but it would prove some mistaking of the register's part, to whom it was apparent that small credit was to be given, since he had so grossly set down of them, that they protested, when all the commissioners could witness the contrary. Moreover, he desired Mr. Chancellor of the Exchequer, and sir Daniel Dun, to certify the lord Chamberlain, how free and innocent from those aspersions the rest were found, and that from top to toe it was nothing but misprision. Before this truth was discovered, it was known that a gentleman of the earl of Northampton's had said to sir John Levison, and that, as from his lordship, That there was something descried, which would break the archbishop's back:' such account was made of this business. Thus things passed silently until the next week, when, upon the Thursday, being high commission day, Dr. Edwards being amended, repaired to Lambeth. His coming was watched; and then was delivered to the archbishop a second letter from the king, commending the concurrence of all to the act, to be made up in common form; but requiring the commissioners to convene Dr. Edwards and the register before them, and to charge them with all the foreremembered matters, and to learn where the fault did lie. It was also commanded that they should require the said doctor and register, to set down in writing what had passed between them; and if it were found that Dr. Edwards were to blame, he should be suspended till the king's pleasure were further known. These things are fallen upon; and Dr. Edwards shewed that the register had wronged him, and that no part of the accusation was true, in modo et forma, appealing to the commissioners, what faith might be given to Barker contesting against him, when it had been manifestly proved, that he had forged the matter of protestation against my lord of Canterbury, my lord of London, and the rest. Time is assigned to them to deliver in their writings; and accordingly, about two days after, Dr. Edwards bringeth to the archbishop his answer, denying the points whereon he was accused. But Barker brought nothing till a fortnight after; and then, by candle-light, when the high commission was risen, and the commissioners were departed, he delivereth a long writing to the archbishop, who could not read it that night; but reproved him for detaining it so long. On the morrow, my lord of Canterbury perused this declaration and as he found it to be uncertainly and diffidently set down for some other circumstances, so he discovered there one thing much to be observed, and that was, that Barker delivered, That some few days after the sentence, the lord chamberlain sent for him, finding fault that the act was not made up. And there speech was, That some desired to have their titles put in, as well as the titles of others; and for that, Barker named sir John Bennet. Whereunto the lord chamberlain said, "I know no title that he hath :" "Yes," said Barker," he is judge of the prerogative court of Canterbury." But Barker concludeth the narration, That himself finding that he had named sir John Bennet unjustly, therefore was in mind to excuse him, and was about to say, that he had done him wrong; but the lord chamberlain was so angry that he could not bring it forth; but went his way, leaving the lord in that opinion. By this it was descried, that in the first letter sir John Bennet was aimed at, as well as Dr. Edwards, to put some disgrace upon him, which made men wondrously marvel at the vindicative mind of some men, who sought for an occasion to do other men disgrace. The end of the matter was, That no man could be touched; and therefore the archbishop, taking sir Julius Cæsar with him, acquainted the king (who was now returned from Royston) with the state of the whole matter; informing his majesty, that fault fell on no man save the regis ter; and therefore, if his highness were pleased to have him punished, it might be so: But for the thing itself, since the report was more than there was cause, Mr. Chancellor of the Exchequer said, It was better to let it die, and stir in it no further. To this the king assented, being not willing that any punishment should be laid on the register: whereby it appeared, that the intendment was, in the stirring of these coals, to have burnt some greater persons than Barker, the register. All this while it was confidently given out, That because the sentence had been opposed, there should a book be written in the defence of it; and one while it should be by a divine, and that sometimes was my lord of Winton, and sometimes my lord of Ely: and it was said, they were earnestly about it: Another while, it should be by a Civilian, and then sir Danic Dun must do it: But at other times it must be by a Scotchman, who had written somewhat of that argument before the sentence; and other while, two Scotchmen must join together about it: And to make the thing the more probable, the lord Felton sent to the archbishop for the copy of the Scotchman's writings, which was sent unto him; and after copying of it out, it was returned to my lord of Canterbury again. This speech of a book continued about nine weeks in all; but at last Dr. Stuart, and Dr. Bird, were sent for to the lord chamberlain, and their judgment was asked concerning that point. Their advice was, That it should by no means be meddled withal, but that things should die of themselves: But no questioning by writing; for so it might go on to the world's end: for one book might breed another and so, they whom it concerned should never be in rest. This was resolved on; and afterwards