York 
against the pope's Hreves, striving forcibly by 
the colour of a former j»r.int, to prefer a ne- 
phew of bis own ; and upon what ground ? 
Because (saith the kin^) tlic peers of this king- 
dom arc bound by their oath of homage, to 
maintain the rights and liberties of this state, 
whereof collation of dignities hath e\cr been 
reputed a special branch, and therefore cannot 

* salva conscieutin,' admit or hid arc the least t 
blemish of an invested honour. For if it were 
not lawful for the bishops of those a^res, as 
appearcth by record, « Feodum Lai cum Ro- 

« manac Erclesi* ol.ligare/ to tie a lay-lee upon 
the Church of Home ; how much lesi is it rea- 
sonable, lawful or convenient at this day, to 
•"gage either the prince's right, or the subjects 
loyally ? 



To these I add a very earnest letter written 
to the pope by the same prince, in such a style, 
and with ink tempered witii so sharp ingredi- 
ents, as ' ex unguibus It < mem :' for he doth 
there protest, and that with some fervency, * se 
* jus regni sui contra papain et oinne* defensu- 
1 ruin :' that he would defend the riiiht and title 
of his crown against all persotis whatsoever, 
without distinction or diversity. I note by 
this occasion the temperance of the pope at 
that time, who neither replies with passion, nor 
thunders in heat. For though it be tine that 
England by position and site hath a great ad- 
vantage of many other states and kingdoms of 
Europe, that are neither so well fenced, nor so 
compleatly compassed by s«a, proposing to 
stand resolutely in defence of itself, though the 
cause were good, and tlie prince martial ; yet 
it appeareth, that the pope lor his part also 
was more patient than some of his successors 
(impeached by more ditiiculties and stiouger 
impediments) have been since that time; or 
else considering the claim which he pretended 
to collations and investitnres in many other 
estates, where he found princes more afraid, 
he might at the least have made an offer (though 
to small effect) of his virulent exceptions, which 
being used without discretion, are indeed but 
the vessels of an undiscreet pastor, to take tht 
words of Zachary. 

Neither law nor nature do allow to any 
agent, ' potestatem operandi,' for the mainte- 
nance of itself, 4 sine prapanitione niediorum/ 
without the preparation of means proportion- 
able to that faculty which it affords: and there- 
fore in this case we must infer, that either the 
pope wanted passion or power, or instruments 
to further, his ends (according to the scope of 
his desire) powerfully. The abbot of lives- 
tock was fined at ii\e hundred marks, for re- 
ceiving a bull from Rome, wherein there were 
but * nlifpia verba rc-i, et corona; sua 1 pra»ju- 
' dicialia.' Tic whole court of parliament, 
wherein the party of the bishops and abbots 
among the lay-peers, for the number was not 
weak, gave their promise to king Richard 2, 
with protestation to defend his regal rights and 
immunities against all opposition, tuough it . 
were made by the pope himself. And here- • 
withal 1 note the re;»s«m in the record, suitable 
to the resolution f which w;i* spoken of before) 
lest the cinwn of England, which had been 
ever live from the restraint of any superior 
command, might on a sudden slip unawares 
into the snare of s<i\itui!e; i;nd therefore the 
main article in parliament in forced lor the de- 
privation of Richard ( J, wat, 'lh ;t he had by 
admitting bu.is from Rome, inthrailed the 
crown <,f England, which was free fiom the 1 
pope and nil other fi>rei;jii power. 

The pope's iu'^rinre in the stale of English 
affair^, was the m<>ti\e by which the wisdom of 
the state was drawn during the rcicn of the 
same prince and all t lint tiurtvdcd, to con- 
dr inn, di<*abl<', and reject all bulls or breves of 
direction in m Rome, that stood upon no war- 
rant of ccrtiticate from some Lishop in the 



313] 



STATE TRIALS, >l James I. 1 606.— in the Gunpowder Plot. 



[314 

land to guide his aim ; and those bishops (as I of incominency ; sometime upon the stay of 
we find by the reports of history and record) i the main stroke of tlr.u oar in their estate ; 
were ever the worse esteemed, and the less re- ; sometime, about collation?, transpositions, in- 
garded by their own prince and country, that i vestitures, without any inward gall or vexation 
posted over to seek foreign aid, when they ' of conscience, for exasperating a pope's hu- 
loight have found greater ease, by resorting to i mour in defence of their own prerogative. Let 



their home bred oracles, and ' non ad transma- 
4 riiia judicia ;' which they ought to do by the 
council of Carthage. 

They that desire to be more particularly in- 
formed of the prosperous success of some bi- 
shops, that were forward in execution of the 
pope's orders without licence from the king, 
may find a seizure made upon all the tempora- 
lities of those bishops of Ely and Norwich, for 
the publication of a bull against Hugh earl of 
Chester: and further observe also, that the 
bishop of Ely was condemned of felony by a 
jury at the Kind's bench, notwithstanding his 
bold challenge to be * unctus Domini et f rater 
' pap*/ the pope's brother ; but a younger it 
seems, by bearing his dignity with so great a 
diiference. . The bishop of Carlisle in like 
manner notwithstanding the privilege of unc- 
tion) was condemned of High-Treason at the 
bar, (though not in the pope's cause) in the 
time of Henry 4th, and that worthily. For 
though Solomon spared the life of Abiathar 
out of a special favour, and a kind of reverence 
to religion, * Quia portavit a re am Domini/ be- 



tlie walls and battlements of the castle Saint 
Angelo in Home, bear record of the piety, pa- 
tience and humility of Charles the fifth, grand- 
father to the king of Spain now regnant, when 
tlie pope in passion overstrained both the duty 
of a child, and the patience of so great a po- 
potentate. 1 think Mr. Garnet will admit, that 
these thousand years there was not a more 
obedient daughter to the church of Home than 
queen Mary, that could never rest in quiet, till 
she had reduced the straying sheep of her do- 
minions, as she conceived, to Saint Peter's 
fold : and yet without regard or awe of the 
pope's sharp censures agiiinst the king her hus- 
band, she never gave over aiding him with 
money, and assisting him with force, till he 
was perfectly reconciled to the church, and 
the strife determined. For as by the law of 
God she found herself precisely bound in cleav- 
ing to her husband, with whom by union she 
became ' una caro,' to forsake all the world ; 
so io the same law she tinds in point of fact 
no straiter bond, nor stronger warrant of obedi- 
ence to the sentence of the priest, than she 



caose he had once carried the ark of God; yet ' observes the priest to ground himself upon the 



by that he calls him ' virum mortis,' I may 
lawfully conclude, what in justice he might 
have done concerning life : but of his depriva- 
tion the text itself gives clear evidence. 

