6. 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.* [3 Kennet's Hist. of England, 686, 692. 1 Bacon's Works, 78.] bert had fully attained the age of 18 years, as time and place did serve, after the fashion of other married folks, the said Frances Howard in hope of lawful issue, and desirous to be made a mother, lived together with the said Robert at bed and board, and lay both naked and alone in the same bed, as married folks use: and desirous to be made a mother, from time to time, again and again yielded herself to his power, and as much as lay in her offered berself and her body to be known; and earnestly desired conjunction and copulation. V. And also the said Earl, in the same time very often, again and again, did try to have copulation, as with his lawful wife, which she refused not, but used the best means she could notwithstanding all this, the said Earl could never car UPON the Petition of Frances countess of Essex, complaining that the Earl her Husband was incapable of consummating their Marriage, and praying a Commission to examine, if her Complaint was well founded; the king granted her request, and appointed the following persons Commissioners: George archbishop of Canterbury, John bishop of London, Lancelot bishop of Ely, Richard bishop of Litchfield and Coventry, John bishop of Rochester, sir Julius Cæsar, LL.D. sir Thomas Parry, LL.D. sir Daniel Donne, LL.D. sir John Bennet, LL.D. Dr. Francis James, and Dr. Thomas Edwards, The LIBEL Contained the following Allegations: I. That she, at the time of the Marriage, was 13 years old, and is at this time 22 or 23. II. That she and Robert Earl of Essex were mar-nally know her, nor have that copulation in ried by publick rites and ceremonies of the church in January 1603. III. That the aforesaid Robert, at the time of the pretended Marriage, was about 14, and is about 22 or 23 at this time; and ever since, and at this present, is a man (as far forth as a man may judge), and hath been in good health, and perfect estate of body, nor any way hindered by any ague or sickness, but that he might have carnal copulation with a woman. IV. That since the pretended Marriage, at least by the space of whole and continuate three years after the said Ro | any sort which the married bed alloweth. VI. Yet before the said pretended Marriage, and since, the said Earl hath had, and hath power and ability of body to deal with other women, and to know them carnally, and sometimes have felt the motion and pricks of the flesh carnally, and tending to carnal copulation, as he saith and believeth; and peradventure, by a perpetual and natural impediment hath been hindered all the former time, and is at this present, that he can have no copulation with the said lady Frances. VII. Furthermore, the Sir Anthony Weldon's "Court and Cha-first marriage must this second take place; many racter of K. Janies," after narrating the murder meetings of the bishops, and the prime civiof Overbury, introduces, p. 76, Lady Essex's lians, in which there wanted no bribes from the Divorce thus: "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 better befitted the mouths of bawds and carry their loves more openly and impudently, ruffians than the grave divines, among them so that the world did talk very loudly and bishop Neale, then bishop of Rochester, a broadly of this adulterous meeting; 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 themselves. But they must needs go the devil drives,' yet know not how handsomely to effect this, but by making the king a party in this bawdy business, which was no hard matter to effect, for the king's eye began to wander after a new favorite, being satiated with the old, therefore for the bringing this bawdry to a marriage, the bishops must be principal actors, (as I know not in what bad action they would not be lookers on); and the bishop of Winchester, an excellent civilian and a very great scholar, must be the principal, for which is son was knighted, and will never lose that title of sir Nullity Bilson. For by a nullity of the VOL. II. must produce a nullity, wherein were so many beastly expressions as, for modesty sake, I will not recite them, being offensive to my very thoughts and memory. Aristotle's problems was a modest discourse to his, and he appeared to be better studied in that than in divinity; and to wind up his learned discourse, concluded all those met in this lord and lady. The archbishop of Canterbury, Abbot, to his everlasting fame, mainly opposed all the proceedings, and protested against them, for which he ever after lived in disgrace, excluded from the council table, and died in the disgrace of the king on earth; though in favour with the King of kings." 3 E not. DOUBTS conceived out of the Fact and Process in the Suit between the lady Frances Howard, and the Earl of Essex. said lady Frances hath been, and is fit and able | know her, but that he did not, nor could to have copulation with a man, and such a one ás may be carnally known; neither hath in this regard any impediment. VIII. Moreover, the said lady Frances remaineth, and is at this present a Virgin. Also at the time of the pretended Marriage, the said lady Frances was 1. Whether the Libel be defective, espeunacquainted with the Earl's want of ability cially in the 4th Article, where it is said, that and impediment, formerly mentioned. IX. And Dominus Comes Essex pluribus et iteratis furthermore the said Earl, long before this vicibus' (which may be verified and satisfied suit commenced, hath very often, and at sundry in two or three times) dictam dominam Frantimes, confessed in good earnest, before Wit- ciscam ejus uxorem prætensam cognoscere nesses of good credit, and his friends and kins-tentavit,' &c.