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that it is wisdom in princes, and it is a watch | fact which is open, and the intent which is they owe to themselves and to their people, to This fact of conspiring in the flight of stop the beginnings of evils, and not to despise this lady may bear a hard and gentler conthem. Seneca saith well, non jam amplius struction; if npon overmuch affection to your • levia sunt pericula, si levia videantar;' dan kinswoman, gentler; if upon practice or other gers cease to be light, because by despising they end, harder. You must take heed how you grow and gather strength.

enter into such actions ; whereof if the hidden And accordingly hath been the practice both part be drawn unto that which is

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may of the wisest and stoutest princes to hold for be your overthrow ; which I speak not by way matter pregnant of peril, to have any near them of charge, but by way of caution. in blood to fly into foreign parts." Wherein I For that which you are prope: ly charged will not wander; but take the example of king with, you must know that all sabjecis, without Henry the seventh, a prince not unfit to be pia distinction of degrees, owe to the king tribute ralleled with bis majesty. I mean not the and service, not only of their deed and hand, particular of Perkin Warbeck, for be was but but of their knowledge and discovery. If there an idol or a disguise ; but the example I mean, be any thing that imports the king's service, is that of the earl of Suffolk, whom the king they ought themselves undemanded to impart extorted from Philip of Austria. The story it; much more it:bey be called and examined, is memorable, that Philip, after the death of whether it be of their own fact or of another's, Isabella, coming to take possession of his kings they ought to make direct answer. Neither dom of Castile, which was but matrimonial to was there ever any subject brought in causes of his father-in-law Ferdinando of Aragon, was estate to trial judicial, but first he passed exa cast by weather upon the coast of Weymouth, nination ; for examination is the entrance of where the Italian story saith, king Henry used justice in criminal causes; it is one of the eyes him in all things else as a prince, but in one of the king's politic body; there are but two, thing as a prisoner; for he forced upon him a ioforination and examination; it may not be promise to restore the earl of Suffolk that was endured that one of the lights be put out by fled into Flanders. And yet this I note was in your example. the 21st year of his reign, when the king had a Your excuses are not worthy your own judggoodly prince at man's estate, besides his ment; rash vows of lawful things are to be daughters, nay, and the whole line of Clarence kept, but unlawful vows not ; your own divines nearer in title; for that earl of Suffolk was de- will tell you so. For your exa:nples, they are scended of a sister of Edward the fourth. So

some erroneous traditions. My lord of Pennfar off did that king take his aimn. To this ac- broke spake somewhat that he was unlettered, tion of so deep consequence, it appeareth, you, and it was but when he was examined by one my lady of Shrewsbury, were privy, not upon private counsellor, to whom he took exception. foreign suspicions or strained inferences, but That of my lord Lumley is a fiction; the preupon vehement presumptions, now clear and eminences of nobility I wonlil hold with to the particular testimony, as hath bech opened to last grain ; but every day's experience is to you ; so as the king had not only reason to ex- the contrary. Nay, you may learn dury of amine you upon it, but to have proceeded with lady Arabella herselt, a lady of the blood, of you upon it as for a great contempt; which if an higher rank than yourselt, who declining, it be reserved for the present, your ladyship and yet ihrt but by request neither, to declare is to understand it ariglit, that it is not defect of your fact, yieldeth ingenuously' to be exaof proof, but abundance of grace that is the mined of her own. I do not doubt but by this cause of this proceeding; and your ladyship time you see both your own error, and the shall do well to see into what danger you have king's grace in proceeding with you in this brought yourself. All offences consist of the

manner.

95. Case of Mr. WILLIAM TALBOT, Hilary-Term, on an Informa

tion ore tenus, for maintaining a Power in the Pope to depose

and kill Kings : 11 JAMES I. A. D. 1613. [" In lord Bacon's Works there is a Speech by presume, that it was given on being examin

him as Attorney-General and prosecutor in ed before the Privy-Council; though that this Case. 2 Bac. last 410 ed. 577. Accord circumstance is not expressly stated by lord ing to the title of the Speech, the cause of Bacon. What the Judgment of the Starthe prosecution appears to have been this. Chamber was, we do not fiud noticed." Mr. Talbot, who was a counsellor at law of Hargrave.] Ireland, being asked, whether the doctrine of Suarez in respect to the deposing and kill Speech of Sir Frances Bacon, Attorney-Geneing of kings excommunicated was true or

ral, the last day of Hilary-Term, 11 Jam. 1. not, answered, that he submitted his opinion | My Lords ; I brought before you the first to the judgment of the Roman Catholic | sitting of this term the cause of Duels. But church. This answer he subscribed, and we now this last sitting I shall bring before you