I add to this example the learned judgment 
of Baptism Buiardus, a profound* civilian, that 
a bishop offending in case of Treason, cannot 
be exempted by his function from trial before 
a judge merely secular : and for proof hereof 
n«j man can witness better than Philip de Co- 
mines, what slight answer was given by the 
irench king his waster, to the pope's incessant 
joit by the Xuncio, for the release of a cardinal 
whose place and dignity was more eminent. 

in Spain itself, which seems in this age to 
be most pneise and tender of that point which 
is termed the church's liberty, (though neither 
circumscribed within any certain limits of ad- 
mittance, nor defined till this day by any doctor 



law of God ; that in, * quern ipse secundum 
' legem docuerit ;' which rest is indeed that 
* lapis Lydius' to which we ought all to resort 
for the trial of all coins that are current among 
Christians, whose image or stamp soever they 
seem to hear, in case we find them oftentimes 
embused by an allay, and apt to mine into the 
foundation of equity and piety. For till I see 
it clear either by doctrine or experience, that 
God created all men Stoicls, or rather as void 
of sense as storks, and instituted popes not 
only • dispensatores mysterioium,' distributors 
of his mysteries, but • tanquam angelo* lucis/ 
as angels of light, or more than angels of light, 
because in those, as Job records, ' invenit praj- 
' vitatem :' 1 must borrow leave in discerning 
matters of this quality, to make use of the little 
reason, and the great respect I have : leaving 
those that are of another mind, to borrow such 



'ft' either law) their own writers avow, that discretion by observation, which in this world 
the bishop of Coimbra was constrained by the all persons at all times neither ever had, nor 
»:ate to recall a sentence against the king, ' can ever have. 



which the pone himself hath both encouraged 
tad jti-titied. Don Pedro king of Arragou, in 
^tuii of the pope's charge, under pam of cen- 
tre rot to take upon him any longer the title 
•*f lhv c.-iwu; which, oat of his own particu- 
lar :i!.t'ction he hid settled before upon win- 
dier priiici**s head, infilled himself * impcrato- 
" tf » tr.ans *t re gnoruiu dmiinum ;* meaning 
rather to advance than dismiss his style by the 

p-'peM.ulder. 
Many of their kings, as 1 could express at 

Mtw leisure, linvc withstood peremptory ctn- 

*ur.«s (»f the Church of Home, almost * ail de- 



Hv the*e precedents and many more, which 
time serves not to dilate or to enlarge, 1 hold it 
very clear, that. l>oth princes and their bishops 
have obeyed these papal et mures in matters 
touching their prerogative and state, neither 
longer nor oftener than debility or necessity 
enioiced them to abate their bails, in a storm 
of distress : Though decrees privative hare 
hi -en often squared by laws positive ; and that 
albeit inanv kinjis have made a shew to be 
ruil 1 spectators of ti.eir neighbours harni«, yet 
if the ca*e came once to touch cither their own 
nhVrtion or the:r ri^ht, thev were content to 



' li'juiuoi iiiiiina:' some time upon supposition : r-jd without the ordinary consonauts of the 



315] STATE TRIALS, 4- James I. 1606.— TVw/ of Henry Garnet, a Conspirator [510 



Ilomau alphabet. If then the weapons with 
which our antecessors thught against ambition 
and wrong, have been eaten into by the cankc rs 
of superstitious fears, or overawed by wretch- 
less sloth ; let us scour them with the powder 
of experience, since these hot alarms begin to 
sound, before we l>e surprized in over-great se- 
curity ; and by resorting often to the rule of 
(rod's direction, which is ' verus Judex et $>ui 

* et obliqui,' we shall the better understand, 
according to the quidity of superior commands, 
either to lay down our lives, or submit our con- 
formity. It was in my conceit a pain well 
taken of late years to reduce the feast of our 
Saviour's nativity as near to the right term or 
period, as art and industry could devise, bv 
taking up the loose minutes which by tract of 
time and multiplication of degrees had drawn 
OLt a wider distance by certain days, than i\as 
consonant to the first calendar : and therefore 
the like labour in another kind might worthily 
reduce the challenge which popes have pretend- 
ed in some cases above kings, to the same pro- 
portion which it held under Gregory the first, 
Leo, and nil other bishops of that see before 
that date, by cutting off encroachments, which 
by fractions of time have brought the church 
into scandal, and the greatest part of princes 
into jealousy : For all this while boldness un- 
dertakes, wit contrives, assistance furthers, 
conscience prepare*, scrupulosity consents, 
strength prevails, and innjcsty suffers. 

Now must 1 begin either by Mr. Garnet's 
leave or against his leave, to rip up the false 
stitches of the canon, « Nos sanctorum prsede- 
' cessoruni,* confidently vouched at his first ap- 
proach to the council-board, after justified be- 
lore the lords in commission, and at this instant 
stood upon, as our own ears can witness, in de- 
fence of that supposed interest of deposing or 
dispatching lawful kings, which is the binding 
knot of the late* Gordian conspiracy. For 
though wise men that either follow learned 
conscience, or any certainty of direction or 
rule, will tax Mr. Garnet's haste in pre-sup- 
posing censures, which the pope did never yet 
pronounce, in dealing worse with his own sove- 
reign, than any other prince in his condition, 
running without an errand, and rebelling with- 
out a colour ; yet I will take this canon for the 
time * tie bene esse' as it lies, • ut concusso 

* fundainento arx ipsa enncidnt.' This only 
principle, if I err not, huth more afflicted, dis- 
credited, and disabled the pope's means and 
instruments, in working his own ends, than all 
the batteries that have been bent against the 
Vatican for tho f pace of 500 year*. For what 
prince under heaven can repute hi 4 >tate se- 
cure, so long as every small distaste to the 
pope's desire may ground a challenae, the 
challenge may procure a citation, ih* citation 
may produce a sentence, the sentence either 
neglected or not sati^ird, infers contumacy, 
and cuntumacv deprive* the suppose J delin- 
quent of that honour which nature gives, con- 
science avows, and consent fortiiie*? so as in 
ttlis case either Gregory the ** venth in respect 



of his ill hap, or no other person upon earth, 
hath reason to acknowledge that rule of the 
Holy Ghost, that ' in quo peccanius, in eodem 
' plectimur.' 'lhe words of the canon strongly 
bent against the crown imperial of Henry 4, 
are not many, but yet heavy, and in English 
thus: " We observing the statutes of our holy 
predecessors, do absolve those that arc bound 
by fidelity and oath to person* excommunicato 
ed, from their oaths, and do forbid them to ob- 
serve or k«ep their fealty toward them, * quo- 
' usque ipsi ad satisfactioncm veniant,' till 
they come to yield satisfaction." 

Thus far the text of the canon ' expressi* 
' verbis :' but since this is that * pillula a urea/ 
or rather ' dcaurata,' that pill not of gold but 
guilt, w hich is preserved in the cabinet of the 
church of Rome to purge princes of their choler 
' in morbis acutis,' in hot fevers ; that is, 
whensoever they begin to square with the pope 
about any point of ecclesiastical prerogative: 
and since Mr. Garnet for his own part likes the 
composition so well, a* that he shrinks not. in 
defence thereof to hazard the life anil stale of 
his matchless sovereign, and his royal issue, 
supposing them to be more sick, God be 
thanked, than they find themselves ; /Tbeliov- 
cth me out of affection and duty to my dear so- 
vereign, though otherwise unworthy so much 
as to gather Oierbas agrestes' with that child 
of the prophet, ' in die critico,' upon this day 
critical, to examine the first ' recipe" as I find 
it formally subscribed by the pope's own hand, 
that by more heedful looking into the quality 
of particular ingredients, I may the better un- 
derstand, by understanding judge, and out of 
judgment resolve, how well it agrees with the 
precepts ' melioris a k vi,' both in proportion and 
property. 

