Lord Treasurer the Lord Privy-Seal and the Lord Stanhope and by the Lord Popham Lord Tanfeild Sir Thomas Hesktâ— Serjeant Dodridge and Mr. Stephens The land allotted the Lady being sold for 7800 l. with 6500 l. thereof Barne-Elmes was purchased but Sir John being trusted by the Lady to go to Mr Stephens to draw the Conveyance went to other Councel and in the Clause where it should be freely at the Lady's disposal solely without Sir John â—he caused to be inserted these words that the Lady should have power to convey the same to such intents and purposes as by the said Elizabeth solely and without the said Sir John Kennedy by writing under her hand and Seal enrolled should be limited and appointed wherein besides the contradictoriness of the sense he caused in that Deed delivered the Lady the more to blind her Eyes Enrolled to be rased and made Indented Deed. 31. December 3d. Jac. 8. And after the rasure was found out then by his Deed Dat. 2. July 4. Jac. he the said Sir John did limit power to the Lady by her Deed Inrolled or not Inrolled to limit Uses The Lady hath been a suiter two Years if Sir John for saving his own credit will not confess matter to make a Divorce then that in course of Justice she may be admitted to her proof which for that it concerneth matter of state as is suggested she is denyed 1. And therefore she hopeth it is â—ut the same Equity to stay his proceedings touching her Estate against her or her Feoffees in Course of Justice considering it is not by her laches that the Marriage is not disproved until both the said causes having a dependency one upon another may be handled at this Board 2. The Course of Conveyance by Feoffees was by Honourable Personages grave Judges and learned Lawyers directed when the Lady was supposed the true Wife of Sir John and they held in Law and Equity sufficient and now à fortiorè it should be more sufficient she being none of his Wife if she may be admitted to proofs 3. Sir John hath already advanced himself by the sale of the Ladys Estate over and above the Purchase of Tonbridge which cost 8500 l. wherein he hath a Joynt Estate of Inheritance and all her Debts that he hath Paid 7700 l. 4. If the Course propounded at this Honourable Board shall not hold then will the Lady never assent to sell and so shall the Debts of the Lady before Marriage now resting unpaid being 2207 l. and Sir John's own Debts rest unsatisfied to the oppression and clamour of many poor men and the King still troubled with renewing his protections 5. If Sir John should proceed in Course of Justice and that the Conveyance made to Feoffees should not be held sufficient and strong enough to convey the same to the Lady yet Sir John can have but the profits thereof being but 300 l. and not that clear which is not able to pay half the Use of the Money 6. Besides before any Suite began the said Manner of Barne-Elms was for Valuable Consideration of money lent mortgaged and now resteth forfeited for non-payment of 2000 l. Whether an English Jurisdiction may disannul a Marriage made in Scotland A. B. a Scotch man in a Parish Church in Scotland publickly in the presence of the Congregation Solemnizeth Marriage with a Scotch-woman About six or seven years after the said Marriage the Scotch woman pretending that at the time of her Marriage she was but ten years old or at the most under twelve before certain Competent Judges in Scotland procureth a sentence of divorce to be given against the said A. B. whereby the Marriage between A. B. and her was promounced to be void and of no force and that she was at liberty to marry again to any other upon this ground that she was under twelve years of Age at the time of her Marriage and that she never consented thereto after she was twelve years old nor had Carnal knowledge from the said A. B. from which sentence no Appeal or provocation was made Afterwards the said A. B. coming into England did solemnize Marriage with an English Woman the Scottish Wife being then living after which Marriage the said A. B. and the English woman for certain years Cohabited together here in England as Man and Wife the said English woman being Ignorant of the Premises done in Scotland during the time of her cohabitation with the said A. B. the Scottish woman dyeth after whose Death the English woman being certified that A. B. had another Wife living when he married her so as he could not be her lawful Husband at the time of her Marriage the said A. B. and she dwelling both in England she refraineth from the company of A. B. and complaineth to the Eccleastical Judges in England haveing Jurisdiction in the place where the said A. B. and she dwelleth and craving Justice offereth to prove that the said A. B. and the said Scotish woman were lawful man and wife and after the said Marriage had Carnal