a cause concerning the greatest Duel which , tinction, will also make the case. This peril, is in the Christian world, the duel and conflict Though it be in itself notorious, yet because between the lawful authority of sovereign kings, there is a kind of dullness, and almost a lethargy which is God's ordinance for the comfort of in this age, give me leave to set before you two human society, and the swelling pride and glasses, such as certainly the like never met in usurpation of the see of Rome in temporalibus, one age; the glass of France and the glass of tending altogether to anarchy and confusion, England. In that of France the tragedies acted Wherein if this pretence in the pope of Rome, and executed in two immediate kings; in the by cartels to make sovereign princes as the ban- glass of England, the same, or more horrible, ditti, and to proscribe their lives, and to expose attempted likewise in a queen and king iintheir kingdoins to prey; if these pretences, 1 mediate, but ending in a happy deliverance. say, and all persons that submit themselves to In France, llenry 3, in the face of bis army, that part of the pope's power in the least before the walls of Paris, stabbed by a wretched degree, be not by all possible severity repressed Jacobine frier. Henry 4, a prince that the and punished, the state of Christian kings will French do surname the Great, one that bad be no other than the ancient torment described | been a saviour and redeemer of his country by the poets in the hell of the heathen; a man from infinite calamities, and a restorer of that sitting richly robed, solemnly attended, delici- monarchy to the ancient state and splendor, and ous fare, &c. with a sword hanging over his a prince almost heroical, except it be in the head, hanging by a small thread, ready every point of revolt from religion, at a time when he moment to be cut down by au accursing and was as it were to mount on horseback for the accursed hand. Surely I had thought they had commanding of the greatest forces that of long been the prerogatives of God alone, and of bis time bad been levied in France, this king like secret judgments: 'solvam cingula regum, I wise stillettoed by a rascal votary, which had will loosen tbe girdles of kings;' or again,' he beeo enchanted and conjured for the purpose. poureth contempt upon princes;' or, • I will In England, queen Elizabeth, of Wessed give a king in my wrath and take him away memory, a queen comparable and to be ranked again in my displeasure:' and the like. But if with the greatest kings, ofientimes attempted these be the claims of a mortal man, certainly by like votaries, Somerville, Parry, Savage, and they are but the mysteries of that person, which others, but still protected by the Watchman that • exalts himself above all that is called God,' slumbereth not. Again, our excellent sovereign

supra omne quod dicitur Deus.' Note it well, king James, the sweetness and clemency of not above God, though that in a sense be true, whose nature were enough to quench and morbut abore all that is called God;' that is, tify all malignity, and a king shielded and suplawful kings and magistrates.

ported by po:terity; yet this king in the chair But, my lords, in this duel I find this Talbot, ot majesty, has vine and olive branches about that is now before you, but a coward; for he him, attended by his nobles and third estate in hath given ground, he hath gonc backward and parliament; ready in the twinkling of an eye, forward; but in such a fashion, and with such as if it had been a particular doomsday, to have interchange of repenting and relapsing, as I been brought to ashes, dispersed to the four cannot tell whether it doth extenuate or ag winds. I noted the last day my lord chief jusgravate bis offence. If he shall more publicly tice, when he spoke of this Powder Treason, he in the face of the court fall and settle upon a laboured for words; though they came from right inind, I shall be glad of it; and he that him with great efficacy, yet he truly confessed, would be against the king's mercy, I would he and so must all men, that that treason is above might need the king's mercy: but nevertheless the charge and report of any words whatsoever. the court will proceed by rules of justice. The Now, my lords, I cannot let pass, but in these offence, therefore, wherewith I charye this glasses which I speak of, besides the facts themTalbot, prisoner at the bar, is this in brief and selves and danger, to shew you two things : the in effect : that he hath maintained and main-one, the ways of God Almighty, which turneth taineth under his land a power in the pope for the sword of Rome upon the kings that are the the deposing and ouurdering of kings. In what vassals of Rome, and over them gives it power; sort he doth this, when I come to the proper but protecteth those kings, which have not acand particular charge, I will deliver it in his cepted the yoke of his tyranny, from the effects own words without pressing or straining. of his malice: the other, tbat, as I said at first,