The first ingredient, of observing statutes, I 
confess to be of great effect in working the cure 
of any grievance to the church or common- 
wealth : but yet I lind it not of use among the 
canonists, that exempt the pope from the regu- 
lar observation <>f any law or statute, that out 
of his own election he likes not to follow. But 
to the matter, I would le irn who.^e statutes, 
they are, or by whom enacted, or in what par- 
liament, that Gregory 7, intending to depose 
an emperor, established by the providence of 
(rod, and tikin" God's own nthce into his 
hand, by making himself in this point ' similem 
1 Altissimo,' will observe thus tenderly. Surely 
the prophet David was never in the number of 
those piodceviors that promoted any such 
decree, cridcmzjiug persons with all kinds of 
presumption or di.icont!-iU, that shall induce a 
subject to lift no hi*i hand * contra unctum 
' Domir.i.' Our Saviour was none of ihem, 
comm-uiding his disciples to give unto Ciesnr 
whal is Ca'sir's, and rather to endure, than 
offer violence to any man, much less to magis- 
trates. St.-I\ r* r, that ought to be the lii>t in 
rcspejt of the descent which the popes derive, 
gave never any voice to any such decree : for 
he enjoins obedience even to tyrants, whose 
authority ua* absolute, baint Paul was none : 



317] 



STATE TRIALS, 4 James I. J GOO — in the Gunpowder Plot. 



[313 



for he commandeth prayers to be made by the 
faithful, * pro regibus, et omnibus qui in subli- 
4 initute coustituti sunt/ for kings, and all those 
that are placed in sublimity, as at that instant 
Nero the tyrant was ; and to what end ? that 
under them the Christians might peaceably live. 
Out of the rank of these predecessors, he 
must exclude Pope Xistus, who touching the 
rule of conscience, resolved ratber to obev God 
than man : but touching the point of obedi- 
ence, made no kind of resistance nor opposition 
to tyranny. And Origen's opinion whs, That 

* omnia crimina quae vindicari vult Deus, non 

* per Antistites, et Principes Ecelesiarum, sed 

* per mundi Judices voluit vindicari.' lie must 
exclude Marccllinus, that offended no magis- 
trate any further, tlian to make the church of 
God know that Cssnr's decrees were no lawful 
warrants, as some taught, for idolatry. lie must 
delude Cornelius, who being charged with a 
course of entertaining intelligence by letter 
with St. Cyprian the: bishop of Carthage (at 
that time) protested at his death, that the con- 
Cents of those letters had no other end or drift, 
than preservation of souls. So far were they 
from derogation of obedience to authority, as 
St. Gregory had never read this statute ; for 
unless they will avow that ' semis' may be * supra 
4 Dominum,' which Christ denies, they must 
confess that Gregory ticknow lodging himself a 
sen ant to Mauritius, he could neither overtop 
luni, nor uign over him. 

Neither is it proballe that Pope Annstnsins 
to an emperor of that name would have written, 
That the breast of his clemency was the shrine 
«»f public happiness, and that his height earned 
Hit place of that lieutenancy, which God com- 
manded to rule and govern upon earth, if he 
but held hi in a tenant of his crown to the see 
Apo»tolick: and therefore with our venerable 
Ci'Utitr^man I must conclude, that the master- 
rule of our life, i> * Kcclesiai primi'ivsr actus 

* imitari,' to imitate the examples of the church 
primitive. 

But if, notwithstanding this obedience, they 
will enforce a man to reign who with his own 
mouth doth pioless the contrary, which is to 
sene ; let them call to mind that observation 
of the wisest king that ever was, That one of 
tbc chief instruments, * Per qua 1 movetur terra/ 
by which the earth is shaken, is ' Servus cum 

* reenaverit.* I know not what pope can pre- 
tend a better title to the prerogative of making 
Ja*s and statutes, than all or some of these 
which had their course, and held that chair; 
and vet we find not that all this while thecu«e 
•as put (much less ruled) by such laws or sta- 
tute*, as might either countenance the pope's 
challenge, or excuse his intrusion. Hut why 
should we thus puzzle or afflict our spirits in 
turning over both the Testaments, in ransack- 
ing the volumes of the Council*, or in sounding 
the judgment of the learn- (1 Fath'rs a bom the 
names of chose holy predecessors which aie 
•wily recorded in their library ? In singling some 
of the principals from the body of the herd, 
*ad heanng there express their own conceits 



| in their own words, it may perhaps be found 
that their reputations in this point have been 
further charged, than they can be blemished : 
bare words arc not to be recorded without 
demonstrations of right, or impressions of ac- 
knowledgement. But in the course of my ow n 
reading, which were sufficient to find out a 
black swan if any were, though not so well 
able to resolve a doubt as many are, I may 
protest that I could never light upon a- prece- 
dent of any pope before Gregory 7th that Wok 
notice of any statute, much more enacted or 
approved any for the maintenance of this de- 
posing challenge; although in case there had 
been such, I would hardly have preferred tin* 
practice of any sinner that may swerve, before 
the precepts of a Saviour that derives doctrine 
from Deity. 

The civil laws decree, That ' Si princeps 
* causam inter partes audierit et sententiam 
' dixcrit, est lex in omnibus similibus.' If a 
prince have heard a cause among the parties 
and pronounced sentence, in all like cases it 
shall stand fur law ; much more in cases of 
obedience and sufferance, which ' Hex Regum/ 
the King of all Kings hath both heard and deter- 
mined. For if the schoolmen have resolved 
truly and advisedly, that the pope cannot remit 
sin* without sacramental ministration, nor 
alter forms c*scntial, nor * ad placituin' release 
vows ; because this absolute prerogative only 
appertains to the key of liim which opens and 
no man shuts; much less can any pope out of 
the strength of pension, though warped and in- 
volved within many folds of fair appearances, 
deprive magistrates. 

Whether the chair of Gregory 7th brake or 
not, as one writer notes, at the pronouncing of 
the sentence, because the pope or the sentence, 
or both pope and sentence, were too heavy for 
a chair that had -not been so far pressed or 
surcharged for the space of a thousand years, 
it is not my purpose at this present to dispute: 
but I am very sure, that the policy, the dis- 
cipline, and order of the church received a great 
crack, when the force of the spirit was per- 
verted and abused to the satisfaction of inor- 
dinate desires, which mortification should rather 
suppress, than ambition execute. For St. Ber- 
nard writeth with great judgment to pope Eu- 
genius, that * Kpiscopi et ministri Ecclesia* 
cum tractant politico/ when bishops and pastors 
of the church intermeddle with civil policy, £ 
mean so far as may put princes to their piungc, 
they invade the limits, they disturb the func- 
tions, and thrust their fickle into the harvest of 
other men. If none of the predecessors of 
I Gregory 7th, in which many were religious, 
regarding more internal piety, than external 
pomp, were privy to the reason or promulgation 
j of such a law, but Gregory himself first ui.d< r- 
j took the exercise ' duorum gladioruin/ of two 
' swords upon a weak text in St. Luke, (which is 
1 not taken in that sense bv any of those fathers 
whom Thoma* Aquinas voucheth * in catena 
' aurea.') Is it not then more than probable, 
that this law was both enacted and proclaimed 



310] STATE TRIALS, 4 James I. 1006.. 

in one day, without any former precedent or 
record, either ' in albo Piatorum,' or ' in ru- 
* brica Martyruin?* 

Irithemius, a grave and learned writer, living 
in the year lOOii, who was about the time 
when hi the pope was put into tLis heat, affirms, 
r i hat ibis question was then argued, hut not 
determined: and where? not ' inter Episcopos,' 
but * inter Schola*tio>s,' among the sclioolmen, 
Whether it belonged to the spiritual jurisdic- 
tion of the pope, to depute an emperor from 
sovereign dignity. 

