The DEPOSITION of Anne Jaconim, one of the domestick servants of lady Frances; aged about 24 years.

together; as likewise she did at lady Frances's lodging at White ball: That perceiving them in bed together, this deponent stept back, but the lady Katherine Howard her sister being there, called the deponent in, and then lady Frances Hath known the parties in difference between stept out of her bed, and left the earl there: three and four years.-To the 4th Art. That That this was on St. Valentine's-day, for that for all such time she hath attended on lady lady Katharine told the earl, that there was a Frances as her chamber-maid, and that all Valentine for him. Cannot depose further, along until within these 12 months last, the earl saving that when this deponent was at Hamp hath cohabited at bed and board with the said ton-court, as is before inentioned, after the lady Frances at White-ball, Chartley, Tilt-yard, earl and lady Frances were risen, the lady mis- and other places: Hath often seen them lie sing a pendant ruby-that usually hung at the together naked in one and the same bed, and ! ring in her ear, desired this deponent to look at Salisbury-house in the Strand, since Christfor it in the bed. That thereupon she and the anas last. lady's chamber-maid turned down the bedcloaths, and there they saw the places where the earl and lady had lain, but that there was such a distance between the two places, and such a hill between them, that this deponent is persuaded they did not touch one another that night.

Her Examination on the other Side.

To the 1st Art. Hath already spoken 2d. Art Answers negatively.-3d Art. That she favours both parties equally, converses most with the plaintiff, but would have right take place in the decision of the cause, if in her power.-4th Art. Speaks negatively.-5th Art. Came at the request of lady Frances, but no ways compelled.-6th Art. Refers herself to her former deposition.-7th and 8th Art. Do not concern her to answer.

The DEPOSITION of Catherine Dandenell, one of the lady Frances's domestick servants; aged about 16 years.

Hath known the lady Frances about four years, and the earl for about three.-To the 4th Art. That about this time three years, lady Frances went to the lord chamberlain, her father's at Awdley-end in Essex, and remained there all that summer, whither the carl came to her and staid sometimes a week, sometimes a fortnight, and they conversed together as man and wife, and lay together many nights, to this deponent's knowledge, who had sten them so over night, and had found them together in naked bed in the morning; as she likewise hath, at the earl's house at Chartley; and at the lady Walsingham's at the Tilt-yard; and the countess of Leicester's at Drayton; and at Salisbury-house, and Durham-house.

Her Examination to the Interrogatorics on the

other Side.

To the 1st Art. Hath already spoke.-2d Art. Answers negatively.—3d Art. Most favoureth the lady Frances, and is most in her company, and wisheth the victory to go where the right is.-4th Art. Answers negatively. 5th Art. That she comes at the plaintiff's request, no ways compelled.-6th Art. Refers herself to her former deposition.-7th and 8th Art. Do not concern her to answer.

In her examination on the opposite side, deposeth as the last witness did.

The DEPOSITION of Thomas Bamforde, yeoman; aged about 40 years.

Hath known the lady Francis by sight about five years, and the earl by sight about three years. To the 1st, 2d and 3d Art. Cannot depose.-4th Art. Deposeth, That in 1611, about the latter end of the summer, the earl of Essex and lady Frances were at the lady Corbett's house in Derbyshire, whom the deponent then did and still doth serve; that they continued there about a week, and dined or supped together in the said house, and lay together in one and the same naked bed, as it was coinmonly thought amongst the servants of the said house.

His Fxamination on the other Side.

