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
under Gods favour we shall comfortably enjoy the same to us and our posterity for ever Next to Religion and peace with God we will Remember that Universal peace of State both at home and abroade which under your Christian and prudent Government we enjoy whereof we have the less reason to doubt any interruption when we behold the Greatness and reputation of your Majesties power and the goodness and Excellency of your Royal disposition whereof the latter is not like â—o give the cause or occasion and the â—ormer is likely to abate the Courage â—nd forces of any hostile attempts And â—astly we cannot but with unspeakable â—oy of heart consider of that blessing which having respect to later times in â—his state is rare and unwonted which â—s the blessed fruit and Royal Issue of â—ingular towardness and comfort which God hath given your Majesty with â—reat hope of many the like these being â—ndeed as arrows in the hand of the Mighty able to dant your Enemies â—nd to assure your loving subjects and â—o safe-guard your Royal person and to sheild and protect each other and to be a pledge to us and our posterity of future and perdurable felicity The benefits and blessings dread Soveraign amongst many others as we gladly acknowledge to your Majesties great honour and our great comfort So nevertheless having upon mature advice concluded to present to your Majesty a gift in proportion and speed of payment exceeding all former presidents of Parliament and the times of Peace considered we do further think fit to add and express those reasons special and extraordinary which have moved us hereunto lest the same our doing may be drawn into President to the prejudice of the State of our Countrey and our posterity A first and principal reason is thaâ— late and monstrous attempt of that cursed crew of desperate Papists to have destroyed your Excellent Majesty the Queen and your Royal Progeny together with the Reverend Prelates Nobility and Commons of this Land â—ssembled in Parliament to the great confusion if not subversion of this Kingdom the barbarous malice in â—ome unnatural subjects we have â—hought fit to check and encounter with the certain demonstration of the â—niversal and undoubted Love of your Loyal and Faithful Subjects not only for the present to breed in your Maâ—esty a more confident assurance of our uttermost aides in proceeding with a princely resolution to repress them and to furnish your Majesty against hostile attempts both by Sea and Land out also for the future times to give â—heir Patrons and partakers to understand that your Majesty can never want in this Kingdom meanes of defence of your rights revenge of your wrongs and support of your estate A second reason is that memorable benefice wherewith it hath pleased the Divine providence in great grace and favour to bless this Nation in your Majesties person by addition of another Kingdom whereby both ancient hostilities are quite extinguished and all footing and approaches of any For rainer in this Island are excluded and your Majesties other Dominions the more secured which happy event was nevertheless attended with sundry rare and necessary circumstances of charge now at your Majesties first entrance and setling such as the like hath not been in former times nor is like to be in suceeding ages A third and most urgent reason is the great and excessive charge which the unnatural Wars of Ireland newly finished before our late Renowned Queens decease did necessarily impose upon your Majesty by drawing with it a long traine of after expences even in your Majesties time till the peace thereof were throughly setled and assured which Kingdom is now since your Majesties time become in the vastest Province thereof capable of the plantation of Religion Justice Civilty and Population and may in longer time arise to be a most profitable and opulent member of your Imperial Crown A fourth reason ariseth from the great contentment and joye which we have in the remembrance of your Majestiâ— most gracious disposition to the good of your people testified as well at your first entrance into this Kingdom by your Princely care you took out of your own Royal mind to free them by your Proclamation from any burdens of Monopolies and other unlawful things which then remained in use as also of late your comfortable messages sent unto us dureing this Session of Parliament purporting the continuance of like gracious intention towards them where just occasion of grief should appear which joye of ours hath bred a desire in us to express in more then ordinary manner our extraordinary and humble thankes unto your Majesty for the same and to make it appear on our parts that we will at no time omit any Testimonies of Love and Duty toward your Majesty that may procure or deserve the perfecting and accomplishing of so Princely a work so well begun of Grace and favor towards us it being far from our dispositions to entertain any such unthankfulness into our hearts as not chearfully to assist with our goods and substance and all other duties of Subjects such a Soveraign by whom we find our selves so tenderly regarded Thus Gracious Soveraign out of those extraordinary Reasons and considerations as also out of our great Love and affection towards your Majesties person vertues and felicities we do with all humble and chearful affections present to your Majesty three subsidies and six Fifteenths and Tenths and we do most humbly beseech your Majesty that it may be enacted by Authority of this present Parliament in manner and form following Anno. Dom. 1605. An. Reg. Jac. 3. The Declarations of the opinions of the Non-conformists as it was delivered to King James himself on their behalf in the third year of his Reign 1. WE hold and maintain the same Authority and Supremacy in all causes and over all persons Civil or Ecclesiastical granted by Statute to Queen Elizabeth and expressed and declared in the Book of Advertisements and Injunctions and in Mr. Bilson against the Jesuites to be due in full and ample manner without any Limitation or Qualification to the King and his Heirs and Successors for ever neither is there to our knowledge any one of us but is and ever hath been most willing to subcribe and Swear unto the same according to form of Statute And desire that those that shall refuse the same may bear their own iniquitie That 2. We are so far from Judging the said Supremacy to be unlawful that we are perswaded that the King should sin highly against God if he should not assume the same unto himself and that the Churches within his Dominions should sin damnably if they should deny to yield the same unto him yea though the Statutes of the Kingdom should deny it unto him 3. We hold it plain Anti-Christianism for any Church or Church-Officers whatsoever either to arrogate or assume unto themselves any part or parcel thereof and utterly unlawful for the King to give away or