The church of I/cge in Jike manner in the 
same qunri el, and toon after the same time, avow 
by letter to pope Pascal, that none of those 
holy predecessors of which Gregory 7 speaks, 
ever drew the sword against any emperor, be- 
fore himself, commanding that grcnt lady the 
countess Maud, that in her life depended wholly 
upon his direction, and on her death-bed left a 
rich legacy to the church, and that * in reinis- 
4 sionern peccntoruui/ to pcr?ecuie tliis prime: 
whereas Christ himself, whom Gregory should 
imitate upon the same condition ( peccatoium 
reraissiouis,' that i-, as we forgive the tres- 
passes, enjuincth his disciples to forgive their 
enemies, aud that not seven times only, which 
agrees well with ti-e number of ' septinius Grv- 
4 gorius/ but scveulv tin>es seven, using the 
number of finite for luliuitr, which agrees hot- 
ter with the duty ot * Grcgovius Episcopus.' 

Otho Fristngcnsis, 'another author of those 
time-, concurring formally with the two prece- 
dent witnesses, affirm*, that ' legend o tt re!c- 
' genuo,' in rending ami reading over again the 
lives ami actions of cmperois, he could not hit 
upon any one in that rank, that before llcnry 
4th was expelled or uepo>ed by the papacy. 
Wherefore the proof standing very clear and 
pregnant, as 1 take it on this side, a* well * Quia 
' probatur mapifestum,' as c Quia non probatur 
' contrarium;' that this act of Gregory found 
no right antecedent whereupon to ground a 
reasonable consequent; I would gladly learn 
for inv own instruction ofauv writer modern or 
ancient, whether it were a just part in a judge 
to condemn an emperor, ' cuumi inaudita,\or 
u wite part in an emperor, to put hi?* crown ' in 
' mauus Papalis,* into the pop-'s hands without 
surer hold ; or a religious part in a pope, to 
vouch buch records as are not any when* w;t 
d iwn, if they ho not in t-ibles of ice, ' ld«jiie 
* li-'.utibu* m ris,* the winds blowing r=oiitli^-: Iv. 
But it may he I ha\e mistaken by error, or 
overshot wnh bane, or omitted by prejudice 
some Mich predecessor to Grigory, ;e> was au- 
thor of some such act, without any kind of ex- 
ception nwds: in the behalf of the prim c, cill.rr 
of iuv.ili lily of the sentence, or of peril in tin. 
preceileni. For this pope u>tii:hetli Zucharv : 
a predeci-s-n" of his own, that depos. d ( hi> 
dirick the king of r'runct ; though, as Gnlasios 
reports to A nastasius this heavy sentence ft 11 
not on him, so much tor nny crime committed 
by himself, us because he was reputed ' inuiilis,' 
unprofitable, or of no use to so great a mo- 
narchy. 



-Trial of Henry Garnet, a Conspirator [320 

I would be loth that any man should hold me 
so presumptuous or undi&creet, as to carry over 
a question of this importance with a peremptory 
strain, as if no author bad reported tin* sup- 
pression of Childerick to ha\e been in very 
deed the powerful act and execution of Znchary. 
For I acknowledge that some such there are 
(though earnestly transported with a desire to 
raise and improve the leputation of Koine, by 
an effect of so forcible authority.) My desire 
is therefore only to be beard in a word or two, 
and m> far to be credited, as the weight of rea- 
sons may demonstrate, that only the peers of 
France deprived Childerick by uniform consent, 
howsoever they were providently careful after- 
ward, that their proceeding upon tickle terms, 
might pass more currently the voice and cen- 
sure ot the world, by approbation of so grave an 
oracle. But herein that I note, that. Gregory 
gives evidence with bis own mouth in ' causa 
' propria/ in a cause that concerns himself, 
which Isaiah did not, appealing ' ad le^em et 
4 testimonium / nor our Saviour excluding any 
man's report, * Qui de seipso perhibet tCMiino- 
' ilium;' nor St. Peter upon advantage ' Ser- 
1 monis prophctici.' 1 he Civilians allow nut- 
ibis preiogative to Cisar, nor the bishops of 
Africa to Zozimus, nor .lohannes de Purisiis 
to any pope, ' nisi scriptural fulciatur nuthori- 
• tite/ unless he be supported by the warrant 
of holy writ; nor the canons themselves to any 
mortal man that may be subject to attentions. 
Uut I will let thus advantage pass, though it may 
seem strange, that whereas the figure of St. 
Peter's p< rsuii was sufficient whilst he convers- 
ed upon earth, to cure private men of their in- 
firmities, it happens alter his translation into the 
mount, that the shadow of his function should 
prevail so far as to the suppression of mo- 
narchies. 

First therefore, in disproof of absolution from 
oath, and deprivation of regal jurisdiction as- 
cribed to thi> pope, I take hold of the gloss it- 
self expounding this word ' deposuit/ for' de- 
' pouentihiis councils'; t :* for hereby it appears 
that this honest man being far from their 
ambition and piesuniptiou, that hold it a great 
honour tor a pope to d» pose a kinji, s» light 
carefully and modestly to arquit that chair of 
an imputed crime, (or error at the least) apply- 
ing the text of hi*, own r. end to the testimony 
of the bc-»t histories. For in a story found in 
the library of the Abbey of Fnlda. among the 
German* , it is plain, and by the report of a 
French writer very ancient, that kin:: Pepin of 
France was surrogated into the place of ChiJ- 
dcr:ck by the whole nation of the Frnuks, * re- 
' lationc tuntummodo missa ad nedai.i apostoh- 
* cam,' leport being only made to the see 
Apo-t-.lieV. 

It i*hke-v.i*c evident bv the same nrthor, that 
helnre any ambassador was scut to Koine from 
France, ties silly cypher of a kin«», * non re sod 
' nomine Tautiunmodo rrgnwhut/ was a king in 
title, not in truth, and did only till the- place of 
royalty upon the stage of scorn : and therefore 
w ben the reals were all converted into nominal*. 