knowledge of each other and that they cohabited together as man and wife five or six years after she was twelve years of Age admitting she had been under that age at the time of her Marriage and desireth to be admitted Judicially according to the ordinary course of Law to alleadge and prove her aforesaid assertions before the said Judges and upon proof thereof to have sentence for the nullity of her own Marriage according to Justice It is objected on the behalf of A. B. that she ought not to be admitted thereto for these causes viz because the Marriage with the Scottish woman was solemnized in Scotland the sentence of Divorce was given in Scotland by the Judges there where the Judges of England have no Jurisdiction nor Superiority over them that there was no appeal or provocation from that sentence that it was given by the Judges of an high Courtin Scotland from whence no appeal lyeth and that if the English womans Marriage should be proved void here in England the Justice of the Realm of Scotland may thereby seem to be taxed The Question is whether the Ecclesiastical Judges or Judge haveing Jurisdiction in the place in England where the said A. B. and the English woman dwell be competent Judges and may and ought at the Petition of the English woman to hear and determine this Cause of nullity of the Marriage between her self and A. B. notwithstanding the former objections We are of opinion without any doubt that the Ecclesiastical Judge haveing Jurisdiction in the place in England where the said A. B. and the said English woman dwell may and in Justice is bound at the Complaint of the said English woman to hear and determine the said Cause concerning the validity of her said Marriage and to pronounce the Marriage between her and A. B. to be void if she prove before him the matters by her alledged notwithstanding the aforesaid objections
THE Connexion BEING CHOICE COLLECTIONS OF SOME PRINCIPAL MATTERS IN King JAMES his Reign Which may serve to supply the Vacancy betwixt Mr. Townsend's and Mr. Rushworth's Historical Collections LONDON Printed for W. Crook at the Green Dragon without Temple Bar 1681. AN ADVERTISEMENT OF THE Collector WHo ever you are or of what Quality you be that this Connexion comes to the â—ands of there is no need of an Auâ—hor's begging your Favour for without an Apology if the seriâ—us and deliberate Results of a Wise King by his Parliament and by his Privy Council with the Learnâ—d Discourses of some Great men in that time such as the Duke of Bucking ham Sir Francis Bacon c. without Reflections Annotations Observations c. will not please am sorry for it yet I will give thâ— reason of the Publication of this viz. There being an Historical Collection of the last Parliaments oâ— Qu. Elizabeth by Mr. Heywooâ— Townsend which Ends before thâ— beginning of King James his Reignâ— and Mr. John Rushworth beginâ— his Historical Collections so late iâ— the said King's Reign that therâ— is nigh twenty years space betwixâ— them of which time nothing of History is in Print in this Method And although Wilson and Saunderson have both wrote that Great King's Life yet neither of them have reported Matter of Fact in this manner You have these Collections as â—hey came to my hands from several â—areful Collectors of Choice Things And truly I was in hopes I should â—ave got more relating to that time â—ut I found these so difficult that I â—ave over the farther search and â—ielded to the desire of some that â—ad seen them to let them go as â—hey are THE CONTENTS AN. 1. Jac. Reg. A Proclamation bâ— King James to Repress all Pyrâ—cies and Depredations upon the Seâ— wherein Rules and Articles are set foâ— the prevention of Sea Rovers and Pyrates An. 2. Jac. A Proclamation of the Revocation of Mariners from Foreign Services and to prevent them turning oâ— Pyrates and to hinder Acts of Hostility to be committed on the Coasts of England An. 3. Jac. An Act of Parliament for the granting of three intire Subsidies and six Fifteenths and Tenths granted by the Temporality to his Majesty with the Reasons why granted shewing the great Advantage his Majesty hath been to the Kingdom â—ac The Declaration of the Opinions of the Non-conformists as it was delivered to King James in the third year of his Reign â—ac A Proclamation by King James with Rules to prevent Pyracies â— 7. Jac. A Proclamation of King James touching Fishing â— 8. Jac. The Case of Sir John Kenneâ—da and his Lady shewing the Contract â—in Marriage â—ac Vpon the Case of Sir John Kenâ—eda whether an English Jurisdiction may disannul a Marriage made in Scotland â—ac Certain Points of Law and Reaâ—on whereby it may plainly appear that â—he Question between the Lady Kenneda and Sir John concerning the Validity of their Marriage may and ought by ordinary course of Law be heard and