But before I come to the particular charge this is a common cause of princes: it involveth of this man, I cannot proceed so coldly; but I kings of both religions; and therefore his mamust express unto your lordships the extreme jesty did most worthily and prudently ring out and imminent danger wherein our dear and the alarm-bell, to awake all other princes to dread sovereign is, and in him we all, nay, all think of it seriously and in time. But this is a prinoes of both religions, for it is a common miserable case the while, that these Roman cause, do stand at this day, by the spreading soldiers do either thrust the spear into the sides and inforcing of this furious and pernicious of God's anointed, or at least they crown them opinion of the pope's temporal power; which with thorns; that is, piercing and pricking though the modest sort would blanch with the cares and fears, that they can never be quiet or distinction of in ordine ad spiritualia, yet that secure of their lives or states. And as this is but an illusion; for he that maketh the disa peril is common to princes of both religions, so

princes of both religions have been likewise temporal nature: forasmuch as a tyrannical goequally sensible of every injury that touched vernment tendeth ever to the destruction of their teniporals.

souls. So by this position, kings of either reThuanus reports in his story, that when the ligion are alike comprehended, and none exrealın of France was interdicted by the violent empted. The second, that after a sentence proceedings of pope Julius the second, the king, given by the pope, this writer bath defined of a otherwise noted for a moderare prince, caused series, or succession, or substitution of hangmen, coins of gold to be stamped with his own image, or bourreaux, to be sure, lest an executioner and this superscription, perdam nomen Baby should fail. For he saith, that when a king is • lovis è terra.' Of which Thuanus saith, bini- sentenced by the pope to deprivation or death, self had seen divers pieces thereof. So as this the executioner who is first in place is he to catholic king was so much incensed at that time whom the pope shall cominit ihe authority, in respect of the pope's usurpation, as he did which may be a foreign prince, it may be a parapply Babylon to Rome. Charles the 5th, em- ticular subject, it may be general; to the first perur, who was accounted one of the pope's best undertaker. But if there be no direction or sons, yet proceeded in matter temporal towards assignation in the sentence special nor general, pope Clement with strange rigour; never re- then, de jure, it appertains to the next sucgarding the pontificality, but kept him prisoner cessor, a natural and pious opinion; for comthirteen months in a pestilent prison; and was only they are sons, or brothers, or near of hardly dissuaded by his council from having kin, all is one, so as the successor be apparent; sent him captive into Spain; and made sport and also that he be a catholic. But it he be with the threats of Frosberg the German, who doubtful, or that he be no catholic, then it dewore a silk rohe under his cassock, which he volves to the commonalty of the kingdom; so would shew in all companies; telling them that as he will be sure to have it done by one mihe carried it to strangle the pope with his own nister or other. The third is, he distinguisheth hands. As for Philip the fair, it is the ordi- of two kinds of tyrants, a tyrant in title, and a nary example, how he brought pope Bonifice tyrant in regiment; the tyrant in regiment canthe 8th to an ignominious end, dying mad and not be resisted or killed without a sentence enraged; and how he stiled his rescript to the precedent by the pope ; but a tyrant in title pope's bull, whereby be challenged his tempo- may be killed by any private man whatsoever. sals, sciat satuitas vestra, not your beatitude, By which doctrine he hath put the judginent of but your stultitude; a stile worthy to be con- kings titles, which I will undertake are never so unued in the like cases; for certainly that clean but that some vain quarrel or exception claim is mere folly and fury. As for native ex may be made unto them, upon the fancy o. amples here, it is too long a field to enter into every private man; and also couples the judge thein. Never kings of any nation kept the ment and execution together, that he may judge parution-wall between temporal and spiritual him by a blow, without any other sentence. better in times of greatest superstition. I re Your lordships see what inonstrous opinions port me to king Edw. 1, thut set up so many these are, and how both these beasts, the beast crosses, and yet crossed that part of the pope's with seven heads, and the beast with many jurisdiction, no man inore strongly. But these heads, pope and people, are at once let in, and things have passed better pens and speeches: set upon the sacred persons of kings. here I end them.