S21] 



STATE TRIALS, 4 James I. 1000 in the Gunpowder Plot. 



let no man wonder at the voice of ratification, 
but rather note the reproof of imbecility. The 
whole sway and stroke of affairs in the state 
rested at that time in the hand of one person 
only, that was Muire du Palais, his sole act »as 
authentic*!, his word was law : to him they re- 
sorted for resolution ; to him ihey pave thanks 
for satisfaction : and therefore if it be true that 
' privatio praesupponit hahitum/ it must like- 
wise be true that Childerick could not be de- 
prive*! of a state whereof he was not possessed 
at that instant, without new grounds of phijo- 
s«phy. Another author writes *■ misisse baro- 

* nis ad Zachariam pnpam,' that the barons of 
France sent to pope Zachary as it were to con- 
sult, whether ' ignavum pecus ' a drone that de- 
vours, or a hee that labours, were more sufficient 
Co command so great a state; and that Zachary, 
mot unlike in this to Alexander the Great, be- 
stowed his voice of approbation on him that 
tlotild be reputed * digiiissimirs.' Gagwin 
makes a question to be moved to pope Zachary 
from die whole estate of France, by this kind 
of comparison, Whether of these two persons, 
'data electione,' free choice being given, were 
more capable of government, he that spends 
ks time at home * nihil agens ' idlely, or he that 
bending his whole endeavours to affairs ' indus- 

* una virtutequc publica negotia modernretuh' 
Bat the pope's answer being, by the report of 
this author, as was testified before, ' hocadducti 
' responso proceres sibi regein delegerunr,' the 
peers induced by the same, chose Pepin king. 
oat as we know, that a question in point of 
fart submits no claim of rieht, so the pope's 
answer out of discretion, implies no bond or ob- 
ligation of necessity. With this opinion con- 
cars another writer of that state, proving by an 
express deduction of the whole cause, that the 
choice of Pepin proceeded originally from the 
free consent of the French peers ; though for 
prevention of all doubts and scruples, lest male- 
contents might ascribe the process rather to 
respective faction than to single faith, there was 
great use of the pope's authority ' disponents 

* in dubio procerum,' resolving the doubt which 
caused the peers to stagger. This would have 
been the end, whatsoever clouds were cast, or 
the pope bad said : but ( abundans cautela non 
1 nocct,' and the persons that either are not at 
ill, or very little interested by their own parti- 
cular in the point in question, are presumed by 
the law to regard the matters with eyes of 
greatest equity. This manner of proceeding is 
not strange ; for Joab fearing at the height of 
his fortunethe shot of envy, pressed David with 
t powerful argument, to come in person, and 
receive the honour of giving up of the fort of 
Rabbath, tbat by his industry was brought to 
the last pinch, lest his owo glory in the world 
might swell too much by the fortunate addition 
of so prosperous an accident. Wc count that 
doctor happy, that resorts to the sick patient 
*io declinatione morbi:' and it hath ever been 
accounted an effect of skill, to wind in the con- 
science of an upright judge for the countenance 
•f a came humorously undertaken by the first 

tol, it. 



[322 

author, that works under the reputation of un- 
suspected truth. Wherefore though this * major 

* du palais,' or supei intendant general over all 
the French affairs, held in his bpst course to 
mask religion with the veil of holiness ; though 
Zachary were not unwilling in the end to take 
hold of this offer for the grounding of a prece- 
dent of challenge^ and advantage in like causes 
at another time ; though the peers were willing 
to leave ' Speciem ' to Zachary, reserving ' Vim 
the strength and execution only to themselves, 
let this be neither rule nor instrument of curb* 
ing princes of better understanding, or embold- 
ening popes of stronger minds. For as well 
might the poor fly sitting on the cart .wheel 
while it was in moving, wonder at the' great 
cloud of dust which she raised in the beaten 
way, as Gregory or Zachary draw counsel to 
power, or make that act their own, which was 
hammered in the forge of ambition, counte- 
nanced with a colour of necessity, and executed 
by a minister, that being weary of subordina- 
tion, resolved by this trick, when the meant 
were fitted and prepared to the plot, to make 
himself absolute. The case of kings were piti- 
ful, if ' ex factis singularibus, ' out of special 
facts and practices, as the chapter of Liege 
writeth gravely to pope Paschal, it were lawful 
to draw leaden rules in their disgrace. For 
some men undertake too much out of presump- 
tion ; some yield too much out of cowardice ; 
the greater part strain farther than they ought 
of right ; and those weak rules lighting hy mis- 
hap into the hand of power, not tempered with 
conscience, are sometime forced by affection f 
sometime bent with corruption, and for the 
greatest part applied with subtilty. It seemeth 
not, by the report of Paulus TEmilius, that this 
manner of proceeding against princes by the 
chief "pastors of the church, though without pas- 
sion, and at the request of public states, was 
usual or ordinary in those days; much less hu- 
morous, violent, or voluntary decrees. For Za- 
chary himself was at the first so moderate and 
mannerly, ( ut non auderet tarn inagni momenti 

* cogiiationem su^cipere,' so much us apprehend 
a conceit or thought of so great a business. 
And therefore though we should dispense with 
Gregory 7, in vouching this predecessor in point, 
yet. the predecessor himself by daintiness, doth 
in a sort disclaim the charter which he should 
pretend, without either enforcing or urging, in 
so plain a sphere, any external traverse of ob- 
liquity. 

By this author it is manifest, with what ten- 
derness, advice, and caution the pope opened a 
vein that is apt to bleed above the measure 
which the doctor's art prescribes : for finding 
by equity, that ('hilderick was the last branch, 
though sear and withered, of Clouis the first 
Christian prince among the French, that he was 
' sine liberie, sine ingenio,' without either issue 
or disci ction, the strongest sinews both of suc- 
cession and government, that he was so be- * 
numbed with sloth and sensuality, that lie could 
not feel the taking off his crown from his head, 
that his suppression was not only sought by 



323] STATE TRIALS, 4 James I. 1000.— Trial of Henry Garnet, a Contpirator [324 



France, but applauded by the world : the pope 
proceeded, having perhaps in his eye the bond 
whereby he might engage the kindness of king 
Pepin to the church of Koine, against the (ircek- 
ish emperors, transported with jealousy. " This 
makes K ran si us in his history of Saxe to won- 
der ut the fastness between the French kings 
and the popes, like hands that wash and help 
one another by mutual support, in attaining 
those high objects which both aimed at. Anto- 
ninus joins with others in expressing the demand 
comparative between a prince of judgment, and 
a ( taict-neant/ an image, and a man ; between 
a king indeed, and one ' qui solo nomine regio 

* tegcrttur^ that was only masked with the 
ntme and tit!* of a k ing ; adding, that the states 
assembled upon the first return of the pope's 
answfcr, suppressed Childerick, and raised his 
competitor. Zuchary was so far from levelling 
at the person or the crown of Childerick. ' in hy- 
'pothesi/ if we give credit to out own country- 
man Polychronicou, as he only meant ( in thesi' 
to set down his judgment of .the difference 
which a wite state ought to make between two 
princes qualified, not only in a kiud of dispro- 
portion, but of a direct opposition of gifts 
and properties. Gotefridus Viterbiensis, strik- 
ing rather at the root, than at the brunches of 
this enterprize, affirms not * Francos Zachariai 

* paruisse decrcto, sed acquievisse consilio :' 
though the difference be as great as between an 
absolute injunction and a politic advice. Sa- 
bellieus, without so much as dreaming of a do- 
native, avows a counsel by these words, * con- 
4 sulto prins pontifice/ Nauclere yet more 

. roundly if it be possible, that alter the peers had 
first elected, the pope ratified r and with him 
agrees Blond us in one tune, without either rest 
of violence, or inducement of affection. 