To the 1st Art. Hath already spoken. 2d favours both sides equally, converses with neiArt. Answers negatively. 3d Art. That he go according as the equity of the cause rether, and wisheth the victory in this suit may quireth. 4th Art. Answers negatively. 5th

Art

ways compelled. 6th Art. Refers himself to
Came on request of lady Frances, no
concerned to answer.
his former deposition. 7th and 8th Art. Not

The DEPOSITION of George Powell, gent. aged
about 36 years.

three years. To the 1st, 2d and 3d Art. CanHath known the parties in difference about the earl and lady Frances from May 1609, to not depose. 4th Art. Says, That he served this time, and still doth attend on lady Frances. During all which time they did cohabit and keep company together as man and wife, sometimes attending the king and queen, at Kensington, at Whitehall, Greenwich, and in their progress all the summer 1611 at Chartley, at Durhamhouse, Awdley-end, and other places. That their cohabitation together continued till the end of the year 1612, and that it was commonly reported amongst the servants of the house, that they did he together in one and the same naked bed. That this deponent hath from time together; and that he hath come to their to time seen their servants put them to bed chamber to know their commands, and it was

told him that they were in bed together. That | Art. Answers negatively. 3d Art. That touchin June or July 1609, this deponent being calleding this suit, he favoureth the parties alike, is into their lodging-chamber at Greenwich in a morning, saw them in naked bed together.

Ilis Examination on the other Side.

1

To the 1st Art. Hath spoken already. 2d Art. Answers negatively. 3d Art. Favours both parties equally, is most conversant with lady Frances, his employment being to wait on her, and wishes that right may take place. 4th Art. Answers negatively: 5th Art. Comes on request of lady Frances to give his testimony, and no ways compelled thereto. 6th Art. Refers to his former deposition. 7th and 8th Art. Concern not this deponent to answer. The DEPOSITION of William Power, of Lon

most in company with the plaintiff; and if it were in him, he would bestow the victory where the most right is. 4th Art. Answers ǹegatively. 5th Art. Answers, He was desired ' by sir Wm. Button, on the plaintiff's behalf, to come and testify in this cause, and is not compelled. 6th Art. Refers to his former deposi7th and 8th Art. Not concerned to an

tion.

swer.

The DEPOSITION of the right hon. Thomas, earl of Suffolk, Lord High Chamberlain of the Houshold, taken the 10th of June, 1613, aged about 57 years.

To 1st Art. Says, It is true, for he was predon, merchant; aged near 60 years. sent at the solemnization of the pretended marriage. 2d Art. That lady Frances was Hath known lady Frances about ten years, above 13 years of age at the time of the said and the carl of Essex for about seven. To the marriage, and is now above 22 years old. 3d 1st Art. Says, The earl and lady Frances were Art. That at the time of the marriage the earl in Christmas time, other seven years since last was above 14 years of age, as the deponent Christmas, or seven come Christmas again, to hath heard his friends, who were likely to know his knowledge married together in the chapel his age, report; and is now above 22 years old. at White-half, for that this deponent was pre-That to that time and since, the earl was, in sent at the marriage. 2d and 3d Art. Cannot depose any thing certainly. 4th Art. Says, That this time two years they cohabited as man and wife, and kept house together at the earl's house at Chartley. That this deponent was there about four months, and hath divers times been in their lodging-chamber in a morning, and hath seen them in naked bed together.

the judgment of men, of good health and strength of body, except at two several times, when he was sick of the small-pox and an ague; and was likely to be able to have the carnal knowledge of a woman, for any thing this deponent could judge. 4th Art. Knows that after the earl was come to the age of 18 years, he and lady Frances kept company, and His Examination on the other side. lay together as man and wife, for three whole To the 1st Art. Hath already spoken. 2d years hath seen them in bed together someArt. Answers negatively. Sd Art. Favoureth times. 5th and 6th Art. That notwithstanding both the parties in this suit alike, is most in the the premises, the earl never had any carnal plaintiff's company: And wisheth they were knowledge of lady Frances, nor never could, as come to an agreement. 4th Art. Answers ne- the carl hath confessed to the deponent. 7th gatively. 5th Art. That he came on no com- 8th and 9th Art. Believes these Articles to be pulsion, but was requested by sir William But- true. 10th Art. That the earl, in this depoton, on behalf of the lady Frances. 6th Art. nent's hearing, confessed divers times, in seveRefers himself to his depositions made to the ral companics, that he hath done his endeavour 4th Art, of the libel. 7th and 8th Art. Not to have carnal knowledge of lady Frances, and concerned to answer the same. yet never could. 11th Art. Believes this article to be true. 12th 13th 14th and 15th Art.