determined before the Ecclesiastical Judges in England who have Jurisdictions in the Places where they do both dwell Whereupon the Civilians have grounded their Opinions given in this Case to that Effect 9 Jac. The Commission and Warrant foâ— the Condemnation and burning of Baâ—tholomew Legat who was burnt iâ— Smithfield in London for Hereticâ— Opinions 9 Jac. The Commission and the Warranâ— for the Condemnation and burning oâ— Edward Wightman of Lichfield witâ— an Account of his Heretical Opinions 14 Jac. An Order of the King 's Privâ— Council sent to the Peers of the Realm for the Tryal of the Earl and Countesâ— of Somerset for the poysoning of Siâ— Thomas Overbury 14. Jac. Sir Francis Bacon's Speech aâ— the Arraignment of the Earl of Somerset 14 Jac. King James his Pardon to Frances Countess of Somerset for poysoning Sir Thomas Overbury 19 Jac. An Order of the Privy Council 22 Jac. His Grace the Duke of Buckingham's Answer to the Scandals of the Marquess of Inoiosa the Spanish Ambassador wherein his Abusive Reflections are wip'd off CHOICE COLLECTIONS IN King JAMES His Reign Anno Dom. 1603. in An. Reg. Jac. 1. A Proclamation by King James to repress all Pyracies and Depredations upon the Sea wherein Rules and Articles are set for the prevention of Sea Rovers and Pyrates THE Kings Majesty being certainly informed through the manifold and daily complaints made to his Highness as well by his own Subjects as others of the continual Depredations and Pyracies committed on the Seas by certain lewd and ill disposed persons and finding that the ordinary proceeding held of late times for the suppressing of these enormities and offences have wrought less Reformation than was expected In his Princely care to preserve Justice as one of the main Pillars of his Estate and for the speedier suppression of all such Pyracies and depredacious Crimes most hateful to his mind and scandalous to his peaceable Government and for the better continuance of Amity with all other Princes and States hath with the advice of his Privy Council for the speedy prevention or severe punishment hereafter of such foul crimes and pyracies set down certain Articles hereunto annexed which his Highness commanded all his Officers whom it may concern of what degree soever to see duely executed wherein if any manner of person shall be found culpable or wilfully negligent contemptuous or disobedient his Majesty declareth hereby that punishment shall be inflicted upon him or them with such severity as the Example thereof shall terrifie all others from committing any so odious crimes or contemptuous Offences First That no Man of War be furnished or set out to Sea by any of his Majesties Subjects under pain of death and confiscation of Lands and Goods not only to the Captains and Mariners but also to the Owners and Victuallers if the Company of the said Ship shall commit any pyracy depredation or murther at the Sea upon any of his Majesties Friends Item That if any person whatsoever shall upon the Seas take any Ship that doth belong to any of his Majesties Friends and Allies or to any of their Subjects or shall take out of it by force any goods of what nature or quality so ever he or they so offending shall suffer death with Confiscation of Lands and Goods according to the Law in that Case provided Item That all Admiral Causes except the Causes now depending before the Commissioners for Causes of depradations shall be summarily heard by the Judge of the High Court of the Admiralty without admitting any unnecessary delay Item that no appeal from him be admitted to the Defendent or Defendents in causes of Depredation either against the offenders or their Accessaries before or after the offence committed or those in whose possession the Goods spoiled are found unless first by way of provision the sum adjudged be paid to the Plaintiff upon Sureties to repay it if the Sentence shall be reversed Item that no prohibition in such
Neither can the Justice of Scotland be thought to be Impeached thereby though upon sufficient proof made before the Judges here in England which was not made before the Judges in Scotland he giveth a Sentence which may seem repugnant to the Sentence given in Scotland Anno Dom. 1610. An. Jac. Reg. 8. Certain Points in Law and Reason whereby it may plainly appear that the Question between the Lady Kenneda and Sir John Kenneda concerning the validity of their Marriage may and ought by ordinary Court of Law be heard and determined before the Ecclesiastical Judges in England who have Jurisdiction in the places where they both dwell whereupon the Civilians have grounded their opinions given in this Case to that effect FIrst by Law and Reason there can fall out no Question or controversie between any Persons inhabiting in any Civil Common-wealth or State but the same