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A28503 A true and historical relation of the poysoning of Sir Thomas Overbury with the severall arraignments and speeches of those that were executed thereupon : also, all the passages concerning the divorce between Robert, late Earle of Essex, and the Lady Frances Howard : with King James's and other large speeches / collected out of the papers of Sir Francis Bacon ... Bacon, Francis, 1561-1626.; James I, King of England, 1566-1625. 1651 (1651) Wing B338; ESTC R10750 59,190 110

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know by what Text of Scripture either by the Old or New Testament a man may have a warrant to make a Nullity of a Marriage solemnly celebrated propter maleficium versus hanc which I doe the rather ask because I finde warrants expressely in the Scriptures to make a Nullity of marriage propter frigiditatem by the words of our Saviour Matth. 9.12 For there be some which are Chaste or Eunuches which are so born of their Mothers belly and there be some which are made chaste of men and there be some which have made themselves chaste for the Kingdome of Heaven I would also know gladly what ancient Father amongst the Greeks or Latines by occasion of interpretation of Scripture or any disputation hath mentined maleficium versus hanc The like I demand touching ancient Councels either General or Provincial and concerning Stories Ecclesiastical whether any such matter be to be found in them If for ought that appeareth never mention was made of this untill Hercanus Rhemesis Episcopus who lived 400. years after Christ it may well be conceived that this was a concomitant of darknesse and Popish superstition which about that time grew to so great an height God permitting them that punishment might fall upon the Children of Unbelief But since the light of the Gospel is now in so great a measure broken forth again why should not I hope that those who have imbraced the Gospel should be free from this maleficium especially since amongst a million of men in our age there is not one found in all our Country who is clearly and evidently known to be troubled with the same and if there should be any which should seem to be molested we are taught to use two remedies the one spiritual physick the other external For the first our Saviour said hoc genus demonirum non ejicitur nisi per orationem Iejunium And St. Peter speaking of the Devil cui resistite firmi in side and the Canonists themselves prescribe Alms Fasting and Prayer to be used in that case but that they joyn Supplication and their exorcismes thereunto And for corporal medicine to be applyed there with as against a disease So is the Judgement of our late Divines whether they speak of Maleficium or not Now admit the Earle of Essex might be imagined to be troubled with maleficium versus hanc I demand what Alms hath been given what Fasting hath been used and what Prayers have been poured forth to appease the wrath of God towards him or his wife or what Physick hath been taken or medicine applyed for three years together Not one of those things but the first hearing must be to pronounce a Nullity in the Marriage of which Declaration we know the beginning but no mortal mans wit can foresee the end either in his person or in the example The Arch-bishop for Confirmation of this opinion shewed the testimony of Beza Melancthon Perillus Hemingus Pollanus Feriterius and Gautius The Kings Answer TO the first Article That the Scripture doth directly or by consequence contain sufficient matter to decide all controversies especially in things appertaining to the Church this is in my opinion proposites and one of the Puritans arguments without a better distinction or explanation For the Orthodox proposition is that the Scripture doth directly or by consequence contain in it sufficient matter to decide all Controversies in points of Faith and Salvation of which sort a nullity of marriage cannot be accompted and therefore your consequence upon the Proposition must faile For satisfaction of your following Question I say your second question doth answer it if there be warrant in Scripture for pronouncing a Nullity propter frigiditatem then all the means which make him frigidus versus hanc must be comprehended therein for why doth our Church justly condemn the Marriage of a man with his Sisters Daughter or the marriage of two Sisters but a paritate rationis for none of them is in terminis prohibited by Scriptures onely the construction is gathered a paritate rationis for if it be not lawfull to marry your Fathers Wife because thereby you discover your Fathers shame nor his Sister because she is his Kinswoman nor your own Sister because thereby you discover your Father and Mothers shame it can no more be lawfull to marry your Sisters Daughter for thereby you discover also your own shame as also the same reason serves for ascending or descending in points of Consanguinity Quia par est ratio The like is in this case for although Christ spake onely of three sorts of Eunuches yet ratio est quia non potest esse copulatio inter Eunuchum muli●rum and therefore St. Paul in the 1. of Cor. v. 7. telleth us clearly that it is not conjugium sine copulatione I conclude therefore à paritate rationis that Christ did comprehend under these three sorts all inability which doth perpetually hinder copulationem versus hanc whether it be naturall or accidentall for what difference is there between cutting off the hand and being made impotent thereof Amputatio mutilatio membri is all one in the Civil law and it is a little defrauding of the woman when either he who is to be her Husband is Gelded or when the use of that member towards her is by any unlawfull means taken from him neither is it any way needfull to crave the particular warrant of the Scripture for a Nullity no more then of warrantie in that place for any Nullity at all For Christ doth not directly say that a marriage so married shall be Nullified neither doth he teach us what form of Process shall be used in that neither makes he mention of the triennial probation no more then he forbiddeth marrying within the fourth degree without leave obtained of the Bishop of the Diocesse It is then sufficient for all moderate examinants to be taught out of the Word of God that marriage is nulla sine copula and that word quos Deus conjunxit is never found in Scripture where durant ius doth not proceed viz. they two shall be one flesh But whether the impediments be universall or versus hanc only or whether the fault thereof hath been born with him or done to him by violence or fallen to him by disease or disproportion or inaptitude betwixt the persons or unnaturall practices that is ever par ratio he is Eunuchus versus hanc omnes alias seeing to her onely was he married Then paritate rationis such nullities are grounded upon the foresaid warrantie of Scripture neither hath Christ any occasion to speak of Jews marrying concerning maleficium versus hanc for although it be apparent that God made King Abimelech and his servants unable to abuse Sara Abrahams wife and so was made by God himself Eunuchus versus hanc and that be not improbable that the Devil being Gods Ape should imitate Gods works by his filthy Witch-craft by making such as God will
