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[To be continued.


INDEX
EXPURGATORIUS
ANGLICANUS:

or
A Descriptive Catalogue of the principal Books
printed or published in England,
which have been suppressed,
or burnt by the Common Hangman,
or censured,
or for which the Authors, Printers, or Publishers
have been prosecuted.

BY W. H. HART, F.S.A.


PRICE TWO SHILLINGS.


LONDON:
JOHN RUSSELL SMITH, 36, Soho Square.


1872.

The object of this work, which at present it is believed is sufficiently indicated by the title, will be more fully explained in the preface, which cannot as yet conveniently be printed. It is not possible to estimate the exact extent of the work, but it will be included in one moderately sized volume, published in parts of similar size and price to that now issued.

W. H. HART.

October, 1872.


INDEX EXPURGATORIUS ANGLICANUS.


1.

A Supplicacyon for the Beggers. (Compiled by Simon Fyshe, Anno MCCCCCXXIIII.)

This book gave considerable uneasiness to Cardinal Wolsey, who was personally attacked in it, and sought by every means to discover and punish its author. It was prohibited by a proclamation issued in June, 1530. An account of Simon Fish, "a zealous man for the reformation of abuses in the church" will be found in Wood's AthenÆ Oxonienses and Tanner's Biblioth. Britan.

2.

The Newe Testament, in Englysshe, (translated by William Tyndale.)

Assumed to have been printed at Cologne in the Office of Peter Quentell and finished at Worms by Peter Schoeffer, 1525. It was inhibited by order of Bishop Tonstall and Archbishop Wareham and burnt. An imperfect copy is in the Grenville collection, British Museum.

3.

The Parable of the wicked Mammon. (By William Tyndale), 1528.

The Obedyence of a Christen Man, and how Christen Rulers ought to governe. (By the same), 1528.

These books were prohibited by the before mentioned proclamation of June, 1530.

4.

The Revelation of Antichrist. No date.

This book was prohibited by the before mentioned proclamation of June, 1530.

5.

The Summary of Scripture. No date.

This book was prohibited by the before mentioned proclamation of June, 1530. It is a translation by Simon Fish from the German.

6.

An exposition upon the fifth, sixth, and seventh chapters of Matthew. No publisher or date.

Printed for Tyndale while he was in Holland in 1537 by R. Grafton, for which he was thrown into the Fleet for six weeks.

7.

The historie of Italie, a boke excedyng profitable to be redde; because it intreateth of the astate of many and divers common weales, how thei have ben and now be governed, 1549. London.

This book was suppressed and burnt by the Common Hangman, but a reprint was subsequently made in 1561. The original edition is very rare. "W. Thomas," says Holinshed, "who wrote the History of Italie and other thinges verie eloquentlie, was hanged and quartered at Tiburne, 18 May, 1554, for conspiring to murther Queen Mary." He had been Tutor to Edward VI, and some of his letters are preserved by Strype.

8.

The Union of the two noble and illustre famelies of Lancastre and Yorke, beyng long in continuall discension for the Crowne of this noble realme, with all the actes done in both the tymes of the Princes, both of the one linage and of the other, beginnyng at the tyme of Kyng Henry the fowerth, the first aucthor of this devision, and so successively proceading to ye reigne of the high and prudent Prince, Kyng Henry the eyght, the indubitate flower and very heire of both the saied linages. Whereunto is added to every Kyng a severall table. (By Edward Halle), 1550.

This book was prohibited by a proclamation dated June 13, 1555. (Foxe's Acts and Monuments, vol. 7, p. 127, ed. 1847.)

9.

A declaration of the succession of the Crown Imperial of England. By John Hales. London, 1563.

This book was written in support of the marriage and the claims of Lord Hertford's children by the Lady Catherine Grey. The Queen was so angry at its appearance that the author was committed to the Tower, and Bacon himself, the Lord Keeper, who was suspected of having had a hand in its appearance, fell considerably in his mistress's favour.

10.

An admonition to Parliament. 1571.

The authors of this tract were most probably the Puritan divines John Field and Thomas Wilcox. It was frequently reprinted, and in 1572 Field and Wilcox presented a copy to the House of Commons, and were immediately committed to Newgate. By a proclamation dated June 11th, 1573, the admonition itself, and "one other also in defence of the sayde admonition" were commanded to be delivered up on pain of imprisonment, "and her highness further displeasure."

11.

A Treatise of Schisme shewing, that al Catholikes ought in any wise to abstaine altogether from heretical Conventicles, to witt, their prayers, sermons, &c., devided into foure chapters. By Gregorie Martin, Licenciate in Divinitie, Douay, 1578.

This book gave great offence to the Queen and her ministers, for it invites the ladies about the Queen's person to imitate the example of Judith in ridding the world of Holofernes. Though printed in 1578 it was not till 1584 that measures were taken concerning it. A copy had been sent by Cardinal Allen to William Carter, the printer for a new edition. That very copy, wanting the title page, is now in the Bodleian. The impression was seized, and on January 10th, at a Sessions held in the Old Bailey, for the gaol delivery of Newgate, Carter himself was there indicted, arraigned, and condemned of high treason for printing this book, and was for the same, on the next day drawn from Newgate to Tyburn, and there hanged, bowelled, and quartered. (Holinshed.)

12.

A Letter sent by F. A., touching the Proceedings in a private Quarell and Unkindnesse, between Arthur Hall and Melchisidech Mallerie, Gentlemen, to his very Friend L. B., being in Italy. With an admonition by the Father of F. A. to him, being a Burgesse of the Parliament, for his better Behaviour therein. London, by Henry Bynneman, 1579-80.

A book presenting a curious view of the habits and manners of the young men of family and fashion in the reign of Elizabeth. It is reprinted in the Miscellanea Antiqua Anglicana. Upon a motion made by Mr. Norton in the House of Commons on February 4th, 1580/81, stating that this book was "done and procured" by Mr. Arthur Hall, a member of that House: it was resolved that the Sergeant at Arms be forthwith sent to apprehend Mr. Hall, and the printer was also to be sent for; and accordingly on the 6th February Mr. Hall was brought to the bar and admitted the offence. On the 14th February it was resolved that he should be committed to the Tower for six months, and so much longer as until he should willingly make a retractation; that he be fined 500 marks, and be expelled the House of Commons. (Vide Commons' Journals, vol. 1, pp. 122, 124, 125, 126, 132, 136.)

13.

The Discoverie of a Gaping Gulf whereinto England is like to be swallowed by another French marriage, if the Lord forbid not the banes, by letting her Majestie see the sin and punishment thereof. Mense Augusti Anno 1579.

According to Camden[1] the Queen was much incensed at this book, in which those of the Council who favoured the marriage are taxed as ungrateful to their Prince and Country; the Queen herself (in the midst of several flattering expressions) is glanced at as unlike herself; the Duke of Anjou slandered with unworthy reproaches; the French nation odiously defamed; and the marriage itself, in regard of the difference of religion, (as of the daughter of God with a son of Antichrist) with virulent words condemned, as profane, dangerous to the Church, and destructive to the Commonwealth; and this proved out of the Holy Scriptures, miserably wrested. Neither would the Queen be persuaded that the author of the book had any other intent but to procure the hatred of her subjects against her, (who had always no less regard of the love of her people than she had of her own authority, and as Princes use to do, made it her chief care to preserve her reputation) and privately to open a gap for some prodigious innovation; considering that the writer had not so much as mentioned the security of the Queen and realm, or prevention of dangers to either, and that the States of the Realm had before with all earnestness besought her to marry, as the most assured remedy against the threatening mischiefs. These things she declared by public proclamation,[2] wherein having condemned the author of the book as a publisher of sedition, she highly commended the Duke of Anjou's good affection towards her and the Protestant religion, and expressed her resentment that so great an injury should be offered to so noble a Prince, and one that had so well deserved, who had desired nothing to be altered either in the commonwealth or religion: and withal, she commended Simier, the Duke of Anjou's agent, for his wisdom and discretion, whom some had loaded with calumnies and slanders. She also advertised the people that the said book was nothing else but a fiction of some traitors, to raise envy abroad, and sedition at home; and commanded it to be burnt before the magistrate's face. From this time forward she began to be a little more incensed against the puritans, or innovators, from whom she easily believed these kind of things proceeded: and indeed, within a few days after, John Stubbs of Lincoln's Inn, a furious hot-headed professor of religion, (whose sister, Thomas Cartwright, a ringleader amongst the Puritans, had married) the author of this book, William Page, who dispersed the copies, and Singleton the printer, were apprehended; against whom sentence was given, that their right hands should be cut off, according to an Act of Philip and Mary, against the authors and publishers of seditious writings. Though some lawyers muttered that the sentence was erroneous and void by reason of the false noting of the time wherein the law was made; and that that Act was only temporary, and died with Queen Mary. Of this number was Dalton, who often bawled it out openly, and was committed to the Tower; and Monson, a judge in the Court of Common Pleas, was so sharply reprehended, that he resigned his place, forasmuch as Wray, Lord Chief Justice of England, made it appear that there was no mistake in noting the time; and proved by the words of the Act, that the Act was made against those who should abuse the King by seditious writings, and that the King of England never dieth; yea that that Act was renewed Anno primo ElizabethÆ, to be in force during the life of her and the heirs of her body. Hereupon Stubbs and Page had their right hands cut off with a cleaver, driven through the wrist by the force of a mallet, upon a scaffold in the market place at Westminster. The printer was pardoned. I remember (being there present) that Stubbs, after his right hand was cut off, put off his hat with his left, and said with a loud voice "God save the Queen." The multitude standing about was deeply silent; either out of an horror of this new and unwonted kind of punishment, or else out of commiseration towards the man, as being of an honest and unblamable repute; or else out of hatred of the marriage, which most men presaged would be the overthrow of religion.

On October 5th, 1579, a circular was prepared from the Council to the bishops, to give notice to the clergy and others that the seditious suggestions set forth in Stubbs's book were without foundation, and that special noted preachers should declare the same to the people.

Eleven copies of this circular are in the Public Record Office unfinished, some signed, others not fully signed, and some not signed at all; from which it would appear that none were sent, and that the matter dropped.

14.

Henry or Harry Nicholas, The works of.

These productions, which include a miscellaneous collection of books and tracts on the peculiar principles of the sect called The Family of Love, were by royal proclamation dated October 13, 22 Elizabeth, ordered to be burnt, and all persons declared punishable for having them in their possession without the ordinary's permission.

This Family of Love or House of Charity as they styled themselves, were sectaries out of Holland who persuaded their followers "That those only were elected and should be saved, who were admitted into that Family, and all the rest Reprobates, and to be damned; and that it was lawful for them to deny upon their oath before a magistrate whatsoever they pleased, or before any other who was not of their family." Of this fanatical vanity they dispersed books amongst their followers, translated out of the Dutch tongue into the English, they were entitled The Gospel of the Kingdom, Documental Sentences, The Prophecy of the Spirit of Love, The publishing of Peace upon Earth. The author, H. N., they could by no means be persuaded to reveal; yet was it found afterwards to be Henry Nicholas of Leyden, who with a blasphemous mouth gave out, that he did partake of God, and God of his humanity. (Camden's Life and Reign of Queen Elizabeth, p. 477.)

15.

The confession and execution of John Slade. The confession and execution of John Bodye. (1583.)

A black letter tract dedicated to "Maister H. S., by R. B., from Winchester." Slade and Bodye were sufferers under the oppressive laws of the time against the adherents of the Catholic religion, and were executed in the autumn of 1583. (See Challoner's Memoirs of Missionary Priests.) This tract was suppressed and the author punished.

16.

A book without title or date, but plainly of Catholic tendency. (1584.)