Out of Aventine I draw two reasons of con- 
clusion against the jurisdiction of pope Zacharv. 
The first, That being moved by the French 
peers as before, he take* his ground of answer 
from the revolt of t lie tun tubes, (though as 
aptly as a man might avow the rising of Jack 
Cade against his anointed so\ereigu.) For, the 
sins of that ungodly race, the curses that were 
pronounced against the rebels themselves, and 
ttie censures- ol God's prophets, evidently prove, 
rhat the fact was exorbitant.. The same rea- 
son may be drawn from Zacluiry'.* own paradox 
at the same return, defending, rhat since prince* 
hold their crowns and toverniuents of the peo- 
ple'* choice, in whom it resteth absolutely 
• conatituere et destituerc/ to constitute and 
desert ; though the doctrine he ns dangerous 
as it is damnable, yet hereby it is evident (for 
me) that the right of deposition (being, as the 
pope himself avows, invented in the people) 
was not in himself, and 1 y consequent, that 
he was a counsellor, hut no commander; an 
as>ist:uit, not a jud^e ; and that he did only 
approve by admittance, nut enjoin by prero- 
gative. 

I know that Mr. Garnet and the rest will 
a* unwillingly, admit the judgment of the cen- 
turies in thu circumstance concerning Childe- 



rick, (as other would barons of another side) 
further than the warrant of their proof makes 
way ; which moves me with a better will to let 
tlum pass, and leave the judgment of this 
point upon the credit of such authors as had no 
reason to speak more than truth for advantages 
of either part, because in those days not the 
manner, but the matter ; not the circumstance, 
but the substance ; not ' quo jure,' but ' ad 
1 quetn finem,' came to be decided between the - 
pope and the parliament. 

But touching the pope's process against 
Henry, the chnpter of the church of Liege doth 
unfeiguedly protest, that in their exact perusal 
of boih Testaments, they could mid no prece- 
dent ( hujusmodi prajcepti apostoliei/ of any 
such injunction or writ apostolick. A good 
caution to make us tender in misdeeming of 
their reports and testimonies, which (living in 
the time of this distemper void of passion, and 
qualified witU modesty, being learned both in 
i he scriptt. res and civil laws, and regarding 
more the peace and quiet of the church, than 
the partialities or humours of either side) 
affirms soundly out of knowledge, and confi- 
dently upon their credit, that this Gregory 7, 
was the tiist pope that deposed any prince 
by the warrant of St. Peter's Keys; or, to use 
their own phrase, that ever lifted up the priestly 
launce against Caisar's sword, not dreaming of 
any formal process sent out by pope Zachary 
against king Childerick. 

The very circle of a crown imperial (so far 
as any state or fortune beneath the moon can 
reach) implies a perpetuity of motion : for ac- 
cording to that principle of the mathematicks, 
as it begins from all paits alike, so * in seip>a 
* desinit,' and ends absolutely in itself, without 
any other point or scope objf ctual to move 
unto. That the pope hath sometimes set the 
crown imperial upon Caisar's head, since the 
crowniug of king Pepin, (whom I take to be the 
first) ought to be no reason ot'^js tossing crowns 
from head to head like tenms-balis ; for tins 
were the way by signs to destroy substances, 
and to oppose formality to necessity, and occa- 
sion to institution. The metropolian of every 
kingdom, may do as much in form, * Non con- 
' ferendo jus, sed implendo justitiam,' not con- 
fening right, but doing what is just and right, 
as H is aptly said by one of their own partners. 
For though the pope reserve unto himself this 
final iutertst of crowniug an elected emperor 
at Home, and some flatterers would deiive a 
kind of necessity for consummation and osta- 
blishment from thenre ; yet many emperors of 
an elder date, and Charles 5, in our time, have 
bteu rca*iy with their swords in their hands to 
prove (notwithstanding filial regard and rever- 
ence to the mother-church) that the stroke of 
power is absolute without relative formality. I 
conclude tins question concerning Childerick, 
with an argument inevitably either by inveiw ' 
Lion or sophistry, not disabling the witnesses. 
For Soto, both a friar and a learned schoolman,, 
holds, that * extra causas fidei ipsi pontine** 
4 nunquum ausi sunt regis deponere :' (he- 



325] 



STATE TRIALS, 4 James I. 1606 — in the Gunpowder Plot. 



[3'2* 



popes themselves durst never depose any king 
without the compos* of such matters as conceiii 
faith. But Childerick whs deposed not for 
any point of faith, but as pope Gelasius writes 
to Anastasius, because he was of no use to the 
commonwealth ; therefore it is not possible 
that Childerick should be deposed l;y pope 
Zachary. What hue-and-cry hath been made 
in former times against uncivil claims, var- 
nished with religious pretences, nothing proves 
more plainly thau the strong opposition which 
was made at the Holy-Land to Pelagius the 
pope's legate, for seeking to draw in all parts to 
the share of the church, at the taking the rich 
city Dawiata, not unlike to the partition which 
was made by the lion to other beasts that 
hunted in hi* company : for it is true that at 
the first they wondered, and after complained, 
that the minister of him, whose office was to 
itrengthcn by advice, should. discourage by too 
Biuch greediness. 

To, that example which is given by Gregory 
7 of Alexander 1, another supposed predeces- 
sor, absolving Christians from oaths, it were 
idleness to shape any formal answer ; since it 
Lath neither likelihood in common sense, nor 
ground o( antiquity : For, in a thousand years 
alter Alexander 1, this kind of releasing oaths 
was not hatched, much less practised. It is 
not probable that a discreet pope, void of hu- 
mouis, as in that first spring of piety alt wore, 
would have sought to range a faithless prince 
to formal discipline, since Paul himself refuseth 
to judge those that were no sheep of the fold, 
but ' tori*,* that is without. And as unproba- 
ble it is, that when the bishops of Home in- 
tended ni'bt the winning of souls by obedience, 
that should give so great cause of distaste to 
tbo&e princes, that by the strength of their own 
laws were most absolute in authority. It may 
he thai Alexander 1 might comfort and secure 
the conscience of some Christians that were 
oter-scrupulousand precise in observing wick- 
ed ami unlawful oaths, which are * ipso jure 
' nulla,' though the pope should not dispense, 
tod therefore broken with a better couscieuce 
towards God, than kept. But how proves that 
the breach of lawful oaths to princes that are 
uglttly seated in their state, though perhaps 
but ever good, which the church condemn*, 
tod uo law justifies ? I hold it most absurd, 
that the church of itouie for greatness, or the 
church universal lor instruction, would not 
have kept record of such a fact, if any such 
had been : But it is not hard to prove ' quid- 
* hbet ex quolibet,' where men may devise to 
join their own positions, without care eirher to 
answer for presumption^ or to account for ig- 
norance, and then to grace them with protes- 
tuiom of piety. 

