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Her wicked practices against Cicely Balye.
his sore legge, and would heale it ; lut rising
to siew the same, perceiving hee bad cloven A third subiect whereupon this wrathfull feet, refused that offer, wbo then these being womans anger wrought, was Cicely Balye, then no vaine conceits, or phantasies, but well adservant to Robert Coulton, now wife of Wilo vised and diligently considered observances) liam l'aus, who sweeping the street before her suddenly vanished out of siglit. Atier this she maisters doore upon a Saturday in the evening, sent her impes, a toad, and crabs crawling Mary Smith begun to picke a quarrell about the about the house, which was a shoppe planmanner of sweeping, and said unto her slie chered with boords, where his servants (hee was a great fat-tailed sow, but that fatnesse being a shooe-maker) did worke: one of a bich should shortly be pulled downe and abated. those that toad, put it into the fire, where it And the next night being Sunday immediately made a groaning noyse for one quirter of an following, a cat came unto her, sate upon her houre before it was consumed ; during which breast, with which she was grievously tor time Marv Smith who sent it, did endure, (as mented, and so oppressed, that she could not was reported) torturing paines, testifying the without great difficulty draw her breath, and at felt griefe by her out-cryes then made. the same instant did perfectly see the said Mary The sicknesse which he first sustained, was in the chamber where she lay, wbo (as she con- in manner of a madnesse or phrensie, yet with ceivedl) set that cat upon her, and iinmediately some interposed release of extremity: so that after fell sicke, languished, and grew exceeding for thirteene or foureteene weekes together Jeane ; and so continued for the space of halte hee would be of perfect memory, other times a yeare together, during the whole continuance distracted and deprived of all sense. Also the in her maister's service ; untill departing from loynts and parts of his body were benummed, him, she dwelt with one mistress Garroway, besides other pains and griefes from which hee and then began to bee amended in her health, is not yet freed, but continueth in great weaka' and recover of her former pining sicknesse : nesse, disabled to perforine any labour, whereby for this witch had said, that so long as she dwelt hee may get sufficient and competent mainteneare her, sbe should not be well, but grow
And by the councel of some, sending trom evill to worse.
for this woman by whom hee was wronged, that Thus every light trifle (for what can bee lesse he might scratch her (for this hath gone as then sweeping of a little dust awry?) can mi- currant, and may plead prescription for warrant, nister matier to set on fire a wrathull indig- a foule sinne among Christians to thinke one nation, and inflame it unto desired revenge, the witch-craft can drive out another) his nailes Divell being willing to apprehend and take turned like feathers, having no strength to lay hold upon such an occasion, that so he might his hands upon her. do some pleasing office to his bond-slave, whom And it is not improbable but that she had she adored in submisse maner, upon her knees, dealt no better with others then these above with strange gestures, uttering many murmur- mentioned. For Mr. Thomas Yonges of Loning, broken, and imperfect speeches, as this don, fishmonger, reported unto me, that after Cicely did buth hcare and see, there being no tbe demand of a debt due unto Mr. John other partition between the chamber wherein Mason, silkeman of the same citie, whose shee performed these rites, and the house of her widow hee married, from Henry Smith glover maister with whom she then dwelt, but only a her husband, some execrations and curses being thin seeling of boord, through a cranny or rift wished unto him, within three or foure dayes whereof she looked, listened attentive into her (beiny then gone to Yarmouth in Norfolke words, and beheld diligently her behaviour, upon necessary businesse) he there fell sicke, and might have seene and heard much more, and was tortured with exceeding and massacring but that she was with the present spectacle so griefes, which by no meanes (having used the adaffrighted, that shee hasted downe in much vise of sundry learned and experienced phy-itians feare and distemper.