The DEPOSITION of Benjamin Orwell, one of the domestick servants of the lady Frances; aged above 17 years.

Hath known the parties in difference for seven years. To the 1st 2d and 3d Art. Cannot depose. 4th Art. Saith, That for these two years last past, the deponent hath continually attended on lady Frances at Kensington, Chartley, the lady Corbett's, countess of Leicester's, lord Knowles's; and in all those places the earl and lady Frances cohabited together as man and wife, and, as it was said by their attendants, did commonly lie together in the same bed naked. Hath seen the earl come out of the lady's lodging-chamber in his pantables, having nothing on him but his shirt: and verily believes he at such times came out of bed from the said lady Frances.

His Examination on the other side. To the 1st Art. Hath spoken already.

Refers himself to the register of the court of delegates. 16th Art. Says his above Deposi

tions are true.

The DEPOSITION of the right hon. Katherine countess of Suffolk; aged about 47 years.

To 1st, 2d, 3d Art. Deposes they are true. 4th, 5th, 6th, 7th Art, Believes to be true. 8th Art. Deposes to be true of her knowledge. 9th Art. Believes to be true. 10th Art. Hath heard it reported, and believes it to be true. 11th Art. Believes the same to be true. 14th Art. &c. Concludes as the earl of Suffolk. The Lord Archbishop of Canterbury's REASONS against the Nullity.

Inasmuch as we firmly believe, that the Scripture doth directly, or by consequence, contain in it sufficient matter to decide all 2d controversies, especially in things appertaining

Judicium Philippi Melancthonis de Divortiis ex
Impotentia.

Persona quæ non sunt idoncæ ad commixtionem conjugalem nequaquam fiunt conjuges, sed cum explorata est frigiditas, Judex pronunciet illas personas liberas esse. Nec fit tunc tum Mat. 19. sed fit declaradio, ut alii sciant, divortium, quia non erat conjugium, juxta dicillam societatem non esse conjugium, et persona quæ habet naturæ vires integras, concedi aliam feliciorem copulationem legitimain. Sed ad explorandum frigiditatem Jura tempus constituunt, si res dubia est, ne ante triennium fiat quibus natura ita læsa est fascino aut veneficio, sejunctior. Eodem modo pronunciant de iis in

ut ope

Grynei soror narravit, se,mortua prima conjuge, duxisse viduam virginem, quæ undecim annos nupta fuerit viro frigido, nec unquam ulli, ante lancthon in locis: Loco de conjugio, quæ mortem viri, hanc rem patefecit. Hæc Me