This book was alleged to have been published or dispersed on January 22nd, 1584, by one Robert Sutton, a yeoman, and Charles Ratclyffe, gentleman, both of Aylsham in Norfolk, for which they were prosecuted; but the indictment was held to be insufficient.[3] It charges that "Robertus Sutton nuper de Aylesham in comitatu NorfolciÆ yoman vicesimo secundo die Januarii anno regni dominÆ ElizabethÆ Dei gratia AngliÆ FranciÆ et HiberniÆ ReginÆ fidei defensoris &c., vicesimo sexto apud Aylesham prÆdictam in comitatu prÆdicto advisate anglice advysedly et voluntarie publicavit ut veritati consentaneum quendam librum continentem in se hÆc anglicana verba sequentia videlicet not to be wyth the Pope is to be wyth antecryste Et sic prÆdictus Robertus Sutton tunc et ibidem assistebat anglice stode wyth ad extollendam jurisdictionem Pontificis Romani prÆantea usurpatam infra hoc regnum AngliÆ contra formam statuti in hujusmodi casu nuper editi et provisi et contra pacem dictÆ dominÆ ReginÆ nunc coronam et dignitatem suas &c. Item alias scilicet die et anno prÆdictis ad sessionem prÆdictam coram prÆfatis justiciariis per sacramentum juratorum prÆdictorum similiter extitit prÆsentatum quod Carolus Ratclyffe nuper de Aylesham in comitatu NorffolciÆ generosus vicesimo secundo die Januarii anno regni dominÆ ElizabethÆ Dei gratia AngliÆ FranciÆ et HiberniÆ ReginÆ Fidei Defensoris &c. vicesimo sexto apud Aylesham prÆdictam in comitatu NorffolciÆ prÆdicto advisate anglice advysedly et voluntarie publicavit ut veritati consentaneum quendam librum continentem in se hÆc anglicana verba sequentia videlicet not to be wyth the Pope is to be wyth antechryste Et sic prÆdictus Carolus Ratclyffe tunc et ibidem assistebat anglice stode wyth ad extollendam jurisdictionem Pontificis Romani prÆantea usurpatam infra hoc regnum AngliÆ contra formam statuti in hujusmodi casu nuper editi et provisi et contra pacem dictÆ dominÆ ReginÆ nunc coronam et dignitatem suas &c."

17.

Modest answer to the English Persecutors; or a defence of English Catholics against a slanderous libel intituled "The execution of justice in England." No publisher or date.

This book was published anonymously, but is known to be the production of Cardinal Allen. Thomas Allfield, a priest, who had (says Dr. Challoner)[4] found means to import into the realm some copies thereof, "and had dispersed them by the help of one Thomas Webley, a dyer; was called to an account, as was also the said Webley, and both the one and the other were most cruelly tortured in prison; I suppose in order to make them discover the persons to whom they had distributed the said books. They were afterwards brought to their trial and condemned on the 5th of July, (1585), and suffered at Tyburn on the day following; where both the one and the other had their life offered them if they would renounce the pope, and acknowledge the queen's church headship; which they refusing to do were both executed."

The indictment against Allfield is as follows, (Lansdowne M.S. British Museum 33, no. 58.)

Londonia scilicet. Juratores pro domina Regina prÆsentant quod cum per quendam actum in Parliamento dominÆ ReginÆ nunc tento per prorogationem apud Westmonasterium sexto decimo die Januarii anno regni sui vicesimo tertio editum et provisum inter alia inactitatum et stabilitatum existit authoritate parliamenti illius quod si aliqua persona sive personÆ post finem quadraginta dierum proximo sequentium post finem illius sessionis ejusdem parliamenti infra hoc regnum AngliÆ vel in aliquo alio dominiorum dominÆ ReginÆ nunc vel in aliquo alio loco extra dominia dictÆ dominÆ ReginÆ advisate et cum maliciosa intentione versus dictam dominam Reginam nunc devisarent et scriberent imprimerent vel exponerent devisaret et scriberet imprimeret vel exponeret anglice sett forthe aliquem librum rythmum canticum vocatum a ballade literam sive scriptum continentem aliquam falsam seditiosam et scandalosam materiam ad defamationem RegiÆ Majestatis vel ad animandam excitandam vel movendam aliquam insurrectionem vel rebellionem infra hoc regnum aut aliquod dominiorum eidem regno spectantium vel si aliqua persona seu personÆ post finem prÆdictorum quadraginta dierum sive infra hoc regnum aut alia dominia ipsius Reginae vel in aliquo alio loco extra dominia dictÆ dominÆ ReginÆ advisate et cum maliciosa intentione versus dictam dominam nostram procurarent vel causarent procuraret vel causaret aliquem talem librum rythmum canticum vocatum a ballade literam sive scriptum scribi imprimi publicari sive exponi anglice sett forthe et offensione illa non existente punibili per statutum factum in anno vicesimo quinto regni nuper regis Edwardi tertii concernens proditionem sive declarationem proditionis vel per aliquod aliud statutum per quod aliqua offensio facta sive declarata fuit proditio quod tunc quÆlibet talis offensio reputaretur et adjudicaretur felonia et offensores in eodem inde convicti et attincti existentes paterentur tales poenas mortis et forisfacturas prout in casu feloniÆ usitatum fuit absque aliquo beneficio clericatus sive sanctuarii allocando offensori in ea parte prout per statutum prÆdictum inter alia plenius apparet. Cumque hoc non obstante quidam Willielmus Alleyn TheologiÆ Professor desiderans dictam dominam Reginam supremam dominam nostram in odium et malevolentiam apud omnes subditos suos inducere et quantum in ipso fuit efficere ut omnes subditi ipsius dominÆ ReginÆ existimarent quod dicta domina Regina fuit heretica et elapsa a vera Christiana fide et quod fuit apostata princeps advisate et cum maliciosa intentione versus dictam dominam Reginam quendam librum in partibus transmarinis imprimi fecit continentem quamplurimas falsas seditiosas et scandalosas materias ad defamationem dictÆ dominÆ ReginÆ nunc et ad excitationem insurrectionis et rebellionis infra hoc regnum AngliÆ et ad subvertionem verÆ et sincerÆ Dei religionis in eodem regno recte et pie stabilitatÆ videlicet in uno loco in eodem libro hÆc Anglicana verba sequentia. They (innuendo Edmundum Campion Radulphum Sherwin et alios falsos proditores nuper de alta proditione attinctos) might have spoken theire minde boldely nowe at theyre passage and departure from this worlde as sythence that tyme we understande a worshipfull laye gentleman (innuendo quendam Jacobum Leyborne nuper similiter de alta proditione attinctum) did, who protested both at his arraynement and at his death that her Majestie (innuendo dictam dominam Reginam nunc) was not his lawfull Queene for two respectes, the one for her byrthe, thother for the excommunicacion; her Highenes havinge sought neyther dispensacion for the first nor absolucion for the seconde. Et in alio loco in eodem libro hÆc Anglicana verba sequentia. By the fall of the kinge from the fayth the daunger is so evident and inevitable that God had not sufficiently provided for our salvacion and the preservacion of his Churche and holy lawes yf there were no waye to deprive or restrain apostate Princes (falso innuendo dictam dominam Reginam fore Principem apostatam.) We see howe the whole worlde did runne from Christe after Julian to playne Paganisme, after Valens to Arrianisme, after Edward the Sixth with us into Zwynglianisme, and would doe into Turcisme yf any powrable Prince will leade his subjectes that waye. Yf our fayth or perdicion shoulde on this sorte passe by the pleasure of everie seculer prince and no remedie for yt in the state of the Newe Testament, but men must hold and obey him to what infidelitie soever he fall, then we were in worse case (innuendo cunctum populum hujus regni AngliÆ) then heathens and all other humayne commonwealthes which both before Christe and after have had meanes to deliver themselves from such tyrantes as were intollerable and evidently pernicious to humaine societie (falso prÆtendens per illud dictam dominam Reginam fore intollerabilem et perniciosum tyrannum societati subditorum suorum.) The bonde and obligacion we have entred into for the service of Christe and the Churche far exceedeth all other duety which we owe to any humaine Creature. And therefore where the obedience to the inferior hindereth the service of the other which is superior, we must by lawe and order discharge ourselves of the inferior. The wyfe yf she cannot live with her owne husband (beinge an infidell or an heretique) without injurie and dishonor to God, she maye departe from him or contrariwise he from her for the like cause, neyther oweth the innocent partie nor the other can lawfullie clayme any conjugall dutie or debt in this case. The verie bond slave which is in another kinde no lesse bounde to his Lorde and Maister then the subjecte to his Soveraigne, maye also by the auncient imperiall lawes departe and refuse to obey or serve him yf he become an heretique, yea ipso facto he is made free. Finally the parentes that become heretiques lose the superioritie and dominion they have by lawe or nature over their owne children. Therefore lett no man marveile that in case of heresie the Soveraigne looseth his superiority over his people and kingedome (innuendo per illud quod dicta domina Regina nunc perderet superioritatem super subditos suos). Et in alio loco ejusdem libri hÆc Anglicana verba sequentia. And as for his holines accion in Ireland (innuendo invasionem per medium Romani episcopi in Hibernia factam) we that are neyther so wise as to be worthie nor so mallaparte as to challenge to knowe his intencions, councell, and disposicions of those matters, can nor will neyther defend nor condemne, onely this is evidente that these small succors which were given by him (innuendo dictum Episcopum Romanum) to the Irishe, or rather suffered at their owne adventure to goe into those warres came uppon the ymportunate sute of the sore afflicted Catholiques, and some of the chiefest nobilitie of that countrye, of whose continuall complaintes knowne calamities, and intollerable distresses of conscience and otherwyse yt maye be he was moved with compassion and did that in cause of religion against one (innuendo dictam dominam Reginam nunc) whome he toke in his owne judgement rightly by his predecessor's sentence to be deposed, and in a quarrell in his sight most just and godly. And perhaps he (dictum episcopum Romanum innuendo) was the rather readie to doe this for Irelande, for that the sea Apostolique hath an old clayme to the Soveraigntye of that countrie. Et in alio loco in eodem libro hÆc Anglicana verba sequentia. And this our countrie's scourge (innuendo hoc regnum AngliÆ) proceedinge wholye of our notorious forsakinge the Catholicke Churche and sea apostolique (innuendo sedem Romani Episcopi) began first in King Henrie the eight beinge Radex peccati of our dayes ubi revera Domina Regina nunc non fuit nec est heretica nec elapsa a vera Christiana fide nec fuit nec est apostata princeps nec incidit in heresim nec perdidit superioritatem et jus super cunctum populum et regnum suum et in quibus regnis revera nullus episcopus Romanus habet potestatem deprivandi sive deponendi aliquem principem. Quidam tamen Thomas Allfild nuper de Londonia clericus statutum prÆdictum minime ponderans felonice ut felo dictÆ dominÆ ReginÆ nunc decimo die Septembris anno regni dictÆ dominÆ ReginÆ nunc vicesimo sexto apud Londoniam videlicet in parochia Omnium Sanctorum in Breadstreate in warda de Breadstreate LondoniÆ advisate et cum maliciosa intentione versus dictam dominam Reginam nunc prÆdictum librum prÆdicti Willielmi Alleyne continentem prÆdictas falsas seditiosas et scandalosas materias in Anglicanis verbis superius recitatas et quamplurima alia ad defamationem dictÆ dominÆ ReginÆ nunc et ad excitationem insurrectionis et rebellionis infra hoc regnum AngliÆ diversis subditis dictÆ dominÆ ReginÆ publicari et exponi causavit anglice, did cause to be published and sette forthe contra formam statuti prÆdicti in hoc casu provisi et contra pacem dictÆ dominÆ ReginÆ nunc coronam et dignitatem suas.

The following account of the trial of Allfield, which took place on Monday, July 6th, 1585, is taken from Lansdowne M. S., (British Museum) 45, no. 74.

The effect and the substaunce of the matter that was done and spoken at the arraignement of Thomas Allfeild, a Jesuett Preiste, att Newgate, uppon Mondaie, the fifth Julie, 1585.

First he and his ffellowes were brought from Newgate and placed at the barre. My Lord Maior, My Lord Buckhurste, the Master of the Rolls, My Lord Anderson, Mr. Sackforth, Sir Rowland Hayward, Mr. Owen, Mr. Younge, and the Recorder, sett downe uppon the Benche. Mr. Towne Clarke redd the Commyssion of Oire and determiner; after this, a substaunciall jurie of the best commoners to the nosmber of twentie or there-abowtes, were sworne to enquire, &c.