in Norwich) could in any part be mitigated, and
so extraordinarily vexed thirteene moneths, was Her wicked practice against Edmund Neulon. constrained to go on crutches, not being able
The fourth endamaged by this hagge, was to feed himselfe, and amended not before this one Edınund Newton : the discontentment did mischievous woman was committed to prion' arise from this ground; because hee had bought (accused for other wickednesses of the like severall bargaines of Holland cheese, and sold kinde) at which time (so neere as he could conthem againe, by which she thought her benefit iecture) he then received some release of his to be somewhai impaired, using the like kinde former pains, though at the present when bee of trading. The manner of her dealing with made this relation, which was at Candiemas him was in this sort, At every several time of last past, had not perfectly recovered bis buying cheese he was grievously afilicted, being wonted strength : for his left hand remained thrice, and at the last, cither she or a spirit in lame, and without use. her likenesse did appeare unto him, and whisked But thus niuch by the way onely, omitting about his face (as he lay in bed, a wet cloath how before this accident a great water-douge of very loathsome savour; afier which hee did ran over his bed, the doore of the chamber see one cloathed in russet with a little bust where he lay being shut, no such one knowde beard, who told bim hee was sent to looke upon (for carefull enquiry was made) either to have VOL. II,
beene in that house where hee lodged, or in being asked, if she would be contented to bave the whole towne at any time.
a psalme sung, answered willingly that she de I due not insist upon this, because shee did sired the same, and appointed it herselfe, the not nominate him or any orber unto us, but Lamentation of a Sinner, whose beginning is, onely those foure already expressed : and for Lord tumne not away thy face, &c. And after the the wrongs done to them, she craved mercy at ending thereof thus finished her life: so that Gods hands, as for all other her sins, and in in the iudgernent of charity we are to conceive particular for that of witch-craft, renounced the best, and thinke she resteth in peace, Dotthe Divell, embraced the mercies of God pur- withstanding her heymous transgressions turchased by the obedience of lesus Christ, and merly committed : for there is no malady 10professed that her hope was onely by his suffer- curable to the Almighty physitian, Esai. i, 18. ing and passion to bee saued. And all these, Ezech. 33, 11. Therefore Caine did injury to that is to say, her former grievous offences com- | Gud, when convicted of the barbarous and unna. initted against God, and his people, her defi- turall muriber of his righteous brother, be cryed ance of the Divell, and reposing all confidence out that his singe was greater then could be of saluation in Christ lestis alone, and his forgiven, Gen. 4, 13. for Gods piercy is greater merits, she in particular maner confessed then mans misery can be. And even for ebe openly at the place of execution, in the audi- like unto this very fact, we have a bouke case, ence of multitudes of people gathered together already adiudged, and over-ruled in those Eplie(as is usuall at such time“) to be beholders of sians, who brought their coniuring bookes, saher death. And made there also profession of crificed thein in the fire, æstimated at the her faith, and hope of a better lile hereafter ; value of 900l. of our money, repented of their and the meanes whereby she trusted to obtaine sinnes, and obtained mercy, Acis 19, vers. 19. the same, as before, hath beene specified. And
113. Proceedings against Mr. WRAYNHAM, in the Star-Chamber,
for Slandering the Lord-Chancellor Bacon of Injustice, Pasch.
16 JAMES I. A. D. 1618.* BEFORE the duke of Lenox; the earl of jesty, should put on the same garment. Cle Sustok, lurd treasurer ; the earl of Worces- mency and justice are the two lights of every ter, lord privy seal; he earl of Pembroke, kingdom, without which your persons and es. lord chanbe lain; the earl of Arundel; Vis tates would be exposed to violence, and with count Waliotordsir Fu ke Greville, chan out which great monarcbies would be but great celor of the exchequer ; Dr. Abbot, lord thefts; and as justice is not to be recompensed ar: hbiship of Canterbury; Dr. King, bishop in price, so ought vot the scandal hereot to go of Loud in; Dr. Andrews, bishop of Fly; sir | unpunished; especially, when it toucheth so Edvard Montague, I. c. justice of the King's great a person, as, in the sacred seat of justice, bench'; sir Henry Hobart, I c. justice of the is next to the king; the Chief Judge in this Coin nou Pleas; sir Laurence "anield, Lord Court, and the sole Judge in Chancery, who is chief !aron of the Exchequer; sir Edward much defamed by the gentleman at the bar, in Coke; sir 1hmas Lake, principal secretary; the most precious point of all bis virtues, his sir Henry Cary, cumptroller.