to the church, as that Marriage among Chris-ginning, but no mortal man's wit can foresee tians can be no less accounted than a sacred the end, either in his person, or in the example, thing, as being instituted by God himself in Then the Archbishop, for confirmation of his Paradise, honoured by the presence of our Sa- Opinion, shewed the Testimo Melanthon, viour himself, declared by St. Paul to be a sign Pezelius, Hemingius, Polanus, Arcularius, of the spiritual conjunctions between Christ | Beza, Zanchius. and the Church:-I would be glad to know, and by what text of scripture, either by the Old or New Testament, a man may have a warrant to make a nullity of a marriage solemnly celebrated, propter maleficium versus hanc.-Which I do the rather ask, because I find warrant expressly in the scriptures to make a nullity of a marriage propter frigiditatem, by the words of our Saviour, Mat. xix. 12. For 'there be some chaste, or Eunuchs, which are so born of their mothers' belly, and there be some which are made chaste of men, and there be some which have made themselves chaste for the kingdom of heaven.'-I would also know gladly, what antient father amongst the Greeks or Latins, by occasion of interpretation of scripture, or any disputation, hath medica sanari non possit, si toto triennio mentioned maleficium versus hanc.-The like I frustra tentata est medicatio.—Tanta autem est demand touching antient councils, either gene-cillitatein virorum, sicuti viri doctissimi Simonis virtus aliquaruin mulierum, ut occultent imberal or provincial, and concerning stories ecclesiastical, whether any such matter be to be found in them.-If for aught that appeareth never mention was made of this, till Hircanus, Rhemisis episcopus, who lived 400 years after Christ; it may well he conceived that this was a concomitant of darkness or popish supersti-Christopherus Pezelius suis in Melanchonis tion, which about that time grew to so great hanc annotationem. Impotentia alia naturalis, examen explicationibus inseruit, et eis adjecit an height (God permitting them) that punish-alia accidentalis est. Naturalis, cum quis nament might fall upon the children of unbelief. -But since the Light of the Gospel is now in so great a measure broken forth again, why should not I hope that those, who have embraced the gospel, should be free from this maleficium; especially since amongst a million of men in our age, there is but one found in all our country, who is clearly and evidently known to be troubled with the same? And if there should be any which should seem to be molested, we are taught to use two remedies, the one temporal physic, the other eternal. For the first, our Saviour said, 'Hoc genus dæmoniorum non ejicitur, nisi per orationem et jejunium and St. Peter speaking of the devil, Cui resistite firmè in fide; and the Canonists themselves prescribe alms, fasting and prayer to be used in this case; but that they join sup; plication and their exorcisms thereunto, and for corporeal medicine to be applied therewith as against a disease: so is the judgment of our In eadem Causa Hemingii Judicium. late divines, whether they speak of maleficium Inhabilitas corporum ad usum matrimonii or not. Now admit the earl of Essex might divortii causa est, et nonnunquam fascino et be imagined to be troubled with maleficium verveneficio adeo inhabiles redduntur viri, ut nunsus hanc; I demand what alms bath been quam sanari possint. Sed plura sunt judicii given, what fasting hath been used, and what perpendenda,antequam divortii sententiamferat, prayers have been poured forth to appease the Primum, an impotentia præcesserit Nuptias. wrath of God towards him or his wife; or Secundum, an sit subsecuta Nuptias. Tertium, what physic hath been taken, or medicine an sit curabilis. Quartum, an ejus rei mulier hath been applied for three years together? conscia fuerit ante Nuptias. Si præcesserit Not one of these things: but the first hearing Nuptias, potest liberari persona sana divortium must be to pronounce a nullity in the mar-petens, non enim fuit verum conjugium, siquiriage, of which declaration we know the he, dem non legitimè consentiunt, cum unus fallit,

tura non est idoneus ad commixtionem conju

galem. Accidentalis, cum quis est castratus, aut veneficio corruptus. Rursus quæ ex veneficio accidit impotentia, aut curari potest medicamentis, aut est perpetua. Ex his distinctionibus sumitur explicatio quæstionis, an, et quomodo impotentia fit causa divortii. Nam interimpotentes, non potest constare conjugium), quia deest causa sufficiens et finalis. Primum,

persona illa quæ sana est, decepta fuit, et ignorans duxit impotentem, non igitur potuit esse consensus, qui est causa efficiens Matri monii. Secundò, duplex est finis conjugii; unus est generatio sobolis, sicut dicitur, Crescite et multiplicamini: Alter finis est, Vitatio con nicationis causa unusquisque habeat uxorem, fusionis libidinum, juxta dictum; Vitande forHæc Pezelius 2 parte explicat. In Examen Melancthon.

as long as persecution lay heavy upon the church, and before the empire became Christian, the church did not meddle with any thing, which drew a consequence after it of possessions, or inheritance, as marriage doth; nay, even divers hundred years after the conversion of the emperors, the judgment and decision of all such questions did still remain in foro civili, till the popedom began to wax great, and assume, or rather usurp to herself a supreme and independent judicatory in all ecclesiastical causes: and therefore the Fathers and Councils had no occasion to make mention of that which was not de prafori at that time. such a thing is not lawful, because the Fathers and Councils made no mention of it: for you know much better than I, divers and many points betwixt the Papists and us are never mentioned by the Fathers, because they could never have dreamed that such questions would arise; and therefore are the Fathers exact only in such questions as were agitated upon the state at that time, as De Trinitate, de duobus in Christo Naturis,' and such like: and therefore it is sufficient that there can be nothing found which may justly be understood to contradict this opinion.And it is very probable (as I said before) that this trick of maleficium had not then been put in practice in the world, and therefore not known or mentioned by them; for why may not the Devil as well find out new tricks of witchcraft (when God will permit him) as he did daily new sects of heresies? For his malice can never end until the end of times.-To the fifth Argument, my former answer doth also serve; for till the 400th year after Christ, it may be that devilish trick came never to be discovered. You know the old Proverb, ex malis moribus bonæ leges: and it is not unlikely that the time of darkness gave the Devil occasion to devise such new tricks (look my Dæmonology); and yet was

