SOME MEMORIALS TOUCHING The Nullity between the Earl of Eſſex and his Lady, pronounc'd Sept. 25, 1613, at Lambeth, and the Difficulties endur'd in the ſame.

BEing at the Court at White-Hall, on the 12th of May, 1613, or thereabouts, his Majeſty mov'd me, that I would be a Commiſſioner in a Controverſy to be begun between the Earl of Eſſex and his Lady, for the ſeparating of them; and when his Majeſty had ended thoſe few Words with [4] me, my Lord Chamberlain, who was then in the Gallery, ſpake alſo unto me to that Purpoſe. It was unto me a Matter very ſtrange, having heard before of ſome Diſ⯑contentments between that noble Couple; but never imagining that Matters were come to that Head. My Anſwer was alike to both, That I did not know the Ground whereupon they intended to move; but that if I were to be a judge in any ſuch Queſtion, I would pray, that other Biſhops, being near the Town and Court, might be join'd with me. The Perſons that were nam'd then, were, my Lord of London, my Lord of Ely, and my Lord of Litchfield, (for at that Time was my Lord of Bath with the Queen's Maje⯑ſty at Bath.) Beſides, I pray'd both the King's Majeſty, and my Lord Chamberlain, That before any ſuch Thing were enter'd into, I might ſpeak privately with my Lord of Eſſex, for the ſatisfying of mine own Mind; which by both was permitted unto me. The Day after, I ſent for the Earl, and having pri⯑vate Speech with him, only about the A⯑bility of his Body, and nothing elſe, I found him generally much reſerv'd in Talk, but only avowing the Ability of himſelf for Generation; and that he was reſolv'd never to lay any Blemiſh upon himſelf that Way. I knew not well what to make of this; for I did not then underſtand, that ſome Lords had met before at White-Hall [5] on both Parts, (the Lord Privy-Seal, the Lord Chamberlain, the Earl of Southamp⯑ton, and the Lord Knowles, as afterwards I heard) to ſettle an Order by Conſent, how this Proſecution ſhould be; that is to ſay, That a Separation ſhould be made, and my Lord's Honour every Way preſerv'd.

Within a Day or two, coming to White-Hall, I had ſpeech with the Lord Cham⯑berlain, in the Gallery going towards St. James's Park. I might not reveal all Par⯑ticulars of that which paſs'd in private; but yet I told his Lordſhip, That I had ſpo⯑ken with the Earl of Eſſex, and I perceiv'd it was like to be a Matter of great Difficulty, and therefore wiſh'd his Lordſhip to be well advis'd, before any thing was brought into Publick. I told him, That he muſt proceed either upon Confeſſion or Proof: That it was probable, the Earl would not confeſs his own Impotency, for then he blemiſh'd himſelf: That my Lady's Oath in that Caſe, was not ſufficient; and how other Proofs might be had, I could not conceive: That the Earl in open Eſtimation was to be thought an able Man: That his Father was not thought in that Kind unſufficient. The Lord Chamberlain reply'd, That, perhaps, the Fa⯑ther's Sin was puniſh'd upon the Son: That it was Truth, that the Earl had no Ink in his Pen: That himſelf had confeſs'd, that he could not know a Woman, and that, before divers Noblemen, and ſome of them his own Friends, [6] naming, as I remember, the Earls of Nor⯑thampton and Worceſter, and the Lord Knowles. All this while I never dream'd of impotentia verſus hanc, but conceiv'd, that they would charge the Earl ſimply with Diſability. The Lord Chamberlain then ſeem'd unto me fully reſolv'd to procceed, and told me whom he would have in the Commiſſion, The Biſhops of London, Ely, and Litchfield, the two Chancellors of the Exche⯑quer and Dutchy, my Judges; (for ſo he call'd them) Sir Daniel Dun, Sir John Bennet, Dr. James, and Dr. Edwards. I told his Lordſhip, That I lik'd the Perſons very well. The next News I heard, was about a Day or two after, That the Commiſ⯑ſion was out under the Great Seal; which I wonder'd at, by Reaſon that I thought, that my Words to the Lord Chamberlain being well weigh'd, would have mov'd ſome longer Conſideration. Well: The Commiſſion is brought; it is accepted, and Proceeding decreed; the Earl of Eſſex is call'd; the Libel is put in. When we ſaw it, and that it contain'd impotentia verſus hanc, moſt of us, who were not acquainted with the Project before, were much amaz'd at it. I told the Council for my Lady, That they had laid a very narrow Bridge for themſelves to go over: So ſaid my Lord of London, and divers of the reſt; only my Lord of Ely was ſtill ſilent. My Lord of [7] Litchfield, two ſeveral Times, utter'd Spee⯑ches, as much grieving and repining at this Controverſy: That he was Ordinary to the Earl of Eſſex, and had been in his Houſe at Chartely, which he ſaw to be well govern'd; and the Earl did bear himſelf moſt religiouſly therein, to his great Comfort: That his Wife had the Honour to be Couſin Germain to the Counteſs of Suffolk; and therefore he had no Reaſon but to wiſh well to the Earl of Eſſex and his Lady both. Yet if he had been worthy to be conſulted withal, he ſhould have thought that ſeven Years had been little enough to have deli⯑berated, whether it were fit to bring ſuch a Buſineſs into Queſtion before the World. Ano⯑ther Time he told us, That it was very good, that we ſhould proceed with great Warineſs in this Cauſe; for, ſaith he, the World looketh on us what we do; and there were not more Eyes upon the Earl's Father loſing his Head, than there be upon the Earl now loſing his Wife. He told me afterwards, That he had ill Will for thoſe Speeches, and complain'd that ſome among us did tell Tales of all that was ſaid and done. (And ſo it appear'd afterwards, that Sir J. Caeſar, and Sir Daniel Dun did.) Sir Thomas Parry, in all his Speeches, privately mur⯑mur'd againſt this Nullity, till he came to Windſor; where, the Day that the King heard us, the Lord Chamberlain, in my Preſence, ſpake privately with him and Sir Julius Caeſar about this Matter; [8] and from that Time forward, Mr. Chan⯑cellor of the Dutchy was alter'd. My Lord of Ely, alſo, for a great while, was in Diſ⯑like of the Separation, (as I have credibly heard he open'd himſelf to Sir Henry Savile) until ſuch Time as the King ſpake with him, and then his Judgment was reform'd. But Truth it is, that among us he ſaid no⯑thing.

Now the Earl's Anſwer is taken, which appeareth. In it there were divers Things very obſervable. He us'd no ill Speech of his Lady, for which we all much commen⯑ded him. I gave him ſo ſtrict a Charge to ſpeak the Truth, requiring him, as he would anſwer me before God at the laſt Day, to deliver nothing for Favour or Af⯑fection, but to inform us in the Verity, that it wrung from him ſomething which I ſuppos'd he intended not to ſpeak ſo plain⯑ly. He gave the Reaſon of his having no Motions to know his Lady carnally, and of his thinking that he never ſhould. When I came out of France I lov'd her; I do not ſo now, neither ever ſhall I. When he was to anſwer to the Article, that ſhe was Virgo incorrupta; he ſmil'd, and ſaid, She ſaith ſo, and ſhe is ſo for me. Sir Daniel Dun catch'd theſe Words, and bid the Regiſter ſet down then, credit articulum eſſe verum. Theſe Things gave me no great Encouragement to the Buſineſs; but yet being at very lit⯑tle [9] Leiſure, I let Matters go on, and in mine own Part reſolv'd nothing. Then the Witneſſes were depos'd, but not pub⯑liſh'd. The Inſpectreſſes were choſen, who came moſt unwillingly unto it, and howſo⯑ever Sir Julius Caeſar, and Sir Daniel Dun, (whom we never ſuſpected to be as Parties in the Cauſe, as afterwards they appear'd to be) made all clear and fair Weather; yet my Lord of London told us openly, That he being with them, found that the Ladies knew not well what to make of it; that they had no Skill, nor knew not what was the Truth; but what they ſaid, was upon the Credit of the Midwives, which were but two, and I knew not how tamper'd with. Then came the Lady Francis, to take her Oath, with the ſeven Compurgators. I noted therein ſome Things. A Paper was brought, containing Verbis praeciſis, what her Ladyſhip would ſwear. We ſaw it, and conſider'd it, and found it too bare and ſlight to enforce any thing. The Commiſſioners advis'd, that it ſhould be more full. Dr. Steward accor⯑dingly drew it; but he muſt go forth to the Lady, to know whether ſhe would ſwear it. At laſt it was agreed unto. When ſhe came to ſubſcribe it, after the Oath taken, one or two of her Brothers ſtanding at her Back, put her in Mind, that ſhe muſt not write her Name Francis Eſſex, which ſhe moſt willingly remem⯑ber'd, [10] and ſubſcrib'd Francis Howard. We ſaw my Lord of Litchfield's Wife to be one of the ſeven. We were afterwards inform'd very credibly, That the Lady Knevet had declar'd her Sorrow, that ſhe was us'd in ſuch an Action, and ſaid, That ſhe wept all the Day about it. Theſe Things pleas'd me little, that Nobody took Comfort in the Buſineſs.

Things go on in a Courſe 'till Midſummer-Day. Then did the King deal with me privately, as if he had receiv'd divers Complaints againſt me. The firſt was, That we delay'd the Proceeding, in as much as the Meeting was put off, from the 18th of June, 'till the 2d or 3d of July. My An⯑ſwer was, We had rather gone too faſt: We had ſate Forenoon and Afternoon: The Term now grew to an End, and we had many Buſi⯑neſſes to diſpatch of the King's: That the Com⯑miſſion-Day for Cauſes Eccleſiaſtical was put off for a Week, by Reaſon of Midſummer-Day falling on a Thurſday; and conſequently, that our Proceeding in this Cauſe, which commonly attended the other Commiſſion, was of Neceſſity to be defer'd. But my principal Anſwer was, That we could not ſhorten it; for the Council on both Parts, bad agreed upon that Day in July, and ſo it was upon the Acts: Howſoever, therefore, the Council for my La⯑dy mov'd openly in Court to abreviate the Time, yet the Council for my Lord would not renounce [11] nor alter their Term probatory, but kept them cloſe unto it. Another Objection was, That I acquainted not the King, from Time to Time, how Matters did go. I anſwer'd, That I knew not my ſelf; for as yet there was no Publication of Witneſſes. When any thing came to my Knowledge, his Majeſty ſhould un⯑derſtand it. It was added, That divers Per⯑ſons repair'd unto me, who wiſh'd not well to the Buſineſs. Belike, ſaid I, they mean the Earl of Southampton, who came in the other Day, when we were all ſitting together. But his Coming, was about John Cotton's Cauſe; and I never had a Word with him in all my Life, touching this Buſineſs. No, ſaid the King, and ſmil'd, it is Sir Henry Nevile. Indeed, quoth I, he was with me the other Day, and this very Morning: But your Majeſty well knows what was the Reaſon. It was touching that Cauſe, which your Majeſty commanded me to ſend for him about. I deliver'd him your Mind the one Day, and he gave me an Anſwer the other. At this Time, his Majeſty caſt out ſome Words, as if he wiſh'd well to the Nullity; but it was ſo obſcurely, that I did not conceive that earneſtly he deſir'd it. Af⯑ter this Day, the Complaints were many which were made to the King againſt me, and many Threats were us'd, and divers Tricks were play'd, to urge me to yield to the Nullity. One was, That I ſhould ſuffer the Earl of Eſſex to go out of Town. I an⯑ſwer'd, [12] He had made his Anſwer, and had his Proctor, and it was our Cuſtom then not to ſtay Men. His Majeſty commanded me to en⯑quire, if his Preſence were not neceſſary; and if it were, then I ſhould ſtay him. I ſent to Sir Daniel Dun, to Sir John Bennet, and to Dr. Steward; and they all agreed, that there was no need of his Lordſhip's be⯑ing in Town. And of this I ſent Word to the Lord Chamberlain, and my Lord of Eſſex was permitted to depart. One while it was given out, that I was mov'd by the Queen to croſs them; when, in Truth, I had not ſpoke with her thereabout: Another while, that I had ſpoke with the Earl of Eſ⯑ſex at firſt, and hence his Lordſhip grew leſs pliable; when they knew what about it was, and were told of it before. And it was not forgotten, that when I gave Charge to the Earl of Eſſex, to anſwer truly to the Poſitions in the Libel, I nam'd the Caſe of my Lord of Devonſhire and the Lady Rich, as if I had compar'd this Cauſe unto theirs. When afterwards the Earl's Council took Exception to the Libel, it was given out, that they were animated by me to oppoſe; whereas I never ſpake with them, nor knew any thing of their Purpoſe. And ever that was one, that there were Delays us'd. Yea, it was to my Face deliver'd as a Threat, that Arch-Biſhop Grindall had been overthrown for not giving Conſent to [13] the Divorce of Dr. Julio, as implying, that the ſame would be my Caſe.

About this Time, the Lords, and the reſt of the Feofees, were to meet at Mr. Sut⯑ton's Hoſpital, about the Settling of it. The Day that we were to come thither, my Lord Chamberlain in the Privy-Galle⯑ry at White-Hall, ſhew'd his Anger towards me, that we had not ſent for the Keys to his Lordſhip, and that he might deliver over the Cauſe. But when I came to the Charter-houſe, there was deliver'd me a Let⯑ter, written all with my Lord's own Hand, and directed to the Lord Arch-Biſhop, the Lord Chancellor, and the Lord Privy-Seal; wherein he did twice take Exception to me by Name, and, in a Sort, brav'd me, that ſo he might pick a Quarrel to me; where⯑unto I reply'd not, but bore it with Pa⯑tience.

A little before Whitſontide, his Lordſhip was very kind to me, and of his own Ac⯑cord proffer'd me a Chamber at Greenwich, which my Lord, my Predeceſſor, had; but after twice Proffering of it, and my Ac⯑cepting of the ſame, his Lordſhip fell off ſtrangely, and I never ſpake of it more. Theſe Complaints and Threats made me to ſuſpect all was not well; for what needed theſe Things to me, in a Matter of Ju⯑ſtice?

[14] The Time now grew on, that his Ma⯑jeſty was to go abroad in Progreſs on a Sunday, which was the Day before the Council for my Lord, were to put in their Anſwers and Exceptions to the Libel. The Lord Privy Seal ſhew'd me a Letter of the King's to his Lordſhip, wherein he was to expoſtulate with me, for delaying the Buſineſs. I gave his Lordſhip Anſwer what was done, and he profeſs'd that his Lordſhip was ſatisfy'd, and that no Man could do more than I did. On the Mon⯑day, the Council for my Lord, put in their Anſwer, which was round and picquant. The Lord Chamberlain had Notice of it, and complain'd thereof to the King. I ſent his Majeſty the Copy thereof, and receiv'd from the King a Letter, written all with his Majeſty's own Hand, ſhew⯑ing Diſlike thereof. At that Time, Sir William Button threaten'd Sir Daniel's Ser⯑vant hard for that Anſwer, as the ſaid Sir Daniel divers Weeks after told me. The Commiſſioners conſider'd of the. An⯑ſwer, and diſallow'd it, giving Order, that no Record ſhould remain of it, but that it ſhould be utterly defac'd. This was very well accepted, and now my Lord of Canterbury was a very honeſt Man. But 'till this was done, their Followers gave out, that the King had in two Letters [15] ſo ſchool'd the Arch-biſhop, as he was never ſchool'd in all his Life.