-2. Whether the Answer of my folks, that although he did his best endeavour, lord of Essex to the said 4th Article in that yet he never could; nor at this time can, have behalf, being but thus, That he did divers copulation with the said lady Frances, no not times attempt, &c.' be full, certain and sufionce. X. And lastly in regard of womanish cient.-3. Whether in this case my lord of modesty, the lady Frances hath concealed all Essex his oath (cum 7 manu propinquorum)' the former matters, and had a purpose ever to be not by law requisite, as well as my lady's. conceal them, if she had not been forced, -4. Whether my lord of Essex would be inthrough false rumours of disobedience to the spected by physicians, to certify (so far as they said Earl, to reveal them.-She requireth, since can by art) the true cause and nature of the this pretended Matrimony is but in fact, and impediment.-5. Whether by triennial colanot in right, it may be pronounced, declared, bitation, there having been no carnal copulaand adjudged as none, and of none effect; and tion between them (Impedimentum maleficii* she may be quiet and free from all knots and being accidental), præsumatur præcessisse vel bonds of the same, by your sentence and au- potius subsecutum fuisse matrimonium conthority. 'tractum et solemnizatuin.-6. Whether they ing their triennial cohabitation before the suit ought post præceptum judicis' (notwithstandbegun) to cohabit together, saltem per aliquod temporis spatium arbitrio judicis moderandum,' for further trial, &c.' DEPOSITIONS taken in the case of the Earl of Essex, and the Lady Howard. The Oath taken by the Lady Frances Howard. "That since the earl of Essex was 18 years of age, he and I have for the space of 3 years divers and sundry times lain together in naked bed all night. And at sundry of the said times the said earl hath purposely endeavoured and attempted to consummate marriage with me, and to have carnal copulation with me for procreation of children; and I have at such times, as the said earl hath attempted so to do, yielded myself willing to the same purpose. All which notwithstanding, I say and affirm upon my Oath, that the said earl never had carnal copalation with me, FRANCES HOWARD." INTERROGATORIES adminstered to all Witnesses The Earl of ESSEX put in his ANSWER the 5th of July, 1614. The 1st and 2nd he answereth affirmatively. -To the 3rd, he thinketh that at the time of his Marriage, he was full 11 years, and is now 22 and upwards; neither since hath had, or hath any sickness or impediment to hinder him, but that he might have had copulation with a woman, saving in the time of his sickness of the small pox, for two or three years after his marriage, which continued for a month or six weeks, and at another time, when he had a few fits of an ague.-To the 4th, he affirmeth, that for one year he divers times attempted; that the two other years, when he was willing, she shewed herself sometimes willing, but other times refused, and he lay in bed most commonly with her, but felt no motions or provocations. -To the 5th, he answereth, that he never carnally knew her, but found not any defect in himself, yet was not able to penetrate into her womb, nor enjoy her.-To the 6th, he believeth, that before and after the Marriage, he hath found an ability of body to know any other woman, and hath oftentimes felt motions and provocations of the flesh, tending to carnal copulation, but for perpetual and natural impediments, he knoweth not what the words mean; but that he hath lain by the lady Frances two or three years last past, and had no motion to know her, and he believes never shall.-To the 7th, he believeth not that the said lady Frances is a woman able and fit for carnal copulation, because he hath not found it.-To the 8th and 9th, he believeth them both to be true, and thinketh that once before some witnesses of credit, he did speak to this purpose, That Te eftentimes had endeavoured carnally to (excepting the earl and countess of Suffolk) produced, and examined on behalf of the earl of Essex, and who had been produced against him on the part of the lady Frances Howard, in a Suit brought by the said lady against the earl of Essex, for the Nullity of a pretended marriage. 1. Let each witness be interrogated, as to his age, birth, condition, and place of abode; and where he has chiefly resided for ten years last past; and how long he has known the parties contesting. 2. Whether he is a relation or kinsman of the party on whose behalf he is produced; and if so, in what degree of consangui nity. 3. Which of the parties, plaintiff or de fendant, he most favours; with which of them he is most conversant, and to which he would confer the better-of-the-day, if in his power. 4. Whether he has communicated to any body, or any body has conferred with him concerning the nature and substance of his deposition in this cause: And if he auswer in the affirmative, then let him declare with whom he so conferred, and what the discourse that passed between them. 5. Whether he came of his own accord, or by compulsion, to give his testimony in this cause. 