your own shame; as also the same reason serves for ascending or descending in points of consanguinity, quia par est ratio.-The like is in this case; for although Christ spake only of three sorts of eunuchs, yet Ratio est quia non 'potest esse copulatio inter eunuchum et mulierem,' and therefore St. Paul, 1 Cor. 7. telleth us clearly, that it is not Conjugium sine 'copulatione.' I conclude, therefore, a paritate rationis, that Christ did comprehend under these three sorts all inability which doth perpetually hinder copulationem versus hanc,' whether it be natural or accidental; for what difference is there between cutting off the hand, and being made impotent thereof? Amputatio-And besides, that is an evil argument to say 'et mutilatio membri,' is all one in the civil law; and that is a like defrauding of the woman, when either he who is to be her husband is gelded, or when the use of that member towards her is by any unlawful means taken from him. Neither is it any way needful to crave the particular warrant of Scripture for a nullity, no more than of warrant in this place for any nullity at all; for Christ doth not directly say, that a marriage so made shall be nullified, neither doth he teach us what form or process shall be used in that, neither makes he mention of the triennial probation, no more than he forbiddeth marriage within the fourth degree, ⚫ without leave obtained of the bishop of the diocese. It is then suflicient to all moderate Christians to be taught out of the Word of God, that marriage is nulla sine copulatione; and these words, quos Deus conjunxit, are never found in Scripture, where et erunt ei doth not proceed, viz. they two shall be one flesh.-But whether the impediment be universal, or versus hanc only; or whether the fault thereof hath been born with him, or done to him by violence, or fallen unto him by disease, or disproportion, or inaptitude betwixt the parties, or unnatural practices, that is ever par ratio, he is eunuchus versus hanc et omnes alias, seeing to him only was she married.—Then paritate rati-that law for which you cite Hircanus, by Charles onis, such nullities are grounded upon the afore- the Great, who in many great points (as you said warrant of Scripture, neither had Christ know) had so great light, as I do scarce term any occasion to speak of the Jews marriage this time a time of blindness: but howsoever concerning maleficium versus hanc; for though the darkness was in points of superstition, I it be apparent that God made king Abimelech will still maintain (as I have ever done) that and his servants unable to abuse Sarah. Abra- for matters of order and policy, all the world ham's wife, and so was he made by God him-shall never be able to find out any so good and self eunuchus versus hanc, and that it be not so old an order of argument to be put in the improbable that the devil being God's ape, place of it: in sign whereof there is no well goshould imitate God's works, by his filthy witch-verned commonwealth in the Christian world, craft, by making such as God will permit him, wherein the common-law is not received to unable versus hanc: howbeit, it is very proba-judge in questions of that nature; and it is cerble that it was long after that time the devil put that trick upon the earth.-As for the third and fourth Questions, what mention the Fathers and Councils do make of maleficium versus hanc, I answer, that it may be (if they were well searched) that either something to this purpose in them, or at the least aliquid analogum, with a paritate rationis, or by consequence, may serve to decide the question.-But leaving this to search, my main Answer is, That we must distinguish oft-times: for in all the first ages,

tain, that this question now in hand, is only a question of order and policy: for the ground of this question, that the essential point of matrimony cannot be accomplished sine copula, is warranted by express Scripture, and confessed by yourself.-To your sixth Argument (or rather hope) I fear that hope shall prove con◄ trary to faith; for as sure as God is, there be Devils, and some Devils must have some power, and their power is in this world, neither are the Elect exempted from this power; Job