must be decided by some Competent Judge or Judges who ought to have Authority to hear and determine the same or else there must needs ensue confusion and horror Secondly when any controversies happen between any Persons proceeding of any Contract whatsover and that require a Determination or ending by Judgment wheresoever the Contract was made Those Judges are by Law the Competent Judges to hear and determine that controversie who have Jurisdiction and Power in the place where both the parties or party defendent dwelleth to hear and determine Causes of that Nature Thirdly If there fall out any controversie between any two Persons the Defendent cannot be compelled to appear to answer the Plantiff but before the Judge of the place where the Defendent dwelleth and especially if the Plaintiff himself dwelleth under the same Jurisdiction Fourthly In all causes where there may ensue Peril of Soul and continuance of sin the Judge of the place ought of his Office to enquire thereof and redress the same though no man complain thereof Whereupon it followeth that the Ecclesiastical Judges here in England who have Authority to hear Causes of Matrimony are the competent udges and have poâ—er to hear and determine this matter of the lawfullness or unlawfullness of the Ladies Marriage and the rather for that the Ladies Marriage which is the Principal matter in Question was made and solemnized here in England If it be objected That because that Point whereupon the validity or invaliâ—ity of the Lady Kenneda's Marriage â—ependeth viz the Marriage between Sir â—ohn and Isabel Kenneda is already adâ—udged by a definitive Sentence long â—ince from which there hath been no Appeal or provocation and therefore it must barr the Lady We answer alâ—hough in causes of other Nature where no danger of sin might ensue though the sentence were against the Truth if a sentence be once lawfully given and not Appealed from in due time the matter cannot be called in question again Yet where a sentence is given to dissolve or annul a lawful Matrimony that sentence may at any time though never so long after be called in question and reversed whensoever it may be made to appear that the truth is contrary to that sentence and that may be done even by the party himself who obtained that sentence and therefore not only Sir John Kenneda but Isabel her self might have reversed that sentence proving the same was given by error Much less shall the Lady who was not Party to that suite be thereby debarred from proving the Nullity of her Marriage being a distinct cause from that And the reason of the difference between a sentence against a Matrimony and a sentence in another Cause is because in other causes where no fear is of sin or peril of soul to ensue the Parties may may by their agreement make what end of the business they list by Composition or other ways and therefore if they do not appeal from the sentence given against them they are thought by the consent to confirm the same but because a Marriage by Gods Law cannot be disolved by the agreement or consent of the Parties no sentence threin given against a Marriage contrary to the truth by error can by the Parties agreement be confirmed lest if it should be otherwise thereby they might by colour of the erroneous sentence marry other persons and live in Adultery Nay more if the Parties themselves thus erroneouâ—ly divorced contrary to the truth would hold themselves contented with the sentence If either of them marry any other person or they both live incontinently with other persons the Judge of that place where they inhabit may and ought of his own Office to inforce the Parties so by errour divorced to live together again as man and wife and seperate them from their second Spouses If it be objected that the sentence was given in another Country where the Judges of England have no jurisdiction and in an high Court from whence there lyeth no Appeal and that the Judges of England have no superiority to call their sentences in question and that herefore the Lady cannot call that divorce in question here We answer that the Principal cause in this case of the Ladies is not to reverse or call in question the sentence given in Scotland but the principal cause here is whether her Marriage made in England with Sir John be of validity or no for that as we say Sir John had another Wife living viz. Isabel Kenneda at the time of her Marriage without any mention to be made by the Lady of any sentence of divorce given in Scotland this Question of Divorce is brought in but incidently by Sir John in this Cause and also vainly and impertinently if it can be proved that the truth is contrary to that sentence For that sentence is in Law meerly void and cannot barr the Lady for the reasons before alledged and for that Ecclesia was decepta