Justice : be it spoken without offence, basely Sir Henry Pulverton, Attorney General - and blamelessly is my Lord Chancellor traMay it please your Lordships; It in the honour of duced, as if he deserved that all the thunder. this Comit, that it represents the highest erihly bolts of heaven should fall upon him. majesiy, and his presence; and it is his majesty's At my lord's first coming into this place, he honour, ilt as bimself is clothed with justice, found a Cause in Chancery, between this genso you, as i he greatest ind highest next bis ma tleman at the bar, and one Mr. Fisher, not con
troverted in the title, but concerning the value It s!vould seein from the proceedings against of the lease, wbich Fisher held of Wraynham; W raynham for libelling lord Bacon with regard | in which, the Lord Chancellor perused the proto one ofhis Decrers, that the Chancellors sume- ceedings of the cause, called the parties to give tin es decided causes rather in a more supunary a summary end to so tedious a cause; and bemanner than is n-ual at present. See also what cause the success angivered not the desire of Roper, as quoted by Mr. Barrington, says of sir this gentleman, therefore he kicks against auThomas Hore's often stopping proceedings upon thority, who before was not more grieved at the bis perusal of bills preferred to him. Among expence, than now impatient at the senteoce; other curious particulars to be interred from which was not want of justice in my lord, but this trial, it is very clear that the Master of the of equity in the cause. Rolls was then considered only as the first I confess I was of counsel with Mr. WravnMaster in Chancery, as his reports are frequently hain, and pressed his cause as far as equity alluced to. See Barrington Observations on would sufier; but I know that Judges look with stat, 15 llen. 6.
other cyes than Counsellors do; they go not
by tale, but by weight. And therefore, their , and so to avoid censure; and, as if iny
lord judgment must answer the counsel, and quiet should have skill in magic, lie saith, That my the mind of the party; and though in gaming | lord hath raised a report tror hell of the late losers may speak, yet in judgment they must Master of the Roll-, wbich was contuted before be silent; because it is presumed that nothing bis face, and damned before his death; not is taken from them but what is none of theirs. content to scandalize the living, but so far, my But this gentleman being of an unquiet spirit, lords, doth bis malice overspread his wisdom, after a secret murmuring, breaks out into a that he doth not cease, with bis nail-, to scape complaint to his majesty, and not staying this the dead out of their yraves again. When it is return out of Scotland, but fancying himself, as well known unto your lordships, that the Masif he saw some cloud arising over my lord,
ter of the Roils was a man of
great under-tanda wearying and tiring his majesty with infinite ing, great pains, great experience, great dexsupplications in this case. And now, my lords, terity, and of great integrity; yet, because this as it all his former cause had been lost, he
pre cause fell by casualty into his hands, liv revesents it no more in parts, or loose papers, rence from the last lord chancellor, and he folbut compiling bis undigested thoughts into a
lowed not this man's humour in his report; Libel, though the volume was but in quarto, therefore be brands him with these as; ersions, fastens it on the king on Good Friday last
. And and adds this to the rest, That he grounded this his most princely majesty, finding it stuffed up report upon witnesses that swore impossibiliwith most bitter reviting speeches against so ies, gross absurdities, and apparent untruths. great and worthy a Judge, hath of bimself com How can you but think, my lords, but that this nanded me this day to set forth and manifest gentleman's head is full of prison, seeing it fell his fault onto your lordships, that so he might out su fast then into his felli, trampling upua receive deserved puni-liment.