there was no more speech of writing, saving only faintingly and whisperingly, but nothing to the purpose. It seemed that the commissioners who were for the nullity had enough of it, and desired no more to bring themselves on the stage, being so by all men exclaimed upon for that which they had done. The bishop of Winton, after the sentence, went down with great jollity, full of hope and glory; but within a while after he grew much daunted, as some about him, and namely his own daughter, reported; for he heard many ways of the strange detestation which the world bad of the deed; and the nick-naming of his son much affected him; But his advertisements from sir Richard Norton, his son in-law, did much trouble him: For sir Richard wrote divers times from London to his wife, That he could come in no place, but his father-in-law was railed upon: That men told him, that he thought he had a wife, but it was no longer than ny lord of Winton pleased; for whensoever be offended him, he could make a nuility between them. Besides, the said sir Richard told Mr. John More, of Lincoln's-Inn, divers times, "That it was such a disgrace unto him to hear how the world talked of that sentence, that although my lord of Winton promised to give him, his wife, and family, their diet and entertainment so long as he lived, yet he would get him to his own house, and live there, where he had means sufficient, and not be subject to that perpetual scorn, which would follow him so long as he remained in his father-in-law's company," By these, and the like passages, it was guessed, that the rest of the commissioners, who were for the sentence, had little comfort in themselves of that which they had done. On the other part, the archbishop, and those who stood with him, had their honesty and justice sounded out every day more and more; and many messages were brought them, and divers letters written unto them, or shewed them by some friends, from sundry of the bishops in the land, from the universities, from Inany godly preachers out of all parts, which was an exceeding consolation unto them, among the many frowns which they did bear, That there was an universal concurrence of all honest nen to approve that which they had done. And the archbishop had privately, from many great ones in court, and nobles and worthy personages elsewhere, such significations of their good acceptance which he did, that it cheered him much inwardly, and he was nothing dismayed. Now, about the middle of November, the wheel was turned about: For since nothing could be gained by speaking hardly of the negative part, they thought they would make use of them another way, and that should be by making the world believe, that they had now given approbation of the fact. And thereupon it was, in ourt and London, asseverantly given out, and the fame of it went far and near, That the archbishop, and the rest, after more mature deliberation, had testified their concurrence with the rest of the commissioners, and all now were of one mind. Men did not hastily believe this; but yet divers of good rank came and sent to the archbishop and the rest, to know whether those things were so or no. And when it was found to be but a jargon, it gave a great deal of contentment, and removed away much scandal'which formerly was taken. Yet again VOL. II. afterward it was bruited, the second time, That my lord of Canterbury had given the king satisfaction in the matter; and my lord of London, on such a Sunday, had come and submitted himselt to my lord chamberlain, and the rest had relented. Nay, it went so far, that Yelverton, the king's solicitor, and a great dependent upon the house of Suffolk, told Mr. Pye, the counsellor, and Mr. Cholmely, the earl of Essex's solicitor, coming unto him about books to be drawn up, for passing back the jointure of the lady Frances's part, and the portion of the earl of Essex's part, "That the gainsaying commissioners were now consenting, and the great man beyond the water was come over; which he knew so assuredly, that he had seen it ratified by the subscription of the archbishop and the rest." Yea, further, he added, "That there was great reason, at the first, wherefore my lord of Canterbury, and the others, should stand against the separation; for they had just cause, at the first, to fear that this fact might be drawn into example, and so marriages ordinarily be violated; but now it was resolved that no more such should be permitted, and thereupon they assented." These things were inforced to be endured with silence, for the avoiding of clamour, and making of trouble. But now behold an admirable device of the bishop of Litchfield, which sheweth what his own opinion was of the validity of the sentence. I will set it down as it came to be acted. On the 26th of November Searle the proctor cometh to my lord of Canterbury at Lambeth, and bringeth with him a writ of Certiorari out of the Chancery, directed to the commissioners in the cause between the lady Frances and the earl of Essex. The archbishop was prayed to open it; and so he did, and there found that four of them, sub sigillis vestris, were required to certify Kecordum Sententie into the Chancery. The archbishop asked Searle, If this were an usual thing? Who answered, No, he had not known any such thing before: It is replied, What then should be the reason thereof? Answer was made, That since the matter was controverted in the sentence, lest there should be question of the marriage afterwards, the earl of Somerset would have the sentence lying by him under the great seal of England