in giving of that sentence now when a sentence which is void in Law and especially against a Marriage is called in question but incidently before any Judge whatsoever though an inferior in a cause that doth principally belong to his jurisdiction That Judge may take knowledge of and incidently examine the validity of that sentence whether it were good or no by whom and wheresoever that sentence was given tho he were never so superior a Judge not to the end to reverse or expresly pronounce that sentence to be void or not void but as he findeth it by examination of the Cause to be good or void so to give sentence accordingly and determine the cause Principally depending before him without ever mentioning the erroneous sentence in his sentence Neither can the sentence given here for the Nullity of the Ladies Marriage upon other matter than was pleaded and proved before the Judges in Scotland although the same sentence had been principally called in question and directly pronounced to be void any wayes impeal the Justice of Scotland for sith Judges in all Courts and causes must Judge according to that which is alleadged and proved before them
what impeachment is it to the Justice of any Judge although his sentence be revoked and and a contrary sentence given by another Judge when the parties between whome the suite is either cannot or through negligence or collusion will not alleadge or make such proof before him the first Judge as they might but afterwards before the second Judge good and sufficient proof is made a matter which falleth out every day here in England in every Civil and Ecclesiastical Court upon Appeal made from one Court to another and the like falleth out in all other Countries and yet the former Judge whose sentence is reversed thinketh not himself any whit impeached of injustice thereby That the absurdities which would ensue may by example more plainly appear if the Law should not be as we say Put this Case a Widdower in the Confines of England towards Scotland marrieth a Wife in a Parish Church publickly in the presence of a hundred Witnesses and afterwards they live together by the space of a year and have a Child at the years end upon some discontentment they both being disirous to be ridd the one of the other the woman in England sueth her Husband to be divorced from him pretending that at such time as he married her he had another wife living and produceth witnesses which prove that he had married another wife before he married her and peradventure make some probable shew that that wife was living when he married his second wife who in truth was dead before as the man could have plainly proved by twenty witnesses if he had listed Notwithstanding the husband being willing to be ridd of his wife either would not plead that his former wife was dead or else would not make any proof thereof Whereupon the woman obtaineth sentence against the man whereby the Marriage between them two by this Collusion and errour is pronounced void from which sentence there was no Appeal or provocation Now within a Month after this Divorce this man goeth into the Confines of Scotland not Ten Miles from the place where he and his divorced wife formerly dwelt and there he marrieth another woman being ignorant of the former wife and Collusory Divorce and there Cohabiteth and dwelleth with her This woman shortly after understanding of the premises and that she could not be his lawful wife but lived in Adultery with him desireth before the Judge in Scotland under whose Jurisdiction they both dwell to be devorced from him and to be delivered from her Adulterous living with him and offereth to prove all the Premises most manifestly were it not now a most absurd and abominable thing that this woman should have no remedy any where but be inforced to live still in Adultery with this man because the sentence of divorce was given by a Judge in England pronouncing the marriage between the man and his second wife to be void whereas it can be most manifestly and apparently proved that the first wife was dead before his second Marriage and so the sentence was given against the apparent Truth And what impeachment of Justice can this be to the Judge in England before whom it was never proved that the mans first wife was dead to have his sentence reversed upon new proofs made before the Judge in Scotland Now between the Ladies Case and this Case there is no difference in truth of matter and point of Law only by reason of the multitude of the witnesses the nearness of the time and place when and where these things in this Case were done the truth whereof may more easily and readily be proved than in the Ladies Cause it can though with more difficulty the cases are all one If any man shall yet doubt whether this cause can be heard and determined by