the dead? And this is an addition unto his puIn this velvet pamphlet (for this Book is nishment, the injury of him that is dead, bebound in velvet) is set forth his cause, the work cause the state yet lives, wherein his justice is of this day; wherein Mr. Wraynham saith, be scandalized. had two decrees in the first Lord Chancellor's And vow, my lords, that you may the more time, both under the great seal, and yet both detest his slanders, whereby be goeib about to are altered since the last lord chancellor's death, slander my Lord Chancelloi's justice ; live ine and cancelled by this lord chancellor in a pre- leave to open the plain and even wa', wherein posterous manner; and 1, without cause; 2, this great julge walls in this particular case. without matter; 3, without any legal proceed. The que'tions in Chancery at first were two, ing; 4, without precedent; 5, upon the party's betrcen Wraynlain and Fisher, upon cross bare suggestions; and 6, without calling Mr. suits, either against the ther; Wrayabaam comWraynhain to answer. And of this, my lords, plains of trust broken, whereby ie Wils de spitefully he imagines a threefold end : 1, 10 frauded; Fisher r upon a debt of a riva ericked reward Fisher's fraud and perjuries ; 2, to paling detained by Wraynham. Upon proof of liate his unjust proceedings, and to rack shinys both these, ii' nas by ass. nt orderti, That out of joint: and 3, to contound Wragoban's Fisher siould assign the lease made wito hin estate: and th:it my lord was therein led by the upon t. ust, ind Waynham should pay the inorule of lois oun fancy. Yet he stayed not here; ney, so well prosed to be due to Filier : so hy but, as if lie would set spurs agair st my lord, assent was the decree bad, which is the first he aggravate, my lord's injustice to be worse deriee, than murder; saying, That in his Sentence, he But Mr. Wraynham, misely suspecting that hitid -voured him and his whole family. And Mr. Fisher had incumbered his lease, ind if it secondly, as it one sin should flow upon ano. should be assigned to him according to the dether, he doubles it upon my lor!, and, in a man crec, it would be merely illusory; he estilit, a ver, plainly gires my lord the lye. And lear new bill to discover what charge, and in what ing that my lord båd satisfied bis majesty in sort, Fisher had charged the line with mcuina this case; he saith in his Book, that he ibai did brances. And Mr. Wraynham finding the line it unjustly, qust, to maintain is, speak untruly, cumbrances greater, tipovi the reference of the adding fals'ou to my lord's injustice; saying lord chancellor to the master of the rolls, a in bis Book, it is given ont my lord hath begged bargain was mediated between thein, that Fisher Wraynham's pardon: whicli, though it be the should but the li ase in ques:101, and Wraine shew of a gentle heart, yet ar ucs a guilty con ham should have after the rule of twelve years science, and is but my lori/'s cunuing to avoid purchase; and to this boili n-sented; so that the learing of the cause. And as if my lorii your lordships gee that ihe nist decree was not should know his own disease to be foul, and cancelled loy my Lord Chancellor, but discharged were unwilling to have it searched or di:c vered; by himself; för by the decree he might have he charges my lord with shitis, and tells him had the lease ; but he contented himself with that ie hath palliated oppression with greatne-s, twelve years purchase. - wit and eloquence; and that the height of an Alter this, che question grew upon the value, thority makes men preslíme, And to make which being referred to the last Master of the th's yet more sharp, le urgeth, that my lord, to Polis, how the value was at first, before the immaintain this, useth secret means, whereby ibe provement, wben it was in lease'lu one flarply, unboundness of his actions may not be seen, and there, upoo prouf and oail of divers wika
nesses, the Master of the Rolls returned and cause he was tyed to a dry rent; and finding cerutied the constant produce of the lease to be that Wraynham was bitter willing nor able to worth 2001. by the year; whereupon Wrayn- | return them 01. with damages untu Fisher, my ham was to bave it at twelve yeais purouane, | Loodt-Chancellor thougiit fit to establish the amounting to. 2.4011. Mr. Wraynan seeing bargain, according to the first certificate of the the land was inach improved by a detence made manier of the roi, opon Oaths; because the last against the sea and other means, whereby the certiticate without oath, was not so equal in the nature of the land was altered, and the prutit balance of justice, as that with oath, certified much raised, moves the Lord Chaucellor not to by the inaster of the rolls, upon the examination rocede from the bargain, but seith, that the oi divers witnesses. value returned was not the true value, for the Row, 11 y good lords, if this case stands thus, land was worth 1001 by the year, and yet es what injusiice is there coinmi'ted? What uncepts by reramer in his hands, 2000 marks sotuines is there in disis action! or, wbat which he oned to Fisher, 1,0061. odd money; cause is there for my Lord Chancelior to hide whereby now Mr. Wraynbain had received his biaselt, that this gentleman should in this case 2,4001. in his purse. And when he saw him-i declain against him this day? If it were, my sell thus fleeced, having received 2,1001. for lords, to make my Lord-Chancellor, for fear, that which cost but 2001, now he stirs up new to take off his hand; he will let the world know suits, and moves the Lord Chancellor by a com be is more constant and courageous in the points mission to refer the value to two hnights that of justice, thun