Things now being quiet, I call'd Sir William Button one Commiſſion-Day unto me, and ſpake thus to him: Sir William Button, you have follow'd this Buſineſs from the firſt, and have been preſent at the acting of all Things. Have you ever ſeen me, in Word or Deed, done any Matter that doth not become me? (for indeed hitherto I had no Way declar'd my ſelf, becauſe we were not come to conſider of the Proofs.) What is then the Cauſe that I am thus complain'd upon, that I cannot one Day be quiet? His An⯑ſwer unto me, was, That the Lord Cham⯑berlain was every way a kind Father to his Children, but in this of his Daughter, he was ſo Paſſionate, 'till it had an End, that he lay as on a Grid-iron, broiling 'till the Matter were accompliſh'd. Quoth I, It ſhall not be delay'd by me. Now, the Council on both Sides grew on to inform us, wherein I noted, that whereas the Libel was laid in Nature of Maleficium verſus hanc, my Lady's Council upon the ſhutting up of the Cauſe, would not apply themſelves thereunto, neither would they willingly hear of it; which ſeem'd ſtrange, ſince all the Books which they brought, particularly to the Cauſe, did mention that; and Doctor Steward had publickly and expreſſively ſaid, That it was that [16] which they did mean. This troubl'd me ſomewhat, becauſe I perceiv'd that they themſelves could not tell what to make of it. But afterwards fell out another Matter, which very much alienated my Judgment from the Cauſe: It appear'd, that Sentence could not be given, 'till the Time that the King entring his Pro⯑greſs, was gone as far as Windſor, and then his Majeſty was ſoon to depart to Far⯑nam. Sir Daniel Dun told us, That he was to attend the King in Progreſs; that he muſt be at Farnam; that he was Old and Lame; that it would be too great a Trouble for him, to come back again at the Day of Sentence. He therefore pray'd, That we would hear him deliver his Judgment of the whole Matter. This Proffer ſeem [...]d wondrous ſtrange to moſt of us, and putting it by handſome⯑ly, we reſolv'd not to trouble him there⯑with: And in this Opinion we aroſe. But afterwards my Lord of Litchfield cometh to my Study Door, where I and my Lord of London were about another Buſineſs, and telleth us, That my Lord of Ely, and Mr. Chancellor of the Exchequer, were very deſirous to hear Sir Daniel ſpeak; and that he, for his Part, was of the Mind that it would do very well, and therefore he importun'd us both to give Conſent unto it; we imagining no great harm could come thereby, aſſented, and the next [17] Day is appointed for that Purpoſe. There Sir Daniel cometh with a formal Decla⯑ration, divided into ſix Parts, to every one of which, he ſpake ſo largely, that with a little replying of ours, it ſpent a whole Afternoon. Matters which I moſt obſerv'd therein, were theſe: He told us, That by our Commiſſion, we might hear this Cauſe ſummarily. He brought a Book, That he who hath Power to hear a Matter ſum⯑marily, is in Nature of an Arbiter choſen by both Parties, and therefore may judge in Diſ⯑cretion, as he ſhall think fit; and more to that Purpoſe. I thought with my ſelf, that this was ſtrange Doctrine in a Mat⯑ter of Marriage; that as Arbitrators, we might adjudge a Wife to her Huſband, or not adjudge her, according to our Diſ⯑cretion. In his diſcourſing of my Lord's Impotency, Verſus hanc, he beat upon the Matter of Maleficium, and yet by no Means he would have it to be that apparently. He inſiſted much, That the Sentence was to be given in General Terms, not naming any particular Impotency. I told him, In ſuch a Sentence, the World look that we ſhould yeild a Reaſon of that which we did. He reply'd, That it was fit to give no Reaſon. And here, ſaid Mr. Chancellor of the Exchequer, a Judge is not to give a Reaſon of his Sen⯑tence, but only to God. I would give no Rea⯑ſon to any Prince in the World. I was once [18] call'd before Queen Elizabeth, about a Sen⯑tence which I gave, and ſhe demanded of me the Reaſon thereof; I told her, A Judge was bound to give no Reaſon of that which he pronounc'd, but only to God. I marvell'd much at theſe Things, and at laſt reply'd, Well, let it be, we acquaint not the World with the Reaſon of that which we do, yet is it not fit, that I who am the Judge, and muſt pronounce the Sentence, know the Ground of that which I am to pronounce. Here, after a little pauſing, one of them ſaid, Yes, for you may ſee that in the Books and Depoſitions. Quoth I, But I cannot ſee that there which may ſatisfy me. But Mr. Chancellor ſaid, I, and Sir Daniel Dun, Com⯑miſſioners, you perhaps be not driven to it, yet I ſhall be forc'd of Neceſſity to tell Men the Reaſon of the Sentence: For as ſoon as this Cauſe is ſentenc'd, every Man who is diſ⯑contented with his Wiſe, and every Woman diſcontented with her Huſband, which can have any reaſonable Pretence, will repair to me for ſuch Nullities. If I yeild unto them, here will be ſtrange Violations of Marriages; if I do not, I must not tell them, that it was fit for my Lord of Eſſex, but it is not ſo for you; for the Law knoweth no, Perſons, but is in⯑different to all. If I then repel them, I muſt ſhew a Reaſon: Your Caſe is not like that of my Lord of Eſſex; for his Caſe was thus, yours is thus. And ſo muſt I deliver the [19] Reaſon, or Men will not be anſwer'd. In this Time of debating, I ask [...]d Sir Daniel Dun, I pray you Maſter of the Requeſts, what Examples have we of any Nullity in England, pronounc'd in this kind? Might a Man ſee any Precedent of it? For I would be loath to do a thing, that never was done before. Yes, ſaith he, there be Precedents thereof. In Anne of Cleve's Caſe, we have an Ex⯑ample, and another in one Berry, which I have here in my Book; and thereupon out of a Note-Book of his own, he read now a Line or two, and then two or three other Lines in another Place, and ſo forward. My Anſwer was, I did not think that King Henry's Separation from Anne of Cleve, was for any ſuch Matter, but up⯑on a Precontract. I ſaid, King Henry the VIIIth was a ſtrange Prince in that kind: He put himſelf into many Marriages; and when he began that with Anne of Cleve, he fear'd leaſt the Emperor, and King of France, ſhould combine with the Pope againſt him, and therefore he was deſirous to ſtrengthen himſelf with the Proteſtant Princes in Ger⯑many; and for that he thought this Mar⯑riage was much behoveful. But afterwards growing into Peace, with one or both of thoſe Princes, he grew ſoon weary of the Mar⯑riage, becauſe he lik'd not the Woman. But then I promis'd to conſider further of theſe two Caſes. This was the End of that [20] Day's Labour, which, when at Night I had recounted with my ſelf, I thought it was an audacious Part, for ſuch a one as Sir Daniel was, to teach us out of ſuch poor Grounds, both what to do, and how to do. I found by my Obſervation, that it was a ſet Match, that thus he ſhould be heard; that he was prepar'd for the Purpoſe: For no Man upon the ſudden, or one Day's warning, could deliver ſo much, and ſo digeſted. And now I began to aſſure my ſelf, that he did not ſhew himſelf a Judge, but was a Stickler for the Nullity. I much ſuſpected the Con⯑ſcience of the Man, knowing him reaſo⯑nably well before, both out of mine own Eſtimation of him, and out of the Judg⯑ment of my two Predeceſſors, the Lords Whitgift and Bancroft, who held him for a Man moſt corrupt. Yet the next Day I ſent unto him for his Note-Book, and I caus'd the Record of Anne of Cleve, to be brought unto me. Reading over all the latter, I found not one Word tending to the preſent Caſe. Good Lord! thought I, how doth this Man deceive me! Peruſing his own Book for that of Berry, I found it to be nothing but the Pleadings of Advocates on both Sides, when about the 40 of Eliz. there was ſome Queſtion in the Common Law Courts, about Berry's Land, Berry himſelf being dead many [21] Years before. But I ſaw more in this Book againſt the Cauſe now in hand, than for it; and by ſome other Writings in my Houſe, I diſcover'd that Berry's Divorce, Anno 1561, was for want of his Stones, which Dr. Steward alſo, being now of Council for my Lady, and who formerly ſtood for Berry's Bro⯑ther againſt the ſuppos'd Son, publickly acknowledg'd. Theſe Things made me in my Heart much diſlike the Cauſe, and procur'd in me a hard Opinion, touching Sir Daniel Dun, who ſhould not have wrong'd me, being my Officer, as Dean of the Arches.

Within few Days after, the Meſſage cometh to us, that we were all to attend the King at Windſor. This accordingly was done. The Morning before the Hear⯑ing, the Lord Chamberlain in my Preſence, ſpoke firſt earneſtly with the Chancellor of the Exchequer, and afterward with the Chancellor of the Dutchy, who that Day fell from us, as appear'd by the few Words that he had before the King. Some few Days before that, had Sir John Bennet, by Sir William Button, and Dr. Edwards, been otherwiſe dealt withal, earneſtly to give Conſent to the Nullity; but that Day we dealt in it more than three Hours. His Majeſty propounding the Matter, ask'd, How Things did ſtand? Sir Ju⯑lius [22] Caeſar ſaid, That Sir Daniel Dun was beſt able to ſpeak unto it. And then, ex compoſito, Sir Daniel begins, and tells a great Tale, and eſpecially inſiſteth upon Non potnit. When he had done, I anſwer'd him, and ſhew'd the want of Ground for that Concluſion, out of other the Earl's evident Anſwers, That the Non potuit was for lack of Love, and not for want of Abi⯑lity. I challeng'd Sir Daniel, for abuſing the King with a falſe Report, and eſpe⯑cially for his two Precedents of Berry's Caſe, and that of Anne of Cleve. Amongſt us, was divers ways ſhew'd the Inſuffici⯑ency of the Proofs; that the Libel was laid ſhort of the Cauſe, and the Proofs were ſhort of the Libel: That we had very many Times call'd upon the Council for my Lady, that they ſhould look that they rightly laid their Matter, and made their Proof ſtrong; that in the End, they complain'd not of the Judges, when the Fault was in themſelves: (Where my Lord of Litchfield added, That himſelf fear⯑ing the worſt, had gone to the Doctors-Com⯑mons, and warn'd the Council for my Lady, that they ſhould look to it.) Among other Things there utter'd, Sir Daniel Dun ſaid, What a Diſgrace will this be to my Lord Chamberlain and his Daughter, if it ſhould not now go forward? My Anſwer was, They ſhould have look'd to that before they [23] did begin it: We were not the Men that ſet the Matter on Foot; if it were a Diſgrace, they put it on themſelves. But, quoth I, muſt I, to ſave any Man from Diſgrace, ſend my Soul unto Hell, to give a Sentence whereof, I ſaw no Ground? I will never do it. My Lord of London, Sir John Bennet, and Dr. Edwards, did carry themſelves well that Day, altho' Sir John Bennet had much Oppoſition from the King himſelf. When we ſaw the King earneſt, I fell down on my Knee, and with Tears in mine Eyes, I ſaid, I beſeech your Majeſty, if ever I have done you any Service, whom I do ſerve with a faithful Heart, or may do you any Service, rid me of this Buſineſs. I had ſaid before, That I was the unfitteſt Man that might be, to judge of ſuch a Cauſe; I was no marry'd Man, I was no Lawyer, and I had not had the Time, by reaſon of my in⯑finite Buſineſſes, to read ſo much of that Mat⯑ter, as other Men had. I obſerv'd that Day, many Things in his Majeſty's Carriage, of the Matter: He was Earneſt, but Gra⯑cious and Moderate. He found Fault with the Libel, and ſaid, That Complaints were made, that we went too ſlow, but he per⯑ceiv'd we went too faſt. He marvell'd that my Lord of Worceſter, and the Lord Knowles, were not examin'd as Witneſſes. He con⯑ſtantly profeſs [...]d, That he believ'd that my Lord of Eſſex, was Impotent for a Woman. [24] He told us, That ſome of the Earl's Friends had put a Woman to him, and he would not touch her. His Majeſty ſaid, That the Earl was once purpos'd to have gone to Poland, to have try'd whither he might be unwitched. To which Things my Reply was, I would to God we might ſee theſe Things legally prov'd. That his Majeſty much diſlik'd that Courſe, and therefore he ſet the Courſe now in Proſecution; and therefore if there were any Error in it, he had done the Lord Cham⯑berlain wrong, and he muſt take it upon him. In ſum, I found his Majeſty much troubled what to do, as I gather'd, eſpecially by theſe Words, If my Lord of Canterbury, and my Lord of London, have a Negative Voice, we muſt either begin all again, and have a new Libel, or we muſt have a new Commiſſion, and put other Ad⯑juncts. The Concluſion from his Ma⯑jeſty was, That we ſhould all meet at Lambeth on the Morrow, and if we could unanimouſly conſent, then go to the Sen⯑tence; if not, we ſhould put it off unto another Day, and certify him of it, and ſo farther underſtand his Pleaſure. When the King was riſen from his Chair, he fell to inveighing againſt theſe Marry⯑ings of young Couples, before they be acquainted one with another. He told us the Inconvenience of it, how he knew in Scotland, a Father who marry'd his only [25] Child to a Man againſt her Will: That ſhe withſtood it; yet her Father forc'd her to marry him: That being gone Home with her Huſband after a very few Days, ſhe came run away from him: That her Fa⯑ther jerk'd her, and ſent her home again: That not long after, ſhe poyſon'd her Huſband, and was burnt for it, while the King was in Scotland. After his Majeſty's going out, I follow'd him, and told him, I evidently perceiv'd, that it was in the Earl of Eſſex Vitium Animi non Corporis. His Majeſty ſwore he thought ſo. There paſs'd ſome other Speech from the King to me, touching his own Lying with the Queen the firſt Night that he marry'd her. But, at the laſt, I kiſs'd his Hand and de⯑parted. After I was gone, the Lord Cham⯑berlain ſpeaking ſomewhat againſt me, the King reply'd, The Arch-biſhop hath ſo adjur'd me to be rid of this Matter, that I cannot tell what to ſay to him. This did Sir Julius Caeſar tell me that Day at Dinner, at Eaton College, letting me know, that the King found no Fault with me. But afterward, the King coming to Dinner, after his Meat had ſtay'd for him on the Table more than a Quarter of an Hour, he ſate him down in his Chair, and caſting his Leg over one Side of it, he eat no Meat for a great Space of Time, neither ſaid he any Word, but ſate muſing to himſelf; [26] which every Man obſerv'd. And it was given out by ſome in the Court, that I was gone away in the King's Diſpleaſure. Within ſome few Days after, it was alſo more Ways than one brought credibly to my Ears, That the Arch-biſhop and my Lord of London, ſhould be hereafter kept to their Spiritualities, and ſhould meddle no more in temporal Matters: And within a while it came ſo far, as that they ſhould have their Temporalities taken from them. Sir John Bennet was at Windſor mov'd by Sir Thomas Lake in the Lord Fenton's Name, and afterwards by the Lord Fenton himſelf, That he ſhould alter his Opinion, and make his Peace with the King, for his Ma⯑jeſty was not well pleas'd with him.

As I came Homeward from Windſor in my Coach, and all that ſame Night, two Things did run much in my Mind; the one of them was, What a ſtrange and fear⯑ful Thing it was, That his Majeſty ſhould be ſo far engag'd in that Buſineſs: That he ſhould profeſs, that himſelf had ſet the Matter in that Courſe of Judgment: That the Judges ſhould be dealt withal before, and, in a Sort, directed what they ſhould determine: That the like Example had not been ſeen: That his Majeſty did win himſelf much Honour in the Caſe of Sut⯑ton's Hoſpital, that, notwithſtanding all Importunity, he had ſuffer'd the Judges to [27] do their Conſcience. This ſtrange moving to the contrary, did make me marvelouſly ſuſpect that it was no direct Matter; and, as a dutiful Servant to my moſt gra⯑cious Maſter, I wiſh'd in my Heart, that his Majeſty's Hand might be taken off the Buſineſs. The other Point was, That we had all this while, in our Debatings, never, or very little, meddled with Points of Di⯑vinity. And I thought with my ſelf, that much might be ſaid therein, againſt malefi⯑cium, and the Nullity to be pronounc'd thereupon verſus hanc; for out of this we could never get in all our Talking, though they would never cleave faſt to it. I therefore, having formerly revolv'd ſome ſuch Things in my Mind, roſe early on the Day that we were to debate Things at large, and ſet down my Mind in writing out of ſomething in Divinity. The Copy of this appeareth. The Day after we came from Windſor being Tueſday, we met, and all the Forenoon we inſiſted on that which I had briefly written: But to deli⯑ver my Conſcience freely before God, I re⯑ceiv'd no kind or ſhew of Satisfaction. My Lord of Ely ſate little leſs than Dumb, as if he had never dream'd of any ſuch Mat⯑ter. Divers of the Commiſſioners wonder'd at him, that he, who had ſpent ſo much Time in reading of the Canoniſts touching this Queſtion, ſhould not think upon Divi⯑nity. [28] Briefly up and down by others ſome⯑what was ſaid, but nothing to Content⯑ment. After Dinner, Sir John Bennet pro⯑pounded Reaſons out of the Law, but without any Satisfaction. I obſerv'd two ſpecial Points that Afternoon: The one was, That we all thought my Lord of Eſ⯑ſex his Anſwer to the Libel, was neither plain nor ſufficient. And now it was re⯑member'd, that my Lord of Litchfield had put to him certain Queſtions, that four Things were neceſſary to Generation; Mem⯑brum virile, Erection, Penetration, and Eja⯑culatio Seminis; which, altho' they were then ſmil'd at, and ſince that Time much Sport had been made at the Court and in London about them; yet now our marry'd Men on all Hands wiſh'd that punctually his Lordſhip might have been held to give his Anſwer unto them. This inſtructed me, that the Proofs were not full. A ſe⯑cond Thing was, that when towards the Evening, I wiſh'd that a Reconciliation might be labour'd between my Lord and my Lady, that it ſhould beſt become us, my Lord of Ely, who from the firſt Beginning of the Proceſs, had been always very ſilent, ſpake home about that, much diſliking that any ſuch Thing ſhould now be ſought; that it was too late; that it might be the Cauſe of poyſoning and deſtroying one of another, to bring them together again. [29] Well, when we could not agree upon our Concluſion, we were inforc'd to put all off unto a longer Day; and as the King com⯑manded, I was to certify his Majeſty of it. I wrote a Letter to the King, praying hum⯑bly that I might be freed from the Trouble of this Cauſe, or, at leaſt, give no Sen⯑tence in it, 'till I were a marry'd Man, and ſo might better underſtand the Buſi⯑neſs. I incloſ'd alſo ſix Reaſons of Sir John Bennet's taking Exceptions in Law againſt the Nullity. And withal I joyn'd mine own Reaſons in Divinity, of which I ſaid in my Letter, that I knew not where to ſeek an Anſwer to them; meaning, that the Commiſſioners had given me none. Theſe Reaſons afterwards coſt me a great deal of Trouble.