The caution which St. Peter is said to give 
at the ordination of St. Clement, that no man 
ibould be favoured or kindly entertained by 
the true professors of religion, against whom 
his successors should conceive offence, may be 
admitted without prejudice to this point ; if we 
•peak of such Just offence* as God's law pu- 



nisheth. Thfre are cases wherein a man, that 
doth but in a word salute and giveja God-speed 
to a grievous sinner, is said ' Communicare 
4 operibus ipsius maligui* :' Beit this is not 
ever ; when St. Clement's successors censure 
more out of passion, than out of reason. 
Christian princes were not so much as thocght 
upon when this course was set, and therefore 
far out of pope Alexander's aim, that is, made 
to wound a king standing so far off, with a 
headless arrow. Reason satisfies thus tar, that 
the pastors of the church, excluding us out of the 
fold, can bereave as only of those things which 
they give us at our coming in, that is, the king- 
dom of heaven, more in value than ten millions 
or' worlds, but no kingdom upon earth ; co-in- 
heritance with saints, not with sinners ; eternal 
blessing-*, not temporal benefits. It appears 
the wardrobe is very betgarly, as one of Mr. 
Garnet's fellows wrote over m such another 
case, that affords nothing but nigs instead of 
robes ; and the stock goes low, that would pay 
counters for Portasnies. 

These are all the predecessors which Gregory 
7 piesents as it were in a mummery, to cast 
dice for a prince's crown, as the soldiers did 
for the seamless coat of Christ: For the v come, 
and go out again, without either speaking any 
word, or giving other notice, than by signsj 
which is nothing in effect: Their end should 
rather give evidence, than make appearance, 
dispute, than dully. It is hard that the pope 
should flourish in this shameless manner, about 
the heads of anointed majesty with a rusty 
sword, which since the time that St. Peter was 
commanded to put it into the scabbard, was 
never drawn, nor by the rule of Christ ought 
to be. 

King Edgar in an excellent oration, persuad- 
ing the Saxon bishops that had the sword of 
Peter, to join hands with him that had the 
sword of Coustuntiiie for the cleansing of the 
church, meant nothing less, than that it could 
be in a bishop's power against, himself, to make 
use of the mateml sword, wliiah was assigned 
to his custody, lie tells Dunstane in the same 
speech afterward, that it was he that coinntit- 
ed this trust' to the bishop's care, that should 
chastise offenders indeed : But how ? * Episro- 
4 pali censura, et nuthoritate regiu,' by the 
episcopal censure, and the king's authority. 
Gregory 7 was not yet awake, who putting two 
swords into one sheath, intends nothing more, 
than to drive princes out of the field with their 
own weapons. 

lint howsoever some weak sovereigns, that 
received their autlioritv from God for term of 
life, have notwithstanding been content to hold 
it of the jxope at will, this bars not others of a 
quicker spirit, to examine evidence concerning 
the point of right, before they sutler them&elves 
to he concluded in the court of equity. Sub- 
jects that are dutiful, and not apt to be trans- 
ported from their faith with every blast of am- 
bitious spleen, cleave fast to the foundation 
winch is the band of obedience, not voidable 
by strong intruders, nor partial interpreters. I 



327] STATE TRIALS, 4 James I. 1606.— Trial of Henry Garnet, a Conspirator [328 



confess, that a godly pastor ought chiefly to 
provide, that Christ's humble sheep should he 
folded ia due season, and safely guarded from 
the persecution of wolves : but the sheep, for 
their part also, ought to he as cautious, that a 
wolf be not the bell-weather; which hath hap- 
pened as plteu in many churches, as the bi- 
shops out of their affection* and wrcakful pas- 
sions have been authors of a fur greater effu- 
sion of blood, than hereticks or infidels out of 
their mulignity. Further, if we may give cre- 
dit to that strange vision which Sozomen in his 
history reports, there arose a question not only 
among doctors upon earth, but even among 
saints in heaven, what course was best to he 
taken with Julian the renegade, notwithstand- 
ing his apostacy, in respect of place : And yet 
of both, I presume, that Mr. Garnet held him 
a man of worse condition and affection towards 
God and godly men tlian Henry 4, whom 
.without the least gall of conscience, or supposi- 
tion of doubt, the pope deprived thus unwor- 
thily. * 

Touching the quality of this afflicted and tor- 
mented emperor, and the true state of his 
cause, which was the ground and motive of the 
pope's sharp cholcr, 1 med not at this time say 
much, when much cannot be said for want of 
time ; but will leave him with his opposite to 
their final trial by grand jury at the dreadful 
bar, where the books of all accounts and evi- 
dences shall be laid open, and sentence shall be 
rather grounded upon just desert, than partial 
desire : And where no man shall be either 
charged out of the envy of Cra^sus, or defend- 
ed by the eloquence of Anthony. I am not 
ignorant of drat which writers on both sides, 
imperial and pontifical, Guelphes and Gibel- 
lines, have sej down touching pope and empe- 
ror, according to that humour which infection 
and distraction of parts envenomed their pens. 
I know that a man may err easily, bending too 
much out of partiality or prejudice to the bias 
of either side : And I want that just measure 
of discretion and distinction which should level 
grounds, that are made unequal and uneven 
by distempered conceit?. But whether the 
pope were vexed and disquieted with Henry's 
challenge of investiture ot' bishops « per bncu- 
' lum et unnulum,' and collation ot church- 
preferments, as some think, though many kings, 
and ours especially, have had, and ever chal- 
lenged the like prerogative in their own estates, 
or with the instigation of Sigisfrcd the archbi- 
^iop of Menty, to withdraw subjects over- 
hastily from their ordinary nsort to Home, as 
others write, though this hath been theca«e of 
some other princes in like sort that escaped 
thunder-claps, or whether Henry's mean ac- 
count of the pope's admonitions, or his prepa- 
ration tn withstand force wit ii f.rce, put the 
pope into choler, as other emperors have done 
often times, both before and Miire, with more 
easy penance for supposed pcrtinacy : Whe- 
ther ail these or any one of these occasions gave 
lire to the train, thouph I presume not to re- 
solve! yet I may be bold to conceive in my 



own opinion, that the medicine was over-sharp 
and violent for the malady. True it is. that 
the grudge of Gregory to this emperor began 
tirst to fester in his heart a good space before, 
in respect of the countenance and aid which 
Henry gave to Gibert, bishop of Parma, chosen 
pope by the cardinals on that side of the Alps, 
with opposition unto Alexander, whom Gre- 
gory, that was then but an arch-deacon, highly 
favoured. 

But supposing all were true that either 
colourably or justly hath been given out in this 
cause for truth, I desire to learn of some grave 
ducor whether these poor motives were pro- 
portionable to the pope's glowing indignation, 
which shutting his gate against the emperor, (I 
will nut say uncivilly, but uncharitably, that 
came barefoot in a bitter frost to witness true 
contrition of heart, for satisfaction to wrath) 
J set up a competitor against him in Germany, 
while he was labouring by this painful pil- 
grimage to Home, to work a perfect reconcile- 
ment with the pope; and to write to the party 
opposite, lest they might shrink upon those 
shews of friendship, likely" to ensue between 
the emperor and him, that he would send him 
back, as he would use the matter, ' culpabili- 
orem' more culpable, and by consequence more 
subject to their violent advantages. 