ratified.' The archbishop thought that to be but a weak hold, yet charg ed Searle to see such an instrument drawn, and a certificate should accordingly be made. On the Wednesday after, Barker, the register, cometh to Lambeth, and sheweth a form of a draught in paper, how the certificate should be returned in the names of all the commissioners specially put down. The archbishop, in the reading of it, found five or six lines having a black line drawn under them; and there upon the more marking the words contained in them, found that which he liked not. Thereupon he asked Barker, Who lined those words?' Barker said, 'He himself did.' The other asked, What was the reason of it? And it was answered, Because sir John Bennet, and some SH 6 6 these words, that post omnimodam veritatia other of the doctors with him, had disliked that sentence.' Quoth the archbishop, And they had reason for it: Who put them first in? Barker said, 'None but himself." Quoth the archbishop then, May not the certificate stand as well without those words as with them! To which Barker answered, 'Yes.' Then said the archbishop, Let them be stricken out.' Here the register, with somewhat ado, faintly made answer, That the commissioners on the other side would by no means have them out.' The archbishop said, Then I perceive it is a device to entangle us : I am ready to certify the sentence as the writ requireth, but I will none of this. Barker, I am first in the commission, and for my place sake, I would have looked, that I should have been conferred withal, what had been fit to return, and not to have had this trick put upon me, that either I must certify that which crosseth my judgment at the time of giving the sentence, or I must be forced not to certify at all.' So Barker departed, and all was quiet until the Monday after; at which time the archbishop was early at Whitehall, the council sitting that morning. There, in the waiting-chamber, at the end of the privy-gallery, the bishop of Litchfield cometh to him, and saith, My lord, we have received a writ of Certioran out of the Chancery, to certify the sentence for the nullity. Yea, saith the archbishop, and I am ready to certify it.' But, saith the bishop, He who framed the writ hath made it sub sigillis vestris, and doth not know that there is a seal of office for the delegates; it should have been sub sigillo communi. Before the archbishop could reply, in cometh the lord chancellor, and to him cometh out of the next chamber the lord chamberlain; and then those two lords, together with the bishop of Litchfield, drew themselves to a window, and there had they secret communication about the altering of the form of the writ, as the effect declared; for that afternoon, a cause being to be heard touching alimony, from sir Pexal Bro-another.' These things passed then; and after cas to his lady; and the committees in it being the bishop of Litchfield, and Mr. Chancellor of the dutchy, and my lord of Canterbury being umpire; before Mr. Chancellor was come, Bembo, deputy to the clerk of the crown, came into the parlour at Lambeth, and had private speech with the bishop of Litchfield. The archbishop going out into the garden, Litchfield followed him, and told him, That Mr. Bembo had brought another form of a writ;' and thereupon shewed him the words sub communi sigillo. The archbishop bid him do as he thought good, and withdrew himself into the low stone gallery, whither Litchfield followed him, and used these words: My lord, here is a form of a certificate, which hath been thought fit to use in the business of my lord chamberlain; and I hear your grace taketh exception to some things in it. Then he pulled out the very paper which Barker formerly had shewed. The archbishop answered, My lord, have I not reason to take exception to the cause heard between sir Pexal Brocas and his wife, the bishop of Litchfield said to the archbishop at his parting, My lord, you will give us leave to certify then as we purpose?" To which the archbishop answered, Yea, with all my heart.' The next morning the archbishop remembered, that by the carriage of things in such fashion as was pretended, he might be tricked: For if the names of all the commissioners were put into the certificate, and four of them might certify under a common seal, it should not be known hereafter, but that he and his fellows concurred therein, and that, with the words which were excepted against: He therefore sent for Barker, and in the presence of sir John Bennet, and two servants, being public notaries, he expostulated with Barker, as serving men's turns, rather than caring for peace; and then punctually he delivered these things. First, The writ requireth me to certify the sentence, and I am ready to do it.'-Secondly, "If the whole process be desired, I am willing | I tell your lordship, I have studied the law to certify that also.'-Thirdly, For the words these two-and-thirty years; and therefore, you in question, because they were put in without shall give me leave to believe, that I know my privity, and they may as well be left out as more therein than you can. I am the king's adput in, by your own saying, I pray to be forborn vocate, and therefore may suffer nothing with my for returning of them.'