Then the Recorder gave that speciall charge that belongeth to that commission; after that done, the enqueste of inquirie went upp into the Councell Chamber at the Sessions Hall: in which place Mr. Attorney and Mr. Solicitor did reade unto the enquest the three severall indictmentes, and there the offenders, uppon good evidence geven were indicted. Billa vera was sett uppon everye one of them. The enquest returned to the courte, and beinge called by name they presented the bylls to the courte; the Towne Clarke received them and delivered them to the Recorder, and he opened them and showed them to the rest of the Justices howe they were fownde. And thereuppon the Towne Clerke was willed to call them to the barr and soe to arraigne them, who begane first with Allfeilde, and the indictment redd, he was demaunded whether he were gyltie of the matter conteyned in that indictment, to the which he would make noe aunswere, and prayed that he might be hard speake, and thereuppon he used a certen ffrivolous speache conteyninge noe matter, the effect whereof was that the cause in question was such, that the same owght to be tryed before learned men in Divinitie, and not before layemen; and after with much adoe he pleded not gyltie. And being asked howe he would be tryed, and also beinge tolde that he owght to be tryed by God and the countrie, he made a longe staye, and saied that it was noe reason that xij ignorant men should trye a matter of religion, but that it owght to be tryed by learned men. And then was it told him, that a matter in ffact was laied to his charge, viz., for bringinge into the realme and utteringe of a certen slaunderous and lewed booke against her Majestie and the realme, devised by one Doctor Allen. To the which Allfeild aunswered and saied expresslie that the same booke was a loyall booke, a lawfull booke, a good and a true booke, and that the same was prynted in Parrys under the King's priviledge there; and was allowed for a good and a lawfull booke throwghowt all the universities in Christendome beyonde the seas, and that it towched nothing butt matters of religion. And beinge asked whether it were a matter of religion that the Pope had aucthoritie to depryve the Quene of England, and he aunswered that in generaltie it was a matter of Religion that the Pope had aucthoritie to deprive any Kinge yf he sawe cause, ffor that the Pope was a regall kinge and prince and that he might take armes in hand as well as other kinges might doe. Yt was aunswered him that the courte sate not to trye matters of religion, but a matter de facto, that whether he browght the said slaunderous bookes into the realme, and whether he had disparsed them. To the which he aunswered that he had brought ffyve or syx hundreth of the same bookes into the realme, and that he had disparced them as he sawe occasion. And further he affirmed expresslie, that the booke was a good booke and lawfull, and declared as he had before done, howe the same was allowed, &c. And after he was urged to put himselffe uppon his tryall, and was put in remembraunce what the punishment of the lawe was, yf judgement were geven against him, de payne fort et dure. And thereuppon yt was asked him howe he would be tryed, and he aunswered by God and the countrye; and then he was told by the courte, that uppon the evidence geven, he should be hard att large, and then was a jurye of verie sufficient commoners called, and he was especiallie warned by the Towne Clerke to take his challenges unto them as they should come to the booke to be sworne. The jurye beinge sworne, the indictment was redd, the which conteyned divers faulse, lewed, and slaunderous partes of Doctor Allen's booke, tendinge playnlye by expresse wordes, not onelie to treason, but most manifest and shamefull slaunders against her Majestie. Yet did Allfeild not sticke to saye, that it towched not the Quene any moore then it did the Frenche Kinge or Spanish Kinge. He travelled verie much to make the Commissioners to beleve that they understood not the slaunderous booke, addinge, this withall the same booke was especiallie devised and wrytten by Doctor Allen to aunswere him who had wrytten the booke of Justice of Englande, and not to slaunder the Quene. And after much speache used, and manye repeticions made all to one effecte, by Allfeilde, there was delivered to the jurye one of the bookes to compaire the wordes of the indictment with the booke and the examinacions, and they fyndinge them to agree, and hearinge him soe stowtlie to justifie the same to be a loyall booke. They retourned after a competent tyme, and beinge called by name and the prysoner beinge called to the barre, they were asked first of Allfeild, whether he were gyltye of the offence that was conteyned in the indictment. The fforeman sayed gyltie, &c.

And after beinge asked what he could saye whye judgment of deathe should not be geven against him, he aunswered that the offence was pardoned, the pardone was redd, and yt was told him that his offence was excepted out of the pardone. And then did the Recorder call him fourthe, and recyted the effecte of the indictment and howe that he was fownd gyltie; and told him that he wondered that his ffather in Kinge Henrie's daies, beinge an usher of Eaton, and of a good religion, and had brought upp many learned devynes, and other that served the Quene in temporall causes, whereof hundrethes, the Recorder himselffe was one of the meanest, and that the same prisoner passed thorough the same Colledge, and so to the Kinges Colledge, beinge both of the Quene's highnes foundacion: and nowe had he so unnaturallie and beastlie behaved himselffe that he was become the first that ever was arraigned of ffelonye of any that ever passed those Colledges by the space of these fiftie yeres and moore. And then saied the Recorder, ye knowe that Christ paied trybute to Cesor, and commaunded that Cesor should be obeyed, and that eche man should yeld to Cesor his dewties. And that St. Paule in the end of the Actes was accused for Religion by the Jewes, and it was told him that he should be sent to Jerusalem to be tryed before the Preist there. And he aunswered that he stoode before the Tribunall or Judgement seat of Cesor, and there he owght to be tryed. And soe he appeled to Cesor, where his cause was hard, and he dismissed. Here, quoth the Recorder, ye see that Christe commaunded that Cesor should be obeyed, he saied not deposed. And St. Paule did appeell to Cesor and not to Peter, because he tooke Cesor to be his lawfull kinge. And all men knowe that Cesor was not of the faith of Christ, nor yet did he beleve as St. Paule did; and after a fewe wordes moore he gave judgement, and commaunded the Sheriffes to doe execucion. This Allfeild appered to have noe skill at all eyther in the old or newe Testament; there appeared noe manner of learninge in him; he was bolde, stowte, and arrogant,—he behaved himselffe more arrogantlie then any that ever the Commissioners had hard or seene in theire tymes; his wordes were such against her Majestie, that all the people fell into a murmer; he never used one worde of reverence towardes her highnes. And att his passage to execucion the people offered to praye with him and he refused theire offer, and saied that if there were any Catholickes there he would be glad to have theire assistaunce.

18.

The discoverie of witchcraft, wherein the lewde dealing of witches and witchmongers is notablie detected; the knaverie of conjurors, the impietie of inchantors, the follie of soothsaiers, the impudent falshood of cousenors, the infidelitie of atheists, the pestilent practises of Pythonists, the curiositie of figure casters, the vanitie of dreamers, the beggerlie art of Alcumystrie, the abhomination of idolatrie, the horrible art of poisoning, the vertue and power of naturall magike, and all the conveiances of Legierdemaine and iuggling, are deciphered, and many other things opened which have long lien hidden, howbeit verie necessarie to be knowne. Heereunto is added a treatise upon the nature and substance of spirits and divels, &c.; all latelie written by Reginald Scot, Esquire. 1584.

Many copies of this book were burnt by order of King James I.

19.

A Lamentable Complaint of the Commonalty, by way of Supplication to the High Court of Parliament for a learned ministry, 1585.

For printing this tract Robert Waldegrave was kept prisoner in the White Lion for twenty weeks, as asserted by Martin Marprelate in "Hay any worke for a cooper."

20.

Martin Marprelate Tracts.

1.—The Epitome, 1588. 2.—Hay any worke for Cooper; penned and compiled by Martin the Metropolitane; no date. 3.—Martyn Senior. 4.—Martyn Junior.

For printing and publishing these books, Sir Richard Knightly, Mr. Hales, and Sir —— Wickstone and his wife, were cited into the Court of Star Chamber on Friday, the 13th February, 31 Elizabeth, 1588. Knightley was many times member of Parliament for the County of Northampton in the reign of Queen Elizabeth. He was a great favourer of the Puritan party, and at the expence of printing these libels, as was reported, being influenced by Snape and some other leading ministers of this County. These libels were printed by one Walgrave, who had a travelling press for this purpose, which was once brought down to Fawesley, and from thence by several stages removed to Manchester, where both the press and the workmen were seized by the Earl of Derby.

Sir Richard and his confederates were cited into the Star Chamber, and received the following sentences: himself for allowing The Epitome to be printed in his house, fined £2000; Mr. Hales for allowing The Supplication to Parliament and Hay any worke for Cooper to be printed in his house, 1000 marks; Sir —— Wickstone, for obeying his wife and not discovering it, 500 marks; Lady Wickstone for allowing Martyn Senior and Martyn Junior to be printed in their house, £1000; and all of them imprisonment at her Majesty's pleasure. Upon the intercession however of Whitgift, Archbishop of Canterbury, whom they had most insulted, they were set at liberty, and had their fines remitted.

21.

A Dialogue wherein is plainly laide open the tyrannicall dealing of L. Bishops against God's children; with certaine points of doctrine, wherein they approove themselves (according to D. Bridges his judgement) to be truely Bishops of the Divell. 1589.

This book was burnt by order of the Bishops, and is alluded to in Udall's Demonstration. It is in the form of a dialogue between four speakers,—"a Puritan, a Papist, a Jacke of both sides, and an Idoll Minister." It was reprinted in the year 1640.

22.

A demonstration of the trueth of that discipline which Christ hath prescribed in his worde for the government of his church, in all times and places, untill the end of the world. No publisher or date.

For writing and publishing this book John Udall, a Puritan minister, was brought before Lord Cobham and others on Tuesday, the 13th January, 1589/90, and examined as to the authorship; but on his refusing to be sworn he was committed to the Gatehouse close prisoner. On the 24th July, 1590, he was arraigned at the assizes at Croydon and found guilty, and the next day was brought up for judgment, but after long arguing with the judges he was respited on condition of writing a humble submission or supplication to her Majesty for his offence. In February, 1590/1, he was again brought up at the assizes in Southwark, when he received sentence; soon afterwards her Majesty was moved to grant him a pardon, but it was never obtained. On March 3rd, 1593, he wrote a letter from the White Lion prison, Southwark, to Lord Burghley, beseeching release, having been in durance for three years. The Earl of Essex, he said, had the draft of a pardon ready for her Majesty to sign it, and he besought his lordship to solicit her to do so; but the appeal was of no avail, and he soon after died in prison quite heart-broken.

There is a copy of this book in the King's Library, Brit. Mus., and on one of the fly leaves the following note is written in an early hand. "Mr. Udall.—For this booke he was questioned, arraygned, and condemned, at which time he sayd, 'The blood of Udall (as Abell's against Cayne) shall cry out against you;' but he was saved by means of Sir Walter Rawleigh's mediation to Queen Elizabeth, but imprisoned all his time. The chiefest things they tooke advantage at was that passage towards the end of the epistle to the Bishops. If it come in by that means that it will make all your hearts ake, blame yourselves."

23.

Certain discourses written by Sir John Smythe, Knight, concerning the formes and effects of divers sorts of weapons, and other verie important matters militarie, greatlie mistaken by divers of our men of warre in these daies; and chiefly of the mosquet, the caliver, and the long bow; as also of the great sufficiencie, excellencie, and wonderful effects of archers: with many notable examples and other particularities, by him presented to the nobilitie of this Realme, and published for the benefite of this his native Countrie of England. London, 1590.

This work, according to Strype's Annals, 4, 46, was forbidden to be sold. In the Lansdowne M.S.S., Brit. Mus., (No. 64, art. 43) there is a letter from Sir T. Heneage to Lord Burghley, dated May 24th, 1590, concerning the suppression by the Queen's command, of this book.

24.

A Conference about the next succession to the Crowne of Ingland, divided into two partes. Whereof the first conteyneth the discourse of a civill lawyer, how and in what manner propinquity of blood is to be preferred. And the second, the speech of a temporall lawyer, about the particuler titles of all such as do or may pretende within Ingland or without, to be the next successior. Whereunto is also added a new and perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the Conquest unto this day, whereby each man's pretence is made more plaine. Directed to the Right Honourable the earl of Essex, of her Majesties privy councell, and of the noble order of the Garter. Published by R. Doleman. Imprinted at N. with licence, MDXCIIII.

The intention of this book was to support the title of the Infanta against that of King James, after the death of Queen Elizabeth. The real authors were Robert Parsons the Jesuit, Cardinal Allen, and Sir Francis Englefield; and the printer is said to have been hung, drawn, and quartered.

It was rigorously suppressed, and by the Parliament of 35 Elizabeth it was enacted that "whosoever should be found to have it in his house should be guilty of high treason." It was also condemned by the University of Oxford on account of its dangerous positions, particularly that which says "Birthright and proximity of blood do give no title to rule or government;" and was burnt in the School Quadrangle there in July, 1683.