6. Let him depose what he knows of the contents in the 4th article of the libel put in, in this cause; or any part thereof; And in what month and year the earl of Essex attained to the full age of 18 years; and in what place and places the earl and the plaintiff, for the whole space of three years after such time, had society of bed and board, cohabited and lay together; and for how long together in each distinct place. 7. Let him likewise depose what he can say to the contents in the sixth article of the aforesaid libel; and whether he knows what perpetual and incurable impediment the earl did and does labour under; and let him express the nature and quality thereof, and when he knew it; and let him give the causes of such his knowledge in every circumstance. 8. Let him depose likewise what he can say to the contents in the 10th Article of the said libel: And of the time and place, and how often, and before whom the earl confessed and acknow ledged, as in the said Article is contained and DEPOSITIONS upon the Articles of the Libel Her DEPOSITIONS to the Interrogatories admi- abode.-2d Art. That she is cousin-german An The DEPOSITION of Elizabeth Raye, the daughter of William Raye, of Woodstock in Oxfordshire, gent, taken to the Libel: Aged above 20 years. That she has known the lady Frances for above two years; and the earl of Essex for the same time. To the 4th Art. That she served the lady Frances for above twelve months, and that shortly after she came to serve her, my lady went to my lord Knowles's house at Cawsam in Oxfordshire, where she stayed about a fortnight, and the lord Essex came thither to her, and laid in naked bed with the said lady Frances divers nights, as this deponent hath chamber: That the deponent herself at Drayheard them report that attended the lady in her ton attending the said lady in her chamber, did see them in naked bed together as man and wife for divers nights; as they did likewise afterwards at Chartly, for above a quarter of a year, and at Michaelmas after that, at Durhamhouse at London. Her Examination to the Interrogatories on the other side. To the 1st Art. Speaks as to her abode at distinct times.-2d Art. Answers in the negative.-3d Art. That she favours both parties equally; converses with neither of them; and if in her power, would have right take place.4th Art. Answers negatively.--5th Art. That she was requested to come to testify in this cause, but was not compelled by any process, 6th Art. Hath heard it reported that the earl of Essex was 22 years old in January last.7th and 8th Art. No wise concern this depo nent. Katharine Fines, daughter of Thomas lord Clinton, aged about 18 years, deposeth, that she hath known the lady Frances for about a year and a half, and the lord of Essex for above a year. To the 1st, 2d, and 3d Article, cannot depose. To the 4th Art. says, That from Midsummer last to All-hollantide, the earl of Essex and lady Frances remained and kept company together as man and wife; first in the countess of Leicester's house at Drayton in Warwickshire; and after at the earl's own house at Chartley in Staffordshire: And that for two of the nights they lodged at Drayton, being on a Sunday at night, and on a Monday at night, they to her knowledge lay together in one chamber; she seeing the earl go into the said chamber undressed and ready for bed; and she verily believes they did lie together in the same bed those two nights, for that she knows there was but one bed in the said chamber. That before Christmas last the said lady Frances lying at Salisbury-house in the Strand, the earlriage to the earl, and hath seen the earl and she caine thither and went into the chamber where lady Frances was in bed, and went to bed to her, and there was no other bed in that chamber; and this deponent heard the earl and lady Frances talking together a good part of that night, The DEPOSITION of Frances Britten, Widow, taken to the Libel. That she is aged about 55 years, and hath known both the parties respectively from their infancy.-To the 4th Art. That the deponent having oftentimes occasion of business with the lady Frances, hath come to her since her mar dine and sup together as man and wife: That between Michaelmas and All-hollantide was three years, this deponent coming to lady Frances's lodging at Hampton-Court early in the morning, she was brought into the bed chamber, where she did see them in naked bed domestick servants of lady Frances; aged about 24 years. together; as likewise she did at lady Frances's | The DEPOSITION of Anne Jaconim, one of the lodg ng at Whitehall: 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 Jady Katharine tuli 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-bath cohabited at bed and board with the said ton-court, as is before mentioned, after the earl and lady Frances were risen, the lady missing a pendant ruby that usually hung at the ring in her ear, desired this deponent to look for it in the bed. That thereupon she and the lady's chamber-maid turned down the bedcloaths, and there they saw the places where the earl and lady lrad 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 Ait. 