that which he did so justly, so had been farmers to the land, that they miglic Wightly to revske. And if it were to this end, certify the true value: the one, sir L'Estrange to make my Lord-Chancellor to dispute wild Mordaunt, who certifies the value 3131. vearly; Vir. Wruynba; I am to let you know from his and the other, oir llenry Spillman, chimici che majesty, that he will not let him forego, nor forvalue to be 3611. yearly; and my Lord Chan- get his place, so much as to enter into debate cellor strikes between them, and makes it 3 101. with Mr. Wrayuham, knowing that it were not So here is a difference of values, the first of fit for him to stand to wrestle or wrangle with 2001. upon oath yearly, and this at 3101. yearly, Mr. Wraynham, but rather to despise so mean without oath. The tirst value is at the time of an adversary. Harply's lease, the second is at the time of the My lords, you knov, that wise and just men commission granted; and after improvement of may walk the same way, though not the same which, your lord-bijis nell know in your wis passage; there are divers courses and divers dom, the ditterence between land barren, and ways to the same end, justice: for justice sake, improved in value. The last Lord Chancellor, they are both to be honoured, neither to be according to the amounting value of 3 101. a blamed. For, my lords, it judges should be year, annexed the increase to Wraynham's bar- traduced as unjust, because they differ in opigain, and that he should have it, as if the lands nion, they should have thanhless offices. Juswere worti 3401. per ann. So that now, the tice is the barmony of heaven, but · Lingua 2,1001. in his pure, had been worth 1,6807. an detractionis est lancea triplex." Though this nexed above 4,0001. Mr. Fister finding this gentleman bath sweat hard to scoff and dare so annexed to the bargain, and that he should be high a judge, yet the razor of his tongue cannot pressed to pay the surplusage, and that he had charge him that any thing came beiween God choice either to pay the monev, or to part with and his own conscience, but the merits of the the lease; Fister moved the court, that he cause; though it be certainly true, whilst a man might give up the lease, and desires his first carries this ilesh about him, bis judgnvent, and 2,000 marks with damages, which Wraynham ficulties will be in perfect. Yet, my lords, I assented to, so that he might have defalcation know that my lord is the branch of such a tree, of that which Fisher had received of the profits who, though he blossom'd last, yet took more of ihe land. I'pon this, upon consent of par- sap from the root than any of the rest : the son ties, it was again decreed (and this is the second living in the memory of so worthy a father, the Decree, which Wraynham so much triumphs father living in the memory of so virtuous a sou, upon, not being an absolute and positive De- who may say, as Agesilaus once said to his cree, but qualitied with this): 1. That Wrayn- father, ' I obey you in juuging nothing contrary ham should pay the 2,4001. with damages to to law.' Fisher : and 2, That Wraynham should have I am glad this gentleman is so naked of exdefalcation of such profits as Mr. Fisher had cuse, yet heartily sorry his defamation is so received out of the land.
foul, as to draw such a smart of punishment as Mr. Wraynham strives with this second De- this will be upon him; and here if necessity cree, being willing to have the value of the land, (the true defender of man's wickedness) should not according as Fisher had received, but what step in, I answer, Though necessity break be miglst have recovered.
throvgh all laws, yet flying into the face of jusNow my Lord-Chancellor finding the case tice, it must be broken by justice; else no subthus standing, thought it no injustice against ject can be safe, nor no court keep itself from Wraynhan's own offer, not that Fisher should intuny. lose bis dainages, having forborn 24001. ten It is well, my lord, that this fault falls out years, nor that Wraynhamn should be allowed but seldom; for being exorbitant when it bapmore defalcation thai Fisher could receive, bc- pens, it cannot but be foul. It is a pernicious
in the example; for by this, when slanders are pre 'a cloudy mist may rise to hide the verity of
sented instead of complaints, that is but to set your princely juugment. I could never see divisions between the king and his great magis by what reasons or words bis lordship hath
trates, to discourage judges, and vility justice in coloured bis dealings to excuse himself unto 2: the sight and months of all the people. There your majesty, understanding only a piece, and 12 fore I beseech your lordships to pardon me, if not the whole from your majesty. This must 44. I be too long, and suffer me to shew your lord move me most bumbly w beseech your madin 23 ships what this court, in like cases, hath done. "jesty to save my wile and children; and out
In the second year of his majesty's reign, of your princely justice to appoint a day of wheni sir Edward Coke, according to his place, hearing, whereby there shall appear
your informed against Foorth in this court, ore tenus, majesty, as well the sincerity of my attirmade for petitioning his majesty against the last Lord tivas, as the unsoundness of his lordship's Chancellor, for granting an injunction for stay
" actions. For I never sought corners, but ing of a suit at the common law, (which your openly, and sometimes in my lord's presence, alii lordships know how necessary it is) be being
have notified and complained of my wrongs, convicted upon his own confession, received and desire a public hearing before your masi sha p censure.