According to Camden, in his Life and Reign of Queen Elizabeth, (p. 576) the purport of this book, which quite laid aside the business of birthright, was: That the ancient laws of the land relating to hereditary succession ought to be altered. That new laws ought to be made about the choice of a King, and that none but a Roma Catholick, how near akin soever to the Crown, ought to succeed to it. Most of the Kings of England they traduced as mere usurpers, and all of the blood-royal in England as illegitimate, and so uncapable of succession. The King of Scots' title to the crown, though most certain and indisputable, they attempted to invalidate; and by sham tricks and devices endeavoured to set up the Infanta Isabella, the King of Spain's daughter, purely for being a Roman Catholic; a thing I am ashamed to mention, because the Priest's lips ought to preserve knowledge, and they should stand having their loins girt about with truth. Their first plea was, because, as this book pretends, she fetches her pedigree from Constance, the daughter of William the Conqueror, King of England, and wife to Alan Fergant, Earl of Bretagne; whereas notwithstanding Gulielmus Gemeticensis, who lived about that time, declares in his last book, that she died without issue, and he is followed by the consent of all the writers of the affairs of Bretagne. The next pretence was, because she had her descent from Eleanor, the eldest daughter of King Henry II, who was married to Alphonsus IX, King of Castile, whereas Pope Innocent III makes it out in Matthew Paris, (p. 381), that Maud, the wife of Henry Leo, Duke of Saxony, and mother of the Emperor Otho IV was his eldest daughter; and Robert, abbot of St. Michael's Mount, who christened her affirms that she was born 1162. A third argument was, because she was a descendant from Blanch, the eldest daughter of the said Eleanor, which was proved to be false both by Roderigo, Archbishop of Toledo, in his ninth book, and Pope Innocent, a writer of better credit, and both of them living in the same age. Another reason alleged was because she came originally from Beatrice, the daughter of Henry III, King of England, though 'twas forgot, in the mean time, that she had two brethren, Edward I, King of England, and Edward, Earl of Lancaster, from whom a great part of the nobility of England were lineally descended, besides the Royal Family. Again they asserted the Infanta's claim by the House of Portugal, and maintained on the same bottom the title of the Dukes of Parma and Braganza, from Philippa, the daughter of John of Gaunt, Duke of Lancaster, whom they make to be his eldest daughter by his wife Blanch; whereas Frosard, who was a courtier at that time, proves (fol. 169 of the second part of his history) that his eldest daughter was Elizabeth, wife to John Holland, afterwards Duke of Exeter, from whose loins proceeded a large race of nobility, all the kingdom over.

Among the Domestic State Papers of the reign of Queen Elizabeth there is extant a copy of a letter from Robert Parsons to an unknown recipient, dated June 15th, 1599, concerning the book now under description. It is as follows:—

Doctour Gifforde hath a lettere to prove this discourse is of Parsons' doinge.

"The opinion and judgmente of C. A. before his death, concerninge the late printed booke of the Successyon, and certayne pointes therunto appertayninge.

"For that you are desirous my lovinge Frennd to understande of certayntie whether C. A. before his death had reade the late publyshed booke aboute the Successyon, and what his opinyon, judgment, and censure was of the same, and of all that affaires; and for that you shewe in your lettere, that greate difference and varyetie in judgmentes, discourses, reasons, and affectyons doe beginne to discover themselves ther, where you are about this matter, I shall answere your whole demaunde as truly and perticulerly as the compasse of a lettere will give me leave; havinge had (as you knowe) noe small meanes (by reason of my intrinsicall familliarrytie with C. A. and in his most secrette affaires) to knowe his meaninge fully in the cause. First, when I did assure you that C. A. reade over the booke more then once, and that with much attention, and liked the same excedinge well for the whole subjecte and argumente therof, esteminge yt very necessary for all sortes of English people that such a booke should be written, to give them lighte in a matter importinge them soe highlye as doth the successyon of the Crowne, wherof all dependeth, that is to say, (as he was wonte to saye), both life, honor, goodes, and a greate peace of the soule; and he woulde often affirme that noe lawe in the worlde could be more unjuste or more contrary to all reason or conscience then to forbide men to speake or treate of that which above all thinges concerneth them moste. Secondly, I can tell you also that C. A. had studyed much this matter of successyon before his death, and had gathered divers notes and observatyons together with intention as yt seemeth to have written a discourse therof himselfe, if he had not bynne prevente by this other booke, which did soe much contente and satisfye him, as presently he lefte of that cogitation, and sente all his papers, or the most parte therof, unto Mr. Fra. Peter, with whome he had conferred largly not longe before his deathe, by letteres of this affayre, doubtinge somwhat whether the time for some circumstances were fitte or noe to let the booke goe abroade, thoughe on the other side he were full of opinion that if it founde free passage it coulde not chose but doe infinite good. And as for the firste parte therof, which treateth of matter more in generall, and sheweth that propinquity and ancetry of bloude alone, althoughe it weare certaynely knowne, is not suffycyente to challenge admissyon to a crowne, excepte other conditions and circumstances requisite be founde alsoe in the person that doth pretende; as namely, witte, reason, and above all other thinges true religion; and that many nexte in bloude Royall have bynne justly barred and putt backe, and some alsoe deprived which were in posessyon, for these and lesser defectes, in all Christyan countryes throughout the worlde, and that this was allowed and ratifyed by God himselfe, and that all Christyan commonwealthes had authoritye, yea obligation, to doe and followe the same when just occasyon shoulde be offred.

"All these pointes, I say, which are largly handled in the firste parte of this booke, C. A. did greately like and allowe of, and sayde that they were pointes both true and evidente in themselves, and substancyally proved by the auther of the booke; and for the sayde author not to exasperate any parte, houldeth himselfe in these generall tearmes and propositions onely, without descendinge to perticulers. C. A. was wonte to aply them to perticuler state and case of Englishe Catholiques in these our dayes, affirminge not onely they mighte use this libertye of admittinge or rejectinge the next pretender, whatsoever his tytle were by meanes of bloud, in respecte of his false religion. But moreover, that they were bounde in conscynce soe to doe, and that none mighte without committynge grevous synne, favour, further, ayde, or give consente to the admissyon of any Prince when the place should be voyde, that was knowne or justly suspected to be enimye to the Catholique Romayne faythe, or undoubtedly affected towards the same; and whosoever for worldly or humayne respectes, as countryshippes, kindred, freindshippe, proper intereste, or the like, should beare a contrary minde to this, did greatly offende God therin, and oughte not to be accompted a true and zealous Catholique; moreover, that all such as in our dayes or former tymes have followed the contrary courses in chosinge or admittinge ther princes, not respectinge God and his cause in the firste place, accordinge to goode conscyence, but followinge those humayne respectes above mentioned, have alwayes lightly receaved theire distructyon by those selfe same Princes whome soe corruptly they preferred; wherof C. A. would recounte often tymes more perticuler examples, and notable storyes both of our Country and of others round aboute us, and alwayes woulde conclude that whatsoever Englishman after soe longe a storme of heresye woulde not sticke onely and wholy to a knowne Catholique Prince for the next successyon, woulde adventure to followe other blinde, and broken hopes and respectes agayne was not worthy to have the name of opinion of a sounde Catholique, but either of a fonde or mallityous polliticke, and thus much for the firste parte of the booke.