The next Progreſs in this Controverſy, was, that I was advertis'd, that it was his Majeſty's Pleaſure that the Cauſe ſhould be put off until the 18th of September; and withal there was brought a new Commiſ⯑ſion of Adjuncts, whereinto my Lords of Wincheſter and Rocheſter were put. The Day that I perceiv'd this, acquainting the two Chancellors of the Exchequer and Dutchy therewith, in the Gallery at Lambeth, I told them, That I hoped now, that for my Part, I ſhould be freed from any Trouble therein farther, for I did deſire to be rid of it. They both anſwer'd me, That they deſir'd in [30] like ſort to be quit of the Matter. A good Buſineſs, thought I, that no Body taketh Comfort of it, unleſs it be Sir Daniel Dun, of whom I forgot before to note, that on the Day of meeting, next after our coming from Windſor, he, with a great deal of In⯑ſolency, challeng'd me for my Speech be⯑fore his Majeſty, the Day before. Do not abuſe the King, Sir Daniel Dun. I remem⯑ber'd it was in mine own Houſe, and if I had rattl'd him according to his Deſerts, my Lord Chamberlain would have ſaid it had been done for his Sake; and in the Pro⯑greſs, Sir Daniel having the King's Ear, would have made Things worſe than they were; and I therefore forbore him with ſuch Patience, that ſome of the Commiſſioners told me afterwards, that they wonder'd how I could endure thoſe Behaviours, at the Hands of a Man of his Quality: But yet they commended me for it. Now grew I to conſider what were the Reaſons why theſe two Commiſſioners were joined to us; and therein I had many Advertiſements from divers Friends, divers Ways. We re⯑ſolv'd for my Lord of Winton; that it was ſuppos'd, that there was no great Amity between him and me; that when I was Dean there, there was ſome Diſagreement between us, which they ſuppos'd yet con⯑tinu'd: That he had an old Grudge to me, for having the Archbiſhoprick, which his [31] Lordſhip ſo much deſir'd. Beſides, it was ſome Tickling unto him, that his Gravity and Learning ſhould either win in the Arch-biſhop, or lay ſome Blemiſh upon him, if he ſtood out. Certain it is, that Sir William Button was with him; and, doubtleſs, would tell him how acceptable this Service would be to his Majeſty. I heard of good Credit and ſecretly, That he was put in hope to be made a Privy-Coun⯑ſellor; and the Fame was general, That for the Father's Labour, the Son ſhould be made a Knight. It ſeemeth at the firſt, that he had no great Fancy unto it; but being wrought upon, he conſented; ſo that he might be required by his Majeſty to be preſent. This was done by a Letter from Saliſbury, which, at his being at Lambeth, he ſhew'd me; that I ſhould take Notice, that he had not come, unleſs he had been commanded. I leave him for the Time, only ſignifying, that in the Vacation, he ſent for divers Books from London, and had Dr. Steward much with him, to inform him in all Particulars. Yet I may not forget, that while he held off his Conſent, ſome hard Opinions were rais'd of him at Court; as I found by a Letter from my Lord of Litchfield to me. For there he was found Fault with, that he attended not the King at Farnham, or at Andover. And there Blame was laid, that Mr. Love, who was [32] ſo great with my Lord of Winton was like to get the Warden's Place at Wincheſter, Dr. Harmar being reported to be dead. Con⯑cerning the Biſhop of Rocheſter, it was well known that he had open'd himſelf before the King's going in Progreſs, that he lik'd well of the Nullity. Coming once or twice while we were about it, he, with ſome in my Houſe diſputed earneſtly for it. He was a great Dependant of my Lord of Litchfield. This was a Way to make him well eſteem'd, and to ariſe high in Prefer⯑ment. But, in Truth, he ſhould not have verify'd the Report which Arch-biſhop Bancroft on his Death-Bed gave of him, together with Butler and Carrier, to the King by a Meſſage, unleſs he did ſome ſuch Thing. When he was put into the Commiſſion, he in divers Places ſeem'd to be much offended, that he was made one. His Grief was, that he was ſet in Oppoſi⯑tion againſt me: He would never give his Voice to it, unleſs I conſented. Theſe, and the like Things, he ſpake, as elſewhere, ſo to ſome of my Servants in my Houſe at Croydon: For, under another Colour, he came three Times in the Vacation to me; but I never ſpake a Word with him about that Matter, as knowing it would be an Argument againſt me, that I labour'd to draw away the King's Commiſſioners; and the End ſhew'd, that I had no great Rea⯑ſon [33] to truſt him. Beſides theſe two Ad⯑juncts, the new Commiſſion it ſelf ſeem'd very ſtrange unto me. There were eight made of the Quorum; and it was ſo laid, that if three of them, with two other, con⯑ſented, the Sentence might be given; ſo that, by the Words thereof, if ſeven had deny'd, five might have pronounc'd and prevail'd. A Matter ſo uncooth, that, as I credibly heard, my Lord of Winton him⯑ſelf found much Fault therewith. Again, there was a Clauſe, Legibus, Statutis, Ordi⯑nationibus, Conſtitutionibus quibuſcunque non obſtantibus; ſo reſolv'd they were to have it diſpatch'd. Every thing now ſtood at a Pauſe; and my Lord of Ely (who, at firſt, deliver'd his Judgment againſt it to Sir Henry Savile, as I heard it avow'd upon good Credit; but afterwards ſaid, he was better inſtructed by the King) began to hearken what Men ſaid of the Matter, as appeared by Speech which he had with Sir John Paiton; to whom, notwithſtanding, he told ſome Things of the Inſufficiency of my Lord of Eſſex. The Weather grew fair; he hop'd the overflowing of the Iſle of Ely would ceaſe; he would go down in his Viſitation; he came and took his leave of me, but not one Word of the Nullity.

Now was his Majeſty abroad, and I had more Leiſure to conſider of this Queſtion. [34] I read what I could; I confer'd with many Men about divers Circumſtances, ſo to in⯑form my ſelf the better. I pray'd fre⯑quently to God to direct me aright. I of⯑ten perus'd the Depoſitions, but I found little Satisfaction. I perceiv'd moſt of the Lords had a great Diſlike of this Proceed⯑ing; that the better Sort of Men had generally a Deteſtation of it; that the Judges and Lawyers much condemned it. I heard many ſtrange Stories of the Lady's Carriage. Something was freely ſpoken of a Woman arraign'd at Bury; and how to ſhut that up, and ſo to free the Earl, this Courſe was conſented upon.

Theſe Things, though out of Charity I entertain'd not as abſolutely true, yet the Concurrence of them from ſo many, made me that I could not contemn them. Be⯑ſides, now grew the Rumour ſtrong, that a new Huſband was readily provided for her: Whereof I call'd to Mind the Opi⯑nion of Sir Henry Nevile, deliver'd to me at Windſor; and I did not forget a Speech of Overbury's, once to me in that Kind. I underſtood, that at Chriſtmas laſt, there was a Reconciliation wrought between the Earl and his Lady, howſoever it fell out. Yea, that when the Lords met at White-Hall about the Manner of Separation, there was three Times that Day a Likeli⯑hood to make them Friends; which we [35] thought imply'd no Diſability of my Lord of Eſſex, even in their own Opinion. I farther underſtood, that whereas it was whiſper'd among us, the Commiſſioners, That at Chriſtmas laſt, my Lord of Eſſex being in Bed with his Lady, ſhould labour a quarter of an Hour carnally to know her, and in the End ſhould ſay, Frankey, it will not be, and ſo kiſs'd her, and bid her good Night: That this was not true; but that the Earl, the Night before his going from London, at the End of Trinity Term, ſaid with Tears in his Eyes, That when he went to Bed to her at Chriſtmas laſt, he had forgiven all Things as clearly as he wiſh'd that God ſhould forgive him his Sins; but when they were alone, ſhe revil'd him, and miſcall'd him, terming him Cow, and Coward, and Beast: And he added, that ſhe was as bitter a Woman as any was in the World: Which Things ſo cool'd his Courage, that he was far from know⯑ing, or endeavouring to know her. Theſe Matters, together with the ſmall Joy which the Commiſſioners had to deal in the Buſineſs, made me have no great Fan⯑cy unto it. On the other Side, I heard that my Lord Chamberlain, or his Fol⯑lowers, gave out, that what was done, was perform'd by the King's Direction, otherwiſe it had not been begun; and therefore, they expected that his Majeſty ſhould ſee it effected; that they reſted [36] themſelves on him. I was much griev'd that they had this Advantage on my Ma⯑ſter, who being ſo engag'd, as I thought, could not well go backward or forward: And, to increaſe my Sorrow, I was private⯑ly advertis'd from Court, that his Majeſty did mean himſelf to give an Anſwer to my Reaſons above-mention'd. I heard ano⯑ther Way, that his Majeſty in the Progreſs wrote much with his own Hands. From another Friend I was told, That the King with his Anſwer to the Reaſons, had writ⯑ten to me a ſharp Letter. Yea, by ano⯑ther I learn'd the Contents of the Letter, which was full of Sharpneſs.

Theſe Things in the Summer kept me full of Expectation of ſome great Diſcon⯑tentment. Yet my heart ſtill aſſur'd me, that I was guilty of no Wickedneſs. I found all Perſons with whom I ſpake of my Mind, for the Diſlike of the Nullity. In many Buſineſſes to and from the King by Letters, I found nothing but well. His Majeſty ſent me Warrants for three Bucks, as formerly he had done, and with ſome Kindneſs joyn'd.

Thus I was toſſed in my Thoughts; and in all my Troubles, I had Recourſe to God in Prayer.

By this Time, the 18th of September, draw⯑eth nigh, and I am inform'd, That my Lord of Wincheſter, the Tueſday before, was [37] come to Town; and that beſides my La⯑dy's Council, Sir Julius Caeſar, and Sir Da⯑niel Dun, did, at St. Mary Overy's Houſe, daily attend his Lordſhip. I expected no great Good of this; only from the King I heard nothing but well. For ſome few Days before, his Majeſty had been at White-hall, where I kiſs'd his Hand, and he did not only look merrily upon me, but he gave me Promiſe of the Biſhoprick of Lincoln, for my Brother, as I underſtood it. Some other Matters alſo paſs'd quietly in Speech, and I found no Diſturbance. But on the 17th of Septemb. the Day before our new meeting at Lambeth, my Lord of Litchfield being ſent from the King, bringeth divers Papers un⯑to me, ſeal'd up. I open'd them, and found there my Reaſons firſt, ſecondly, an Anſwer to them, and, thirdly, a Letter, all writ⯑ten with the King's Hand unto me. I read them all preſently, without any abatement, whereunto I was help'd by my Fore-knowledge, that ſuch Things would come. I ſaid little unto it, only I ask'd my Lord of Litchfield, Whether he knew what thoſe Papers contain'd? He told me, That the King had read unto him the Anſwers to the Reaſons, and had given him the Letter to Seal up in a Paper; but in Reverence to his Ma⯑jeſty, he held it not his Duty to look into it. Growing afterward in ſome Speech of our next Days Buſineſs, I told him plainly, [38] That having ſpent much Time in this Vaca⯑tion, in peruſing the Books, I could not find any where, but eſpecially in the Anſwer of my Lord of Eſſex, that which would give me Con⯑tentment. I read the Places, and my Lord confeſs'd with me, That there was not enough. He told me alſo, That unleſs I gave my Con⯑ſent to the Separation, that he would never give his: So much Reverence in him did I find both then, and divers Times before, againſt this Divorcement. At laſt he men⯑tion'd one Thing which pleas'd me won⯑drous well, and that was, That we ſhould call for my Lord of Eſſex again, and new examine him, upon ſome Points to be far⯑ther declar'd, ad informandum animum Ju⯑dicis. For hence, either we ſhould know ſo much as might perſwade us to decree a Separation, or the World might be ſatisfy'd that we had no Reaſon for it. Theſe Things thus ſettled, his Lordſhip ſepara⯑teth. Then I withdrew my ſelf to my Study, and read over again and again, the Papers from the King. I found them very ſharp, and perceiv'd by the Time that they arriv'd unto me, that they were detain'd 'till that Day, that I might be overwhelm'd with them on the ſudden, and have no Time to deliberate, before we were to come the ſecond Time to ſit in Judgment. Theſe things did much trouble me, ſo that I did ſleep but a little that Night. I revol⯑ved [39] many things, and much tumbling I had in my Miud. It griev'd me infinite⯑ly, that the King ſhould make himſelf a Party therein; That ſome Unthankful⯑neſs, and other Matters, were little leſs then Reproaches unto me: Methought my faithful Heart to my Maſter, deſerv'd no ſuch Sharpneſs. I devis'd how I might give the King Contentment, and it was ſome Comfort to me, that we had thought upon a Courſe of new examining my Lord of Eſſex. But as things ſtood, I could not force my Conſcience, which cry'd upon me, That it was an odious Thing to GOD and Men, to give ſuch a Sentence, without better warrant. I here caſt what might befal to the Church in my Diſgrace; how Pa⯑piſts would ſcorn at it; how it might be my own Ruin, and that divers ways; a Hazard to my Friends, and to the Com⯑miſſioners which were of my Mind; how my Lord of London, had a Wife and Chil⯑dren, which might all be overthrown at one Blow. But after Midnight ſleeping, towards the Morning I conſider'd on the other Side, That my Conſcience was more unto me than all the World; that it was a fearful thing, in Place of Judgment, to give a Sentence againſt mine own Heart; That Olivarius, the Chancellor of France, upon ſuch an Occaſion, grew Mad, and dy'd in it: That the Manner of our Sen⯑tence, [40] muſt be Solum Deum prae Oculis ba⯑bentes, a rei veritate inſpecta; all which, and the like Meditations, did much pre⯑ponderate with me. Then I ſlept again, and now riſing, I found my Heart much ſettled, to perſiſt in that which I held to be Truth. I pour'd out earneſtly my Pray⯑ers to God, and was now ſtrongly reſolv'd, to leave all to God, remembring, That he had preſerv'd me from my Mother's Womb; that he had from Time to Time, rid me out of all my Troubles; that his Power was the ſame ſtill; that he would never forſake me, if I turn'd not from him. I forgot not, That the Hearts of Kings were in the Hand of the Lord; that I had Experience of the Graciouſneſs, both of GOD and the King, the Year before; when ſtanding earneſtly in a good Cauſe, that Prince Henry ſhould not marry a Papist, I receiv'd ſome ſharp Words from the King for my Labour; but the next Day his Majeſty us'd me very kindly again. To this I added, That Poverty, Impriſonment, Death it ſelf, were things contemptible to a reſolv'd Mind: That ſome of my Predeceſſors, as Arch-Biſhop Cranmer, and my Lord Grindal, had given good Examples of theſe Sufferings, and they were recorded in the Catalogue of the Righteous. Theſe Thoughts thus re⯑volv'd, I read again the Letter from the [41] King, and drawing out into a Paper, all the ſharp Words, I conſider'd them again and again, and methought they were not altogether ſo bitter as I apprehended them; that they were wrung from his Ma⯑jeſty by my Lord Chamberlain's Impor⯑tunity; that my Maſter had deſerv'd at my Hands, that I ſhould bear patiently twenty times more; and that all was no⯑thing, ſo the Clearneſs of my Conſcience might be preſerv'd. With theſe Reſoluti⯑ons on the Saturday, I came to Lambeth, where I met with the News of Overbury's Death, and the ſound of ſome fearful Ap⯑prehenſions thereupon, bruted about the City. I made Trial of my Lord of Lon⯑don's Conſtancy, telling him, aut cidendum, aut cadendum. I found him moſt reſolv'd, avowing unto me, That if he ſhould pronounce for the Diſſolution of the Marriage, he thought the Devil would that Night fetch away his Soul. Yea, he was earneſt on me, to per⯑ſiſt where I began, telling me, That the Eyes of the whole Church of England were upon me, and expected of me, that I ſhould ſhew my ſelf a worthy Man. At laſt we came to ſit, where my Lords of Wincheſter and Worceſter, took their Places. The Com⯑miſſion was read, the Fact, and Manner of the Proceſs was open'd, and nothing notable done, ſaving that my Lord of London, pro⯑poſing, that it was fit that my Lord of [42] Eſſex ſhould be call'd to explain himſelf farther, for the fiſhing out of the Truth, all the Commiſſioners moſt willing aſſented thereunto, (yea, my Lords of Wincheſter and Worceſter expreſsly,) ſaving Sir Ju⯑lius Caeſar, who ſoftly declar'd his Diſlike thereof, in my hearing. When the Court was riſen, I ſpake with my Lord of Litch⯑field, and not thinking fit to return any thing to the King in Writing, I pray'd him to acquaint his Majeſty how Things ſtood; and to tell him, that upon this Courſe of new calling my Lord of Eſſex, I hop'd in the End, we ſhould give his Majeſty Satisfaction. The Sunday I ſpent at Croydon, and preach'd on that Text of Chriſt's raiſing the Widow's Son of Naim, to the great Comfort of mine own Heart. That Day I conferr'd with a Friend, and ſettled ſome Courſes, if any Trouble ſhould befal unto me. I was alſo by a good Friend inform'd, that my Lord of Eſſex, on that Sunday Morning, having five or ſix Cap⯑tains, and Gentlemen of Worth in his Cham⯑ber, and Speech being made of his Inabili⯑ty, roſe out of his Bed, and taking up his Shirt, did ſhew to them all, ſo able, and extraordinarily ſufficient Matter, that they all cry'd out Shame of his Lady, and ſaid, That if the Ladies of the Court knew as much as they knew, they would tread her to Death.

[43] On the Monday we met at Lambeth a⯑gain, and Information was given on the Part of my Lady. Theſe things paſs'd quietly. When the Court was riſen, my Lord of Litchfield told me, That he had made his Majeſty acquainted with our Pro⯑poſition on Saturday, but that his Majeſty was ſtrongly againſt it, my Lord of Eſſex ſhould any more be call'd, and that by no means he would endure it; for that per⯑adventure, the ſaid Earl, either being pro⯑vok'd by the late Challenge between him and Mr. Henry Howard, or otherwiſe inſti⯑gated by the Earl of Southampton, might ſpeak ſomewhat which might marr the Buſineſs. This made me ſtill ſuſpect, that all was not right, and I reply'd to my Lord, If that be deny'd us, and we have no farther Proof, I ſhall never give Sentence for the Nullity: As good declare my Mind at firſt, as at laſt, and I pray you ſo acquaint his Ma⯑jeſty. When I went Homeward, I much revolv'd this in my Heart, thinking, Good Lord! What a Caſe is this? Shall any Truth be kept from us? Are they afraid to have all out? Do they only look to attain their own Ends, and care not how our Conſciences be intangled and enſnar'd? On the Wedneſday we met again, and now Dr. James is come to us, and by and by cometh in my Lord of Ely, who, as it ſeem'd, had meant to have kept him away, [44] but the King ſent an expreſs Meſſenger for him, requiring him by a Letter, to be there on the Tueſday Night. Now are we plena Curia. Before we ſate down, Sir Thomas Lake delivereth a Meſſage unto me from the King, That his Majeſty deſir'd a ſpeedy End of this Buſineſs; that it had hung long, and the World was in expecta⯑tion of it; that the Term grew on, which would be full of Buſineſſes: That his Ma⯑jeſty on Monday, was to go to Windſor, to meet the Queen, and my Lord Chamber⯑lain with him; that therefore he would have us to fall cloſe to our Work, not to trouble our ſelves on the Morrow, to come ſee the King, who would come late to White-Hall, becauſe ſome Ceremonies were to be perform'd, as upon the laſt Day of Hunt⯑ing; that we ſhould not attend his Ma⯑jeſty 'till Friday, but that the Sentence muſt be given on Saturday. My Anſwer was publickly, That there ſhould be no Stay in me, and that therefore on the Morrow, we would ſit Forenoon and Afternoon, if the Commiſ⯑ſioners ſo pleas'd; and if they thought good, Is would not refuſe to ſit until Midnight. But in mine own Heart I perceiv'd, that all the Care was, that the Matter might be diſpatch'd before the Queen ſpake with the King, whom they ſuppos'd not to wiſh well to the Buſineſs. We go to our Court, and Sir Thomas Lake ſtay'd to hear the [45] Information on my Lord's Part. It was ſtrange, to ſee how my Lord of Wincheſter carry'd himſelf that Day, partly to play his Prizes before Sir Thomas Lake, who might make Report of it to his Fame, and partly to ſhew his Ludi-magiſterial Diſpoſition. He ſnapp'd up my Lord's Council, that they could not ſpeak a Word, but he catch'd it before it was out. I know what you will ſay, when indeed he knew not, neither was it any ſuch Matter as he imagin'd. God Almighty will tell you a Tale for that; I tell you, Doctor Bennet, I have as much Law as you, I am as good a Lawyer as you are. He fell divers Times on my Lord of London Per⯑ſonally, and would needs know of him openly, How many times in a Year, a Man was bound Carnally to know his Wife. In a Word, with Scoffs, and imperious Behaviour, he play'd the Advocate all that Day, to the great Offence of the Standers by, ſo that it was publickly ſpoke of in London, which, I think, came to his Ears; ſo that ever afterward, he carry'd himſelf more tracta⯑ble. I was forc'd to bear it, becauſe of avoiding new Complaints.

