THE ARRAIGNMENT OF SLANDER PERIVRY Blasphemy and other malicious Sinnes shewing sundry examples of Gods Iudgements against the Ofenders Aswell by the Testimony of the Scriptures and of the Fathers of the primatiue Church as likewise out of the reportes of Sir Edward Dier Sir Edward Cooke and other famous Lawiers of this King dome Published by Sir William Vaughan Knight LONDON Printed for Francis Constable and are to be sold in Pauls Church yeard at the signe of the Crane 1630. TO THE LORDS OF HIS MAIESTIES most Honourable Priuie Counsell INImitation of that Burgundian Booâ—c that saluted the French King with a present of Radish rootes and also of the Persians who by reason of their countrey-custome durst not Ire salutatum Satrapes sine munerâ— magnos Greet their great Lords without some gratefull gift Right prudent â—â—dprâ—â—â—dent Lords I present a meane obiect to your indicious sights A meane obiect indeed if yee regard the worth of the person that presents it or the person whom it concernes being the spitefull Spirit of Detraction yet tollerable perhaps if yee receiue the presentours readie will with the reflection of your comfortable countenance but most noble and worthy to be ennobled with your patronage if yee respect the meanes and Circles as I know you doe whereby this Spirit is Coniured and Conuicted euen by the sword of Angels the mysticall sword the word of God and also by the sword of man Alexanders sword the decider of our Gordian doubts VVith the former sword Michea confuted the false Prophets of Samaria Michael coÌ„founded the detracting Dragon and Michaels followers here on earth the false Prophet of our Christian Church that dâ—ceiuer that deprauer of the holy Ghost and of his pretious properties With the latter sword men punish men malicious men With this sword a King plagued Midas for his doltish DetractioÌ„ a Queene plagued Niobe for her courtizan comparison VVhether these obiects be noble tollerable meane or as waste leaues good for nothing saue for Apothecaries to wrap about their drugs I submit them and compromit them together with my selfe to your Honors graue arbitrement in hope that yee will ascribe all imperfections to my want of perfections to the breuitie of time and to the sodainnesse of the accident For the worlds great Thunderer hauing lately taken vnto him my deare wife by a sulphureous dampe of lightning and shaken some part of my house with a thunder-clap hath likewise strooke me with such an amazement in mine vnderstanding with beholding out of my tabernacle of flesh and bloud the glorious gleames of his power that truly I must needs confesse my selfe to be somewhat backward in penning and painting out this handy-worke of his almost as ominous to me as his hand writing was to Balthasar in Babylon To this I may adioyne multitudes of impediments as well of publike causes and suites abroad as also of mine owne priuate affaires at home All which concurring vpon me in confused heapes some by importunitie of office some of necessitie and some by Sathans suggestion commmonly euery day since that fatall blast caused such vnpolished points as in the reading may occurre to your learned view And yet for all this Right honourable I had not so abruptly at this time hastened on mine abortiue worke to your presence were it not because I would stay betimes the forward steps of Sathan and also because I would stop the vnpure mouthes of pratling Momes and tatling Niobes who inter Bacchanalia amidst their pots of drinke their pipes of Tobacco and idle fits of iollity establishing the shallow foundation of their reports vpon the flying and lying rumours of licentious libellers doe blasphemously blaze abroad to the derogation and preiudice of the powerfull Lord of lightnings that the Diuell our spirituall Tempter acted this terrible tragedie Some other times they giue out that the same Diuell coniured vp at mortall mens commaunds tooke her away bodie and all or at leastwise some principall part of her bodie VVhich sacrilegious imputation as I know Gods elect do alreadie both loath and laugh to scorne so I doubt not but all others shall by this present Treatise learne to leaue it off as a poisoned paradoxe Againe there is not wanting a sort of suspicious Critickes who arrogating to themselues the gift of Prophesie or reuelation from aboue doe make a taunting table-talke of this heauenly visitation in lieu of a grace or salt to season their meates withall by attributing this vnexpected chance to some secret sinnes of hers VVhich Scrthian censure all her acquaintance will contradict and condemne of calumniation