Now to go on with the narrative. There But now to come to the particular charge of was an extract made of certain sentences and this inan, I must inform your lordships the occa- portions of this book, being of this nature that sion and nature of this ofience. There hath I have set forth, by a great prelate and coun. been published lately to the world a work of sellor, upon a just occasion ; and there being Suarez a lortuguese, a professor in the univer- some hollowness and hesitation in these matters, sity of Coimbra, a confident and daring writer, wherein it is a thing impious to doubt, discovered such an one as Tully describes in derision; and perceived in Talbot, he was asked his opinihil tam verens, quam ne dulritare aliqua de nion concerning these assertions, in the presence re videretur:' one that fears nothing but this, of the best: and afterwards they were delivered lest he would seem to doubt of any thing. A to him, that upon advice and sedato animo, be fellow that thinks with his magistrality and might declare himself. Whereupon, under his goose-quill to give laws and menages to crowns hand, he subscribes thus; and scepires. In this man's writing, this doc May it please your honourable good lordtrine of deposing or murdering kings seems to ships: concerning this doctrine of Suarez, I do come to a higher elevation than heretofore; perceive, by what I have read in this book, and it is more arted and positired than in others. • thai the same doth concern matter of faith, For in the passages which your lordships shall the controversy growing upon exposition of hear read anon, I find three assertions which scriptures and councils, wherein, being ignorun not in the vulgar track, but are such as 'rani and not studied, I cannot take upon me wherewith mens ears, as I suppose, are not to judge; but I do submit my opinion therein much acquainted. Whereof the first is, that to the judgment of the catholic Roman church, the popo hath a superiority over kings, as sub-1' as in all other points concerning faith I do. jects, to depuse them; not only for spiritual · And for matter concerning my loyalty, I do crim as heresy and sch but for faults of a acknowledge my sovereign liege lord king

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• James, to be lawful and undoubted king of all, this: there may be some difference to the guilt

the kingdoms of England, Scotland, and Ire of the party, but there is little to the danger of land; and I will bear true faith and allegiance the king. For the same pope of Rome may, to his highness during my life.

with the same breath, declare both. So as WILLIAM TALBOT.' still, upon the matter, the king is made but

tenant at will of his life and kingdoms, and the My lords, upon these words I conceive Tal- allegiance of his subjects is pinned upon the bot hath committed a great offence, and such a pope's acts. And certainly it is time to stop one, as if he had entered into a voluntary and the current of this opinion of acknowledgment malicious publication of the like writing, it of the pope's power in temporalibus ; or else it would have been too great an offence for the will sap and supplant the seat of kings. And capacity of this court. But because it grew by let it not be mistaken, that Mr, Talbot's offence a question asked by a council of estate, and so should be no more than the refusing the oath rather seemeth, in a favourable construction, to of allegiance. For it is one thing to be silent, proceed from a kind of submission to answer, and another thing to affirm. As for the point than from any malicious or insolent will; it was of matter of faith, or not of faith, to tell your fit, according to the clemency of these times, to lordships plain, it would astonish a man to see proceed in this manner before your lordships. the gulph of this implied belief. Is nothing And yet let the hearers take these things right;, excepted from it? If a man should ask Mr. for certainly, if a man be required by the coun Talbot whether he do condemn murder, or cil to deliver his opinion whether King James adultery, or rape, or the doctrine of Mahumet, he king or no; and he deliver his opinion that or of Arius, instead of Suarez; must the anhe is not, this is high treason. But I do not swer be with this exception, that if the question say that these words amount to that; and there concern matter of faith, as no question it doth, fore let me open them truly to your lordships, for the moral law is matter of faith, that therein and therein open also the understanding of che he will submit himseli to what the church shall ofiender hinseit, how far they reach.

deterinine? And, no doubt, the murder of My lords, a man's allegiance must be inde princes is more than simple murder. But to pendent and certain, and not dependent and conclude, Talbot, I will do you this right, and I conditional. Elizabeth Barton, that was called will not be reserved in this, but to declare that the holy maid of Kent, aihirmed, that if king that is true; that you came afterwards to a betHenry 3, did not take Catharine of Spain again ter mind; wherein, if you had been constant, to his wife within a twelvemonth, he should be the king, out of his great goodness, was resolved no king: and this was treason. For though

not to have proceeded with you in course of this act be contingent and future, yet the pre- justice : but then again you started aside like a paring of the treason is present.--And in like broken bow. So that by your variety and manner, if a man should voluntarily publish or vacillation

you lost the acceptable time of the inaintain, that whensoever a bull of deprivation first grace, which was not to have convented shall come forth against the king, that from you. thenceforth he is no longer king; this is of like Nay, I will go farther with you. Your last . nature. But with this I do not charge you

subinission I conceive to be satisfactory and neither; but this is the true latitude of vour complete. But then it was too late; the king's words, that if the doctrine touching the killing honour was upon it; it was published and a day wt kings be matter of faith, then you submit appointed for bearing. Yet wbat preparation yourself to the judgment of the catholic Roman that may be to the second grace of pardon, that church : so as now, to do you right, your alle-I know not : but I know iny lords, out of their giance doth not depend simply upon a sentence accustomed favour, will admit you not only to of the pope's deprivation against the king; but your defence concerning that that hath been upon another point also, it these of doctrines charged; but to extenuate your fault by any be already, or shall be declared to be matter submission that now God shall put into your of faith. “But, my lords, there is little won in mind io make.