The Point moſt obſervable that Day, was, that both my Lord of Wincheſter, and my Lord of Ely, did deny Maleficiati⯑on, ſo that by no Means they would have this Queſtion to proceed in that Na⯑ture, [46] which I openly did thank them for, and bound it upon, before all the Commiſ⯑ſioners and Standers by, telling them, That the ſame was my Opinion. But I aſk'd my Lord of Wincheſter, who ſate by me, What be then held it to be. He told me private⯑ly, That he held it to be a Natural Impotency, which was before the Marriage. I aſk'd him, What that might be, and whence he gather'd it. He anſwer'd, I have heard divers Particu⯑lars, which are enough to perſwade me if they be True. Yea, my Lord ſaid I, if they be True, I have heard as many to the contrary. I wiſh that we might examine, whether they be True or no; that were fair Proceeding. It is my Grief, that it is not permitted unto us, to try whether all theſe Matters be ſo or not. This might ſatisfy a Man's Conſcience. So we parted that Night.

On the Thurſday, at Ten of the Clock, we met in Lambeth-Hall, where my Lady's Council took on them, to anſwer ſome Scruples objected by Dr. Ferrand. But Dr. Martin, when no Body ſpake of it, fell to wipe away that Objection, that my Lord had not ſworn, Cum Septima mann. Upon his Speech, the Commiſſioners took hold of it, and it then being urg'd ſtrong⯑ly, my Lady's Council ſtood at firſt, as if they had been blaſted with Lightning. Afterward they grew extream angry with Dr. Martin, that he had propos'd it, but [47] the Iſſue was, there could no Anſwer be given unto it; but in the Sight of all the Standers by, this was broke off with Shame and Confuſion of Faces. We din'd not that Day, but about one or two of the Clock, we withdrew our ſelves privately into the Parlour. I had thought there to have had Dr. Edwards, and the reſt who lik'd not of the Nullity, to propound their Doubts, and ſo in Order; and laſt of all, I would have ſpoken. But there I found a contrary Courſe reſolv'd, which my Lord of Wincheſter ſeem'd much to diſlike. But my Lord of Litchfield, Sir Julius Caeſar, and Sir Daniel Dun, had ſet the Clock, and they muſt have their Will. The ſix Reaſons are produc'd, which Sir John Bennet had deli⯑ver'd the Day after we came from Wind⯑ſor, and the Copy whereof, was by me ſent to the King. All theſe muſt in their Or⯑der be debated. One was about the unper⯑fectneſs of the Libel, in which we all re⯑ceiv'd Satisfaction, that the Libel was well to ſo much purpoſe as now they declar'd they would have it. The other five, my Lord of London, Sir John Bennet, Dr. James, and Dr. Edwards, maintain'd: I allow'd of three of them abſolutely▪ and the other two, that was Inſpection of my Lord's Bo⯑dy, and a Time to be aſſign'd by the Judge, to try whether they might Carnal⯑ly know one another, I held to be fit, [48] when thoſe Reaſons were propos'd; but now ſuch Flames and Quarrels were ariſen, I thought not amiſs now to be forborn My Lord of Litchfield, with a Pen, did note what every Man reſolv'd, but prin⯑cipally my Words, with a Purpoſe to ſhew them to the King, as I conceiv'd, and afterwards I found it to be ſo. I was deſirous therefore, that his Majeſty might ſee I was not Obſtinate, but ſettled to yield to Reaſon. And again, I ſuppos'd, that this Candor of mine, would make ſome of them yield to us, where they ſaw there was unevitable Truth. But I found it far otherwiſe, for our Afternoon's Work was, that they gave ſhuffling and ſhifting An⯑ſwers to the Objections, ſuch as themſelves had ſtudy'd all the Vacation; but no Care was, whither they were True and Satisfacto⯑ry, or not. And to what Sir Daniel pro⯑pos'd, all Seven of them conſented, without ſticking or ſcruple, ſo that I might ima⯑gine it was a ſet Play. Upon the firſt Scruple debating, Sir Julius Caeſar finding the Difference of Opinions, and that our Lawyers ſtuck ſtrongly unto it, Let us, ſaith he, put it to the Queſtion, and let the major Part of Voices determine it. When I ſaw this to be the Proceeding, the Lord, thought I, deliver me from ſuch Judges. But yet obſerving their Manner, I poſ⯑ſeſs'd my Soul in Patience. When it grew [49] to be dark, that the King might underſtand, that I was willing to allow time to all that might be ſaid, I remember'd Sir John Ben⯑net to read the Sentence of the Rota Romana, where, in the Popes own Conſiſtory, about the Year 1585, a Judgment was revers'd, which an Arch-biſhop in Spain, had given for a Nullity, in a Caſe being ours alto⯑gether, becauſe, after the triennial Coha⯑bitation, he had not aſſign'd a Time for the marry'd Couple to make Trial again, and to uſe Faſting and Prayer. This Re⯑peal was read at large, and ſo was another of the Rota, in the ſame Kind. But both theſe were ſlighted, as Matters of Nothing, and ſo I think had St. Paul been, if he had been there. I urg'd that of Alexan⯑der III, That even in France it ſelf, no Nullity had been allow'd; but that it was Conſuetudo generalis Eccleſiae Gallicanae; and that Eccleſia Romana, did know or practice no ſuch thing. This was ſlighted like the former, and I perceiv'd it was but in vain to ſpeak to them, for they were reſolv'd, and be it Good, or be it Bad, the Matter ſhould be done.

On the Friday Morning I went to White-Hall, and looking ſomewhat heavily, the King cometh to me, and to my Lord Chan⯑cellor, and offereth us both his Hand to kiſs. He might perceive by my Counte⯑nance that I was not a little troubl'd, and [50] that was perceiv'd by divers of the Lords, who privately let me know their Minds, that we had a foul and ſtrange Matter in Hand at Lambeth. At laſt, the King takes me aſide, and after propounding three or four Buſineſſes, walking, he took me to the Window, and aſk'd me, How that great Cauſe did go forward? I told his Majeſty, That I had no Liking of it; that I had receiv'd a Letter and Writing from him which very much troubled me, for I knew my ſelf to be his dutiful Servant, and had not deſerv'd Ill of him; that it was nothing to me whether ſhe remain'd Wife to the Earl of Eſſex, or were marry'd to another Man; but that I might not give Sentence where I ſaw no Proof; that I had liv'd fifty one Years, almoſt, and had my Conſcience uncorrupted in Judgment; that I knew not how ſoon I was to be call'd before God, and I was loath, againſt that Time, to give a Wound to mine own Soul; that all my Grief was, that his Majeſty's Hand was in it; that for other Men I car'd not; that I choſe rather to die an honeſt Man than a wiſe Man; that he muſt never afterward expect true Service of me, for, how could I be true to him, who was falſe unto God; that if he mark'd it well, this was no Time to diſgrace his good Servants: I told him, That if his Majeſty pleas'd to let the Matter alone, as he did all other Cauſes, I would make good my Part againſt all England, on the Peril of my Head. The [51] King anſwer'd, That I would have no Law⯑yers. I reply'd, Yes, enough, There is not an honeſt Lawyer in England that would not be on my Side. His Majeſty aſk'd me, Whe⯑ther the reſt of the Commiſſioners, Yeſterday, did not perſwade me. I told him, No; but their Dealing, rather drove me the contrary Way. For, (ſaid I) I came thither ingeniouſly to yield to any Truth that ſhould be ſhew'd me; but they, on the contrary Part, in a factious Courſe went wholly together, and what one ſaid, ano⯑ther ſaid, be it Well, or be it Ill, without any Scruple. To my Speech, That it was an Example that never had been in England; the King ſaid, Yes, Berry's Caſe. I beſeech'd his Majeſty, That he would not believe that Cauſe to be any ſuch Matter; for if he would pardon me, it ſhould not be long before that I would ſhew, that his Separation was for Lack of his Stones. In this debating, the King was very deſirous to know, what ſhould be the Reaſons whereupon I ſtood, that I might have Satisfaction. My Anſwer was, That when I was in Place of Judgment, I would not conceal the Reaſons of my Sentence, but it was to no Purpoſe to ſpeak them now; it would but put his Majeſty to a new Trouble to hear them, and then ſome Man muſt anſwer them, who look'd to his own End, and to make a plau⯑ſible Anſwer, which would not content me, without ground of Truth. A great Part of the Time, that I had this Speech with the [52] King, my Eyes were full of Tears, which I ſaw, much mov'd my gracious Maſter, and eſpecially, my earneſt Deſire, That I might do my Conſcience. I perceiv'd the King was much overcome, by this my honeſt Dealing: And then, whilſt his Majeſty went to ſpeak with my Lord Privy-Seal, and my Lord Chamberlain, who ſtood all this while at the farther End of the Gal⯑lery; and to whom, I conceiv'd, the King told much of that which I had ſpoken; I went my ways to Lambeth, to Dinner. Now grew I confident to do my Conſcience right, whatſoever came of it. That Day I din'd privately, but yet, my Lord Bi⯑ſhop of Bath was with me, whom, when I had acquainted with ſo much of the Cauſe, as I thought fit, I receiv'd no Diſcourag⯑ment from him. My Heart was much eas'd, and now I thought I ſhould no more be troubled. Yet, between three and four a Clock, after Dinner, my Lord of Litch⯑field cometh to me from the King, and bringeth a written Treatiſe upon the pre⯑ſent Argument, which was the Work of a Scotchman, I know not who. I receiv'd it, and promis'd that Night to read it; as in⯑deed I did, riding in my Coach to Croydon; for thither I thought fit to withdraw my ſelf, though it were late, for avoiding of more Perturbation. This Treatiſe no way pleas'd me, but I thought it the Work of [53] ſome hungry Fellow, who lack'd twenty Shillings to buy Food to his Belly. Here, finding it the Day of the End of my Quar⯑ter, I ſettled much of my domeſtick Buſi⯑neſs. I forgot not to commend my ſelf, and the whole Cauſe, to God by Prayer. I meditated many Things in my Bed: In the Morning I roſe early, and before Day, in my Study, I ſet down ſome Heads, what I would ſpeak unto. Then went I early to Lambeth, and there ſupply'd my brief Notes, digeſting my Matter of Sentence into Order; being reſolv'd to ſpeak large, and home to the Cauſe, without Touch of any Perſon more than I muſt needs. By this Time, moſt of the Commiſſioners were come. I ſent for my Lord of London, Sir John Bennet, Dr. James, and Dr. Edwards, ſingly and ſeverally, into my Study: I requir'd them, before God, not to ſpeak any thing for reſpect to me, but to do that, which in their Learning and Conſcience they thought to be juſt, and to ſpeak that intrepid, without Blemiſh to any Man, but ſoundly to the Matter. I found them all avowing, that in their Souls, they found no Warrant for the Nullity. I then wiſh'd ſeverally, Dr. James, and Dr. Ed⯑wards, to deliver their Sentence, with ſome Reaſons adjoyn'd, not many, but of the ſtrongeſt. I told Sir John Bennet, that this Day, I expected he ſhould ſhew himſelf a [54] worthy Man; that he ſhould deliver his Judgment per extenſum; that they had labour'd to blemiſh his Skill, and to ſlight his Learning eſpecially, therefore, both for his Conſcience, and his Credit, he ſhould ſhew what was in him, to maintain an honeſt Cauſe. If Sir Daniel Dun, and Sir Julius Caeſar, who came after him, ſhould beſpatter him in their Choler, or lay any Imputation upon him, he ſhould find that ſome of us would take it off him. To my Lord of London, I ſaid, We have three that ſpeak firſt, who, I truſt, will lay ſuch a Founda⯑tion in the Heart of the Hearers, as ſhall not be remov'd. But the other Side have this Advan⯑tage over us, they are ſeven of them Lawyers and Biſhops, to anſwer what our three have ſaid; and perhaps with weak Men, ſuch a Stream of ſuch Perſons may much prevail: But let not that diſmay you, my Lord, only take this Courſe; Deliver, firſt, your own Meditations; and then, having taken with your Pen, ſome of the Ab⯑ſurdities, which, in the Sentence, ſome of them will deliver, blaſt thoſe, and let the Auditors ſee, that by you the Stream is turn'd. Then leave it to me, and I doubt not, in Almighty God, but to batter their Nullity to Duſt. That tho' they have it by the major part of Voices, yet, the World ſhall ſee what the Cauſe is, and they ſhall have little Comfort by it. I am very well provided; I am no way afraid; and you ſhall ſee, I will not be Tongue-ty'd. So confi⯑dent [55] was I in the Honeſty of the Cauſe, and in the Helps of Almighty God, that I was not now afraid of ten thouſands of People; but did long to be at the Buſineſs, as the Lord truely knoweth.

When now I was alone, revolving my Meditations, Sir J. Caeſar cometh into my Study, to me, telleth me, That he wonder'd that my Lord of Wincheſter was not come, that it was even ten a Clock, that therefore it was fit, that the Hour ſhould be continu'd from ten to twelve. I aſſented thereto; and by ſome of the Commiſſioners the Time was prorogu'd. Then cometh in Sir Thomas Lake, with a Meſſage from the King, which he muſt not deliver 'till all the Commiſſi⯑oners were come together. So he was forc'd to ſtay. Between Ten and Eleven, cometh in my Lord of Wincheſter; who, as afterwards found, had been all the Morning at the Court. I told him, We had ſtay'd for him two Hours and a half. His Lordſhip ſlight⯑ly excus'd it. Then, in the Gallery, Sir Thomas Lake told us, That his Majeſty had ſent him unto us, to deliver two Things. The one was, That in our Sentence, we ſhould take heed of gauling of any Perſon. My Anſwer was, That from the Beginning of this Proceſs, we had ever been wary not to offend in that Kind; and that he ſhould be much to Blame, who, in the Concluſion, would tranſgreſs that way. And ſo ſaid the reſt. The other was, [56] That we ſhould not in any long Manner, but compendiouſly, deliver what we had to ſay. I pray'd Sir Thomas Lake to explain that far⯑ther, whether we were only to ſay Yea or or No, and no more: For I would obey the King's Commandment.

Tu Regina jube, mihi juſſa capeſſere fas eſt. He anſwer'd, That he could not ſay ſo, but that we were to ſpeak briefly. Yea, but ſaid Sir Julius Caeſar, I know the King's Mind; for I was Yeſter⯑day with him, and he told me, that he expected that we ſhould go no farther than Yea, or Nay, for of Reaſons there would be no End. Yea, ſaith he, The King told me he was promis'd ſo much. By whom, ſaid I. I think, quoth he, by your Grace. Not ſo, ſaid I: But I ſaid, indeed, Let every Man deliver his own Conſcience, I will not perturb the Sentence. No more indeed will I. Then he replyeth, I know the King expecteth we ſhould ſay no more, than I do like this Sentence, or, I do not like it. And that you know, Sir Daniel Dun, is the Manner of the Delegates, and not to go farther. It is ſo, ſaith Sir Daniel. Upon this, the Biſhops all ſaid, We were beſt to proceed in that Faſhi⯑on. To which, I reply'd, I will not be willful, but if it be agreed upon, and it be the King's Pleaſure, I will obey. But look you to it; for if any Man give a Reaſon, I am no more bound than he, but that I will return the Reaſon of my Opinion and Judgment. They all ſaid, they would be obſervant of [57] it. Thus Sir Thomas Lake was diſmiſs'd. Then we call'd for the Sentences on both Sides, which the Counſel had ready. They diſlik'd that which was Abſolutory of the Earl of Eſſex, and we approv'd it. We found Fault with the other Sentence, Anullatory, both for the Whole, and be⯑cauſe, ſome Parts in it, in our Judgment, were apparently falſe. But they perſiſted in their Intention. So we went into the Hall, where, my ſelf, my Lord of London, Sir John Bennet, Dr. James, and Dr. Ed⯑wards, freed my Lord of Eſſex. The Bi⯑ſhops of Winton, Ely, Litchfield, and Ro⯑cheſter, together with the two Chancellors, and Sir Daniel Dun, pronounc'd for the Nullity, and ſubſcrib'd the Sentence, my Lord of Winton pronouncing it. We per⯑ceiv'd that they were afraid we ſhould at large ſpeak our Reaſons openly, being the laſt who were to ſpeak.

The three Biſhops, of Winton, Ely, and Litchfield, went immediately to the Court, hoping to receive great Thanks for their Service, but they waited a full Hour, e'er they could ſpeak with the King; how⯑ever they ſped afterward. And we were glad that we were freed of the Trouble. And now, I, who would not have given the Sentence for all the Gold in India, do expect God's Pleaſure, what will become of this Buſineſs hereafter, and ſubmit my ſelf [58] to God's Providence, who ever preſerveth thoſe that truſt in him.

Some Obſervable Things, ſince Sept. 25, 1613, when the Sentence was given in the Cauſe of the Earl of ESSEX, continu'd unto the Day of the Marriage, Decemb. 26, 1613.

