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A34331 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. England and Wales. Sovereign (1603-1625 : James I) 1681 (1681) Wing C5882; ESTC R2805 57,942 188

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they assail me in my Strength and shall find my Deeds as ready and confident Justifications as my Words But it is not my Faith or Aspiring they here would bring in doubt they have a further Strain For as before they made my Name a Fume to disquiet the Head now they make it a Poyson to carry Infection into the Body For What is the Parliament but the Body of the Kingdom And why do they stain it with the hateful Name of Puritan but to make it odious to the King Indeed such Names help the Jesuits in Disputes of Religion when they are driven from all real Defences and would they practice this deplo●able Art in the Matters of State if they were not in his Case that called Christ Galilean when he was vanquished by his Power For who knoweth not the Upper House of Parliament consisteth of all the Pre●ates and Peers and the Nether House of near 500 Knights and Burgesses Elected and sent out of all Parts of ●he Kingdom And are all these Pu●itans Do my Plots receive better En●ertainment amongst them than with ●he Council of State And doth this re●roachful Comparison honour or dis●onour those Able and Wise Men who are here presented to be well ●ffected to their Cause but their end ●as no Man's Honour It was to break ●he Parliament by setting Faction a●ongst the Members of both Hou●es as well as with the Head and their ●and is most evident in misrepresenting the Case For where they say that almost every one of the Council both liked and allowed of the Propositions of the Catholick King and found therein no Cause to dissolve the Treaty They conceal that the Proposition was then made for the Palatinate alone supposing the Treaty of the Marriage should proceed And in that Case it migh● seem reasonable to very Wise Men● that the other Treaty should not b● broken off But in Parliament where both Parties come in Question together not one of those Able and Wise Men for they were all Member● of the one House or the other dissented from the Council of dissolving them both The Altars of Provocation may then be objected to Worshippers of Saints or to them that appeal to their Idol at Rome and no● to Us who acknowledge no Sovereign upon Earth but our King to whom both Council of State and Parliament yield Odedience in all things How then may it be said tha● the Parliament is now above the King Or how can they hope that such shameless and impious Suggestions can make a prudent and good King jealous and doubtful of a most obsequious and dutiful People Especially at this time when it may truly be said That the Spirit of Wisdom in the Heart of the King hath wrought the Spirit of Unity in the Hearts of his Subjects which made the Success more happy than former Parliaments have had And this indeed is the matter which the Devil and they storm at For who can doubt that they and their Faction cannot endure without much trouble of Mind as they confess to see the weightiest Affairs and of greatest Moment to be now referred to the Censure of the Parliament when their fair Promises and Pretences can no longer prevail Yet let them tell us what greater and more Honourable Senate they have seen in Spain or elsewhere Besides Do not the very Writs for the Summons of Parliament express That is for the great and weighty Affairs of the Kingdom And have not our greatest and wisest Kings heretofore referred Treaties of Leagues of Marriages of Peace and War and of Religion it self to the Consultations of their Parliaments Those then that take upon them to undervalue this High Court do but expose their own Judgments to Censure and Contempt not knowing that Parliaments as they are the Honour and Support so they are the Hand-maids and Creatures of our Kings inspired formed and governed by their Power And if Charles the Fifth o● France by his Parliament of Paris recovered a great part of that Kingdom from this Crown and if Succeeding Kings there by the Assistance of that Court redeemed the Church from the Tyranny of the Pope We have no cause to doubt that our King by the Faithful Advice Assistance and Service of his Parliament shall be able both to recover the Palatinate which they here make so difficult and to protect our Neighbours and Allies and either to settle such a Peace as we really desire or to execute such Vengeance as God's Justice and their Sins shall for their Ambition assuredly draw upon them But they proceed and tell the King that it is said I have propounded many things to the Parliament in his Name without his Advice or Consent nay contrary to his Will And is not this to abuse the Ears and patience of a Prince to tell him many things are said and yet neither specifie the Matters nor the Men Or is not this to dally with my Name by Hear-says when with a harsh and incoherent Transition they suddenly fall upon ●he Prince who is the next true Mark their Malice shooteth at And when Malice it self cannot but acknowledge his Ingenuity and great Gifts and that in all things he shew●th himself an obedient and good ●on yet these Attributes they will ●eeds qualifie with a Nevertheless which cannot charge me as with a ●ault that I am confident in his Favour Or that I therefore despise all men to which Vice of all other my Nature is least inclin'd but indeed taxeth the Prince at least with participation of my ill Intentions by suffering me to make those persons subject to my Will which are most conformable to His. Whom they mean I know not but pray God that those Men they thus recommend to his Highness's neare● Trust prove not more dangerous to his Person than I have hitherto been refractory to his Will But having shot this Bolt they come back again to me as to their Stalking-horse to chuse a new Mark. And first for a preparative to the Prince Attention they wish that my Action were directed to his Good Then t● give at least some Varnish to thei● Work they tell him that good me believe meaning such as believe the● with an implicite Faith that I wh● have imbroiled the Match with Spain will not be less able to break any other his Highness should affect i● which Speech if a Man will dive t● the Bottom of their Malice he must descend into Hell But for the Match with Spain can any man believe that his Majesty sent his Son that he went in Person that he both trusted Spain so far and did that Kingdom so much Honour and yielded to such Conditions or that I underwent that Hazard and Charge and pressed their King importuned his Favorite and Council and subjected my self to so many Indignities or that so great a Fleet even into their own Ports with Minds to interrupt or embroil or not rather to remove all Impediments to ●asten the Marriage and to bring ●ome
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 red●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 th●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 Ju●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 ●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 w●cked Erours Heresies and Blasphemous Opinions holden affirmed and published by the said Bartholomew Legatt and ch●ifly in these thirteen Blasphemous Pos●●ons following viz. That the Creed called the