All her familiar acquaintance wil consent with one voyce with one mind in the scrutinie of her triall that she liued as innocently as industriously as honestly as humbly towards God and man as any whatsoeuer in all her country without deceit without Detraction And if this be a Demonstration infallible that out of sure premisses we inferre a sure conclusion that none dieth ill who hath liued well for a good tree euer beares good fruit and that we must iudge men by their liues and not by their deathes then dare I assuredly assume that she died as guiltlesse as those on whom the Tower of Siloc fell By the stayres of hell she swiftly climed aboue the starres of heauen By lightning flames as Elias in fiâ—ry Chariots her soule soared vp aloft into the Region of eternall light Othersome in mine owne countrey more passionate because I reforme disorders and would redresse certaine misdemeanures whereof they claime prescription as an hereditarie or necessarie euill doe euaporate these vncharitable speeches touching my proceedings that God sent these prodigious euents as prodromes and forerunners of his indignation conceiued against me for my seuerity of iustice Summum ius summa iniuria Extreme iustice extreme iniurie Which Detraction of theirs I will only countermine with that graue authoritie interpreting old Augustines honest minde Rash iudgement hurts not the person that is iudged but rather him that so rashly iudgeth Quia cuâ—nvolumus aliena per iram coercere grauiora committimus by reason that when we would correct the faults of other men in passion our selues commit more grieuous faults Another kind of Detractours measuring our actions by the ell of their owne guiltie consciences and vsurping the Popish partes of Ghostly Confessors doe parley in priuate among themselues that our iust Iehouah darted this lamentâ—ole mishap as a mysticall scourge for some silent sinnes of mine At which accusation I will â—â—t equiuocate nor endeuour to acquite my selfe â—hereof with the presumptuous Pharisee for I frankly acknowledge as one of Adams progeny that I am throughly tainted with the leprosie of sinne whereof I expect no deliuerance at all by any earthly Aesculaptus saue onely by the fiery Serpent which healed the Israelites I am carnall as S. Paul said and sold vnder sinne Yet notwithstanding if sinne present doe not please me I know that sinnes past shall neuer harme me But
the Kings writ of Prohibition lies against such actions commenced in that Court 3 That mixt actions belong to the Common law NOw let me draw neere to a more resplendant light to your rich magazin of laws Right learned Cooke Englands admired Bartole in whose profound intelligence concur the spirits of many famous wights not after the Pythagorean transmigration but after the transmutation of Elisha which receiued the spirit of Elias For who knowes not that the obscurest and doubtfull Reports of Dier Brooke Plowden and of many other sage Writers are most plainely reconciled in your Reports with mellifluous iudgements of your owne conceits I will therefore aduenture like Noahs Doue to crop some of your choysest O liues Touching Defamations determinable in the Ecclesiasticall Court it was resolued in the Kings Bench betwixt Palmer and Thorpe according to the right learned collections of Sir Edward Cooke Knight Lord chiefe Iustice of the common pleas en le quart part de ses reports that such defamations ought to haue three things incident First that they concerne matters meerely spirituall and determinable in the Ecclesiasticall Court as to call a man Hereticke Schismaticke Aduowtrer Fornicator c. Secondly they must concerne matters meerely and onely spirituall for if such defamations touch any or some thing determinable at the common Law the Ecclesiastical Iudge shall not take knowledge thereof Thirdly although that such defamations be meerly and onely spirituall yet notwithstanding he that is defamed cannot sue him there for amends and damages but the suit ought to be onely for the punishment of sinne pro salute animae for the soules health And for the first and second which is incident the case en 2 2. Edward 4. 