THE Sentence being given for the Nullity, the Minds of Men in their ſeveral Places, were wonderfully diſtracted, and e⯑very one ſpake according to their Fancies. But for the moſt part there was a Deteſtation of the Thing, and a great Diſlike of thoſe that gave the Sentence, which was expreſs'd by all Courſes that Men durſt adventure upon. On the other Side, there was a ſtrange applauding and commending, of thoſe who withſtood the Separation; and from all Parts a Teſtimo⯑ny came unto them, That they had done like Honeſt Men, albeit the only Scope which they aim'd at, was the Diſcharge of their Conſcience, and not vain Popular Ap⯑plauſe. The Arch-biſhop the Day after the Sentence, went to the Court, to White-Hall, and waited on the King to Chapel, [60] ſtanding alſo by him in the Cloſet, where he was ſtrangely look'd on by the King, as he was alſo by ſome of the Lords; but nothing being ſaid unto him, he took no Notice of it, but bore all patiently. This Strangeneſs of the King held on at Hampton-Court, and elſewhere; and it came to the Arch-biſhop's Ear, that the King ſpake divers Times hardly of him, but much magnify'd them of the Affirmative Part, and eſpecially my Lord of Wincheſter, as the worthieſt Man in the Kingdom. Some things were done alſo in Recompence to divers of them; as Sir Julius Caeſar's Son was made a Knight, my Lord of Winton's Son alſo had the ſame Reward, which ſome merry Fellow blighted with the Name of Sir Nullity Hilſon; and the Biſhop of Litch⯑field muſt remove to Lincoln; and as for Litchfield, it muſt be beſtow'd on Mr. Dean of St. Paul's, that ſo Doctor Cary might be preferr'd to the Deanery of Paul's, for which it was generally ſuppos'd, he ſhould pay well. But now it run currant, that the Arch-biſhop muſt no more have to do with Naming any to Church-Livings, but ſome Lords in Court ſhould diſpoſe of all; and principally it muſt be provided, that [...] Abbot muſt never be preferr'd, no, not ſo much as to Litchfield, ſo far was he from Lincoln, which was formerly promis'd un⯑to him. Theſe things grew deteſtable to [61] the People, who fear'd that even Religion would ſmart for it; but the Parties moſt malign'd, were ſilent and patient, expect⯑ing God's Leiſure, and Malice enough from ſome other Men. The firſt thing of Bit⯑terneſs that appear'd, was a Letter from Royſton, under the King's Hand and Signet, directed to the Commiſſioners in the former Sentence, but brought to the Arch-Biſhop about three Weeks after the Sentence. This was a moſt ſharp Letter, complaining that they of the Negative Part, for ſo they were ſtil'd, had hinder'd the Act to be made upon the Sentence; had ſolemnly Proteſted againſt that which was done; had given unto themſelves other Titles than were in the King's Commiſſion; had glo⯑rify'd themſelves in that which was done; by which they laid an Imputation upon the King's Conſcience, who had declar'd himſelf for the Divorce, and other things of the like Nature. This Letter being read to the Commiſſioners, the Arch-biſhop ſaid, That he knew not what it meant; for he underſtood of no Man that Proteſted, nor knew nothing of any Man's arrogating of Titles to him, or glorifying himſelf: And as for the Act, he ſuppos'd it to be made up in common Form, and never heard ought to the contrary, neither meddled with any thing therein, but left it to the Regiſter, and what he had done with it, he could not [62] tell. Furthermore, he aſk'd all the Com⯑miſſioners particularly, if they knew what this meant, or if any of them were able to charge thoſe of the Negative, with the Points quarrelled at; who all, with one Conſent, deny'd that they could, and expreſsly averr'd, that there was no ſuch thing done at the Time of the Sentence, as had been complain'd upon. When ſtand⯑ing thus in Admiration, Sir Daniel Dun took upon him to underſtand the Matter, and ſaid, that if the Regiſter were call'd, it would appear there was ſomething in it. Barker, the Regiſter, is ſent for, and being demanded whether he had made up the Act, he ſaid that he had drawn it up in a Form that he lik'd, but ſome other of the Com⯑miſſioners did diſlike it. And thereupon he ſhew'd two Forms, the one more large, the other more brief; but both of them ha⯑ving in it, that the Arch-biſhop, and the reſt of the Negative Party, proteſted againſt the Sentence. Here every Man wonder'd at him, out of what Ground he ſhould do this; and all the Commiſſioners with one Conſent, very much rebuk'd him, profeſ⯑ſing, that there was no ſuch Proteſtation us'd. For the reſt of the Charge in the King's Letter, Barker freed all in all things, ſave only Dr. Edwards, who was abſent by reaſon of his ſore Eyes. The Arch-biſhop upon this, deſir'd the Commiſſioners to ſuſ⯑pend [63] their Judgment touching Dr. Ed⯑wards, 'till he might anſwer for himſelf, ſaying, that Honour, Juſtice, and Charity, requir'd ſo much in his Behalf; and adding withal, that he doubted not but it would prove ſome miſtaking of the Regiſter's Part, to whom it was apparent, that ſmall Credit was to be given, ſince he had ſo groſsly ſet down of them, that they Proteſted, when all the Commiſſioners could witneſs the contrary. Moreover he deſir'd Mr. Chan⯑cellor of the Exchequer, and Sir Daniel Dun, to certify the Lord Chamberlain, how free and innocent from thoſe Aſperſions, the reſt were found, and that from Top to Toe, it was nothing but Miſpriſion. Before this Truth was diſcover'd, it was known that a Gentleman of the Earl of Northampton's, had ſaid to Sir John Leviſon, and that, as from his Lordſhip, That there was ſomething deſcry'd, which would break the Arch-biſhop's Back; ſuch Account was made of his Bu⯑ſineſs.

Thus Things paſs'd ſilently until the next Week, when upon the Thurſday, be⯑ing High Commiſſion Day, Dr. Edwards being amended, repair'd to Lambeth. His coming was watched; and then was deli⯑ver'd to the Arch-biſhop a ſecond Letter from the King, commending the Concur⯑rence of all to the Act, to be made up in common Form; but requiring the Com⯑miſſioners [64] to convene Dr. Edwards and the Regiſter before them, and to charge them with all the fore-remember'd Matters, and to learn where the Fault did lie. It was alſo commanded, that they ſhould require the ſaid Doctor and Regiſter, to ſet down in Writing what had paſs'd between them; and if it were found that Dr. Edwards were to blame, he ſhould be ſuſpended 'till the King's Pleaſure were farther known.

Theſe Things are fallen upon; and Dr. Edwards ſhew'd that the Regiſter had wronged him, and that no Part of the Ac⯑cuſation was true, in modo & forma, ap⯑pealing to the Commiſſioners, what Faith might be given to Barker conteſting againſt him; when it had been manifeſtly proved, that he had forged the Matter of Prote⯑ſtation againſt my Lord of Canterbury, my Lord of London, and the reſt. Time is aſ⯑ſigned to them to deliver in their Writings, and accordingly, about two Days after, Dr. Edwards bringeth to the Arch-biſhop his Anſwer, denying the Points whereon he was accus'd. But Barker brought no⯑thing till a Fortnight after; and then, by Candle-light, when the High-Commiſſion was riſen, and the Commiſſioners were de⯑parted, he delivereth a long Writing to the Arch-biſhop, who could not read it that Night; but reproved him for detaining it ſo long.

[65] On the Morrow, my Lord of Canterbury perus'd this Declaration; as as he found it to be uncertainly and diffidently ſet down for ſome other Circumſtances, ſo he diſco⯑vered there one Thing much to be obſer⯑ved, and that was, that Barker delivered, That ſome few Days after the Sentence, the Lord Chamberlain ſent for him, find⯑ing Fault that the Act was not made up. And there Speech was, That ſome deſir'd to have their Titles put in, as well as the Titles of others; and for that, Barker na⯑med Sir John Bennet. Whereunto the Lord Chamberlain ſaid, I know no Title that he hath: Yes, ſaid Barker, he is Judge of the Prerogative Court of Canterbury. But Bar⯑ker concludeth the Narration, That him⯑ſelf finding that he had named Sir John Bennet unjuſtly, therefore was in mind to excuſe him, and was about to ſay, that he had done him Wrong; but the Lord Cham⯑berlain was ſo angry, that he could not bring it forth; but went his Way, leaving the Lord in that Opinion.

By this it was deſcry'd, that in the firſt Letter Sir John Bennet was aim'd at, as well as Dr. Edwards, to put ſome Diſgrace upon him, which made Men wonderouſly marvel at the vindicative Mind of ſome Men, who ſought for an Occaſion to do other Men Diſgrace. The End of the Matter was, That no Man could be touch'd; [66] and therefore the Arch-biſhop, taking Sir Julius Caeſar with him, acquainted the King (who was now return'd from Royſton) with the State of the whole Matter; informing his Majeſty, that Fault fell on no Man ſave the Regiſter; and therefore, if his Highneſs were pleaſed to have him pu⯑niſh'd, it might be ſo: But for the Thing itſelf, ſince the Report was more than there was Cauſe, Mr. Chancellor of the Exchequer ſaid, It was better to let it die, and ſtir in it no farther. To this the King aſſented, being not willing that any Puniſhment ſhould be laid on the Regiſter; whereby it appeared, that the Intendment was, in the ſtirring of theſe Coals, to have burnt ſome greater Perſons than Bar⯑ker, the Regiſter.

All this while it was confidently given out, That becauſe the Sentence had been oppos'd, there ſhould a Book be written in the Defence of it; and one while it ſhould be by a Divine, and that ſometimes was my Lord of Winton, and ſometimes my Lord of Ely; and it was ſaid, they were earneſtly about it: Another while, it ſhould be by a Civilian, and then Sir Da⯑niel Dun muſt do it: But at other Times it muſt be by a Scotchman, who had written ſomewhat of that Argument before the Sentence; and other while two Scotchmen muſt join together about it: And to make [67] the Thing the more probable, the Lord Felton ſent to the Arch-biſhop for the Copy of the Scotch-man's Writing, which was ſent unto him; and after copying of it out, it was return'd to my Lord of Canterbury again. This Speech of a Book continu'd about nine Weeks in all; but at laſt Dr. Stuart, and Dr. Bird, were ſent for to the Lord Chamberlain, and their Judgment was ask'd concerning that Point. Their Advice was, That it ſhould by no means be medled withal, but that Things ſhould die of themſelves: But no Queſtioning by Writing; for ſo it might go on to the World's End: For one Book might breed another; and ſo, they whom it concern'd ſhould never be in reſt. This was reſolv'd on; and afterwards there was no more Speech of Writing, ſaving only faintingly and whiſperingly, but nothing to the Purpoſe. It ſeem'd that the Commiſſioners who were for the Nullity had enough of it, and deſir'd no more to bring themſelves on the Stage, being ſo by all Men ex⯑claim'd upon for that which they had done.

The Biſhop of Winton, after the Sen⯑tence, went down with great Jollity, full of Hope and Glory; but within a while after, he grew much daunted, as ſome a⯑bout him, and namely his own Daughter, reported; for he heard many Ways of the [68] ſtrange Deteſtation which the World had of the Deed; and the nick-naming of his Son, much affected him: But his Adver⯑tiſements from Sir Richard Norton, his Son-in-Law did much trouble him: For Sir Ri⯑chard wrote divers Times from London to his Wife, That he could come in no Place, but his Father-in-Law was rail'd upon: That Men told him, that he thought he had a Wife, but it was no longer than my Lord of Winton pleas'd; for whenſoever he offended him he could make a Nullity between them. Beſides, the ſaid Sir Ri⯑chard told Mr. John More of Lincoln's-Inn, divers Times, That it was ſuch a Diſgrace unto him to hear how the World talk'd of that Sentence, that although my Lord of Winton promiſed to give him, his Wife, and Family, their Diet and Entertainment ſo long as he lived, yet he would get him to his own Houſe, and live there, where he had Means ſufficient, and not be ſubject to that perpetual Scorn which would follow him ſo long as he remain'd in his Father-in-Law's Company.

By theſe, and the like Paſſages, it was gueſs'd, that the reſt of the Commiſſioners, who were for the Sentence, had little Com⯑fort in themſelves of that which they had done. On the other Part, the Arch-biſhop, and thoſe who ſtood with him, had their Honeſty and Juſtice ſounded out every Day more and more; and many Meſſages were [69] brought them, and divers Letters written unto them, or ſhew'd them by ſome Friends, from ſundry of the Biſhops in the Land, from the Univerſities, from many godly Preachers out of all Parts, which was an exceeding Conſolation unto them, among the many Frowns which they did bear, That there was an univerſal Concurrence of all honeſt Men to approve that which they had done. And the Arch-biſhop had privately, from many great ones in Court, and Nobles, and worthy Perſonages elſe⯑where, ſuch Significations of their good Acceptance which he did, that it cheer'd him much inwardly, and he was nothing diſmay'd.

Now, about the Middle of November, the Wheel was turn'd about: For ſince nothing could be gain'd by ſpeaking hardly of the negative Part, they thought they would make Uſe of them another Way, and that ſhould be by making the World believe, that they had now given Approbation of the Fact. And thereupon it was, in Court and London, aſſeverantly given out; and the Fame of it went far and near, That the Arch-biſhop, and the reſt, after more mature Deliberation, had teſtify'd their Concurrence with the reſt of the Commiſ⯑ſioners, and all now were of one Mind. Men did not haſtily believe this; but yet divers of good Rank came and ſent to the [70] Arch-biſhop and the reſt, to know whether thoſe things were ſo or no. And when it was found to be but a Jargon, it gave a great deal of Contentment, and remov'd a⯑way much Scandal which formerly was ta⯑ken. Yet again afterward it was bruted, the ſecond Time, That my Lord of Can⯑terbury had given the King Satisfaction in the Matter; and my Lord of London, on ſuch a Sunday, had come and ſubmitted himſelf to my Lord Chamberlain, and the reſt had relented. Nay, it went ſo far, that in Yelverton, the King's Solicitor, and a great Dependent upon the Houſe of Suf⯑folk, told Mr. Pye the Counſellor, and Mr. Cholmeley the Earl of Eſſex's Solicitor, co⯑ming unto him about Books to be drawn up, for paſſing back the Jointure of the Lady Frances's Part, and the Portion of the Earl of Eſſex's Part, That the gainſaying Commiſſioners were now conſenting, and the great Man beyond the Water was come over; which he knew ſo aſſuredly, that he had ſeen it ra⯑tify'd by the Subſcription of the Arch-biſhop and the reſt. Yea, farther, he added, that there was great Reaſon, at the firſt, wherefore my Lord of Canterbury, and the others, ſhould ſtand againſt the Separation; for they had juſt Cauſe, at the firſt, to fear that this Fact might be drawn into Example, and ſo Marriages ordi⯑narily be violated; but now it was reſolv'd that no more ſuch ſhould be permitted, and thereupon [71] they aſſented. Theſe Things were inforc'd to be endur'd with Silence, for the avoiding of Clamour, and making of Trouble.

But now behold an admirable Device of the Biſhop of Litchfield, which ſheweth what his own Opinion was of the Validity of the Sentence. I will ſet it down as it came to be acted.

On the 26th of November, Searle the Proctor cometh to my Lord of Canterbury at Lambeth, and bringeth with him a Writ of Certiorari out of the Chancery, direct⯑ed to the Commiſſioners in the Cauſe be⯑tween the Lady Frances and the Earl of Eſſex. The Arch-biſhop was pray'd to open it, and ſo he did, and there found that four of them, ſub ſigillis veſtris were, re⯑quired to certify Recordum Sententiae, into the Chancery. The Arch biſhop aſked Searle, If this were an uſual Thing? Who anſwered, No, he had not known any ſuch Thing before: It is reply'd, What then ſhould be the Reaſon thereof? Anſwer was made, That ſince the Matter was controverſed in the Sentence, leaſt there ſhould be Queſtion of the Marriage afterwards, the Earl of Somerſet would have the Sentence lying by him under the Great Seal of England ratify'd. The Arch-biſhop thought that to be but a weak Hold, yet charged Searle to ſee ſuch an Inſtrument drawn, and a Certificate ſhould according⯑ly be made. On the Wedneſday after, Bar⯑ker [72] the Regiſter, cometh to Lambeth, and ſheweth a Form of a Draught in Paper, how the Certificate ſhould be return'd in the Names of all the Commiſſioners ſpe⯑cially put down. The Arch-biſhop, in the Reading of it, found five or ſix Lines ha⯑ving a black Line drawn under them; and thereupon, the more marking the Words contained in them, found that which he liked not. Thereupon he aſk'd Barker, who lined thoſe Words? Barker ſaid, He him⯑ſelf did. The other aſked, What was the Reaſon of it? And it was anſwer'd, Becauſe Sir John Bennet and ſome other of the Doctors with him had diſliked that Sentence. Quoth the Arch-biſhop, And they had Reaſon for it: Who put them firſt in? Barker ſaid, None but himſelf. Quoth the Arch-biſhop then, May not the Certificate ſtand as well without thoſe Words as with them? To which Barker anſwer'd, Yes. Then ſaid the Arch-biſhop, Let them be ſtricken out. Here the Regiſter, with ſomewhat ado, faintly made Anſwer, That the Commiſſioners on the other Side would by no Means have them out. The Arch-biſhop ſaid, Then I perceive it is a Device to entangle us: I am ready to certify the Sentence as the Writ requireth, but I will none of this. Bar⯑ker, I am firſt in the Commiſſion, and for my Place ſake, I would have looked, that I ſhould have been conferr'd withal, what had been fit to return, and not to have had this Trick put [73] upon me, that either I muſt certify that which croſſeth my Judgment at the Time of giving the Sentence, or I muſt be forced not to certify at all. So Barker departed, and all was quiet until the Monday after; at which Time the Arch-biſhop was early at White-Hall, the Council ſitting that Mor⯑ning. There, in the waiting Chamber, at the End of the Privy-Gallery, the Biſhop of Litchfield cometh to him, and ſaith, My Lord, we have receiv'd a Writ of Certiorari out of the Chancery, to certify the Sentence for the Nullity. Yea, ſaith the Arch-biſhop, and I am ready to certify it. But, ſaith the Bi⯑ſhop, He who framed the Writ, hath made it ſub Sigillis veſtris, and doth not know that there is a Seal of Office for the Delegates; it ſhould have been ſub Sigillo Communi. Be⯑fore the Arch-biſhop could reply, in co⯑meth the Lord Chancellor, and to him cometh out of the next Chamber the Lord Chamberlain; and then thoſe two Lords, together with the Biſhop of Litchfield, drew themſelves to a Window, and there had they ſecret Communication about the altering of the Form of the Writ, as the Effect declared; for that After⯑noon, a Cauſe being to be heard touch⯑ing Alimony, from Sir Pexal Brocas to his Lady; and the Committees in it being the Biſhop of Litchfield, and Mr. Chancellor of [74] the Dutchy, and my Lord of Canterbury being Umpire; before Mr. Chancellor was come, Bembo, Deputy to the Clerk of the Crown, came into the Parlour at Lambeth, and had private Speech with the Biſhop of Litchfield. The Arch-biſhop going out into the Garden, Litchfield follow'd him, and told him, That Mr. Bembo had brought another Form of a Writ; and thereupon ſhewed him the Words ſub communi ſigillo. The Arch-biſhop bid him do as he thought good, and withdrew himſelf into the low Stone-Gallery, whither Litchfield follow'd him, and uſed theſe Words: My Lord, here is a Form of a Certificate, which hath been thought fit to uſe in the Buſineſs of my Lord Chamberlain; and I hear your Grace ta⯑keth Exception to ſome Things in it. Then he pull'd out the very Paper which Barker formerly had ſhew'd. The Arch-biſhop anſwer'd, My Lord, have I not Reaſon to take Exception to theſe Words, that poſt om⯑nimodam Veritatis diſquiſitionem, poſt pro⯑bationes idoneas & de jure requiſitas, we gave ſuch a Sentence? For, to ſubſcribe this, were to proclaim my ſelf a diſhoneſt Man upon Re⯑cord: For if theſe Things be true, why did I deny to join in the Sentence? Quoth Litchfield, This here is true; for it cannot be deny'd, but ſome probationes idoneae, & de jure requiſi⯑tae were uſed; and we do not ſay that all were. [75] The Arch-biſhop anſwered, You ſhall do well, therefore, to certify poſt probationes aliquas, and I will joyn with you; but as it ſtandeth now indefinitely, it will be taken as if all had been uſed; I pray you therefore to alter the Certificate, and make Things plain. My Lord, quoth Litchfield, I will deal plainly with you; becauſe the Words were in, and doubt was made, whether they ſhould paſs or no: The King's Majeſty hath been acquainted with the Buſineſs; and he, by a Letter from Sir Thomas Lake, hath ſent Word expreſsly, that he will have them in. The Arch-biſhop ſaid, Let them then certify who will avow thoſe Words, for I cannot condeſcend unto them. And hath not that Perſon done a good Office, who hath informed the King hereof; that Diſtraction may ſtill be among the Com⯑miſſioners, and there may never be an End of Difference. The Biſhop ſaid, My Lord, I could wiſh that you would yield unto the King, and ſo give him Satisfaction. The Arch-bi⯑ſhop anſwer'd, What would you have me do? I gave the Sentence as I was perſwaded in Con⯑ſcience, and ſince that Time I have been ſilent, and meddle no way in the Matter: I did what I did upon long Deliberation; and I may not in Private, upon no Ground ſince appearing to me, croſs that which I have done in Publick. It was farther added, That there was Reaſon to ſuſpect, that they did ill Offices, who held thoſe Things ſtill on Foot: That there never was [76] any Man, who ſought to grace himſelf by diſ⯑gracing others, but it met him at the Lane's End, at one Time or another. Theſe Things paſſed then; and after the Cauſe heard be⯑tween Sir Pexal Brocas and his Wife, the Biſhop of Litchfield ſaid to the Arch-biſhop at his Parting, My Lord, you will give us leave to certify then as we purpoſe? To which the Arch-biſhop anſwer'd, Yea, with all my Heart.