"Touchinge the seconde parte, wherin the severall and perticuller titles of five royall houses or lyneages are discussed,—to witte, of the house of Scotland, Suffolke, Clarence, Britaigne, and Portugall; and they by the pretencions of all such perticuler persons as in our dayes doe or may pretende to the nexte successyon of Englande, by reason of the sayde houses; as namely the Kinge of Scottes, the lady Arbella in the house of Scotland, the Earle of Hertford's children, and the Earle of Darby in the house of Suffolke, and the Earle of Huntingdon and the Pooles in the house of Clarence, the lady Isabella, the Infanta of Spaine in the house of Bretaigne, and the Kinge of Spaine with the Dd of Parma and Braganza in the house of Portugall; of all these pointes, after dilligente readinge over and wayinge the booke, C. A., his opinyon was as followeth.—First, that ther was soe much sayde in this booke for and agaynst everye one of these five houses and the different pretenders that are in eache one therof, as in a very wise and learned man's judgment and conscyence was sufficyente to brede greate doubte which house hath the best tytle by neerenes and lawfulnes of bloud onely, all and every parte havinge probable reasons for itselfe and againste his adversarye, wherof he did inferre, that if the adversitye of religion where not in all these competitors such and soe greate as it is, yet might a good man for other lesser respectes and considerations of the whole publicke, make choise of any one of these house, or at the leastewise of the principalleste, with sufficyente reason to secure his conscyence for not doinge againste the right of successyon, the sayde righte beinge soe doubtfull and ambiguous as this auther doth prove it to be. Secondly, his judgmente was, that in respecte of restoringe or establishinge of the Catholique religion in our countrye, with other pointes therunto belonginge, much lesse doubte or scruple may there be, to choose, admitte, or refuse any one of these competitors which may be presumed woulde best performe the sayde establishmente of religion, and with lesse danger, trouble, warre, bloudshed, or dangers of our Countrye and common wealthe, wherunto princypally and onely, he would alwayes say, that good and wise oughte to have theire eye more then to other lesser respectes of fleshe and bloude. And whether the partie was borne at home or abroade, weare of kindred or the like, for that the former points of religion, equitye, wisdome, couradge, and vertue in a Christian prince, maketh his people and common wealthe happye, and not whether he was borne amongst them or noe, and consequently are more to be respected in admissyon or conclusyon of any competytors. And as for the severall tytles of these five houses, C. A. was wonte to saye that he would have wished with all his harte the like I have heard Mr. J. P. say alsoe, that seinge K. H. 7th was once placed in the Crowne, and had shewed himselffe a good Catholicke kinge, his yssue might have enjoyed the same for ever without any change or further examination of theire righte; but now forasmuch as through the haynous synnes as may be supposed of K. H. the 8, his ofspringe are fallen from the sayde Catholique religion, yt semeth God's most just judgmentes that ther tytles are called in questyon; and forasmuch as the tytle of Kinge H. 7th, of whome descended the twoe houses of Scotland and Suffolke, cometh but from John, Duke of Somersette, bastard sonne to John of Gaunte, Duke of Lancaster, by his thirde wife; and then the tytle of the house of Portugall cometh from Ladye Phillippe, eldest and lawfull daughter of the sayde John of Gaunte. And that moreover C. A. had perticuler intelligence which the author of the booke seemeth not to have knowne when he wrotte yt, that yt apeareth to this daye by the recordes of England that when the aforesayde John, Duke of Somersett, (of whome Kinge Henry the Seventh and his line descendeth) was legittymate by parliamente, expresse exceptyon was made that noe pretention therby should be given to him or his posterytie for the Crowne of England; for these reasons and many others which the author aleadgeth in his booke, it semeth to C. A. that if the cause of Portugall should be put before equall judges, it woulde be very doubtfull which party woulde gette the better. And for the house of Clarence C. A. never made any accompte of the tytle in comparison of the yssue of Kinge Henry the Seventh, seinge that they of Clarence onely doe pretende by the daughter of George, Duke of Clarence, of the house of Yorke, yonger brother to King Edward the Fourth, and the house of Scotlande and other yssue of King Henry the Seventh, descended of Elyzabeth, eldest daughter of the same Kinge Edward the Fourth, whoe was eldeste brother to Duke George; soe as in the very house of Yorke the lynes of Scotland and Suffolke doe goe evydently before that of Clarence; and thus for the tytles of those foure houses. Touchinge the fifte house of Britagnye and Fraunce, whose heire is the lady Infanta of Spaine, C. A., his opinyon was that much was sayde and pithely in the booke, and that the quallitie and circumstance of the personne pretendente doe greatly comend the pretence, for that all thinges considered, he did see noe other person in the worlde soe fitte to ende all controversies, to breake all difficultyes, and to avoyde all dangers on every syde, as if this lady should be agreed on of all handes to have her title established. This C. A. would prove by manie arguments, utillityes, and commodyties which he sayde woulde ensue by this meanes more then by any other, as alsoe by the difficultyes and damages of all other wayes, whatsoever should be devised. For firste, he was wonte to saye, that if the house of Portugall should be preferred, many difficultyes would be aboute the admittinge of the Kinge of Spaine, both for that the English, of what stocke soever, would not willingly yelde to have ther Crowne subjected to any other, nor would other Christyan princes rounde aboute like of that increase of soe greate a monarchye, and consequently there woulde followe much warre and bloudshed; for the Dukes of Parma and Braganza, which alsoe are of this house of Portugall, though they be worthie Princes, yet greate difficultyes doe seeme woulde followe, both for that they wante forces sufficyently to gette and defende soe greate a Crowne; as alsoe for that theire tytles to the successyon of Englande may seeme in parte to be decyded against them alreadye in the controversye that is paste of the Crowne of Portugall, though some men will saye that there is a difference in the state of these twoe successyons. In the house of Suffolke, that conteyneth the Earles of Hertforde and Darbye there are partely alsoe the same, and partly farre greater difficultyes; the same for that the powers are not like to be sufficyente for soe difficulte an enterprise, and farre greater, for that the tytles doe seeme evidently behinde that of Scotlande, which cometh of the eldeste daughter of King Henry the Seventh, and ther is onely of the yonger syde the impedimente of the religion, wherof I shall speake presentlye. There remayneth then onely the house of Scotland, and namely the Kinge's tytle, for of Arbellae's pretention C. A. never made any accompte at all, she beinge as is knowne of a seconde marryadge, and that intangled with many difficultyes and doubtes as the booke declareth; about which tytle of the Kinge of Scottes, C. A. was wonte to saye that albeyt for the causes above mentyoned of the quiet posessyon of Henry the Seventh, he was longe desirous that noe mutation should be made in this yssue, espetyally as longe as the Queene of Scottes lived, which was a knowne Catholique, and soe longe after her death as there was any hope of the reduction and conformitye of her sonne (nowe Kinge) to the Catholique faithe; upon which hope both C. A. and Mr. Fr. P. and other the freindes labored earnestly for his prefermente divers yeares together, yet afterwardes seinge the perseverance of the Kinge in his professyon of herysie, and consyderinge that havinge bin broughte up and nourished in the same from his tender yeares, though otherwise as it is thoughte of noe evill nature, it would be hard to expecte any sure or firme reduction in a prince of his yeares and libertye, and that of this one pointe notwithstandinge depended the whole good or distruction of our whole country and realme, C. A. beganne seriously to thinke better of the matter, and findinge by searche that the small obligation that he or other of the English nation have to this Kinge in respecte of his neernes of bloud above the reste as abondantly is shewed in this booke; and that on the other syde, conscyence did forbyd him to faver a pretendor of his religyon, what tytle or nerenes in bloud soever he had. For these causes and considerations C. A. changed his whole opinion in that behalfe; espetyally after divers learned and grave men of the Kinge's owne natyon which for many yeares had labored to doe him good every way, gave testymonye upon theire conscyences, they had noe hope or probabillitye lefte of his conversyon. And matters standinge thus, and beinge once brought within differency into this ballance of due consideration, ther offred themselves alsoe above and beyonde this, divers other pointes alsoe not unworthye to be wayed,—as for example, the hard and bricke combination or joyninge together of English and Scottes natures, customes, enclinations, and wills, under one Kinge, the dislike and repugnance that all other princes rounde aboute us would have that these kingdomes should be joyned in one, from which twoe fountaynes onely (if noe other difficultye were there) woulde never wante in matter both of endlesse strife from the firste of the twoe, neither helpe to encourage, continue, and maintayne the same from the second fountayne, which twoe ga.. inconveniences beinge joyned with the former, which is the greateste and chefeste of all others, that may be to witte, the King beinge soe hartely affected to heresye and drowned in the same, and soe allyed and entrapped every waye with heritiques that if he should for a shewe or for any temporall respecte, upon the perswasyons of some pollitique or Athiste, make countenance to be a Catholicke, ther could never be any true assurance had therof, nor hope of any sincere reformation by his meanes. All these considerations layde together in the brest of C. A., (that desired nothinge but the true honor and service of God, assurance of religion, and good of his Countrye), made him very pensive before his deathe, and to write many longe letteres of his owne hand to Mr. F. P. whoe then lay sicke, and finally after much musinge, and espetyally after he had much vewed and waighed well the reasons and discourses of this booke, he wholy thoughte to have changed his minde and to thinke of another surer course for the remedy of Englande. And it seemed that this cogitation was that if all other pretenders mighte be broughte to yelde to the tytle of the lady and Infanta of Spaine, noe waye nor meanes in the worlde coulde bee thoughte of, more sweete, agreable, and convenyente for all partyes and for all effects, for these reasons following. First, that she beinge the daughter and sister of whome she is, and of soe rare worthynes in her owne person as all the worlde talketh of, she could not be but indifferente and amyable unto all, neither coulde she wante sufficyente forces for her establishment and defence afterwardes, and beinge maryed with some noble Catholique prince such as the Kinge her father should like before of, and England not mislike, albeit in theire owne personnes they woulde be strangers unto us for a tyme, yet would that quickly passe awaye, and then children would be Inglishe borne, and themselves entringe not by force, but by love and composition, would hould peace with all, and be in feare and jelosie of none, which in other pretendors cannot be soe effected; they would attende alsoe principally to the assurance of Catholique religion as the grounde of theire estate, wheras others must needes doe the contrarye for houldinge ther freindes and partyes contented, and finally by this meanes all subjectyon to forrayne countryes or natyons should be avoyded, and England should gayne the power, ritches, and freindship of Spaine to asiste it in all needes, without perill of subjectyon to the same. And if any would objecte that the lady Infanta or her ofspringe may come to live to inherite the kingdome of Spaine if the prince should have noe yssue, and consequently bringe England under that crowne, as alsoe the princypall, C. A. would saye that provisoe might be made alsoe thus,—to witte, that in such case the seconde childe or nexte of bloud might remayne with the Crowne of England, and soe avoyde that conjunctyon or subordination; moreover he sayde that noe composition could be soe profitable or sure as this, for our domesticall competitors, who otherwise of all liklyhood must needs extirpate and destroy the one the other, and all would joyne together to vex and weary the Scotts if they should come in, to which ende and effecte they should never want partyes, neither at home nor from abroade, as by reason is evidente, and soe our country therby would become a continuall feilde of warre and bloudshedde. And wheras of all other pretenders the Kinge of Spaine is knowne to be most powerable, and hath noe small title by the house of Lancaster as by this booke apeareth, noe way can be thought of, soe fytte and forceable to apease and ende that tytle, as if nowe by way of composytion he should be perswaded (as perhaps he might) to passe the same over to his daughter the lady Infanta, as by all likelyhood he might be induced to doe with good likinge alsoe of the Prince his sonne, for the affectyon that both of these must nedes beare to this lady, and for endinge of strife amonge our nation, and benefitinge our countrye, yf his Majestie by conveniente meanes were delte with herin, as C. A. greatly wisheth he mighte.

"These were the prudente and godly cogitations of C. A. in his latter dayes, wherof much he conferred with divers of his confidente freindes, and namely with Mr. F. P. by letteres as before I have sayde, and was privie to the same, and doubt not but many of those letteres and discourses are forthcominge when tyme shall serve, and for that he understoode that some of our nation that live out of Ingland did take other courses and made a devision from the reste, either upon passyon or other perticuler respectes or humaine infirmityes, not entringe soe deply and sincearly into the true consideration what is beste for God's service, and assurance of Catholique religion, and for the perfecte reductyon of our countrye to peace, justice, and pietye, he was much greved therwith, and toke it for a dangerous and evidente deceipte of the divell to bring all therby to devisyon and dissolation, as alreadye we prove by the divisyon that was broughte in Queen Marie's tyme to certayne pernityous heades amonge the principall concerninge the successyon which some good people desired and labored to have established then. But yet his hope was that upon the sighte of this booke, such of our nation as are wise and truly Catholique, seinge by the libertye and disunion all wilbe destroyed, would joyne together and with him and his freindes, if he had layde in some good meanes for savinge themselves and ther countrye, which was his owne; but a finall ende with often and most earnest protestations to such as dealte with him in these affayres that he was led by noe jotte at all of affectyon or disaffectyon towardes any prince or pretender livinge, about this matter of the Crowne, but that absolutely and onely he desired that pretender to be preferred without all respectes of country, kindred, bloud, freindshippe, or other such circumstances, whoe mighte be presumed to be most fitte forr us, and by whome most assurance, hope, and probabillitye may be had of the former desired effectes of religion, justice, peace, good govermente, avoydinge of warre and bloudshed, sufficyente forces to defende us, union, love towards the people of our nation, meanes to help them, contentmente of princes rounde about us, and the like.

"And this is all in effecte that I can write to you, ... mente and censure aboute the booke of successyon, and ... pious and prudente desires concerninge all that affayre. Our sinne permitted not to have such a man continue amongste us, for puttinge soe importante designments in execution. And soe I cannot tell whether ever any of them were broken by him to the Pope, Kinge of Spaine, or other Prince to whome they mighte apertayne. And with this I make an ende, biddinge you most hartely farewell, and besechinge our Saviour to preserve you, and directe all this greate affayre of our next successyon to his greatest glorye, and most good of our afflicted countrye.

"Yours to commaunde,
"R. P."[5]

25.

A New Discourse of a stale subject, called the Metamorphosis of Ajax. Written by Misacmos to his friend and cosin, Philostilpnos. Printed 1596.

This curious book was written by Sir John Harington, and for so doing he was forbidden the court by Queen Elizabeth, and a license was refused for printing the work. Watt, Lowndes, and all Bibliographers bear testimony to its great rarity. Dr. Johnson in his Lives of the Poets, devotes a page to a consideration and description of this curious work. He says, These tracts are perhaps the first specimens of the Rabelaisian satire our language has to boast. They are replete with that kind of humour which distinguishes the writings of the French Lucian, and partake of their grossness. The extreme rarity of these once popular trifles renders it doubtful whether Swift or Sterne were acquainted with them; yet there are passages in the works of both these eccentric writers so strongly resembling some of Harington's as almost to induce a suspicion that they had seen them; this resemblance however, may have arisen from the circumstance of their being, like our author, imitations of Rabelais and the other French writers of facetiÆ.

Of the Metamorphosis of Ajax, the avowed purport is the description of a species of watercloset which Sir John Harington had invented and erected at Kelston, his seat near Bath; but he has contrived to make it the vehicle of much diverting matter, evincing his extensive reading; he has also interspersed numerous satiric touches and allusions to contemporary persons and events, many of which are now necessarily obscure, and which were no doubt one of the causes of its great popularity at the time of publication.

Elizabeth, however she might be diverted with the humour of this whimsical performance, is said to have conceived much disquiet on being told the author had aimed a shaft at Leicester. Its satiric tendency procured the writer many enemies; and it is supposed that he owed his good fortune in escaping a Star Chamber suit to the favour of the Queen, who yet affected to be much displeased, and forbade him the Court in consequence.

It was reprinted at the Chiswick press in 1814, from which edition some of the previous remarks are derived.

26.

Virgidemiarum, Sixe Bookes. First three Bookes, of Toothlesse Satyrs. 1.—Poeticall. 2.—Academicall. 3.—Morall. London, printed by Thomas Creede for Robert Dexter, 1597. (By Bishop Hall.)

Virgidemiarum. The three last bookes, of byting Satyres. Imprinted at London by Richard Braddocke for Robert Dexter, at the signe of the Brasen Serpent in Paule's Church Yard, 1598.

These are among the earliest Satires written in the English language, and were much admired, but the publication was ordered to be stayed at the press by the Archbishop of Canterbury and the Bishop of London, and such copies as could be found were to "bee presentlye broughte to the Bishop of London to be burnte." They were reprinted in 1824, with the illustrations of Rev. Thomas Warton and additional notes by Samuel Weller Singer.

27.

A pithie exhortation to her Majestie for establishing her successor to the Crowne. Whereunto is added a discourse containing the author's opinion of the true and lawfull successor to her Majestie. Both compiled by Peter Wentworth.

Dolman's (i.e., Father Parsons) objections to the succession of James I were ably refuted in this volume, and the claims of the Scottish King set forth with sound argument; yet for daring to advise his sovereign the author was committed to the Tower, where he shortly after died, and his book was ordered to be burnt by the hangman.

28.

All Ovid's Elegies: 3 Bookes. By C(hristopher) M(arlow). Epigrams by J(ohn) D(avis). At Middlebourgh. (1598.)

This volume was condemned and burnt at Stationer's Hall by an order of the Archbishop of Canterbury and the Bishop of London, dated June 1st, 1599.