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 Ler to answer. The DEPOSITION of Catherine Dandenell, one of the lady Frances's domestick servants; aged about 16 years. lady Frances at White-hall, Chartley, Tilt-yard, and other places: Hath often seen them lie together naked in one and the same bed, and at Salisbury-house in the Strand, since Christ nas last. In her examination on the opposite side, deposeth as the last witness did. The DiгOSITION of Thomas Bamforde, yeɔman; aged about 40 years. Hath known the lady Francis by sight about five years, and the carl 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 commonly thought amongst the servants of the said house. His Examination 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 ther, and wisheth the victory in this sut may go according as the equity of the cause requireth. 4th Art. Answers negatively, 5th Art Came on request of lady Frances, no compelled. 6th Art. Refers himself to his former deposition. 7th and 8th Art. Not concerned to answer. The DEPOSITION of George Powell, gent. aged about 36 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,ways her father's at Awdley-end in Essex, and remained there all that summer, whither the cail 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 seen Jath known the parties in difference about then so over night, and had found them toge-three years. To the 1st, 2d and 3d Art. Canther 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. not depose. 4th Art. Says, That he served the earl and lady Frances from May 1609, to 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 at Whitehall, Greenwich, and in their progress attending the king and queen, at Kensington, 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 lie together in one and the same naked bed. That this deponent hath from time to time seen their servants put them to bed together; and that he hath come to their 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 called into their lodging-chamber at Greenwich in a morning, saw them in naked bed together. ing this suit, he favoureth the parties alike, is 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 negatively. 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 deposition. 7th and 8th Art. Not concerned to an His Examination on the other Side. 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.-swer. 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 don, merchant; aged near 60 years. Hath known lady Frances about ten years, and the earl of Essex for about seven. To the 1st Art. Says, The earl and lady Frances were in Christmas time, other seven years since last Christmas, or seven come Christmas again, to his knowledge married together in the chapel at White-ball, for that this deponent was piesent 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. His Examination on the other side. To the 1st Art. Hath already spoken. 2d Art. Answers negatively. 3d Art. Favoureth both the parties in this suit alike, is most in the plaintiff's company: And wisheth they were come to an agreement. 4th Art. Answers negatively. 5th Art. That he came on no compulsion, but was requested by sir William But ton, on behalf of the lady Frances. 6th Art. Refers himself to his depositions made to the 4th Art. of the libel. 7th and 8th Art. Not concerned to answer the same. The DEPOSITION of Benjamin Orwell, one of the domestick servants of the lady Frauces; aged above 17 years. 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 present at the solemnization of the pretended above 13 years of age at the time of the said marriage. 2d Art. That lady Frances was marriage, and is now above 22 years old. 3d Art. That at the time of the marriage the earl was above 14 years of age, as the deponent his age, report; and is now above 22 years old. hath heard his friends, who were likely to know That to that time and since, the earl was, in the judgment of men, of good health and strength of body, except at two several times, ague; and was likely to be able to have the when he was sick of the small-pox and an this deponent could judge. 4th Art. Knows carnal knowledge of a woman, for any thing that after the earl was come to the age of 18 years, he and lady Frances kept company, and lay together as man and wife, for three whole years hath seen them in bed together sometimes. 5th and 6th Art. That notwithstanding the premises, the earl never had any carnal knowledge of lady Frances, nor never could, as the earl hath confessed to the deponent. 7th 8th and 9th Art. Believes these Articles to be true. 10th Art. That the earl, in this deponent's hearing, confessed divers times, in several companies, that he hath done his endeavour to have carnal knowledge of lady Frances, and yet never could. 11th Art. Believes this article to be true. 12th 13th 14th and 15th Art. delegates. 16th Art. Says his above DeposiRefers himself to the register of the court of tions are true. The DEPOSITION of the right hon. Katherine countess of Suffolk; aged about 47 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 contiuuTo 1st, 24, 3d Art. Deposes they are true. ally attended on lady Frances at Kensington, 4th, 5th, 6th, 7th Art. Believes to be true. Chartley, the lady Corbett's, countess of Lei- 8th Art. Deposes to be true of her knowledge. cester's, lord Knowles's; and in all those 9th Art. Believes to be true. 10th Art. Hath places the earl and lady Frances cohabited to-heard it reported, and believes it to be true. gether as man and wife, and, as it was said by 11th Art. Believes the same to be true. their attendants, did commonly lie together in Art. &e. Concludes as the earl of Suffolk. 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. 14th 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 |