20. was recited to this effect The Abbot of S. Albons sent his seruant for a woman couert to come and speake with him The seruant performed his Masters commaundement And thereupon the woman came with him to the Abbot And when the Abbot and the woman were together the seruant which knew his Masters will retyred from them and left them together in the chamber alone Then the Abbot said vnto the woman that her apparel was grosse and course to which the woman answered that her apparell was according to her ability and according to her husbands ability The Abbot knowing in what things women repose their delight replied vnto her If she would be ruled by him that she should haue as good apparell as any woman in that Parish and sollicited her chastity When the woman would not consent vnto him the Abbot assaulted her and would haue made her a lewd woman against her will the which the woman would not suffer Whereupon the Abbot detained her in his chamber against her will to the entent c. The husband hauing notice of this abuse done to his wife spoke of all this matter and said that he would haue an action of false imprisonment against the Abbot for that he had imprisoned his wife vpon which the Abbot adding one sinne to another sued the innocent poore husband for defamation in Court Christian because the husband had published that my Lord Abbot had sollicited her chastity and would haue made her a naughty woman But vpon all this matter disclosed to the Kings Court the husband had a Prohibition by reason that the husband might haue had an action at the common law for this affault and imprisonment of his wife although then at the first he had not any action nor peraduenture at any time would haue had Yet because the scandall determinable in the Ecclesiasticall Court was vpon all the matter being disclosed mixt with a matter determinable at the common law for this cause vpon motion made by the Abbots Councell to haue a consultation in this case that was denied him by the Court. For the third point which is incident viz. That the Defamed cannot sue for amendes and damage in Court Christian though it be meerely and onely spirituall It was enacted Articul cleri cap. 1. 2. 3. that the Kings Prohibition should hold place if a Prelate enioyned a penance pecuniary to any man for his offence and it were demaunded Notwithstanding if Prelates enioyne a penance corporall and the party will redeeme such penance by money if the money be demaunded before a Iudge spirituall Prohibition shall hold no place But leauing the Statutes at large to be considered by the Reader that desires to know them I will returne to the Reports of that rare Treasurer of the common law Sir Edward Cooke for words of detraction actionable and forth explanation of the Ecclesiasticall power in such cases Anno 35. Eliz. Anne Dauies plaintiffe declared that she was a Virgin of good fame c. Whereas one Anthony Elcocke Citizen and Mercer of London of the substance and value of three thousand pounds desired her for his wife and for that cause had communication with Iohn Dauies Father of the said Anne and was ready to conclude it Iohn Gardiner defendant premissorum non ignarus to defame the said Anne and to distaste the said Anthony from proceeding forward vttered and published of the said Anne these wordes I know Dauies daughter well mentioning the said Anne she dwelt in Cheapside and there was a Grocer that did get her with childe And being admonished by some that were present and heard him that he should be aduised what he spoke of the said Anne he said further of her I know very well what I say I know her father mother and sister and she is the youngest sister and had the childe by the Grocer By reason of which wordes the plaintife was greatly defamed so that the said Anthony vtterly refused to take her to his wife To this the defendant pleaded not guilty and by a Nisiprius in the County of Buckingham the Iurors found for the plaintiffe and assessed damages to two hundred markes Then it was moued in arrest of iudgment by the Counsel of the defendant that the said defamation of incontinencie concerned the spirituall and not the temporall iurisdiction And therefore as the offence should be punished in Court Christian so the remedy for such defamation ought also to be there For cognitio causae non spectat ad forum Regium Euen so if a man be called a Bastard an Heretique a Miscreant or an Aduowterer because they appertaine to the Ecclesiastical iurisdiction no action lies at the common law But it was answered by the plaintiffes counsell and resolued by the whole Court that the action was main teynable for two causes first because that she was punishable by the Statute de 18. Eliz cap. 3. if she had a bastard And although that fornication or aduowtry be not examinable by the common law for that they are done in secret and peraduenture are vncomely to be openly examined yet neuerthelesse the hauing of a bastard is a thing apparant examinable and punishable by the said acte Secondly it was resolued that the action was