The next Morning, the Arch-biſhop re⯑member'd, that by the Carriage of Things in ſuch Faſhion as was pretended, he might be trick'd: For if the Names of all the Commiſſioners were put into the Certifi⯑cate, and four of them might certify un⯑der a common Seal, it ſhould not be known hereafter, but that he and his Fel⯑lows concurr'd therein, and that, with the Words which were excepted againſt: He therefore ſent for Barker, and in the Pre⯑ſence of Sir John Bennet, and two Servants, being Publick Notaries, he expoſtulated with Barker, as ſerving Mens Turns, ra⯑ther than caring for Peace; and then pun⯑ctually he deliver'd theſe Things.

Firſt, The Writ requireth me to certify the Sentence, and I am ready to do it.

Secondly, If the whole Proceſs be deſir'd, I am willing to certify that alſo.

[77] Thirdly, For the Words in Queſtion, be⯑cauſe they were put in without my Privity, and they may as well be left out as put in, by your own Saying, I pray to be forborn for returning of them.

Fourthly, I require you to conceal theſe Things as much as you may, that the World take no new Alarm of any Difference between the Commiſſioners.

The Arch-biſhop ſpake of returning the whole Proceſs, becauſe he had heard, that at the firſt, it was meant it ſhould be ſo; but Dr. Stuart, and, perhaps, ſome other of the Civilians, diſſuaded that by all Means; leaſt, if the whole were on Record in the Chancery, every Man that liſt, hereafter, might cenſure that Sentence, and ſift the Grounds whereon the Commiſſioners proceeded; it was good, therefore, to take away that Occaſion.

When Matters were thus reſolv'd, the Biſhop of Litchfield, who meant to play his Prizes in this Service, ſpeaketh to Bem⯑bo, to draw ſome Preface, or Concluſion, to add to the Certificate; that it might not only be ſign'd with the great Seal, as af⯑ter the Form of an Inſpeximus; but that his Majeſty might add a Confirmation to it: And when Mr. Bembo, as unacquainted with this Faſhion, did not fit the Biſhop's Humour, his Lordſhip took on him to do [78] it himſelf. He drew up, therefore, a ſtrange Writing, as was inform'd by a cre⯑dible Perſon that ſaw it, containing bar⯑barous Latin, and no good Congruity of Senſe. But the Matter of it was, that his Majeſty having the Authority of the Pope now in himſelf, and in ſcrinio pectoris, ha⯑ving Power to ratify, did, ex plenitudine poteſtatis, confirm that Divorce to all In⯑tents and Purpoſes. In an Evening Dr. Martin was ſent for to the Lord Chamber⯑lain, and there was the Biſhop with his Papers. The Doctor, as it hath been ere⯑dibly deliver'd, being ſhew'd that Writing, and his Opinion thereupon being aſk'd, did utterly diſlike it, and ſaid, That the King claim'd nothing of the Pope's Power; but took that as his own, which the Pope had uſmp⯑ed: That the King had ſpoke before by his Judges Delegate, and had nothing more to do: That if the Sentence were not good already, no Confirmation could make it good. And when the Biſhop was earneſt in Defence of his Device, there was a little Heat ſtricken be⯑tween the Doctor and him, ſo that theſe Words paſſed from the ſaid Doctor: You do, as much as in you lyeth, ſpit in the Face of the King our Maſter, by laying on him all the Matter; whereas the Scandal that hath already been, is this, that his Majeſty is ſaid to deal ſo much in the Matter. My Lord, you are to [79] blame to enter into theſe Things without Advice of Men ſkilful in the Law: Hath Dr. Stuart or Dr. Bird been acquainted herewithal? The Biſhop ſaith, No; but for this Matter, I know as much Law at the beſt of you all. Dr. Martin reply'd, No: Your Lordſhip thinketh, that becauſe you have read two or three Chapters of the Canon-Law about this late Buſineſs, you know as much as we do, who have ſpent all our Lives in that Profeſſion: I tell your Lordſhip, I have ſtudy'd the Law theſe two and thirty Years; and therefore, you ſhall give me leave to believe that I know more therein than you can. I am the King's Advocate, and therefore may ſuffer nothing with my Conſent to paſs diſho⯑nourable to my Maſter.

Upon theſe Conteſtations, the Lord Chamberlain was much troubled, ſaying, What a Matter is this, that Men ſhould be of ſuch contrary Opinions! What ſhall we do? When the Biſhop murmur'd much that his Conceit was not follow'd, Dr. Martin ſaid thus: My Lord, in a Buſineſs of this Impor⯑tance, I will not wiſh your Lordſhip to follow my ſingle Advice, but let this be done; to Mor⯑row let Sir William Button, in your Lordſhip's Name, come to Doctors-Commons; and let him get together Sir Daniel Dun, Dr. Stuart, and Dr. Bird, and I will attend them; and then we will conſult jointly what is fit to be done.

[80] This Advice was much liked; and on the Morrow, being Friday, they all aſſem⯑bled, and, for two Hours, all Points were debated; but the Concluſion was, That there ſhould be no farther Confirmation: For this was to proclaim, that the Sentence was de⯑fective in itſelf, which would make a great Buzz in the World: And therefore, the Counſel was in general, That too much had been done, and for the Time to come, the Care muſt be, how to lay it aſleep fairly.

This Reſolution being taken, the next Knack was, that ſo many of the Com⯑miſſioners as were for the Sentence, ſhould be call'd together; and they ſhould be made acquainted with this, that the Biſhop might be fairly put off. On the Saturday Night, therefore, in the Dark, at Sir Ju⯑lius Caeſar's Houſe in the Strand, met the Biſhops of Ely, Litchfield, Rocheſter, the two Chancellors of the Exchequer and Dutchy, and Sir Daniel Dun, and well near for an Hour, they privately debated what they thought fit, but, as it ſeemeth, reſolv'd as before, and ſo departed.

A Friend being the next Day with the Lady Caeſar, and knowing of the Meet⯑ting, aſked her, What about it was? She anſwer'd, It is ſomething about the late Nul⯑lity; but what it is, I do not know. It ſeem⯑eth, that they who were the Doers in it, think [81] ſomewhat is amiſs. They ſuppoſe all is not well about it, and I, for my part, think ſo alſo.

A Man would have ſuppoſed, that all theſe Things ſhould have contented the Biſhop of Litchfield; but he was ſo far in Love with his own Invention, that yet he would not be beat off; and therefore, to merit the more, he once again moveth the Lord Chamberlain to ſend to Sir Francis Bacon, and to Mr. Yelverton, being of the King's learned Council, to know their Opi⯑nion: Which being done; and they two, for the Reaſons above named, concurring with the Civilians: The Biſhop, as it hath been credibly related, ſaid of them, together with the reſt, They are all Fools, And ſo ended this Stratagem; but the Worker thereof was not yet for an End.

From the Beginning of this whole Queſti⯑on of the Nullity, the Biſhop of Litchfield had carry'd himſelf variouſly, ſometimes being vehement in Words, publickly a⯑gainſt the Separation, and other Times in Deed, giving Furtherance to it. Many Speeches he had privately with the Arch-Biſhop, making ſhew of much Honeſty and Reſpect to him, which the Arch-biſhop e⯑ver warily obſerv'd; thinking, notwith⯑ſtanding, that theſe had been Teſtimonies of the working of his Conſcience, conflict⯑ing in it ſelf, but not reſolv'd what to do. [82] In the mean Time, from the Court, from London, and out of the Country, the Arch-biſhop was ſtill call'd upon by divers wor⯑thy Friends, That he ſhould take heed of that Biſhop; that he was ever, and in all Things naught: That he did all the worſt Offices that poſſibly he could, and was ſtill ſtirring the Coals, to procure to himſelf a Reputation; that he was zealous of the Houſe of Suffolk. The Arch-biſhop forgot not thoſe many Warnings, but carry'd himſelf very warily towards him: Yet out of Charity, it ſtill came in his Mind, He is a Biſhop, I know no Evil of him; I ought not to condemn a Man upon a Generality; I have no particular Proof of his Miſbehaviour in this behalf, although he dealt ill with the late Lord Treaſurer, and moſt falſly with the Arch-biſhop Bancroft in his Life-time, and after his Death; and for that Cauſe was deteſted by both of them; yet an honeſt Man may think, that Experience hath reform'd him, and now he is amended. Yet it much affected the Arch-biſhop, that all Men ſpake ſo ill of him; and one Speech of an old Courtier, a very honeſt Knight, enter'd far with him. For about a Fort⯑night before the Marriage, the ſaid Cour⯑tier, ſpeaking privately with the Arch-Biſhop, among other Words, he us'd this. I know not what the Biſhop of Litchfield doth among you; but he hath made a ſhift [83] to be taken for a Knave, generally with us in the Court. Now, whether the next Prank will verify ſo much or no, let the Reader judge. Eight Days before the Marriage, on a Saturday Morning, that Biſhop com⯑eth to Lambeth, and in private Conference with the Arch biſhop, he telleth him, That out of his Love and Reſpect to his Grace, he was come voluntarily, as of himſelf, to know his Mind about one Matter, and it was this. On St. Stephen's Day, ſaith he, the Lord Chamberlain meaneth to have this great Mar⯑riage go forward: Now it may, perhaps, be deſir'd, that a Licence ſhould be given by you, that the Banes may not be aſk'd, which if you like not to grant, I may be the Means to free you from being mov'd to it. The Arch-biſhop ſaid, What have I to do with grant⯑ing of a Licenſe; it belongeth not to me: But wherefore ſhould there be any Need of a Licenſe; the Marriage is intended to be Publick; Masks and Shews are made for the ſame; all England taketh Notice of it, and therefore it were good, that the Banes were openly aſk'd, as the Manner is of ſuch Mar⯑riages as are made in the King's Chapel. Yea, the Lady Elizabeth herſelf, had her Banes aſk'd. My Lord, ſaith Litchfield, there is ſome Cauſe why it ſhould be done without publiſhing the Banes: For peradventure ſome [...]dy may ſtep up, and make a Diſturbance. [84] You know what a mad, naked Fellow, came in to St. James's, after the Death of the Prince; if ſuch a one ſhould come in now, what a Work would it make? The Arch-biſhop won⯑der'd within himſelf, to hear ſuch a Re⯑ply, and thought ſurely, that it was no mad Body that they ſhould need to ſtand in fear of, but they ſuſpected ſomewhat elſe. But his Anſwer was, My Lord, there come no ſuch into the King's Chapel; there be Doors and Officers to keep ſuch out. But if it ſhould be ſuſpected, that any would op⯑poſe, it is beſt the Banes be aſk'd, for then there will be ſome warning of the Gain-ſaying; whereas, otherwiſe, if at the Time of the Mar⯑riage, one ſhould ſuddenly ſtart up, it would make a greater Trouble. Notwithſtanding the Biſhop went on, That a Licenſe would cut off all the Doubt. The Arch-biſhop an⯑ſwer'd, But what have I to do with grant⯑ing a Licenſe in the King's Chapel: It be⯑longeth to the Ordinary of the Place, and that is my Lord of Bath, as Dean of the Chapel. Litchfield reply'd, He never granted any, and he hath no Seal for that Office. It was an⯑ſwer'd, He never granted any, becauſe no Body ever deſir'd it; but the Manner was, that the Banes were publiſh'd. But as for the Seal of the Office, who doth not know that any Seal will ſerve; and none better than his Biſhop's Seal, it being ſaid, Datum ſub ſigillo noſtro [85] Epiſcopali, quo in hoc caſu; or hoc Tempore utimur. King James at the firſt, did uſe the Seal of Queen Elizabeth, 'till a new one was made. The Biſhop proceedeth, Yet it would be fit that you granted the Licenſe, if it be requeſted. To this the Arch-biſhop ſaid, I ſhall do that which never any of my Predeceſſors did. Yes, quoth Litchfield, If you would ſeek your Records, you ſhould find ſome ſo granted. The Arch biſhop anſwer'd, I have enquir'd of my Officers, and they tell me, That no ſuch thing was heard of, in Omni Hominum Memoria. But my Lord, I know that my Lord of Bath hath it under the Great Seal of England excluſively, to the Arch-biſhop; ſo that in direct Words there is a Reſtraint, that he may not meddle there. Yea, but, quoth Litchfield, you have an Act of Parliament, enabling you to grant Diſpen⯑ſations to the King and his Children; and therefore it belongeth to you. Said the Arch-biſhop, Do not you think that I underſtand the Act of Parliament as well as you? My Lord, Do you think that that Statute was made for theſe ordinary Graces and Diſpen⯑ſations? Why, is not your Lordſhip able, with⯑in your Dioceſs, to grant a Licenſe, that a Marriage may be ſolemniz'd, and not the Banes aſk'd? Yes, ſaith he, I may: Nay, every Arch-deacon may do it within his Juriſdiction. Then my Lord, quoth the Arch-biſhop, muſt [86] an Act of Parliament be made to grant the Arch-biſhop Power to do that which every Arch-deacon may do within his Precinct? There is ſurely ſome other Matter in it. But I marvel, my Lord, that you are now ſo earneſt for the Arch-biſhop's Licenſes, when, as I have heard, in the Days of my Predeceſſor, when you were Biſhop of Rocheſter, you would not ſuffer the Arch-biſhop's Licenſes to paſs within your Dioceſs: No, ſaith he, it was for Weſtminſter that I did ſtrive, not for the Dioceſs of Rocheſter. And it is true, that there be Records in that Church, that the Monks did contend with the King about di⯑vers Queſtions. I had Reaſon therefore, to ſtand for the Privileges of my Church. It was anſwer'd, So hath my Lord of Bath to ſtand for the Rights of the King's Chapel. The Arch-biſhop ſeeing how earneſt the Man was, in ſo unreaſonable a Thing, ſaid farther, My Lord, you have mine Anſwer, but let me now tell you one thing. It is ſix Weeks agone, that I heard from the Court, and many Times ſince I have had it reiterated, that ſuch a Trick ſhould be put up⯑on me: That although it needed not, yet I ſhould be mov'd for granting this Licenſe, be⯑cauſe thereby I ſhould be conſtrain'd, either to grant it, and ſo croſs my former Sentence, and involvedly give my Conſent to the Nullity, or I ſhould deny it, and ſo grate once again up⯑on [87] the King's Diſpleaſure. You ſee now I have given you a fair Anſwer, which may free me from both. But, my Lord, I pray God you do good Offices in this Buſineſs. I fear you put your ſelf into many Things, which may be better forborn. But let me tell you, there was never any Man, who ſought to raiſe himſelf by wronging another, but at one Time or other he had enough of it. It is now almoſt three Months ſince this Sentence is given, and ſince that Time, I have not meddled with the Matter, for offending the King. I am ſilent, and no way oppoſe, and Men have their End; yet cannot I be quiet. I would have you know, that God beholdeth theſe things, and remembereth them. And for my Part, I am not blind, I ſee well what is done; and I ſhall not always be ſilent. The Time will come, that I muſt ſpeak; and it ſhall appear I am not Tongue-ty'd. This made the Biſhop not ſo forward as before, but Occaſion of a farther Speech being offer'd; the Arch-biſhop went on, and ſaid, The Sentence which I gave, was in the Fear of God, and according to my Conſcience: And if that had been done, which was convenient, and we called for, there needed not to have been any Diviſion in Judgment. For, my Lord, you may remember when you came to me at Croydon, and brought theſe Papers from the King, after the reading whereof, I ſlept little that Night, [88] how deſirous I was to give his Majeſty Satiſ⯑faction; and therefore pray'd you, fetching out the Proceſs unto you, to tell me whereupon I ſhould ground my Sentence. You ſhew'd me one Article, that he had not known her, nor he thought that he never ſhould. I told you then, Yea, that was for want of Love, for he ſaid, When I came out of France, I lov'd her; I do not ſo, neither ever ſhall I. It is want of Love. To this the Biſhop ſaid, Yea, and the Earl added, That he had done his Beſt oftentimes, Carnally to know her, but he found an Imperfection in him⯑ſelf. The Arch-biſhop reply'd to this, Oh, my Lord! Never ſay ſo; for his Lordſhip's Anſwers upon his Oath, are to the contrary: He found no Defect or Impediment in him⯑ſelf. And if I ſhall ſpeak my private Opi⯑nion, although I would not have you believe it, I think the Earl as able a Man for a Wo⯑man, as any is in England. And I think to the contrary, Quoth Litchfield. The Arch-biſhop went on: But, my Lord, when your Lordſhip and I had theſe Difficulties in our Mind at Croydon, you told me of one thing which I embrac'd as an Oracle from Heaven. And that was, that to rid our ſelves of theſe Diſtractions, we had no other Way, but to call the Earl of Eſſex again upon his Oath, that ſo giving us a fuller Anſwer, we might either have good Ground to pronounce for the Nullity, or [89] Matter to give Reaſon why we might not condeſcend unto it. I approv'd this, and you know how the next Day, in publick Court, it was mov'd, and my Lords of Wincheſter, Ely, Rocheſter, and your ſelf, gave very good liking to it; and no Man ſaid any thing againſt it, except Mr. Chancellor of the Exche⯑quer, who ſoftly ſpake, I know not whether that will be permitted. But you may re⯑member, you were intreated to deliver this to the King at Theobalds, from whom you brought Word, That it ſhould not be granted, be⯑cauſe the Earl of Eſſex, being partly pro⯑vok'd by his falling out with Mr. Henry Howard, and partly being counſelled by the Earl of Southampton, would ſpeak all things to hinder the Nullity. My Anſwer then was, That he was to ſpeak upon his Oath, and we would moſt ſtrictly examine him. When that was deny'd, which ſhould have led us to the Truth, I muſt confeſs I had never any mind to pronounce for the Se⯑paration. The Biſhop ſeem'd to take no great Pleaſure to hear theſe things thus repeated, but fared, as if he could have wiſh'd, that they all had been forgotten. The Concluſion of all was, that the Biſhop ſeem'd to be well ſatisfy'd, that no Licenſe was given, and promis'd the Arch-biſhop, to take Care that he ſhould no farther be troubled with it, aſſuring him, That he did [90] ever good Offices to him, whereof the King could give Witneſs, and would; and he would ever make the beſt of things. To which the Arch-biſhop ſaid, If he did, he would take it for a Kindneſs at his Hands, and ſo he depar⯑ted.