29.

The Metamorphosis of Pigmalion's Image. And certaine Satyres. At London. Printed for Edmond Matts, and are to be sold at the signe of the Hand and Plough in Fleet street. 1598.

This book was written by John Marston. It is dedicated "To the World's mightie Monarch Good Opinion;" and the principal purpose of the author was to ridicule and to show the immorality and evil tendency of a class of poems then fashionable, and to which Shakespeare's "Venus and Adonis" belongs.

The main production consists of thirty nine six-line stanzas. The "certain Satires," four in number, and all written in couplets, follow, but the versification is sometimes harsh, and the rhyme frequently careless and defective.

Preceding the Satires is a Poem headed Reactio, wholly occupied by a vindication of the writers whom Hall had previously attacked in his "Virgidemiarum;" addressing that author, Marston exclaims:

"Vaine envious detractor from the good,

"What cynicke spirit stirreth in thy blood?

"Cannot a poore mistaken title scape,

"But thou must that unto thy Tumbrell scrape?"

and he subsequently adds four of the smoothest lines in his volume:

"So have I seene the March wind strive to fade

"The fairest hewe that art or nature made:

"So envy still doth barke at cleareste shine,

"And strives to staine heroyick acts devine."

The dedication to Good Opinion is subscribed W. K., the initials of William Kinsayder, the name under which Marston published his earlier productions.[6]

From the licentious character of this book the prelates Whitgift and Bancroft ordered its suppression and destruction soon after its appearance.

30.

The first part of the Life and Raigne of King Henry the IIII. Extending to the end of the first yeare of his raigne. Written by J. H. Imprinted at London by John Wolfe, and are to be solde at his shop in Pope's Head Alley, neere to the Exchange. 1599.

This book was written by Sir John Haywarde, L.L.D. It was dedicated in very encomiastic terms to the Earl of Essex, but it so highly irritated Queen Elizabeth, that proceedings were taken against the author as appears from the following documents.

Among the Domestic State Papers of the year 1600 are interrogatories by Lord Chief Justice Popham, to be administered to Dr. Hayward in these terms;

"To examyn hym who made the preface to the Reader.

"Wherein he conceaveth or ment that booke might be not onely patterns for pryvat dyreccion and for matters of state, to instruct young men more shortly and old men more fully?

"Where he hadd any warrant to sett down that Kyng H. the 2. never taxed the subject, or left 900000 li. in his coffers?

"In what poynt were the othes unlawful taken by R. the 2. of his subjects?

"When were any skattering forces sent in hys tyme into Ireland, and under whom, and what warrant hadd he to wryte so?

"What moved hym to sett down that any were in dysgrace for their servys there?

"What moved hym to sett down that the nobylyte were then hadd in contempt, or that they were but base that were culted about that Kyng?

"What moved hym to sett down that the subjects were bound for their servys to the state, and not to the person of the Kyng?

"What moved hym to maynteyn with arguments never mencyoned in the history, that yt myght be laweful for the subjects to depose the Kyng for any cause?

"What moved hym to add unto yt so many presidentes off that kynd in alowans thereof?

"What moved hym to alowe that ys well for comen weal that the Kyng is dead?

"What was the true caws of settyng forth this symple story in this tyme, and thus fortefyed with arguments to the worst sens, omytt every princypal poynt that made agaynst the Traytors or Rebelles?

"Myght he thynke that thys hystory, sett forth in sort as yt ys, wold not be very dangerous to come amongst the comon sort of people?

"Whom he made prevy to hys purpos of wrytyng thys hystory, and what alowans gave they of it, where and when?

"Who were the anymatters of you to sett forth thys story, and to what end?

"When did you fyrst resolve to sett forth this hystory, and where and at what tyme did you begynne yt?

"By what meanes came you to the records of these thyngs which you have sett down to have been done in that tyme?"[7]

Then follows an Epistle to the reader, vindicating the book from intending any attack on the present times; thus,

"Gentle Reader, thy frendly acceptance of these loose labors, the accompt of my idle howres, from exercises of greater profit and use, hath moved me, before I proceede any further, to overlooke and overlicke them once againe, as the beare is said to doe her unformed whelpes, and thereby both in portion and proportion to amend the same. I have purposely passed over many imputations, and some secrete sences, which the deepe searchers of our time have rather framed then found: partly upon the science of myne owne conscience, and partly seeing no reason wherefore they should be more applied to this booke then to the originall authors out of which it hath bene gathered, onely one offence I thought meete to meete with, and that is, concerning the rehearsall of certaine oppressions both unusuall and intollerable, and to no profitable purpose and end; which I heare to be hardly thought of and taken, not in regard of any moderate judgment, which may easily perceive how full it lyeth in the plaine path of the history, but for feare of some quarrellous conceites, which may interpret it to be meant of an other tyme (although nothing like) then that whereof it was reported; which in one degree of melancholy further, would imagine the very belles to sound whatsoever hammereth within their heads. For my part I am of opinion, that no imposition at any time have bene either hurtfull to a prince or hatefull to the people, except two qualities do concurre: first, that it be excessive,—secondly, that it be wildly and wastfully expended: for if the one fayle, it never seemeth greevous; if the other, not odious. But if it be both moderate and also necessary; or great, joyned with greatnesse and importancy of neede: it standeth neither with reason nor with religion, for any subject to repine against it. For the prince is a person of authority and trust, to imploy the goods of the people, for their common good, either in maintayning order among themselves, or in repelling the enterprises of their enemies: neyther can they possibly be preserved by the prince, if they withdraw theire owne endeavour and supply. And this the ancient wise men have endeavoured by a fable to make familiare; that all the parts of the body were once offended against the stomacke, for that they saw themselves vexed with perpetuall travayle and toyle, and the stomacke onely, not onely to be idle, but to consume all that they could provide. Hereupon they conspired together, that the hand should no more worke, nor the feete walke, nor the eye looke about, nor the mouth receyve, prepare, and send downe foode: so the stomacke not receyving nourishment, could not impart the same againe to every part of the body: whereby, first they languished and (being neere at the point to perish) at the last perceyved, that both their labour to get, and their liberality to geve, in appearance was for the stomacke, but in deede for themselves. This tale hath bene verified by many truthes, whereof I will rehearse one, and so not exceede the measure of an Epistle. When the Turke came against the city of Constantinople, the Emperour was not able to wage so many souldiers as might stand single upon the walles. Whereupon he often assembled the wealthy citizens, and sometymes went in person to their houses, leaving nothing undone or unsayd which might be of force to stirre in them either piety or pitty, both for the preservation of their country and frends, and for theire owne particuler safeties: but the miserable monymongers, being as loath to take benefit of their gold as if it had not bene their owne, buried it under the ground, and denyed that they were able to make contribution. So either for want or weakenes of resistance, the Turkes soone became masters of the city: who in their first fury set all the streetes on streame with bloud, and afterwards, covetousnes succeeding cruelty, they left no closet nor corner unransacked and unrifled, wherein missing their expected pray, they ripped the bellies and searched the bowels of their wretched captives: lastly they turned up the foundations of many thousand buildings, and there found such infinite masses of mony, as did strike them rather into a maze then into a merveylle, how so rich a city could possibly be taken. I would not wish the like mischance to our like dull and heavy conceyted repyners, which neyther see nor seeke any other thing but only the stuffing of their owne bags, because it cannot happen unto them without a greater and further mischiefe: but I could wish that they might be fitted as once were the Siracusans, upon whom when Dyonisius had imposed a contribution, they murmured and complayned, and denyed that they were able to beare that burthen; whereupon he encreased the imposition and they likewise their complaints, but Dyonisius ceased not to levy it upon them, untill he perceyved them eyther content by being reduced to their duety, or quiete by being drawne drye."[8]

The folowing is the confession of Dr. Hayward, made July the 11th, 1600.

11th July, 1600, at the Courte.

The confession of Doctor Heyward before the Lord Keper, the Lord Admirall, Mr. Secretary, and Mr. Chauncelor of the Eschequer.

"1. He confessed that the stories mencioned in the Archbishop's oration, tendinge to prove that deposers of kings and princes have had good successe, were not taken out of any other cronicle, but inserted by himselfe, but said that after in the history the Bishop of Carlile confuteth the same, but for the confutation the Bishop was committed to the Marshalsea, and the whole parlement concluded against the Bishop's opinion; and in troth in 1. H. 4. the Bishop of Carlile was attainted of treason.

"2. He confessed he had red of a Benevolence in the tyme of Richard 3. and not before, and yet that he inserted the same in the raigne of Richard 2.

"3. He said that as he toke it, the substaunce of the consultation for reducing the Irishe rebell, he had out of William of Malmesbury.

"4. He affirmed that presently after the booke was printed, Woolfe the printer thereof caried the same to the Erle of Essex, and about a moneth after the epistle was taken out.

"Edw. Coke."[9]

On July 13th, 1600, Wolfe the stationer was examined before Attorney General Coke respecting the printing of the book in question. The examination is as follows:—

"The examynacion of John Wolfe, Stacionour, taken before me, Edward Coke, Esquire, Her Majestie's Attorney Generall, this 13 of July, 1600.

"He sayth that Docter Hayward beinge a meere strainger to this examynant, cam to hym and requested hym to printe the booke intytuled "Henry the Fourth," which he did in Februarye, 1599. The booke havinge no epistell dedicatorye nor to the reader, when he brought yt firste unto hym, which this examynat desiringe to have, he this examynate requested hym to dedicatt the booke to some man of honour and reputacion; and uppon some conference hadd between them, this examynat praid hym yt might be dedicated to the Earle of Essex, for that he was a marciall man and was for to goe into Ireland, and the booke treated of Irishe causes. And this examynat sayth that within a day or twoe after, Docter Hayward delivered to this examynate the Epistelles to the Earle and to the reader; and the booke beinge fynished, Docter Hayward then beinge sicke, this examynate carryed the booke to the Earle of Essex, then preparinge to goe into Ireland: which the Earle receved, and givinge noe aunsweire, carryed the booke with hym into his chamber, which he taketh to be at Whytehall; and abought a fortnight or three weekes after, the wardens of the company receved order from my Lord of Caunterbury that the Epistell dedicated to the Earle should be cutt out.

"And further sayth that fyve or sixe hundred of them weire sould before any suche comaundment was gyven; for he sayth that never any booke was better sould or more desired that ever he printed then this book was; and sayth that out of the residew, (beinge five or six hundred) this examynat cut out the said Epistell and sould them also within verry short tyme after. And abought Easter tearme followinge, the people callinge exsedinglie for yt, this examynate obtayned a new edition of the said Docter Hayward wherein many thinges weire altered from the former, and yet the vollume incresed.

"And sayth further that Docter Hayward understandinge that many hade spoken agaynst this former edition hadd made an epistell apologeticall to sett to the second edition, as this examynate thinketh; and 15 hundred of these bookes beinge allmost fynished in the Whisson hollidayes, 1599, weire taken by the wardens of the Stacionours and delivered to the Lord Busshopp of London. And this examynate sayth that he dothe not remember the particuler allteracions which weire in the latter edition from the former, nor hathe not any of the said bookes, nor never finished nor sould any of the said bookes, nor cannot come by any of them. And this examynate sayth that the said appologie, as he thincketh, did tend to no other end then to satisfie the people of the author's meaninge in wrytinge the booke, and that the author said he ment not as some interprit yt. And this examynate sayth that the said Mr. Docter Hayward when he was tould by this examynate that some did fynde faulte with the former edition, he desired this examynate to intreat them that he might speak with them to knowe what they did mislike, to the intent that he might express his meaninge therein. And this examynate sayth that the people havinge dyvers tymes sythence called uppon hym for to procure the continewation of the same history by the same author, he hathe likewise intreated the same author to goe forward in wrytinge the said history, which he thincketh he hath don some parte of.