maintainable if the defendant had charged the plaintiffe but with bare incontinencie For in this case the ground of the action is temporall that is shee was to be aduanced in marriage and that she was defeated of it and the meanes whereby she was defeated was the said slaunder which meanes tending to such an end should be tried by the countrey So if a Diuine be to be presented to a Benefice one to defeat him of it saith to the Patron that he is an Heretique or a Bastard or that he is vnder excommunication whereby the Patron refuseth to present as he might very well if the imputation were true and hee loseth his preserment he shall haue an action vpon the case for the scandals tending to such an end Likewise if a woman be bound that shee shall liue continent and chaste or if a lease bee made vnto her Quamdiu casta vixerit as long as she remaines chaste in these cases incontinency shall bee tried by the common law Pâ—pham chiefe Iustice said that if one speakes of a woman which is an Inne-holder that she hath a great and infectious disease by which shee loseth her guestes she shall haue an action vpon the case In the Kings Bench betwixt Banister and Banister it was resolued where the defendant speakes of the plaintiffe being sonne and heire to his father that he is a Bastard an action lies vpon the case for that tendes to the disinheâ—iting of the land which descends vnto him from his father but it was resolued if the defendant pretends that the plaintiffe is a bastard and that himselfe is next heire there no action lies and that the defendant may shew by way of barre if the Plaintiffe omits it in his bill LINEAMENT XVI Obseruations concerning words of Detraction and Defamation fit to be perused of Sheriffâ—s and Stewards or of other Iudges of inferiour Courts extracted out of the Reports of Sir Edward Cooke Knight Lord chiefe Iustice of the common Pleas. SEnsus verborum est duplex mitis asper verba accipienda sunt in meliore sensu The meaning of words is twofold mild and rough or vncharitable and words are alwaies to be accepted in the milder sence As for example Edward Danney vicar of Northelingham sued vpon the statute de scandalis magnatum by Henry Lord Cromwell Plaintiffe for his cholericke answering him being a Baron of the Realme in these words It is no maruell that you like not of me for you like of those that maintaine sedition against the Queenes proceeding The defendant construed this word sedition seditiosam doctrinam or factious Preachers which by the said Lords countenance as he supposed inueighed against the booke of common prayer established anno primo Eliz. though the strict sence of this word Seditio is as much to say as seorsim itio magni populi quando itur ad manus Sedition properly is publike and violent But God forbid that the words of one being like vnto wind should be taken by parcels against the intention of the partie by such a strict Grammaticall construction Quia quae ad vnum sineÌ„ loquâ—t a sunt non debent ad alium detorqueri What are spoken to one end ought not to be wrested to another end Therefore a Iudge must enter into the consideration of all the prâ—cedent parlance and words which import the true cause and occasion and which manifest their true sence According to that saying Sensus verborum ex causa dicendi accipiendus est sermones semper accipiendi sunt secundum subiectam materiam The meaning of words is to be taken out of the occasion of speech and speeches are alwaies to be taken according to the subiect or matter in hand In actions for scandalous detractions the Defendant may iustifie the words or confesse then or shew by speciall matter that the words be not actionable and then the Defendant shall not be vrged at any time to a generall issue For albeit he doth vary from the Plaintiffe in the sense and quality of the words yet notwithstanding that is no cause to chase him to a generall issue As for example the Plaintiffe chargeth the Defendant with vnlawfull maintenance the Defendant may iustifie by way of lawfull maintenance and may plead the generall issue In like manner one chargeth a man with these wordes Thou art a murtherer The Defendant may iustifie the words and declare how that the Plaintiffe told him that he killed diuerse hares with certaine engines and thereupon the Defendant said vnto him Thou art a murtherer meaning the hares which he killed Out of these obseruations the Reporter Sir Edward Cooke that peerelesse Phoenix of the Common law giues vs two excellent points of learning in actions of slaunders First to obserue the occasion and cause of their parlance and how that may be pleaded in