--Fourthly, I require consent to pass dishonourable to my master." you to conceal these things as much as you may, that the world take no new alarm of any difference between the commissioners.' Upon these contestations, the lord chamberlain was much troubled, saying, "What a matter is this, that men should be of such contrary opinions! What shall we do?" When the bishop murmured much that his counsel was not followed, Dr. Martin said thus: "My The archbishop spake of returning the whole process, because he had heard, that at the first it was meant it should be so; but Dr. Stuart, and perhaps some other of the Civi-lord, in a business of this importance, I will lians, dissuaded that by all means; lest, if the whole were on record in the chancery, every man that list, hereafter might censure that sentence, and sift the grounds whereon the commissioners proceeded; it was good, therefore, to take away that occasion. not wish your lordship to follow my single advice, but let this be done; to-morrow let sir Willian Button, in your lordship's name, come to Doctor's-Commons; and let him get together sir Daniel Dun, Dr. Stuart, and Dr. Bird, and I will attend them: and then we will con When matters were thus resolved, the bi-sult jointly what is fit to be done." shop of Litchfield, who meant to play his prizes in this service, speaketh to Bembo, to draw some preface or conclusion to add to the certificate; that it might not only be signed with the great Seal, as after the form of an inspeximus: but that his majesty might add a confirmation to it: and when Mr. Bembo, as unacquainted with this fashion, did not fit the bishop's humour, his lordship took on him to do it himself. He drew up therefore, a strange writing, as was informed by a credible person that saw it, containing barbarous Latin, and no good congruity of sense. But the matter of it was, that his majesty having the authority of the pope now in himself, and in scrinio pectoris, having power to ratify, did, er plenitudine po testatis, confirm that divorce to all intents and purposes. In an evening Dr. Martin was sent for to the lord chamberlain, and there was the bishop with his papers. The doctor, as it hath been credibly delivered, being shewed that writing, and his opinion thereupon being asked, did utterly dislike it, and said, " That the king claimed nothing of the pope's power; but took that as his own, which the pope had usurped : that the king had spoke before by his judges delegate, and had nothing more to do: that if" the sentence were not good already, no confirmation could make it good." And when the bishop was earnest in defence of his device, there was a little heat stricken between the doctor and him, so that these words passed from the said doctor: "You do, as much as in you lieth, spit in the face of the king our master by laying on him all the matter; whereas the scandal that hath already been is this, that his majesty is said to deal so much in the matter. My lord, you are to blame to enter into these things without advice of men skilful in the law: hath Dr. Stuart or Dr. Bird been acquainted herewithal?" The bishop said, "No; but for this matter, I know as much law as the best of you all." Dr. Martin replied, "No; your lordship thinketh, that because you have read two or three chapters of the canon law about this late business, you know as much as we do, who have spent all our lives in that profession: This advice was much liked; and on the morrow, being Friday, they all assembled, and for two hours all points were debated; but the conclusion was, "That there should be no farther confirmation: for this was to proclaim, that the sentence was delective in itself, which would make a great buzz in the world," and therefore, the counsel was in general, "That too much had been done, and for the time to come, the care must be, how to lay it asleep fairly." This resolution being taken, the next knack was, that so many of the commissioners as were for the sentence, should be called together; and they should be made acquainted with this, that the bishop might be fairly put off. On the Saturday night, therefore, in the dark, at sir Julius Caesar's house in the Strand, met the. bishops of Ely, Litchfield, Rochester, the two chancellors of the Exchequer and Dutchy, and sir Daniel Dun, and well near for an hour, they privately debated what they thought fit; but, as it seemeth, resolved as before, and so departed. A friend being the next day with the lady Cæsar, and knowing of the meeting, asked her, What about it was?" She answered, "It is something about the late nullity; but what it is, I do not know. It seemeth, that they who were the doers in it, think somewhat is amiss. They suppose all is not well about it, and I for my part think so also." A man would have supposed, that all these things should have contented the bishop of Litchfield; but he was so far in love with his own invention, that yet he would not be beat off; and therefore, to merit the more, he once again moveth the lord chamberlain to send to sir Francis Bacon and to Mr. Yelverton, being of the king's learned counsel, to know their opinion: which being done; and they two, for the reasons above-named, concurring with the civilians, the bishop, as it hath been credibly related, said of them, together with the rest, "They are all fools." And so ended this stratagem; but the worker thereof was not yet for an end. From the beginning of this whole question of the nullity, the bishop of Litchfield had carried himself variously, sometimes being vehement in words, publicly against the separation, and other times in deed, giving furtherance to it. Many speeches he had privately with the archbishop, making shew of much honesty and respect to him, which the archbishop ever warily observed; thinking, notwithstanding, that these had been testimonies of the working of his conscience, conflicting in itself, but not