I will conclude with this one, jesty, which the greatest subject dares not do and I shall desire your lords hips, in this place,
without truth and justice.' to hear it read; and then do humbly beseech And in another place, Wraynham saith, your lordships to hear the gentleman at the bar, My lord eliancellor proves nothing by record, either for his detence, or excuse.
nor delivers any thing by writing, to answer Then Wrayuham's Examinations were read the things objected against him; but would in this Book and Epistle,
• bide himself from the eyes of your majesty's - Then he was charged with these words fol-justice.' lowing, in the end of his Epistle to his majesty : His majesty saith, though he receive peti• Ile that judgeth unjustly, inust, to maintain tions from his subjects against bis highest jus
it, speak untruly; and the height of authority tices; yet he will have his judges know, ihat maketh men to presume.' Also, in shewing of they are subject to his account only, and to his majesty reasons why the Master of the Rolls none else upon earth. His majesty received was faulty, he said, 1. The master of the rolls this petition on Good-Friday last, in which this had omitted many of his material proofs. 2. gentleman hath so far exceeded the measure He shitied off other some. 3. That he soine of an humble complaint, that I must appeal to times wrested the equity of his cause. 4. That your lordships against him. he did falsely cite Fisher's proofs. 5. That he Then was Foorth's precedent read, bearing grounded the report upon the deposition of date 14th Nov, termino Micb 2 Jac. 1. And witnesses that swore absurdities, untruths, and likewise Foortli's iwo last Petitions against my mere impossibilities. And, lastly, as if the re-lord-chancellor, touching which relerence is port
had been condemned and damned before had. And the lords asked Mr. Wray.bam to the pit of hell, he said it was raised as ab what he could say for hinself. inferno.
Mr. Wraynham. Right honourable, and my In bis Epistle to his majesty, he is charged very good lords; from a man so perplexed with with these words: “I understand my Lord so many miseries, what can be expected ? and Chancellor hath begged my pardon: it is out what marvel, if I should fauiter, or night let
wardly the slew of a great heart, but inwardly fall any speech that might seem uncomely? My 'it vurgueth a guilty conscience; otherwise, if lords, I know not how to belave in yself, I will • first I had been found guilty, and his lordship not willingly oitend any, but especially the • should then have interceded with his majesty king's most excellent majesty; yet nature
for me, it had been an argument of an indul- commands me to defend myself, for it cannot gent nature; but to beg pardon where there be thought he can be faithful to anotlier, that is no need, was manifestly done to avoid an is not so to himself. And therefore I lumbly
hearing, and not in pity towards me; for he desire that what I offer in extenuation, or de* that despoils me of my goods, I will not trust fence, that neither the meanest that hear it,
bim with my person. And therefore, far be nor your lordships, which are to julge of it, ' it from me to hope, or trust in his goodness: I would take it otiensively. My Book consisteth • disclaim his favour, and infinitely deplore the of three parts. 1. An Epistle to his majesty. judgment of bis majesty.'
2. The body of the book, which relateth the And in the conclusion of his Epistle were truth of all the proceedings. And, 3. a concluthese words : “ I desire to suffer at your gates, sive Speech in the nature of an epilogue. • if I shall dare to slander so great and eminent Touching the body of the Books, and the ' a judge, unto so great and wise a king. If he truth of the cause, I conceive it pot now called “should not desire to reward the Fishers for in question, for I think your lordships will not * their fraud and perjuries, I know not why he enter into the particulars; but because it hath • should have racked all out of joint. My lord, pleased Mr. Attorney to speak something of it,
with this his last cunning and rhetorick, hath | I will not be silent. My accusations, my lords, 'palliated his unjust proceedings against me; are set forth in two things : 1, that the com' for my lord's gesture and pronunciation in his plaint is of the right-hon. the lord-chancellor, speech is wanting in my writing, out of which 2. That it is in bitter and unreverend terms.-