the Ecclesiastical Courts in England it is desired that Sir John's Councel considering the Marriage was made here in England and the Lady and Sir John do both dwell here and by Law Sir John is not compellable to appear in any other place than in England for this matter I would tell before what Judge this matter should be heard and determined for it is to be presumed that when two persons live in Adultery together and so in continual sin and the one of them seeketh redâ—ess and to be freed from that sinful and Adulterous Life no man will say that he or she shall be compelled to live notoriously in Adultery still and have no Judge at all to separate them and remedy this enormity If further doubts be made how where or in what manner proof shall be made in this Cause It is said that this Question doth not concern the Question what Court or or before what Judges the Cause shall be heard and determined But to this it is answered That the Proofs shall be made in such manner as they be ordinarily in all other Cases that is by the answers of the contrary part upon Oath by such witnesses as they can procure voluntarily to come before the Judges here from whence or out of what Country soever they can procure them If they will not come voluntarily then if they be within the Jurisdiction of the Judge and the Party producent think so good he shall have process to compel them to come before the Judge if they dwell so far off as that it will be too chargeable to bring thâ—m before the Judge then a Commission shall be granted to some Commnsioners to examine them near the places where they dwell and this if they dwell within the Judges Jurisdiction but if the witness dwell out of the Juâ—ges Jurisdiction in any other place Realm or Country then the Judge of the Cause may direct requisitory to the Judges of the places or Countries where the witness dwells to intreat them to examine the witness remaining there by their Authority and to send them depositions to the Judge of the Cause Also by the Records of other Courts or any other Instruments or Writings which may any way further the Cause these being the ordinary and usual courses used for makeing of Proof in every Cause every day and will not be denyed by any acquainted with the proceedings in any Ecclesiastical or Civil Courts Anno Dom. 1611. An. Reg. Jac. 9. The Commission and Warrant for the Condemnation and burning of Bartholomew Legatt who was burnt in Smith-feild in London 1611. for Heretical Opinions JAmes by the Grace of God King of England Scotland France and â—reland defender c. To our right Trusty and well beloved Councellor Thomas Lord Elsmere our Chancellor of England Greeting Where the Reverend Father in God John Bishop of London haveing judicially proceeded in a Cause of Heresy against Bartholomew Legatt of the City of London in the Diocess of the Bishop of London concerning divers wâ—cked Erours Heresies and Blasphemous Opinions holden affirmed and published by the said Bartholomew Legatt and châ—ifly in these thirteen Blasphemous Posâ—â—ons following viz. That the Creed called the
overt and apparent Acts that may discover and trace the Offenders but by Poyson the Cup it self of Princes will scarce serve in regard of many Poysons that neither discolour nor distate It comes upon a man when he is careless and without suspicion and every day a man is within the Gates of Death And the last is because it concerneth not only the destruction the Maliced men but of every Man quis modo tutus erit For many times the Poyson is prepared for one and is taken by another so that Men die other Men's Deaths Concidit infoelix alieno vulnere And it is as the Psalmist calleth it Sagitta nocte volans the Arrow that flieth by Night that hath no Aim nor Certainty And therefore if any man shall say to himself Here is great talk of Imposoynment but I am sure I am safe For I have no Enemies neither have I any thing another man should long for Why that is all one he may sit next him at the Table that is meant to be Impoysoned and pledge him of his Cup As we may see in the Example of 21 Hen. 8. That where the purpose was to Poyson one man there was Poyson put into Barm or Yeast and with that Barm Pottage or Grewel was made whereby Sixteen of the Bishop of Rochester's Servants were poysoned Nay it went into the Alms-basket likewise and the Poor at the Gate were poysoned and therefore with great Judgment did the Statute made that Year touching this Accident make Impoysonment High Treason because it tends to the Dissolving of Humane Society For whatsoever Offence doth so is in the Nature thereof High Treason Now For the Third Degree of this particular Offence which is that it is Committed upon the King's Prisoner who was out of his own Defence and meerly in the King's Proâ—ection and for whom the King and State