resolved what to do. In the mean time, from the court, from London, and out of the country, the archbishop was still called upon by divers worthy friends, "That he should take heed of that bishop: That he was ever, and in all things naught: That he did all the worst offices that possibly he could, and was still stirring the coals, to procure to himself a reputation; that he was zealous of the house of Suffolk." The archbishop forgot not those many warnings, but carried himself very warily towards him: Yet out of charity it still came in his mind, "He is a bishop, I know no evil of him; I ought not to condemn a man upon a generality; I have no particular proof of his misbehaviour in this behalf: Although he dealt ill with the late lord treasurer, and most falsely with the archbishop Bancroft in his life-time, and after his death; and for that cause was detested by both of them; yet an honest man may think, that experience hath reformed him, and now he is amended." Yet it much affected the archbishop, that all men spake so ill of him; and one speech of an old courtier, a very honest knight, entered far with him. For about a fortnight before the marriage, the said courtier speaking privately with the archbishop, among other words, he used this: "I know not what the bishop of Litchfield doth among you; but he hath made a shift to be taken for a knave generally with us in the court." Now, whether the next prank will verify so much or no, let the reader judge. Eight days before the marriage, on a Saturday morning, that bishop cometh to Lambeth, and in private conference with the archbishop, he telleth him, "That out of his love and respect to his grace, he was come voluntarily, as of himself, to know his mind about one matter, and it was this. On St. Stephen's day, said he, the lord chamberlain meaneth to have this great marriage go forward: Now, it may, perhaps, be desired, that a licence should be given by you, that the banes may not be asked; which if you like not to, grant, I may be the means to free you from being moved to it." The archbishop said, "What have I to do with granting of a licence? It belongeth not to me: But wherefore should there be any need of a licence? The marriage is intended to be public; masks and shews are made for the same; all England taketh notice of it, and therefore it were good that the banes were openly asked, as the manner is of such marriages as are made in the king's chapel. Yea, the lady Elizabeth herself had her banes asked." My lord, saith Litchfield, there is 66 some cause why it should be done without publishing the banes: For, peradventure, somebody may step up, and make a disturbance. You know what a mad, naked fellow came into St. James's, after the death of the prince; if such a one should come in now, what a work would it make?" The archbishop wondered within himself, to hear such a reply, and thought surely, that it was no mad body that they should need to stand in fear of, but they suspected some what else. But his answer was, My lord, there come no such into the king's chapel; there be doors and officers to keep such out. But if it should be suspected that any would oppose, it is best the banes be asked, for then there will be some warning of the gainsaying; whereas, otherwise, if at the time of the marriage one should suddenly start up, it would make a greater trouble.' Notwithstanding the bishop went on, "That a licence would cut off all the doubt." The archbishop answered, "But what have I to do with granting a licence in the king's chapel? It belongeth to the ordinary of the place, and that is my lord of Bath, as dean of the chapel." Litchfield replied, "He never granted any, and he hath no seal for that office." It was answered, "lle never granted any, because nobody ever desired it; but the manner was, that the banes were published. But as for the seal of the office, who doth not know that any seal will serve? And none better than this bishop's seal, it being said, Datum sub sigillo nostro Episcopali, quo in hoc casu, or hoc tempore, utimur'. King James, at the first, did use the seal of queen Elizabeth, till a new one was made." The bishop proceedeth, "Yet it would be fit that you granted the licence, if it be requested." To this the archbishop said, " I shall do that which never any of my predecessors did." "Yes," quoth Litchfield, "if you would seek your records, you should find some so granted." The archbishop answered, “ I bave inquired of my officers, and they tell me, That no such thing was heard of, in omni hominum memoria. But, my lord, I know that my lord of Bath hath it under the great seal of England exclusively to the archbishop; so that in direct words there is a restraint, that he may not meddle there." "Yea, but," quoth Litchfield, " you have an act of parliament, enabling you to grant dispensations to the king and his children; and therefore it belongeth to you." Said the archbishop, do not you think that I understand the act of parliament as well as you? My lord, do you think that that statute was made for these ordinary graces and dispensations? Why, is not your lordship able, within your diocese, to grant a licence, that a marriage may be solemnized, and not the banes asked? Yes,' saith he, I may nay, every archdeacon may do it within his jurisdiction." Then, my lord,' quoth the archbishop, must an act of parliament be made to grant the abp. power to do that which every archdeacon may do within his precinct? There is surely some other matter in it. But I marvel, my lord, that you are now so earnest for the archbishop's |