Accordingly, the next Day the Banes were aſk'd in the Chapel, and there was nothing but fair Weather, the Arch-biſhop attending the King in the Cloſet. On the Monday the King went to Hampton-Court; and that Day the Biſhop of Bath and Wells came to Lambeth: He told the Arch-biſhop, that he had a direct Meſſage unto him from the King, and that was, That his Majeſty did much marvel, that he ſpake not with him about the Sentence: That the King expected Satisfaction and Submiſſion. His Lordſhip added, That he perceiv'd that the King had ſome Scruple in his Mind, which he wiſh'd ſhould be remov'd before his go⯑ing to the Communion on Christmas Day. The Arch-biſhop knew not that the Biſhop of Litchfield had dealt any Way treache⯑rouſly with him, and therefore was con⯑ſtrain'd to anſwer, in general, that he knew not what to ſay to his Highneſs. He perſuaded himſelf, that in giving of the Sentence he had done his Duty, and therefore could not tell how to make a Submiſſion where he conceiv'd no Fault. [91] If in any Circumſtance he had err'd, he was ready to teſtify his Sorrow for it; but he knew no ſuch Thing; yet, if his Maje⯑ſty was diſpleas'd at him, to ſignify his Obedience to his King and Sovereign, to whom he was ſo much bound, he would not refuſe, if the King were pleas'd to re⯑ſtrain him of his Liberty, and lay him in the Tower all the Days of his Life, to ſubmit himſelf unto it patiently, without Murmuring.

Furthermore, he pray'd the Biſhop of Bath, and (who, on the Morrow, was to go to Hampton Court) to ſignify, humbly to his Majeſty, That he had nothing in this World more precious than his Life; and that he wiſh'd, that he had given that Life as a Redemption, that the King's Hand had never been in that Buſineſs. And withal, he ſaid, that at the coming of the King, he would attend his Maje⯑ſty.

On Wedneſday Night, the King came to White-Hall; and on the Thurſday, after Dinner, my Lord of Canterbury went to the Court, where they were all buſy about Plate and Jewels againſt the Marriage. Not⯑withſtanding, he had haſtily Speech of divers Matters with the King; and in the End, he ſaid privately unto his High⯑neſs, May it pleaſe your Majeſty, I underſtand, [92] by my Lord of Bath and Wells, That your Majeſty expects that I ſhould give you an Ac⯑count about the Matter of the Lord of Eſſex, and the Lady Frances: I can ſay nothing more than this, That I was put into the Commiſſion as a Judge, and at the Time of Sentence, I did my Conſcience; and ſince I have not meddled with the Matter. Yes, ſaith the King, I hear you deny'd a Licenſe to be granted, for not aſking of the Banes; which I wonder you would do, ſince the Sentence was paſs'd. No, ſaid the Arch-biſhop, I deny'd no Licenſe; but I advis'd, that the beſt Courſe was, that the Banes ſhould be aſk'd according to the Cuſtom us'd in the Chapel.

Secondly, I ſaid, That if any Licenſe ſhould be granted, it belong'd not to me to give it, but to the Ordinary of the Place, the Dean of the Chapel, who hath it under your Majeſty's Great Seal, excluſive to the Arch-biſhoprick. Yea, ſaid the King, My Lord of Bath ſaid ſo; but I am told it is otherwiſe. The Arch-biſhop reply'd, Nay, it is ſo in⯑deed.

And thirdly, ſaid he, My Anſwer was, That never any of my Predeceſſors granted Licenſe for any Thing done in the King's Chapel: I have receiv'd Information ſo, from my Officers. It had then been Pre⯑ſumption in me, to attempt that which belong'd not unto me. This is another [93] ther Matter, ſaith the King, Were theſe your Anſwers? I was told otherwiſe. But I will take ſome other Time to ſpeak with you. The Arch-biſhop, after this, attended half an Hour, and nothing being ſaid, he de⯑parted.

The ſame Night, a Friend coming to Lambeth, told my Lord, That he had been that Day with the Lord Knowles, where he found, that the Biſhop of Litchfield had exceedingly wrong'd my Lord of Canterbury: For he had reported all the Speech about the Li⯑cenſe, in a ſpiteful Manner, ſaid, it was abſo⯑lutely deny'd: That the Arch-biſhop gave out, That the Earl of Eſſex was very Potent for a Woman; and that he intended to que⯑ſtion this new Marriage, at one Time or other, that it ſhould never take effect.

This ſaid, the Gentleman made a great Stir among them; and the Arch-biſhop was much blamed, that he would never make an End: But they were much trou⯑bled at it, as fearing themſelves, that all was not ſure. But, quoth he, when I had told them, that this was ſome ill Office of the Biſhop of Litchfield, who had every Day new Inventions to puzzle them, that he might ſo much the more indear himſelf unto them, by ſignify⯑ing his Zeal for them; and that I knew how fairly my Lord of Canterbury had anſwer'd him, (for ſo indeed he did) and that he was [94] ſo far from diſturbing the Marriage, that he intended to be preſent at it; they were not only appeaſed, but ſeem'd much content, that his Grace would be there: And this I aſſure you to be true.

When the Arch-biſhop heard this, he was now ſatisfy'd, that the Man who had done him all the Wrong, was the Biſhop of Litchfield; from whom he reſolv'd after⯑ward to be very wary how he truſted him. Yet, profeſſing that he forgave him with all his Heart, on the Chriſtmas-Day he at⯑tended the King, and receiv'd the Commu⯑nion with his Majeſty; and ſo, coming Home to Dinner, Sir Charles Cornwallis came along with him. This Gentleman is one, to whom, for his Love, the Arch-biſhop was much beholden; and after Dinner they grew privately into Speech of all theſe fore-remember'd Stirs; where the Knight found much Fault that ſo ma⯑ny Tricks were put upon the Arch-biſhop; blam'd infinitely the Biſhop of Litchfield; promiſed to acquaint ſome of his great Friends with his Qualities, and aſſured to make, Things be rightly underſtood; and took away with him that Report, wherein he ſeemed much to joy, that the Arch-bi⯑ſhop would be at the Marriage.

On the Morrow, being St. Steven's Day, the Arch-biſhop went to the Court, atten⯑ded [95] the King to Chapel, went down to the Marriage, (where, not the King, but the Lord-Chamberlain, gave the Bride) had a Pair of Wedding-Gloves, and ſo came Home to Dinner, where he ſate with much Comfort, as being glad, that ſince Things muſt be ſo, they were come to an End: And ſo pray'd God to bleſs his Church, the King, and Kingdom, and him⯑ſelf; that he might be free from ſo many Vexations, as for a long Space undeſervedly had follow'd him.

The SPEECH intended to be ſpoken at Lambeth, Sep⯑tember 25, 1613. by the Archbiſhop of Canterbury, when it came to his Turn, to declare his Mind concerning the Nullity of Marriage be⯑tween the Earl of Eſſex, and the Lady Frances Howard.
[Seven of the Commiſſioners having before de⯑clared themſelves that they would Sentence for a Nullity, and great Reaſon being to think, that the Biſhop of London, Sir John Bennet, Dr. James, and Dr. Edwards would give Voices againſt the Nullity.]

This is the Subſtance of that Matter, which the Archbiſhop of Canterbury, out of certain Notes which he had drawn up, was ready to have uttered, and no one material Point is added thereunto, as appeareth unto me, the Writer hereof, comparing it with the Notes at ſuch Time as I ended the writing of this, which was on the 28th of September 1613. three Days after the Time when it ſhould have been ſpoken.

The KING's Letter to the Archbiſhop of Canterbury.

AFTER I had received, and read your Papers, which the Biſhop of Litchfield brought me, I found it very neceſſary that I ſhould make anſwer thereunto at my firſt lei⯑ſure; for whereas, before, at my laſt meet⯑ing with you, ye ſeemed to me to be only as yet unreſolved what Sentence to give in this Buſineſs till you had heard it throughly diſputed, that by that means ye might be fully informed of the State of the Cauſe: it appears now by theſe Papers, that you have, after your laſt Days conſultation, put on a negative Reſolution, grounded upon Fundaments of Divinity and Conſcience, as you think, which hath mov'd me to ſend you herewith my Judgment upon your Ar⯑guments, in regard that I did ever hold it neceſſary that in a Matter of this Weight all my Commiſſioners ſhould be as near of one Mind, as might be, and therefore I would be ſorry that your private Conceits [133] ſhould ſo blind your Judgment, as to make you and your Followers draw the ^* Cathar⯑rows againſt your Yoke-fellows; for, that I may now open plainly my Heart unto you, at my firſt reading of your Papers from the Biſhop, I chance to caſt mine Eye firſt up⯑on the Paper of your Arguments before I had looked upon your Letter, and lighting upon your firſt Words, In as much as we do firmly believe, &c. I proteſt I thought it had been ſome ſtrange Confeſſion of Faith, that you had intercepted amongſt ſome of the Sectaries; but when I had read out the reſt of that firſt Article, God is my Judge, I thought that Paper had been ſome Paſquil made againſt this Divorce, which coming to your hands ye had ſent me, and therefore without reading any farther therein, I look⯑ed upon your Letter, which reſolv'd me of all theſe Doubts; but after that I had fully peruſed, and rightly conſider'd of all your Papers, I found your Principles ſo ſtrange, and your Doubts ſo far ſought, that I thought it neceſſary, as I have already ſaid, to ſet down unto you my Obſervations upon them. But to conclude my Letter with that plain⯑neſs that becometh one of my Quality, I muſt freely confeſs, that I find the Grounds of your Oppoſition ſo weak, as I have rea⯑ſon to apprehend, that the Prejudice you [134] have of the Perſons, is the greateſt Motive of breeding theſe Doubts into you; which Prejudice is the moſt dangerous Thing that can fall in a Judge for miſleading of his Mind. And the Reaſon moving me to this Apprehenſion, is partly grounded upon your laſt Words to me at your parting from Windſor, and partly upon a Line ſcrap'd out in your Paper of Doubts, for I am ſure you think me not ſo blunt a Secretary, but that I can read a Line ſo ſcraped out. In your laſt Speeches with me, you remember you told me what Aſſurance you had of the Earl's Ability out of his own Mouth, which you ſaid you could not but truſt, becauſe he was ſo religious a Nobleman. But when I told you of the other Party's contrary Af⯑firmation, you remember how you uſed the Word of Iniquity, and how far your inter⯑lined Line ſeems to have a Harmony with this Word, your ſelf can beſt judge. Now then, if I would ask you what Proof you have of the one's Religion more than the o⯑ther's, you muſt anſwer me, by judging upon the Exterior; and how deceivable that Gueſs is, daily experience teaches us. But with a ho⯑ly Proteſtation that I never knew any Thing but good in the young Earl. Was not this the Ground of Maſter Robert Bruſe's Incre⯑dulity, becauſe he knew the Earl of Gowry to be truly Religious; and did not beg a Regiſter. Bothwel in his Preface of his Book [135] De viris Illuſtribus. And as for your Judgment of the other Party, Chriſt's Precept is the beſt Anſwer unto you, nolite judicare. But if the Queſtion were to judge of the Earl's Inclination, whether is it likely that you or I could beſt judge of it; I, he having been bred with my late Son, and ſerv'd him ſo long, or you that never ſpoke with him but once or twice in your Life, and never knew either good or evil of him but out of his own Mouth. I will conclude therefore, with inverting the Argument; that if a Judge ſhould have a Prejudice in reſpect of Perſons, it ſhould become you rather, to have a kind of Faith implicit, in my Judg⯑ment, as well in reſpect of ſome Skill I have in Divinity; as alſo that I hope no honeſt Man doubts of the uprightneſs of my Con⯑ſcience; and the beſt thankfulneſs that you that are ſo far my Creature, can uſe to⯑wards me, is, to reverence, and follow my Judgment, and not to contradict it, except where you may demonſtrate unto me that I am miſtaken, or wrong imformed, and ſo farewel.

The LIBEL promoted by the Lady FRANCES HOW⯑ARD, againſt ROBERT, Earl of Eſſex, before the King's Delegates, Authorized under the Broad Seal. Ann. 1613. Viz. • GEORGE, Archbiſhop of Canterbury; , • JOHN, Biſhop of London; , • LAN⯑CELOT, Biſhop of Ely; , • RI⯑CHARD, Biſhop of Litchfield and Coventry; , • Sir JULIUS CAESAR, L.L.D. , • Sir THOMAS PARREY, L.L.D. , • Sir DANIEL DUNN, L.L.D. , • JOHN BENNET, L.L.D. , • FRANCIS JAMES, L.L.D. , and • THO⯑MAS EDWARDS, L.L.D. 

I. FIRST, that She, and Ro⯑bert, Earl of Eſſex, were married by publick Rites and Ceremonies of the Church, on the 5th Day of January, 1606.

[137] II. That ſhe at that time was full Thir⯑teen Years old, and is at this preſent, about Twenty Two, or Twenty Three.

III. That the foreſaid Robert, at the time of the pretended Marriage, was a⯑bout Fourteen Years old, and is at this pre⯑ſent, about Twenty Three or Twenty Four, and at that time, and ever ſince, and at this preſent, is a Man (as far forth as a Man can judge) and hath been in good Health and perfect Eſtate of Body, not a⯑ny way hindred by any Ague or Sickneſs, but that he might have carnal Copulation with a Woman.

IV. That ſince the pretended Marriage, at leaſt by the Space of whole and continu⯑ate Three Years, after the ſaid Robert had fully attained to the Age of Eighteen Years, as Time and Place did ſerve, after the faſhion of other married Couples, the ſaid Frances Howard, in hope of lawful Iſſue, and that ſhe might be made a Mother, li⯑ved together with the ſaid Robert at Bed and Board, and lay both naked and alone in the ſame Bed, as married Folks uſe; and deſirous to be made a Mother from time to time, again and again, yielded her ſelf wholly to his Power, and as much as lay in her, offer'd her ſelf, and her Bo⯑dy [138] to be known, and earneſtly ſought and deſired Conjunction and Copulation.

V. And alſo the ſaid Earl in the afore⯑ſaid time, very often, again and again, did try to have carnal Copulation, as with his lawful Wife, which ſhe refuſed not, but uſed the beſt Means ſhe could; notwith⯑ſtanding all this, the ſaid Earl could never carnally know her, nor have that Copula⯑tion in any ſort which the married Bed alloweth.

VI. Yet before the ſaid pretended Mar⯑riage, and ſince the ſaid Earl hath had and hath Power▪ and Ability of Body, to deal with other Women, and to know them car⯑nally, and ſometimes hath felt the Motion, and Prick of the Fleſh, tending to carnal Copulation, as he ſaith and believeth, and peradventure truly; but by a perpetual, and natural Impediment, hath been hin⯑dred all the former time, and is at this preſent, that he can have no Dealing or Copulation with the foreſaid Lady Frances.

VII. Furthermore, the ſaid Lady Fran⯑ces hath been, and is a Woman fit and a⯑ble to have Copulation with a Man, and ſuch an one, as may be carnally known, neither hath in this regard any Impedi⯑ment.

[139] VIII. Moreover the ſaid Lady Frances remaineth, and is at this preſent a Vir⯑gin.

IX. Beſides, at the time of the pretend⯑ed Marriage, the ſaid Lady Frances was utterly ignorant and unacquainted with the ſaid Earl's Unability, and Impediments formerly mentioned.

X. Alſo the foreſaid Earl long before this Suit commenced, hath very often, and at ſundry times confeſſed in good Earneſt, before Witneſſes of Credit, and his Friends and Kinsfolk, that although he did greatly deſire, and did his beſt Endeavours, yet he never could, nor at this preſent, can have carnal Copulation with the ſaid Lady Frances, no not once.

XI. Laſtly, in regard of Womaniſh Mo⯑deſty, the ſaid Lady Frances hath concealed all the former Matters, and had a Purpoſe for ever to conceal them, if ſhe had not been forced by falſe Rumours of her Diſo⯑bedience to the foreſaid Earl to reveal them. She requireth, that ſince this pre⯑tended Matrimony is but in facto, and not in Right, it may be pronounced, declared, and adjudged as void, and of no Force, and that ſhe may be freed, and quit from [140] all Bonds and Knots of the ſame, by your Sentence and Authority.

The Earl of ESSEX replieth, July 5, 1614.

I. II. HE anſwereth to the Firſt and Se⯑cond Articles Affirmatively.

III. He thinketh that at the time of his Marriage, he was full Fourteen Years old, and is now Twenty Two and upwards, nei⯑ther ſince hath had, or now hath any Sick⯑neſs or Impediment to hinder him, but that he might have had carnal Knowledge of a Woman, ſave in the time of his Sick⯑neſs of the Small Pox, for two or three Years after his Marriage, which continued a Month or ſix Weeks, and that at another time, when he had ſome Fits of an Ague.