buried very deep in the grave or else said he I shal fear you all To him in his life time often resorted the Countess of Essex and Mrs Turner calling him Father their cause of comming was that by the force of Magick he should procure the now Earle of Somerset then Viscount Rochester to love her and Sir Arthur Mainwaring to love Mrs Turner by whom as it was there related she had three Children About this business the Countess wrote two Letters the one to Mrs. Turner the other to Doctor Forman as followeth The Countesses Letter to Mrs. Turner SWeet Turner I am out of all hope of any good ●n this work for my Father Mother and Brother said I should lye with him and my Brother Howard was here and said he would not come from this place all this Winter so that all comfort is gone and which is worst of all my Lord hath complained he hath not lain with me and I would not suffer him to use me my Father and Mother are angry but I had rather die a thousand times over for besides the sufferings I shall lose his love if I lye with him I will never desire to see his face if my Lord do that unto me my Lord is very well as ever he was and so you may see in what a miserable case I am you must send the party word of all he sent me word all should be well but I shall not be so happy as the Lord to love me as you have taken pains ever for me so now do all you can for never so unhappy as now for I am not able to endure the miseries that are comming on me but I cannot be happy as long as this man liveth therefore pray for me for I have need but I should be better if I had your company to ease my minde let him know this ill news if I can get this done you shall have as much money as you can demand and this is fair play Your Sister Fran. Essex Burn this Letter A Letter from the Countess to Doctor Forman SWeet Father I must still crave your love although I hope I have it shall deserve it better hereafter Remember the Galls for I fear though I have yet no cause but to be confident in you yet I desire to have it as it is remaining yet well so continue it still if it be possible and if you can you must send me some good fortune alas I have need of it keep the Lord still to me for that I desire Be careful that you name me not to any body for we have so many spies that you must use all your wits and all little enough for the world is against me and the Heavens favour me not onely happy in your love I hope you will do me good and if I be ungrateful let all mischief come upon me My Lord is lusty and merry and drinketh with his men and all the content he gives me is to abuse me and use me as dogedly as before I think I shall never be happy in this world because he hinders my good and will ever So remember I beg for Gods sake and get me from this vile place Your affectionate loving Daughter FRAN. ESSEX Give Turner warning of all but not the Lord I would not have any thing come out for fear of my Lord Treasurer for so they may tell my Father and Mother and fill their ears full of toyes There was also shewed in Court certain pictures of a man and woman in copulation made in Lead as also a mould of Brass wherein they were cast A black Scarf also full of white crosses which Mrs. Turner had in her custody At the shewing of these and inchanted papers and other pictures in Court there was heard a great crack from the Scaffolds which caused a great fear tumult and confusion amongst the spectators and throughout the Hall every one fearing hurt as though the Devil had been present and growing angry to have his workmanship shown by such as were not his own schollers and this terrour continuing about a quarter of an hour silence proclaimed the rest of the cunning tricks were likewise shewed Doctor Formans wife being Administrix of her husband found Letters in packets by which much was discovered she was in Court and deposed that Mrs. Turner came to her house immediately after the death of her husband and did demand certain pictures which were in her husbands study namely one picture in wax very sumptuously appareled in silk and sattins as also one other picture sitting in form of a naked woman spreading and laying forth her hair in a Looking-glass which Mrs. Turner did confidently affirm to be in a box and that she knew in what part of the study they were Mrs. Forman further deposeth that Mrs. Turner and her husband would be sometimes three or four hours locked up in his study together She did depose further her husband had a Ring would open like a Watch There was also shewed a Note in Court made by Doctor Forman and written in parchment signifying what Ladies loved what Lords in the Court but the Lord Chief Justice would not suffer it to be read in open Court Mrs. Turner sent Margaret her Maid to Mrs. Forman and wished that all such Letters and papers as did concern the Earle of Somerset and the Countess of Essex should be burned or any other great personages telling her that the Councels Warrant should come to search the study and that all his goods might be seised whereupon she and her Maid Margaret with the consent of Mrs. Forman burnt divers Letters and papers but that she kept some without their privitie There were also inchantments shewed in Court written in parchment wherein were contained all the names of the blessed Trinity mentioned in the Scriptures And in another Parchment Cross B. Cross C. Cross D. Cross E. in a third likewise in parchment were written all the names of the holy Trinity as also a figure in which was written this word Christus and upon the parchment was fastned a little piece of the skin of a man In some of these parchments the Devils had particular names who were conjured to torment the Lord Somerset and Sir Arthur Manwaring if their loves should not continue the one to the Countess the other to Mrs. Turner Mrs. Turner also confessed that Doctor Savorius was used in succession after Forman and practised many sorceries upon the Earle of Essex his person Mrs. Turner being almost close prisoner in one of the Sheriffs houses in London before she was brought to the Barr knew not that Weston was executed but by the proceedings having understanding thereof and hearing divers examinations read it so much dejected her that in a manner she spake nothing for her self also examinations and witnesses Viva voce that were produced at Westons arraignment and divers others were read again as the Examinations of Edward Paine Io. VVright Robert Freeman Symcock Rawlings