were a kind of Respondent It is a thing that aggravates the Fault much For certainly My Lord of Somerset let me tell you this That Sir Thomas Overbury is the first Man that was Murdered in the Tower of London save the Murder of the two young Princes by the Appointment of Richard the Third Thus much of the Offence now to the Proofs For the matter of Proofs you may consider that Impoysonment of all Offences is most secret even so secret that if in all Cases of Impoysonment you should require Testimony you should as good proclaim Impunity Who could have impeached Liviâ— by Testimony for the poysoning of the Figgs upon the Tree which her Husband was wont to gather with his own Hands Who could have impeached Parasetis for the poysoning of the one side of the Knife she carried with her and keeping the other side clean so that her self did eat of the same Piece of Meat that they did whom she did impoyson These Cases are infinite and need not to be spoken of the Secrecy of Impoysonment but wise men must take upon them in these Secret Cases Solomon's Spirit that when there could be no Witnesses collected the Act by the Affection but yet we are not at our Cause for that which your Lordships are to try is not the Act of Impoysonment for that is done to your Hands All the World by Law is concluded to say that Overbury was poysoned by Weston but the question before you is of the Procurement only and as the Law termeth it as accessary before the Fact which abetting is no more but to do or use any Act or Means which may aid or conduce to the Impoysonment So that it is not the buying nor the making of the Poyson nor the preparing nor confecting nor commixing of it or the giving or sending or laying of the Poyson that did the only Acts that do amount unto the Abettment but if there be any other Act or Means done or used to give opportunity of Impoysonment or to facilitate the Execution of it or to stop or divert any Impediments that might hinder it and that it be with an intention to accomplish and atchieve the Impoysonment All these are Abettments and Accessaries before the Fact As for Example if there be a Conspiracy to murder a man as he journeyeth on the way by Invitation or by colour of some Business and another taketh upon him to dissuade some Friends of his Company that he is not strong enough to make his Defence and another hath a part to hold him in talk till the first Blow be given All these My Lords without Scruple are Accessaries to the Murder although none of them give the Blow nor assist to give the Blow My Lords He is not the Hunter alone that lets slip the Dog upon the Deer but he that lodgeth him and hunts him out or sets a Train or Trap for him that he cannot escape or the like but this My Lords little needeth in this Case For such a Chain of Acts of Impoysonment as this I think was never heard or seen And thus much of the Nature of the Proofs To descend to the Proofs themselves I shall keep this Course First I will make a Narration of the Fact it self Secondly I will break and distribute the Proofs as they concern the Prisoner and Thirdly According to the Distribution I will produce them and read them to use them so that there is nothing that I shall say but your Lordships shall have Three Thoughts or Cogitations to answer it First When I open it you may take your Aim Secondly When I distribute it you may prepare your Answers without Confusion and Lastly When I produce the Witnesses or the Examinations themselves you may again ruminate and read vise to make your Defence And this I do because your Memory and Understanding may not be oppressed or over-laden with length of Evidence or with Confusion of Order Nay more when your Lordships shall make your Answer in your time I will put you in mind where Cause shall be of your omission First Therefore Sir Thomas Overbury for a time was known to have great Interest and strait friendship with my Lord of Somerset both in his meaner Fortunes and after insomuch that he was a kind of Oracle of Direction unto him and if you will believe his own Vaunt being indeed of an Insolent and Thrasonical Disposition he took upon him that the Fortunes Reputation and Understanding of this Gentleman who is well known to have an able Teacher proceeded from his Company and Counsel and this Friendship rested not only in Conversation and Business at Court but likewise in Communication of Secrets of State For my Lord of Somerset exercising at that time by his Majesties special Favour and Trust the Office of Secretary did not forbear to acquaint Overbury with the King's Pacquets and Dispatches from all parts of Spain France and the Low Countries and this not by glimpses or now and then rounding in the Ear for a Favour but in a settled manner Pacquets were sent sometimes opened by my Lord sometimes unbroken