IV. He affirmeth, that for one Year, he divers times attempted, and that the two other Years he did lie in Bed moſt com⯑monly with her, but felt no Motion or Provocation, and therefore attempted no⯑thing. The firſt Year, when he was wil⯑ling, ſometimes ſhe ſhewed her ſelf ready, ſome other times refuſed.

[141] V. He ſaith, he never carnally knew her, neither found he any Defect in himſelf; but confeſſeth that he was not able to pene⯑trate into her Womb, nor enjoy her.

VI. He believeth, that before and after the Marriage he hath had an Ability of Bo⯑dy to know any other Woman, and hath often times felt Motions and Pricking of the Fleſh, tending to carnal Copulation; but for perpetual and natural Impediments towards the Lady Frances, he knows not what the Words mean; but that he hath lain by her Two or Three Years now laſt paſt, and had no Motion to have carnal Copulation with her, and believeth he ne⯑ver ſhall.

VII. He believeth not that the ſaid La⯑dy Frances is a Woman apt and fit for car⯑nal Copulation, becauſe he hath not found it.

VIII. IX. He believeth to be true.

X. He believeth, that once, before ſome Witneſſes of good Credit, he did ſpeak to this purpoſe; That he had often times en⯑deavour'd carnally to know her, but that he did not, nor could not.

DOUBTS conceived out of the Fact and Proceſs, in the Suit between the Lady FRANCES HOWARD, and the Earl of Eſſex.

I. WHether the Libel be defective, e⯑ſpecially in the Fourth Article, where it is ſaid, that Dominus Comes Eſſex pluribus & iteratis vicibus (which may be verified and ſatisfied in two or three times) dictam dominam Franciſcam ejus uxorem prae⯑tenſam cognoſcere tentavit, &c.

II. Whether the Anſwer of my Lord of Eſſex, to the ſaid Fourth Article in that Behalf, being but thus, (that he did divers times attempt, &c.) be full, certain, and ſufficient.

III. Whether in this Caſe my Lord of Eſſex his Oath (cum Septem manu propinquo⯑rum) be not by Law requiſite as well as my Ladies.

IV. Whether my Lord of Eſſex ſhould be inſpected by Phyſicians, to certify (ſo far as they can by Art) the true Cauſe and Nature of the Impediment.

[143] V. Whether by triennial Co-habitation, there having been no carnal Copulation be⯑tween them, (Impedimentum maleficii, be⯑ing accidental) preſumatur praeceſſiſſe vel po⯑tius ſubſecutum fuiſſe matrimonium, contra⯑ctum & ſolemnizatum.

VI. Whether they ought poſt praeceptem Judicis (notwithſtanding their triennial Co⯑habitation before the Suit began) to co⯑habit together, ſaltem per aliquod temporis ſpatium arbitrio Judicis moderandum, for farther Trial, &c.

The Lord Archbiſhop of Canterbury's Reaſons againſt the Nullity.

IN as much as we do firmly believe, that the Scripture directly, or by Conſe⯑quence doth contain in it ſufficient Mat⯑ter to decide all Controverſies, eſpecially in things appertaining to the Church; and that Marriage amongſt Chriſtians can be no leſs accounted than a ſacred Thing, as be⯑ing inſtituted by God in Paradiſe, honou⯑red by the Preſence of our Saviour himſelf, declared by St. Paul, to be a Figure of the Spiritual Conjunction between Chriſt and [144] his Church; I would be glad to know, by what Text of Scripture, either of the Old or New Teſtament, a Man may have a War⯑rant to make a Nullity of Marriage, ſo⯑lemnly celebrated in facie Eccleſiae propter maleficium verſus hanc; which I do the ra⯑ther ask, becauſe I find Warrant expreſly in Scripture, to make a Nullity of Mar⯑riage, propter frigiditatem, by the Words of our Saviour, Mat. 19. 12. For there are ſome chaſt, or Eunuchs, which were ſo born of their Mother's Belly; and there be ſome chaſt, which be made chaſt by Men; and there be ſome chaſt, which have made themſelves chaſt for the Kingdom of Heaven.

I would alſo know gladly, what antient Father, either amongſt the Greeks or La⯑tins, by Occaſion of Interpretation of Scrip⯑ture, or any Diſputation hath mentioned, Maleficium verſus hanc, or declared it to be a Cauſe of Nullity in Marriage.

The like I demand touching the antient Councils, either general or provincial, and concerning the Stories Eccleſiaſtical, whether any ſuch Matter be to be found in them.

If for ought that appeareth, never men⯑tion was made of this, till the time of Hinc⯑merus Epiſcopus Rhemenſis, who lived Nine Hundred Years after Chriſt; it may well be conceived, that this was a Concomitant of Darkneſs and Popiſh Superſtition, which about that time, grew to ſo great an Height, [145] God permitting then the Puniſhment to fall upon the Children of Unbelief.

But ſince the Light of the Goſpel is now in ſo great Meaſure broken out again, why ſhould I not hope; but thoſe who have em⯑braced the Goſpel, ſhould be free from this Maleficium? eſpecially ſince amongſt a Mil⯑lion 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 that might ſeem to be thus moleſted, we are taught to uſe two Remedies againſt it; the one ſpiritual Phyſick, the other external.

For the firſt, our Saviour ſaid, Hoc ge⯑nus daemoniorum non ejicetur niſi per orationem & jejunium. And St. Peter ſpeaking of the Devil, Cui reſiſtite firmi in fide: And the Canoniſts themſelves preſcribe Alms, Faſt⯑ing, and Prayer, to be uſed in that Caſe; but that they join ſuperſtitiouſly their Ex⯑orciſms thereunto. And for corporal Phy⯑ſick to be applied as againſt a Diſeaſe; it is the Judgment of our late Divines, whe⯑ther they ſpeak of Maleficium or not.

Now admit the Earl of Eſſex might be i⯑magined to be troubled with Maleficium verſus hanc, I demand what Alms have been given? What faſting hath been uſed, what Prayers have been pour'd out to appeaſe the Indignation of God towards him, or his Wife, or what Phyſick hath been taken, [146] or Medicine applied for Eight Years toge⯑ther? Not one of theſe things; but the firſt Hearing muſt be, to pronounce a Nul⯑lity in the Marriage. Of which Declara⯑tion we know the Beginning, but no mor⯑tal Man's Wit can foreſee the End either in his Perſon, or the Example.

TESTIMONIES produced by the Arch⯑biſhop, for his Opinion.

His Majeſty's Anſwer to the Arch-biſhop's Reaſons.

The Midwives appointed to make Inſpe⯑ction upon the Lady's Body, gave in, that the Lady Eſſex is a Woman apt to have Co⯑pulation, and to bring forth Children, and [163] that the ſaid Lady is a Virgin and uncorrup⯑ted.

Three Ladies affirm, That they believe the ſame, for that they were preſent when the Midwives made the Inſpection, and did ſee them give good Reaſons for it.

After theſe Matters were ſummed up, there was a Sentence of Divorce given for the Nullity of the Marriage, and both Par⯑ties licenſed to be married again.

• Biſhops.
  • Wincheſter,
  • Ely,
  • Litchfield and Coventry,
  • Rocheſter,
• Doctors of Law.
  • Sir Julius Caeſar,
  • Sir Thomas Parry,
  • Sir Daniel Dun,

• Archbiſhop of Canterbury,
• Biſhop of London.
• Doctors of Law.
  • Sir John Bennet,
  • Francis James,
  • Thomas Edwards,

The Copy of the Divorce, drawn up in this Form, which followeth.

The Earl of Northampton immediately haſten'd to Court with the News of this Divorce; and it was ſoon ſpread all over the Kingdom. The Earl of Eſſex in a great diſcontent left the Court, and repair'd to his Seat in Warwickſhire, near Drayton, and there lived a private Life.

An Account of the Intrigue between ROBERT CAR, Earl of Somerſet, Viſcount Roche⯑ſter, &c. and the Lady FRAN⯑CES HOWARD, An. Reg. 10. An. Chriſti, 1612.

AMONG all our Hiſtorians, Mr. Wilſon, in his Life of King JAMES the Firſt, re⯑lates this Affair with the moſt exactneſs; and ^* As he has given us a more full and particular Account of theſe Paſſages between the Earl of ESSEX, his Lady, and the Favourite [167] CAR; ſo he was beſt qualified to do it, being an intimate Boſom Acquaintance of the Earl, from his Youth to his Death. But if any un⯑uſual Warmth be obſerved in his manner of re⯑lating them, it must be attributed to his Zeal for the Honour of his Patron.

Having thus given the Motives that might in ſome Meaſure ſway Mr. WILSON in the Earl's behalf, I ſhall now produce his own Words, leaving the whole to the Reader's Judgment.

The Counteſs's Attempts againſt the Earl, by Sorcery.

THE Earl of Eſſex being a Gentleman of the faireſt Character, and univer⯑ſally belov'd, he, out of the natural ſweet⯑neſs of his Temper, took frequent Occaſions of admoniſhing his Lady againſt thoſe E⯑vils which common fame loaded her with. But ſhe being averſe towards him, and per⯑ſuing with all her might the bent of her la⯑ſcivious [186] Inclinations, was deaf to his kind Intreaties, and privately conſpir'd his De⯑ſtruction after the following manner.

She became acquainted with one Mrs. Turner, a Woman of a vicious Character from her Youth, and who encouraged her in her wicked Purpoſes againſt the Earl, by conſenting to Poiſon him, which they attempted, but their execrable Deſign not taking effect, the Counteſs writ thus to Mrs. Turner.

The Earl having eſcaped this Plot, the hatred of the Counteſs ſtill increas'd to⯑wards him, and drew her headlong into her own Deſtruction. He perceiving himſelf leſs regarded, gives her freſh Advice, en⯑deavouring, if poſſible, to reclaim her, which ſhe not in the leaſt regarded, but [187] grew more enrag'd, and in a great Fury ſhe takes her Coach, and repairs to Mrs. Tur⯑ner, who was ready to aſſiſt in any evil Act; accordingly they repaired to one Dr. Forman at Lambeth, who was skill'd in the Magic Art; him they fee'd to join with them, who tried many Devices to bewitch the Earl; all which failing, at laſt they framed a waxen Image, and got a Thorn from a Tree that bore Leaves, and ſtuck them upon the Pri⯑vities of the ſaid Image, by which means they accompliſhed their deſire.

This being done according to her expecta⯑tion, ſhe repairs to her Houſe at Chartley, and thither the Earl comes to her. But whether the Earl was more luſty than ſhe expected, or what other accident happen⯑ed, it is unknown. Nevertheleſs ſhe grew jealous of her Acts, and falls into a great Fear that all their Labour was loſt; where⯑upon ſhe wrote a Letter to Dr. Forman to this effect, viz.

This Letter coming to the Hands of the old Maſter, procures a new attempt, and now he goes and inchants a Nutmeg, and a Letter, one to be given the Viſcount in his Drink, the other to be ſent to him as a Pre⯑ſent; theſe Things being accompliſhed, he not long after died, leaving behind him ſome of thoſe Letters, whereby the Coun⯑teſs had intercourſe with him, in his Poc⯑ket, which gave ſome light into the Buſi⯑neſs, amongſt which this aforeſaid Letter was one.

Dr. Forman being dead, Mrs. Turner wan⯑ted one to aſſiſt her; whereupon at the Counteſs's coming to London, one Greſham was nominated to be entertained in this Buſineſs, and in proceſs of time was wholly intereſted in it.

The Counteſs upon her return, ſends Gratulations to the Viſcount, and with [189] thoſe the Letter ſent her by Dr. Forman, he reads it, and the more he reads it, the more he is entangled, for no Man knows the Myſteries that are contain'd in Evil Arts, and who can withſtand the Miſchiefs that are in evil Tongues? Whereupon he re⯑turns Anſwer, and new Places of meeting are aſſign'd; amongſt the reſt, one at Ham⯑merſmith; in the mean Time the Viſcount makes diſpatch of his Buſineſs, leaves Things half done, half undone, to the intent he might meet her, who had there ſtay'd for his coming above Two Hours, and being met, they ſolemnly ſaluted each other, fell into divers Diſcourſes, and inſinuating Phraſes, from Words to Deeds, and from ſpeaking to acting the Sin of Venery.

The Counteſs having obtained that ſhe deſired, and the Viſcount caught in the Net of Adulation; the more he ſtriveth to be looſe, is caught the faſter; ſo that Luſt ha⯑ving by this means got liberty, being cover⯑ed with Greatneſs, like a Fire concealed in a pile of rotten Wood, burſt forth in all looſneſs and licentiouſneſs, Places of more frequent, and private Meetings are conclu⯑ded upon between them; Perſons fitting for their Purpoſes being acquainted with their Proceedings; watch-words are given; all Things having relation to a certain end, make them the bolder, and more ſafely to accompliſh that which both Time and Me⯑mory [190] cannot demonſtrate in former Hiſto⯑ries; now theſe good Parts, which ſeemed heretofore to be hopeful in the Viſcount, conſume to Cinders, and the Corruption remains to brand him in the Forehead for his evil living; his Modeſty becomes eclip⯑ſed, his Behaviour light, his Carriage un⯑ſeemly; in his Place nothing ſo coſtly; no Attire ſo uncouth, but at all Coſts and Char⯑ges he obtains it for the increaſe of Favour; new Faſhions are produced, that ſo he might ſhew more beautiful and fair, and that his favour and perſonage might be made manifeſt to the World; and to this purpoſe yellow Bands, duſted Hair, curled, criſped, friſled, ſlicked Skins, open'd Breaſts, beyond accuſtomed modeſty, with many o⯑ther inordinate Attires, were worn on both ſides, to the ſhew of the World; ſo that for the increaſe of diſhoneſt Appetites, they were abundantly practiſed; ſurfeiting thus upon their Pleaſure, having been be⯑fore accuſtomed unto hardineſs, cauſeth him to fall into all manner of forgetfulneſs, letting all Things go to wrack, careleſs in Attendance, neglecting State Affairs, igno⯑rant of his own Worth, ſubjecting himſelf to the luſtful Appetite of an evil Woman; accounting no Time well ſpent, nor Hour deem'd ſo happy, as when dalliance and plea⯑ſant Diſcourſes paſs between them, either in Words or Writing.

[191] Time could no longer conceal theſe ſe⯑cret Meetings, but at length the Marriage of the Viſcount and Counteſs were brought to light, which when made publick, every one declaimed againſt her, but extoll'd the Earl of Eſſex; however, an Order was forthwith ſent to him to repay her Portion of 5000l, to do which he was forced to ſell part of his Eſtate, thereunto willingly con⯑ſenting, that he might get rid of her. The King nevertheleſs continues his Favour to the Viſcount, and inſtall'd him Earl of So⯑merſet. But at laſt the joint Wickedneſs of all theſe Accomplices broke out in the Mur⯑der of Overbury, upon which occaſion, the following Letters found in Dr. Forman's Cloſet after his Death, were produc'd in Court at Mrs. Turner's Arraignment, by the Doctor's Widow.

The Counteſs's LETTER to Mrs. Tur⯑ner, to procure an Inchantment for turning the Viſcount's Affections towards her.

A Letter from the Counteſs to Dr. Forman.

[194] There were alſo ſhewed in Court certain Pictures of a Man and Woman in Copulati⯑on, made in Lead, as alſo the 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 crack from the Scaffolds, which cauſed great fear, tumult, and confuſion among the Specta⯑tors, and throughout the Hall, every one fearing hurt, as if the Devil had been pre⯑ſent, and grown angry to have his Work⯑manſhip ſhewed, by ſuch as were not his own Scholars; and this Terror coming, a⯑bout a quarter of an Hour after ſilence pro⯑claimed, the reſt of the cunning Tricks were likewiſe ſhewed.

Dr. Forman's Wife being Adminiſtratix 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 her Huſ⯑band's Death, and did demand certain Pi⯑ctures which were in her Husband's Study; namely, one Picture in Wax, very ſumptu⯑ouſly apparalled in Silks and Sattins, as alſo one other ſitting in form of a naked Woman, ſpreading, and laying forth her Hair in a Looking-glaſs, which Mrs. Turner did con⯑fidently affirm to be in a Box, and that ſhe knew in what part or room of the Study they were.

[195] 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, that her Husband had a Ring would open like a Watch.

There was alſo a Note ſhewed in Court, made by Dr. Forman, and written in Parch⯑ment, ſignifying what Ladies loved what Lords in the Court, but the Lord Chief Ju⯑ſtice would not ſuffer it to be read openly in the Court.

Mrs. Turner ſent Margaret, her Maid, to Mrs. Forman, and wiſhed that all ſuch Let⯑ters and Papers as concerned the Earl of So⯑merſet, or the Counteſs of Eſſex, or any o⯑ther great Perſonages, ſhould be burned, telling her that the Council's Warrant ſhould come to ſearch the Study, and that all his Goods might be ſeized; whereupon ſhe and her Maid Margaret, with the Conſent of Mrs. Forman, burnt divers Letters and Pa⯑pers, but yet ſhe kept ſome without their privity.

There were alſo Inchantments ſhewed in Court, written in Parchment, wherein were contained all the Names of the Bleſſed Tri⯑nity, mentioned in the Scriptures; and in another Parchment, + B. + C. +. D. + E. and in a third likewiſe in Parchment were written all the Names of the Holy Trini⯑ty; as alſo a Figure, in which was written [196] this word, Corpus, 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 Ar⯑thur Manwaring, if their Loves ſhould not continue, the one to the Counteſs, the other to Mrs. Turner.

Finally, Theſe faithful Servants of the Devil obtain'd the due Reward of their Deeds. Mrs. Turner was ſerv'd firſt, who being found guilty of the barbarous Murder committed upon Sir Thomas Overbury, was Condemn'd for the ſame, and Hang'd at Tyburn on Wedneſday, November 10. 1615. Sir Jarvis Ellowis was likewiſe Hang'd for the ſame on Monday, November the 20th following. The Viſcount and Counteſs were likewiſe found guilty of the ſaid Mur⯑der, for which they were committed to the Tower; and although the King pardon'd them, they in a ſhort Time pined away their Lives, dying in the utmoſt Diſgrace. At this Time my Lord of Somerſet little thought to have been laid in the Tower, and made Heir of Overbury's Bed-chamber; but by this Courſe we may ſee, That all Things are in the Hands of God.