Nay, which is worst of all, after peace and 
friendship, and absolute forgiveness of offences 
sworn, and the sacrament received by the em- 
peror, (for the better assurance of the league 
intended at the pope's own hand) to arm his 
son against him in the held, under the pretence 
and mask of zeal, ' ut uomen Augusti abha?resi 
' vindicafet/ that he might redeem the title of 
Augustus from the blot of heresy: for to this 
center all the lines of the pope's disguised ex- 
ceptions may be drawn, and in this gulf they 
vanish: as if no man could embrace a sound 
belief, unless he had a servile heart: as if all 
that oppose against intruders were hereticks ; 
as if it were not lawful for the emperor to set 
up a traverse in the church, so long as he re- 
solved to exclude the pope from competition 
to the chair of state: or as if the supposition 
of heresy at large without conviction of any 
point heretical, against the canons of the church 
l>y proof, were a c«;mmon jail, whereiu the 
pope's custom is to lodge all christian princes, 
that by contradiction to partial demands upon 
just grounds are condemned as his cast-awavs. 
L:<st of all I woul.l know where the pope 
learned to for»ive ' culpam,' but not l pornum,' 
to a prince, that in the end was more willing 
to colic it union, than to rankle hate; or where . 
he I< arucd to distinguish between restitution to 
grace and majesty, by suspending that part of 
his favour that mi^ht put him into possession 
of his own lawful interest. I find by Sisjibert 
the abbot of Gemelack, that in his time it was 
hoiden ' hsercsis nouduin in mundum emersa,* 
tiiat the chaplains of that powerful God, that 
oftentimes makes hypocrites to reign ' propter 
' pecata populi,' should east the rod into the fire, 
before that faults were chastised according to 



329] 



STATE TRIALS, 4 James I. ] 606.— in the Gunpowder Plot. 



[330 



deserts; or by their absolute commands, dis- 
place those instruments, that, as powerful ex- 
ecutioners of heavenly judgment, are to dis- 
charge the duty which is laid upon them. 

But howsoever Gregory minht in those dog 
days scorch an emperor hy fie combustion of 
beams that ' ex diametro' were opposite hy the 
strength of a party raised by advantage of the 
time ; ytt by succeeding tokens I observe, that 
God was just, though popes were humorous. 
For one of those arch-traitors whom the pope 
erected out of passion, and supported out of 
pride,, was slain afterward at the winning of a 
town; another in the field, though (as one 
writes) not impenitent for his treachery. The 
pope himself, worn us it seems with vexation 
and strife, lived not many years ; and having 
left his point in this prince, was never able to 
my great purpose to sting afterwards. The 
mutinous and rebellious bishops, that had op- 
pressed and resisted by the pope's direction, 
never held up their heads after the fatal blow 
which they received at the synods of Mentz 
and Wmrmes, but were either slain by their 
own sheep, or perished in the mountains by a 
most hard destiny. 

W a Irani bishop of Megburghe writing to a 
German count, gives a very just cause of this 
concurrence in malignity of sharp accidents ; 
For since by resisting power (saith the bishop) 
they resisted God, it was not possible for the 
ftoccess to be better. Platina reports, that 
in the very interim, while the pope was as yet 
advising and consulting about the best course 
to he taken with this discontented prince, some 
wi«er than the rest were of the mind, ' Regem 
* non ita cito anathematisnndum,' that a prince 
was not to be accursed in such post-haste. 
Hat oppositions were idle, the pope's heart 
being wholly set upon revenge, and support- 
ing this whole process with the commission 
»iiieh Christ gave to St. Peter to feed his 
feheep, that is, to teach and instruct the flock : 
lor 1 make as great difference between instruc- 
tion and destruction, as between feeding and 
strangling, though by the very fonn of the sen- 
tence, (as it is set down against this emperor) 
it be manifest that Gregory commundcth St. 
Peter and St. Paul, as if they were his bailiffs- 
errant, to execute the writs of his poutitical and 
prirati? e nuthority. 

Touching the charge of absolving subjects 
from their oath*, which is the ch iciest instru- 
ment by which the canon * Nos Sanctorum' 
works in seeking to subvert the seats of kings, 
upon such grounds of quarrel nnd exceptions as 
nm be made, I will chiefly note, That Gregory 
doth in this case assume more to his dignity by 
deputation, than God himself doth to his deity 
by prerogative. For admitting oaths to be law- 
ful, voluntary and without derogation from* 
r^ht, (as those are which we make to princes 
a* becomes) he concludes - all their ministers, 
that dare presume to violate faith engaged upon 
those due respects, within the compa»s of per- 
jnry. The promise which God makes to man 
a 'wearing by himseLf, lit will not, though it 



tend to the quicker and the juster punish- 
ment of sin, release unto himself: and yet 
shall we think that the promise which was 
made by a sinner to him, can be released 
without him? ' Frater non reVhmot, rerihnet 
' homo? non dabit Deo placationein 6uain et 
' pretium redemptions annus sua?,' as we may 
conclude in this case with the prophet. Though 
God were so justly moved with displeasure 
against map, as he seemed to repent his own 
free-grace in planting an iugrattful stock in a 
barren soil : ' et prscavens in futurum, et tactus 

* dolore cordis intrinsecus' which inward wound 
might very far provoke the wrath of God against 
his creature; yet in respect of his word en- 
gaged, from the beginning of the world, That 
the blessed seed of a woman, whom all genera- 
tions call blessed, should bruise the serpent's 
head ; which my»tery was to be wrought with 
effect ' plenitudine temporis; 9 he would not 
dispense with his onn promise, tut suffered 
the purpose of free-grace to he carried upon 
the wheels of eternal providence, to the pre- 
fixed period of his own benignity. The griev- 
ous sins of the prophet David and of his off- 
spring, provoked God's wrath ju>tly to wipe 
both the blossoms and the root, out of all grace 
and mercy ; and yet in respect of an oath taken 
long before, that an heir of his line should never 
want, to keep his throne, it pleased him for 
the making good of his own promise, to remit 
tys displeasures. 

The greatest hope of encouragement that 
God's people could draw from the prophet , 
Samuel, when they implored his assistance in 
I distress, was this, That God having by a solemn 
oath selected and in a sort impropriated that 
nation as a choice people to himself, would 
neither exclude them out of protection, nor 
leave them to fury. 

The rule of God's own direction is very strict, 
that if any man hath made a tow to God, ' et 

* se juramento cunstriuxcrit/ and bound himself 
by oath to keep the same, it shall no longer be 
in his own election to make it void, but he 
shall perform precisely what was deliberately 
promised. It is not known to any man of under- 
standing, what the law sets down concerning 
the redemption of vows upon just cau:>e in the 
presence of the priest, and atsucti a rate a* the 
votary, according to the measure and propor- 
tion of his means, is able (without undoing) to 

I afford. Again, all men understand that unlaw- 
' ful vows and oaths (as that of Jeph'ha, Herod, 
and many other null protesters of like sort) 
force not the point of conscience in the least 
degree : but when we take an oath advisedly 
and freely, according ro the measures and con- 
ditions limited and expressed in the law of 
God, that is, according to judgment, righteous- 
ness, and truth ; yon, though it be by duty to a 
wicked prince, Ezrkiel will tench us by the 
warrant of the holy spiiit, that God himself 
will nail upon the head of the perjuror, the 
oath which he hath set l