"This examynate sayth further that after the deliverye of the book to the Earle as aforesaid, he went three or four tymes within one fortnight after, by the Docter's consent, to the Earle, being at courte at Richmont, to lerne what the Earle would say to yt, but allwayes this examynat was putt of by some of the Earle's men with aunsweire the Earle was much busied aboute his voyage to Ireland. And so this examynate never spake with the Earle after the first deliverye of the bookes, and further sayth that all of the laste eddition weire burnt in my Lord of London's house; and sayth that the coppie nowe delivered uppon his examynacion is a trew coppie of the epistell appolegetticall, the orygenall whereof this examynat delivered to my Lord of London under Docter Haywarde's owne hand. And sayth that the orygenall of the first edition beinge interlyned and altered accordinge to the second edition, for so much as was don this examynate delivered to Mr. Barker, Register of the Highe Commyssion. And sayth that sithence the last edition was supprest, a great number have beene with this examynate to have bought the same. And sayth that he hadd no recompence or composition at alle for the printinge of the said first and last edition, but of his owne free will he gave some halfe dosen of the said bookes, whereof one was to the Earle and the other to the author. And this examynate sayth further that he was commytted fourteen dayes for the printinge of the last edition, and lost all the books of that edition.

"Examinatur per

"Edw. Coke.

John Wolf."[10]

On July 20th, 1600, Samuel Harsnett, examiner of the press, afterwards Bishop of Chichester, sent the following letter and petition to the Attorney General to excuse himself for having approved Hayward's book, thus:—

"Right worshipfull, I have not yet received eny bookes from my Lord of London, and so am not able to performe my taske in comparing them according to my promise. This for griefe of hart and confusion of face I am skarce able to write, that I shold be behinde hand to your most graciouse divine kindnesse towards me. I have sent myne aunswer enclosed, the onlie part of my dutye that I cold performe, moste humblie beseeching your goodnes to accept it in good part, and to be a father unto me as you have begunne. The God of Heven sees and knowes I am innocent; at casus leso numine crimen habet, my poore estate, my credit, my selfe, and more then my selfe doe hang uppon your graisouse countenance, for I muste crave pardon to tell an unmannerlie secrett: I have a poore weake gentlewoman my wife in childbed, who since your messanger his being at myne house did neither eat, nor drinke, nor sleape for fear, and yet I have twentie tymes reade over your most graciouse lettars unto her. The Lord of Heven requite you, for I and my poore frends shall never be able, and so with teares I humblie take my leave. From my poore house at Chigwell, this XXti of July, 1600.

"Your worship his bought
"and bounden servaunt,

"Sa. Harsnett."

"In moste humble wise complaininge sheweth unto your Worship your dailie Orator, Samuel Harsnett, that whereas the Author of a Pamphlet published in print in anno 1599, intituled the 'Raigne of King Henry the Fourth,' hath endevored to excuse his publishinge the sayd pamphlett, as being allowed and approved by your sayd Orator, it may please your worship in your grave wisdome to consider that this his allegation can be no colour of excuse unto him, in regard of these reasons ensuynge.

"Firste, for that it hath been custome and use for eny man that entended in good meaning to put a booke in print, the Author himselfe to present the booke unto the Examiner, and to acquaynt him with his scope and purpose in the same: the Author of this pamphlet concealed himselfe, and nether spake nor conferred with your Orator concerning this pamphlett, (notwithstanding we were both students togither in Pembroochall in Cambridge, and both of a tyme and standing in the colledge), but the Author delivered his pamphlet unto a gentleman in my Lord of London his house, who begged your Orator his approbation unto the same in the name of a cautel of our English chronicles phrased and flourished over onlie to shewe the Author his pretie witt.

"Secondlie, that whereas your Orator his approbation of eny booke whatsoever is but a leading and inducement to my Lord of London, my master, to passe his Lordship his further approbation to the same, without which his Lordship his further approbation your Orator his allowance is no sufficient warrant for the Author to prynt his booke: the Author of this pamphlett published his pamphlett without my Lord and master his approbation at all, contrarie to warrant in that behalfe.

"Thirdlie, the Author hath wronged your said Orator muche, and hath abused your Worship with false enformation, in alledging for himselfe that your Orator allowed his pamphlett as it was and is published in print; for that the Author knoweth in his conscience this is true, that when his pamphlett had mine approbation it was heddlesse, without epistle, preface, or dedication at all, which moved me to thinke it was a meer rhetorical exornation of a part of our Englishe historie to shewe the foyle of the Author his witt: and after myne approbation gotten thereunto, the Author foysted in an Epistle dedicatorie to the Earle of Essex, which I neither allowed nor sawe, and which if I had seen, I protest I shold never have allowed the rest of the pamphlett.

"Fourthlie, it may please your grave wisdome graciouslie to consider your Orator his mean condition and capacitie; that your sayd Orator is a poore Divine, unacquainted with bookes and arguments of state, and with consequenceis of that nature; that your Orator for ten or twelve yeares past neither spake with nor saluted the Author of this pamphlett, and so is cleer from privitye with his entendementes and overtures in the same; that your Orator sett to his hand sodeinlie as mooved by his freind, never reading (uppon his salvation) more then one page of the hedlesse pamphlet; for which his unadvised negligence he humblie beggeth your moste graciouse milder censure, that it may be no imputation of bad meaninge unto him, who doth dailie in his poore calinge, moste hartelie and zealouslie pray for the happinesse of Her sacred Majestie and the state, and for the longe continuance of Her Highnes most graciouse, blessed, divine government over us, and doth from the bottom of his hart wishe shame and dreadfull confusion upon all calumniators and underminers of the same.

"Your worship's moste humblie
"bounden Orator,

"Sa. Harsnett."[11]

On January 22nd, 1600/1, Hayward was, while in confinement in the Tower, further examined before Sir John Peyton and the Attorney General, thus:—

"The examination of John Heyward, Doctor at lawe, taken at the tower, this 22 of Jan., 1600.

"He confesseth that the preface to the reader was of his oune indightinge, and saith that he intitled the same under the letteres of A. P., as divers other wrighters had done in such like cases.

"He saith that he spake in his preface generally of histories; and being demaunded whether he intended not to applie the preface of his boke to his present historie, saith as before, he wrote his preface generally of all histories and intended no particular by itselfe.

"He saith that he read in Foxe's booke of Actes and monuments that King H. 2 never demaunded subsidie of his subjects, which he sett forth towards the end of the raigne of that Kinge, and there he found also that H. 2 after his death left in treasure nine hundred thousand poundes besides his jewels and plate, and being demaunded wherfore he inserted the same into the historie of H. 4, saith he taketh that to be lawfull for any historiographer to insert any historie of former tyme ynto that historie he wright, albeit no other historian of that matter have mencioned the same, and that libertie is allowed by Dionisius Hallicarnasseus.

"He sayth that the othe under hands and seales required and taken by R. 2, was to knowe what every particuler man was worthe, to thentent that they might be taxed thereafter; and no other othe was intended by this examinante.

"He sayth he found in Walsingham (as he remembreth) that the forces that were sent into Ireland by R. 2 were scattering and droppinge, &c., though not in those termes, yet to the like sence; and that those that did good service there were not rewarded with countenance, &c.,: and sure he is that he had it there eyther in wordes or by actions; and also that he gathered out of the actions of that Kinge recorded by Walsingham, that matters of peace were managed by menne of weakest sufficiency, by whose councell eyther ignorant or corrupt, &c.

"He sayth the complaynt of Hereford to Mowbrey, reported in other cronicles, do imply in sence that the kinge's councell accounted auncient nobilitie a vaine jest,—wealth and vertue the ready meanes to bring to destruction: which complaint is extant in Hall and Polidore Virgill and many other wrighters. He sayth that he read in Bodine and other authors that the subject was rather bounde to the state then to the person of the kinge, which he inserted as a matter spoken by the Earle of Derby and Duke Hereford to serve his owne tourne, which is a libertie used by all good wrighters of historie, and to invent reasons and speaches according to the matter; and saith that Bodin's distinction is that where the government is democraticall or aristocraticall, there the subject is bound to the state rather then to the person that beare the title of a prince, but where it is monarchicall, as in England, there the allegiance is to the person of the prince; and being demaunded wherfore he invented that the erle should speake so for that this government was monarchicall, sayth that he found but remembreth not where he spake to that purpose. And further saith that in the Bishops of Carlile's speache he hath sett down that distinction and confuted the error, and that he did of himselfe according to the example of the best historians; and being reprehended for mencioning of that matter at all, speciallie because the Erle that held the error prevailed, and the Bishop that confuted it was punished, sayth that he did it after the example of the best historians, that applie spechis according to the matter. He sayth he sett forth the oration of the B. of Caunterburie according to the matter he found in other authorities, but remember them not, and cannot affirme that he found those eight stories in any oration the archbishop made in any other cronicle, but saith as before that it is lawfull for an historian so to doe, and besides he confuteth the same, page 107 in the Bishop of Carlisle's speach, the last line of that page.

"He confesseth that he bringeth in as his own speach that it was not amisse in regard of the comonwelth that he (meaning King R. 2) was deade, yet they who caused his death, &c., which he sayed of himselfe for preventing of civil warres in respect of 2 concurrents or competitors. Being demanded what was the reason why he sett forth the orations of the B. of Caunterbury and the erle of Derby, seing that they tend to greate ill and to thinges most unlawfull, sayth that there can be nothing done, be it never so ill or unlawfull, but must have a shadowe, and every councell must be according to the action. He sayth that he selected out this single historie for that Hall beginneth there, and Ascham his scoolemaster commende that historie if it were well penned, before any other; and being demanded wherfore then he followed not Hall in his historie, sayth that he followed him but suplied it out of other histories, and had an intention as he saith to have continued the historie.

"And for the words spoken by King R. 2, that princes must not rule without limitation, &c., he affirmeth that to be a true opinion so it be rightlie understood, and that he intended that the same was not to be taken generally, but that princes were to be limitted by the lawe divine and the lawe of nature onlie; and being demaunded where he had the same, saith that it is about 3 yeres since the booke was written, and cannot remembere out of what author he toke it, but saith he fynd it in Bod. ... and in the body of the civill lawes, &c.

"And being asked where he had this sentence, that othes are comonlie spurned aside when they ly in the way to honur or reveng, saith that the speach is of his own, as thinges done de facto et non de jure. Being demaunded wherfore he added that King Richard II borowed money by privy seales, sayth that he thinketh he had it out of Walsingham.

"For benevolences he found the matter but doth not defende the woord.

"Being asked where he found the description of the erle to be not negligent to uncover the heode, to bowe the body, to stretch forth the necke and arme, &c., he saith that he found in Hall and others that he was of popular behavior, but for the particulars he tooke the libertie of the best wrighters of histories of that kynd.

"Also the descriptions of the erle in divers places of his historie he gathered out of his actions, and found the matter, not the verie forme of woordes, in any other, as farre as he can call to remembrance.[12]

"Being demanded, seing he wrote of matters of state and historie, what menne of state or others he acquainted with his historie before he published it, aunswereth that he wrote of an historie about 300 yeres past, and therfore he acquainted no person therwith before he brought it to the printer.

"He sayth he began to wright this historie about a yere before it was published, as he remembreth, but had the intent above a dussen yeres before, but acquainted no man therewith. He sayth that he had the articles and causes of deposition, the instrument of resignation, the deposition, and other wordes out Hall and Walsingham; and sayth that he had nothing of the printer for printing of the booke.[13]

"John Hayward.[14]

"John Peyton. Edw. Coke."

31.

The Letting Humor's Blood in the Head-vaine; with a new Morissco daunced by Seven Satyres upon the bottome of Diogenes' Tubbe. (1600.)

The Knave of Clubbs. 'Tis merry when Knaves meete. (1600.)

The author of these tracts was Samuel Rowlands, a prolific writer of the end of the sixteenth and early part of the succeeding century. He appears to have commenced his literary career in the year 1598 by the publication of a collection of sacred poems entitled "The Betraying of Christ, Judas in Despaire, the Seven Words of our Saviour on the Crosse, &c.," but soon found that humorous pieces were more saleable, and these being perhaps more suited to the bent of his mind, he changed his style accordingly.

The Knave of Clubbs upon its appearance in the year 1600 gave such offence, on account of the severity of its satire and the obviousness of its allusions, that an order was made that it should be burnt, first publicly, and afterwards in the Hall Kitchen of the Stationers' Company. The order is dated October 26, 1600, and is worded as follows: "Yt is ordered that the next court-day two bookes lately printed, th'one called The Letting of Humor's Blood in the Head Vayne, th'other A Mery Metinge, or 'tis mery when Knaves mete, shal be publiquely burnt, for that they conteyne matters unfytt to be published; then to be burnd in the Hall Kytchen, with other Popish bookes and thinges that were lately taken."