96. Proceedings between the Lady FRANCES HOWARD), Countess of

Essex, and ROBERT Earl of Essex, her Husband, before the King's Delegates, in a Cause of Divorce: '11 JAMES I. A. D. 1613* 13 Kennet's Hist. of England, 686, 692. I Bacon's

Works, 78.] UPON the Petition of Frances countess of bert had fully attained the age of 18 years, as Essex, complaining that the Earl her Husband time and place did serve, after the fashion of was incapable of consummatiog their Marriage, other married folks, the said France Iloward and praying a Commission to examine, if her in hope of lawful issue, and desirous to be made Complaint was well founded; the king granted a mother, lived together with the said Robert her request, and appointed the following per- at bed and board, and lay both naked and sons Commissioners: George archbishop of alone in the same bed, as married folks use : Canterbury, Jobu bishop of London, Lancelot and desirous to be made a mother, from time bishop of Ely, Richard bishop of Litchfield and to time, again and again yielded herself to his Coventry, Jobo bishop of Rochester, sir Julius power, and as much as lay in her offered herCæsar, LL.D. sir Thomas Parry, LL.D. sir self and her body to be known ; and earnestly Daniel Donne, LL.D. sir John Bennet, LL.1). desired conjunction anii copulation. V. And Dr. Fraucis James, and Dr. Thomas Edwards, also the said Earl, in the same time very often, The Libil contained the following Allegations: with his lantul wife, which she refused not,

again and again, did try to have copulation, as I. That she, at the time of the Marriage, was but used the best nieans she could : notwith13 years old, and is at this time 22 or 13. II. standing all this, the said Earl could never carThat she and Robert Earl of Essex were mar- nally know her, nor have that copulation in ried by publick rites and ceremonies of the any sort which ihe married bed alloweth. VI. church in January 1603. III. That the afore- Yet before the said pretended Marriage, and said Robert, at the time of the pretended Mar- since, the said Earl bath had, and hath power riage, was about 14. and is about 22 or 23 at and ability of body to deal with other wonen, this time; and ever since, and at this present, and to know them carnally, and sometimes is a man (as far forth as a nian may judge), and have felt the motion and pricks of the flesh hath been in good health, and perfect estate of carnally, and tending to carnal copulation, as body, nor any way hindered by any ague or he saith and believeth; and peradventure, by sickness, but that he might have carnal copu- a perpetual and natural inpediment hath heen lation with a woman. IV. That since the pre- hindered all the former time, and is at this tended Marriage, at least by the space of whole present, that he can have no copulation with and continuate three years after the said Ro- the said lady Frances. VII. Furthermore, the

* Sir Anthony Weldon's “ Court and Cha- first marriage must this second take place; mány racter of K. James," after narrating the murder meetings of the bishops, and the prime civi. of Overbury, introduces, p. 76, Lady Essex's lians, in which there wanted no bribes from the Divorce ilius: “Now was all, as they believed, lord, lady, and their friends, to have this nullity quiet and in the depth of security, and the earl brought to pass, wherein the discourse would of Somerset and countess of Essex began to have beiter beitted the mouths of bawds and carry their loves more openly and impudently, rutions tiian the grave divines, among them so that the world did ialk" very loudly and bishop Neale, then bishop of Rochester, a broadly of this adulterous 1 eeting; it must creature and favorite of the house of Suffolk, from that ground proceed to an adulterous took up a learned discourse in the science of marriage, as well to the wronging a young no- bawdry, how many degrees in that science bleman, as to the dishonour and shame of them- must produce a nullity, wherein were so many selves. But they must needs go the devil beastly expressions as, for modesty sake, I will

drives,' yet know not how handsomely to not recite them, being offensive to my very effect this, but by making the king a party in thoughts and memory.

Aristotle's problems this bawdy business, which was no hard matter was a modest discourse to bis, and he appeared to effect, for the king's eye began to wander to be better studied in that than in divinity; after a new favorite, being satiated with the and to wind up his learned discourse, conold, therefore for the bringing this bawdry to a cluded all those met in this lord and lady. marriage, the bishops must be principal actors, The archbishop of Canterbury, Abbot, to his (as I know not in what bad action they would everlasting fame, mainly opposed all the pronot be lookers on); and the bishop of Win- ceedings, and protested against them, for which chester, an excellent civilian and a very great be ever after lived in disgrace, excluded from scholar, njust be the principal, for which his the council table, and died in the disgrace of son was knighted, and will never lose that title the king on earth; though in favour with the of sir Nullity Bilson, For by a nullity of the King of kings.” VOL. III

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