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
Palatinate which before â—ad been assumed as a divided Article â—ight now go hand in hand and to that effect he left the power of Desponâ—atories with the Ambassadors which was afterwards restrained and renewed and finally revoked as the confident or cold Answers out of Spain did require And this is the substance of that Negotiation The other particulars delivered in Parliament how they said and unsaid promised and denied remembred and forgot and plaid fast and loose at their pleasures and what indignities they put upon us I take no more pleasure to repeat than I did to suffer It sufficeth that by this which is said the Questions propounded by the Informers are answered First who they were that gave the first cause of distaste Secondly whether the Complaints against the King of Spain be true Thirdly whether thâ— King of Spain did desiâ—e to give satisfaction to the Prince And Fourthly whether he did faithfully endeavour the Marriage And if in any of these points any scruple doth remain for thâ— perfect discovery of their intentions anâ— proceedings the Letters produced by the Conde D'Olivares and read in Parliament will justifie my Report being as it were a Manifest from that King and his Councel that they never intended the Match nor held it lawfuâ— or convenient for that State and the King therein requiring some other way to be found to give without the Match contentment to the Prince whereby I make as little doubt of that Kings own Royal disposition and affection towards the Prince for all personal respects as I do of the insincerity of his Ministers in all their proceedings In the rest of my Indictments the Interrogatories which followed concerâ— for the most part my Behaviour toward the Prince whereunto I will not answer by Recrimination tho' I have a â—ge field nor by way of Defence â—d for these Reasons First in Persons â—hich they now I then did instance â—e reflexion of our faults upon the hoâ—ur of our Masters maketh the pubâ—â—hing as offensive as the Facts Seâ—ndly by giving Answer unto them â—at Charge but by Reports I shall â—eak my Duty to the Prince who â—est knoweth the Truth in these things â—ey object and if there had been cause â—ould have called me to an account â—nd Thirdly my purpose is not as I â—id to Apologize further than may â—ncern the interest of that Cause which â—rough my sides they have laboured â— wound For my self I know well â—at I shall stand or fall in the opiniâ—ns of wise men neither by the slanâ—ers of any be they never so great or by my verbal Justifications be they ever so confident but rather by the â—ctions and Carriage of my Life my â—irth Breeding and Fortune which â—ay happily raise me above base Imâ—utations and also give hopes of Aâ—endment if in ought I have done amiss As for the Conde D'Olivarâ— when he chargeth me with breach â— Faith towards him I will make hiâ— such Answer as may give him just coâ—tent And for revealing the Secreâ— Treaty for Holland I did it not witâ— out leave from the Prince nor till might appear that it was entertaine on our parts but for the Discovery â— the advantages they sought And this is all the Answer I wiâ— make to these unworthy Reproache raked out of the Channel to be caâ— in my Face only to Disfigure mâ— and then serve their turns with me iâ— what shape they please And so having used me as I said for theiâ— Stalking-horse from under my Shadow to shoot at other Games theâ— tell me they wish me well and turâ— me off to Grass yet in requital of theiâ— favour I will give them this Advicâ— before I go That the best way foâ— them and me to do the Christian worlâ— good which they seem to desire is tâ— persuade our Masters to moderatioâ— and peace and not to busie our selveâ— â—ith malitious aspersions upon the Aâ—ions of Princes or Parliaments or â—overnments wherein we have no skill â—or which fault of theirs I presume their â—ommission giveth no warrant And â—o ' my Master should think it punishâ—ent enough for them thus to dishoâ—our themselves and justifie mens comâ—aints against their unthankfulness â—alice where they have found so much â—espect yet let them take heed lest â—â—me occasion may not fall out to move â—heir own Masters to question them â—r this scandalous example which â—annot but reflect upon his own Goâ—ernment and State as having no preâ—edent in any former time Transcribed from the Original written with Sir Edward Coke Lord Chief Justice his own hand FINIS Books newly Printed for W. Crook at the Green Dragon withouâ— Temple-Barr THE Moors Baffled being a Diâ—course concerning Tangier especially when it was under the Earl â— Teviot by which you may find whaâ— Methods and Government is fitest tâ— secure that place against the Moorâ— Written by a Learned person long râ—sident in that place 40 6d Thomae Hobbes Angli Malmsburiensâ— Vita being an exact account of Mâ— Hobbes of the Books he wrote and thâ— Times and Occasion of their writing Of the Books against him and the Authors Of his Conversation and Aâ—quaintance being a full Account â— his whole Life part wrote by him seâ— in Latine the rest by Dr. N. B. in 8 price 5 s. The Institution of General History Oâ— The History of the World In two Vâ—lumes in Folio By Dr. W. Howell Chaâ—cellor of Lincoln Historical Collections of the Four laâ— Parliaments of Queen Elizabeth Bâ— Haywood Townsend Esq