the Defendants excuse Secondly although your opinion be that your Clients case is cleere and his matter in facte plaine yet hazard not the matter vpon a demurre wherein perhaps vpon pleading or otherwise more matters will arise then you knew before But first take aduantage of speciall matters in facto by which the true sence and coherence of the words may be gathered in fauour of the Defendant and reserue matters de iure which alwaies arise vpon matters in facte vnto the last and neuer demurre at the first in law Seeing that after the triall of matters in facto the matter de iure shall be safe vnto you It was adiudged en Bank le Roy enter Cutler et Dixon 28. Eliz. that if one exhibits Articles to Iustices of peace against a certain person containing great abuses and misdemeanures not onely touching the Petitioner himselfe but many others and all to the entent that he might be bound to his good behauiour In this case the partie accused shall not haue any action vpon the case for any matter comprehended in those Articles for in that case they pursued but the ordinary course of iustice And if actions were permitted in such cases they who had good cuase of complaint durst not complaine for feare of infinite vexations Master Stanhope being a Iustice of Peace and Surueyour of the Dutchie of Lancaster was detracted with these words Master Stanhope hath but one Manour and that he hath gotten by swearing and forswearing It was adiudged that these words were not actionable First because that they were too general and those words which shall charge any man with an action on which damages shall be recouered must haue a conuenient certainty Secondly the Defendant charged not the Plaintiffe with swearing or forswearing for he might obtaine a Manour by swearing and forswearing and yet he did not procure nor assent vnto it Also words which maintaine an action must be directly applied to the Plaintiffe in regard of the damage which he sustained by the scandall If one impeach another that he hath forsworne or periured himselfe that beares no action for two
vnto mans capacitie 2 An admonition to the Readers of the Scripture Lineament VIII 1 The Election of the Protestants after the imitation of S. Pauls graffing in of the Gentiles 2 Meanes to discerne the Antichrist by Prophesies out of the Scripture 3 Mâ—anes to discerne the Antichrist by his pompous manner of liuing and also by his Detractions The third Circle Lineament I. 1 THe nature of the spirit of Detraction 2 His obiections 3 The Authours answere 4 The description of Detraction 5 His Companions 6 His Paradoxes 7 A briefe Confutation Lineament II. 1 Notes to discerne the spirit of Detraction 2 A limitation of speaches Lineament III. 1 That the imbecillity of our natural dispositions tainted through the first Mans sinne with curiosity inconstancie and negligence is the prime cause of the spirit of Detraction 2 That our curious search after the supernaturall beginning of time worketh our confusion 3 Of our Curiosity 4 Of our Inconstancie 5 And of cur Negligence Lineament IIII. 1 That ill Education is another cause of malicious Detraction 2 That want of maintenance in the Clergy is the cause of ill Education 3 Certaine moderne abuses taxed in some remote angles of this Kingdome Lineament V. 1 That the secret and spirituall suggestion of the Diuel is the third cause of the Spirit of Detraction 2 The cunning reasons of the Diuell to confirme sinne 3 Their Confutation Lineament VI. 1 The naturall manner how the Spirit of Detraction enters into a man and possesseth him 2 Another reason to confirme the premisses Lineament VII 1 Corollaries for the explanation of the premisses 2 Where wicked Spirits reside in man Lineament VIII 1 That the spirit of Detraction hath two principall instruments the Hand and the Tongue 2 Their apish trickes 3 Their monstrous effects 4 A briefe dehortation from Detraction Lineament IX 1 The Authors censure of certaine English Pamphleters and Ballad-writers with an inuocation to my Lord of Canterbury for a reformation not onely of these abuses in writing but also of other enormities committed against the Church-Canons 2 A Description of good and euill Writers 3 That there is a mixt morall kinde of writing seruing as the lesser light for the conuersion of the naturall man Lineament X. 1 Certaine Detractions of our common Stage-players are taxed 2 How God distributes his gifts diuersly to euery particular man 3 The Authours briefe Apologie concerning his owne imprinted workes Lineament XI 1 What kinde of persons the spirit of Detraction doth soonest possesse with a description of the common people 2 That wise men and of resolution must not feare the Detractions of the common people 3 That it is necessarie for Enuie to be the companion of Vertue and for the spirit of Detraction to follow Magistrates as the shadow the body for the corroborating of their vertues Lineament XII 1 Why men soiourne with the spirit of Detraction and will not be dislodged from him 2 That no worldly causes ought to dispose a man vnto Detraction Lineament XIII 1 The Conclusion shewing that all persons from the Prince his Scepter to the Coblers naule are subiect to Detracting tongues The fourth Circle Lineament I. 1 THe felicitie and infelicitie of our Country of Great Britaine 2 The Authours supplication to the high and mightie Court of Parliament for suppressing of common Swearing Blasphemies Slaunders Perâ—urtes and other Detractions offensiue to God and their Countries weale 3 That they crucisie Christ anew which sweare eyther want only or wilfully by his bloud c. 4 The Authours motion for more Additions to the Statute of Periurie 5 The necessitie of these Additions and of likely circumstances to lead our common Iurours Lineament II. 1 That Licentiousnesse is the cause of Detractions defamations periuries and blasphemies 2 That Tauernes are the causes of licentiousnesse whereby the Authour taketh an occasion to admonish Magistrates of their dutie in this important case Lineament III. That the Spirit of Detraction is sooner conuicted through the bright light and testimonie of the Scripture then through mens reall force or worldly deuices Lineament IIII. The Spirit of Detraction coniured and conuicted by the Prophet Dauids testimonie Lineament V. The spirit of Detraction coniured and conuicted by King Salomons testimonie Lineament VI. The spirit of Detraction coniured and conuicted by Iesus the sonne of Syraches testimonie Lineament VII The spirit of Detraction and Periurie coniured and conuicted by other testimonies of the Scripture Lineament VIII The Authours aduise to lury-men wishing them to proceede vprightly according to their oathes and also to meditate on the future discourse Lineament IX The Spirit of Detraction coniured and conuicted by the Ciuill lawes Constitutions Lineament X. The Spirit of blasphemous Detraction conuicted by Gods iudgements executed on some of our owne Countries inhabitants Lineament XI The Spirit of Detraction and Perturie conuicted by sentence of our owne lawes executed on corrupted lurours Lineament XII The Spirit of Detraction conuicted by the statute De scandalis magnatum and also by the Soueraigne authority of the Court of Starre-Chamber Lineament XIII 1 Of the Iurisdiction of the Ecclesiasticall Court touching words of Detraction and defamation 2 Where the Kings writ of Prohibition lies against such actions commenced in that Court 3 That mixt actions belong to the Common law Lineament XIIII Obseruations concerning words of Detraction and Defamation fit to be perused of Sheriffes and Stewards or of other Iudges of inferiour Courts extracted out of the Reports of Sir Edward Cooke Knight Lord chiefe Iustice of the common Pleas. Lineament XV. Obseruations concerning detracting Libels giuen in the Starre-Chamber and collected out of Sir Edward Cookes Reports Lineament XVI The conclusion of the fourth Circle contayning the Authours pareneticall Charge to common Iuries The fift Circle Lineament I. 1 THe Authours scope in this Circle 2 His inuocation to the Godhead against his Ghostly Enemies Lineament II. 1 How the Spirit of Detraction attributes the glorious workes of God vnto the Diuell 2 That mens guiltie consciences driue them to exâ—oâ—â— the Diuell and his supposed power Lineament III. Proued out of the Booke of Wisedome that mens guiltie consciences caused them at first to feare Bugs and Spirits Lineament IIII. How mens guilty conscâ—ences made them to mistake the truth and to become afraid of things meerely naturall Lineament V. A merry storie borrowed out of Peter de Loiers booke of Specters shewing how a Trauailer was frighted in passing by a Gallowes Lineament VI. 1 Whether in time of Poperie the Diuell appeared to Coniurers or Witches 2 Why now adaies the Diuels apparitions are ceased among the professours of the Gospell 3 The Authors opinion touching his visible illusions Lineament VII 1 How Popish Shauelings inuenâ—ed the vse of common Coniurations and fictions in policy for the greater efficacie of their Idols Holy-water and Masse-monging wherein the weakenesse of their Holy-water is shewed 2 That they coined lies of purpose to confirme their sect namely in Luthers life