The first tract mentioned in the order as containing matters unfit to be published was one of the most popular of Rowlands' productions. It was originally printed under the title given above, but upon its condemnation by the Stationers' Company, the bookseller changed its title to "Humour's Ordinarie, where a man may be verie merrie and exceeding well used for his sixe-pence," and published an edition of it without date; but after the feeling had subsided in 1611, it again appeared with its original title, although the printer thought it prudent not to put his name on the title page. The Knave of Clubbs was reprinted and edited for the Percy Society in 1843 by Dr. Rimbault, and I am indebted to that gentleman's introduction for the preceding account of this curious book.

The Letting of Humor's Blood was reprinted in 1815 with an introduction and notes by Sir Walter Scott, who says of Rowland,

"It has been remarked, that his muse is seldom found in the best company; and to have become so well acquainted with the bullies, drunkards, gamesters, and cheats, whom he describes, he must have frequented the haunts of dissipation in which such characters are to be found. But the humorous descriptions of low life exhibited in his satires are more precious to antiquaries than more grave works, and those who make the manners of Shakespeare's age the subject of their study may better spare a better author than Samuel Rowlands."

32.

A discourse plainely proving the evident utilitie and urgent necessitie of the desired happie union of the two famous kingdomes of England and Scotland: by way of answer to certaine objections against the same. (By John Thornborough, Bishop of Bristol.) London, 1604.

The joiefull and blessed reuniting the two mighty and famous kingdomes, England and Scotland into their ancient name of Great Brittaine. By John Bristoll. Printed at Oxford. N. d.

On May 26th, 1604, the attention of the House of Commons was called to these books as tending to the derogation and scandal of the proceedings of that House in the matter of the Union, and a Committee was appointed to consider the heads of a message to be sent to the Lords touching the same, and on June 1st the Committee was named.

Shortly after this an inhibition from the Convocation House issued, and on June 21st, 1604, it was resolved "to pray conference touching the instrument read by the bishops at the late conference, taxing the intermeddling of this house in matters of religion." Also "to desire the submission of the Bishop in writing, to be delivered unto them publicly in the House, before the Lords; and that the books might be prohibited and suppressed."[15]

These books were both reprinted in one volume in the year 1641.

33.

Eastward Hoe. As it was playd in the Black-friers by the children of her Maiestie's Revels. Made by Geo. Chapman, Ben. Jonson, Joh. Marston. London, 1605.

It is said that for writing this comedy, wherein the authors were accused of reflecting on the Scots, they were committed to prison, and were in danger of losing their ears and noses. They however received pardons, and Jonson, on his release from prison, gave an entertainment to his friends, amongst whom were Camden and Selden. In the midst of the entertainment his mother drank to him, and showed him a paper of poison, which she intended to have given him in his liquor, having first taken a portion of it herself, if the sentence for his punishment had been executed.

34.

A relation of the state of religion, and with what hopes and policies it hath beene framed and is maintained in the severall states of these westerne parts of the world. (By Sir Edwin Sandys.) London, 1605.

This book was printed without any author's name, and generally passed as the production of Sir Edwin Sandys; but it appears from a subsequent edition published at the Hague in 1629, that the first impression of 1605 (at least so it is alleged) "was but a spurious stolne copy, in part epitomized, in part amplified, and throughout most shamefully falsified and false printed from the author's original, in so much, that the same knight was infinitely wronged thereby, and as soon as it came to his knowledge that such a thing was printed and passed under his name, he caused it (though somewhat late, when it seemes two impressions were for the most part vented) to be prohibited by authority, and as many as could be recovered to be deservedly burnt, with power also to punish the printers." This is referred to in a letter from Chamberlain to Carleton, of November 7th, 1605, preserved among the Domestic State Papers, where the writer says, "Sir Edwin Sandys' books burnt." There were subsequent editions in 1632, 1638, and 1687.

35.

The Interpreter, or Booke containing the signification of words: wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe writers, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. Collected by John Cowell, Doctor, and the King's Majestie's Professour of Civill Law in the Universitie of Cambridge. Cambridge, (1607.)

On February 24th, 1609, this book was referred to in the House of Commons by Sir Edwin Sandys, as "very unadvised and undiscreet; tending to the disreputation of the House, and power of the common laws;" and on the 27th of the same month a Committee was formed to consider the book and to report thereon to the Lords.[16] On March 25th, 1610, a proclamation was issued prohibiting the buying, uttering, or reading of this book, in these terms:—

"This latter age and tymes of the world wherein wee are fallen, is soe much given to verball profession, as well of religion as of all comendable morall virtues, but wanting the actions and deedes agreable to soe specious a profession, as it hath bredd such an unsaciable curiosity in manye men's speritts, and such an itching in the tonges and penns of most men, as nothing is left unsearched to the bottome, both in talking and writing. For, from the verie highest misteries in the Godhead, and the most inscrutable councells in the Trinitye, to the verie lowest pitt of hell, and the confused actions of the divills there, there is nothing nowe unsearched into by the curiositie of men's braynes; men not being contented with the knowledg of soe much of the will of God as it hath pleased him to reveale, but they will needes sitt with him in his most privie closett, and become privye of his most inscrutable councells, and therefore it is noe wonder that men in theis our dayes doe not spare to wade in all the depest misteries that belong to the persons or state of kinges or princes that are Gods upon earth, since wee see (as wee have alreadye saide) that they spare not God himself; and this license that everie talker or writer nowe assumeth to himself is come to this abuse, that manye Phormios will give councell to Hanniball, and manye men that never went out of the compasse of cloysters or colleges will freelie wade by their writings in the depest misteries of monarchie and politique government. Whereuppon it cannot otherwise fale out but that when men goe out of their element and meddle with thinges above their capacitie, themselves shall not onlie goe astray and stumble in darknes, but will misleade alsoe divers others with themselves into manye mistakings and errors, the proofe whereof we have lately had by a booke written by Doctor Cowell, called the Interpreter. For he being onlie a civillian by profession, and uppon that large ground of a kynd of dictionarie as it were, following the alphabet, haveing all kynd of purposes belonging to goverment and monarchie in his waye, by meddleing in matters above his reach he hath fallen in manye thinges to mistake and deceave himself; in some thinges disputing soe nicely uppon the misteries of this our monarchie that it may receave dubtfull interpretations, yea in some poynts verie derogatorie to the supreame power of this crowne; in other cases mistakeing the true state of the parliament of this kingdome and the fundamentall constitutions and priviledges thereof, and in some other poynts speaking unreverently of the comon lawe of England and of the workes of some of the most famous and antient judges therein; yt being a thinge utterlie unlawfull to anye subject to speake or write against that lawe under which he liveth, and which wee are sworne and are resolved to mayntayne. Wherefore uppon just considerations moveing us hereunto for preventing of the said errors and inconveniences in all tymes to come, wee doe hereby not onlie prohibitt the buying, uttering, or reading of the said bookes, but doe alsoe will and straightlie comaund all and singuler persons whatsoever whoe have or shall have anye of them in their handes or custodie, that uppon payne of our high displeasure and the consequence thereof, they doe deliver the same presentlie uppon this publication to the Lord Maior of London, yf they or anye of them be dwelling in or neere the said cittie, or otherwise to the Sheriff of the county where they or anye of them shall reside, and in the twoe universities to the Chauncellor our Vicechauncellor there, to the intent that further order maye be given for the utter suppressing thereof. And because there shalbe better oversight of bookes of all sortes before they come to the presse, wee have resolved to make choice of commissioners that shall looke more narrowlie into the nature of all those thinges that shalbe putt to the presse either concerning our authoritie royall, or concerning our goverment or the lawes of our kingdome, from whom a more strict accompt shalbe yelded unto us then hath beene used heretofore. Witnes our selfe at Westminster, the fyve and twentith daye of March.

"Per ipsum regem.[17]"

36.

The Lord Coke his speech and charge. With a discoverie of the abuses and corruption of officers. London, 1607.

This charge was given by Lord Coke at the Assizes held in Norwich on the fourth of August, 1606, and it was printed in the next year with an epistle dedicatory to the Earl of Exeter by R. P[ricket]. It was suppressed the day after publication, as appears from a letter of John Chamberlain to Dudley Carleton, dated Feb. 13, 1607.[18]

37.

The Argument of Master Nicholas Fuller, in the case of Thomas Lad and Richard Maunsell his clients. Wherein it is plainely proved that the Ecclesiasticall Commissioners have no power, by vertue of their commission, to imprison, to put to the oath ex officio, or to fine any of his Majestie's subjects. Imprinted 1607.

For writing this book, Nicholas Fuller, a barrister of Gray's Inn, was imprisoned by Archbishop Bancroft, and several notices of him appear in the Domestic State Papers.

In a letter from Carleton to Chamberlain of September 16th, 1607, the writer says, "The king went to Lambeth to encourage the Archbishop to proceed against Nicholas Fuller." Chamberlain writing to Carleton on December 30th, 1607, says that "Mr. Fuller has paid his fine, but submissions are expected which he cannot digest;" and again in a letter of January 5th, 1608, he says that "Fuller the puritan is freed."[19] This scarcely tallies with another account of Fuller, which says that on his imprisonment by Archbishop Bancroft, he remained in durance, and so died on February 23rd, 1619, aged 76 years.

38.

Conrad Vorst, The Works of.

Vorst was a celebrated Arminian divine. He was born at Cologne in 1569, and became Professor of Theology at Leyden in 1610; of which he was deprived in 1619 in consequence of a decision of the Synod of Dort. He died in 1622. In 1611 his books were publicly burnt in St. Paul's Churchyard and both the Universities by the King's order.[20]

39.

Francis Suarez, The Works of.

Suarez was a Spanish Jesuit. On Sunday, November 21st, 1613, some books of this author derogatory to princes were publicly burnt at Paul's Cross.[21]

40.

A book without title or date, but plainly of Catholic tendency. Written by John Cotton, 1613.

I have not been able to meet with a copy of this book, but the following extract from a letter from Rev. Thomas Lorkin to Sir Thomas Puckering, dated June 24th, 1613[22] furnishes a brief notice of the author, and the proceedings against him for this publication.

"There hath lately come forth a proclamation against one Cotton, a west country gentleman and a great recusant, charging him with high treason against the King and state for having published a very scandalous and railing book against his Majesty; and promising a very large reward to whosoever could apprehend him and bring him in. At the very self same time, this Cotton being to cross the Thames and enquiring of the watermen what news, they not knowing the man told him what was newly happened concerning himself. Whereupon being landed, he muffled himself in his cloak, thinking thereby to pass unknown to any of his acquaintance that he might haply meet. But he had not passed thence many paces when one Maine, a follower sometimes of the late Lord of Devonshire, and a sure friend of his, meeting him in the street and discovering well what he was, warned him likewise of danger, with protestation nevertheless not to make any benefit of the discovery of his friend, but wishing him to provide for his own safety. Thereupon Cotton demanding his opinion what he thought fittest to be done, he advised him to submit himself to the king's mercy: whose counsel he followed, and presently went and surrendered himself into my Lord of Southampton's hands, and so rests at his Majesty's mercy."

And in another letter from Lorkin to Sir Thomas Puckering, of June 30th, 1613,[23] the writer says "My last letters advertized you of what had lately happened concerning Cotton, who yielding himself to the king's clemency, doth nevertheless utterly disavow the book, and constantly denieth to be the author of it, Hereupon his study hath been searched, and there divers papers found, containing many several pieces of the said book, and (which renders the man more odious) certain relics of the late saints of the gunpowder treason, as one of Digby's fingers, Percy's toe, some other part either of Catesby or Rookwood (whether I well remember not) with the addition of a piece of one of Peter Lambert's ribs, to make up the full mess of them. If the proofs which are against him will not extend to the touching of his life, at least they will serve to work him either misery and affliction enough."

The following is a copy of the proclamation for the apprehension of Cotton:—

"By the King.

"A proclamation for the search and apprehension of John Cotton, Esquire.

"Whereas John Cotton of Warblington, otherwise of Subberton, in the Countie of Southhampton, Esquire, is by sundry strong and vehement presumptions, discovered to have committed matter full of very strange and execrable high treasons, against our person and state; and the same John Cotton (as it should appeare by all circumstances) hath, upon a guiltie conscience, and some privie intelligence of search intended for him, fled from his house and dwelling, and lurketh or wandreth in unknowen places; although it standeth not with the course of justice to condemne any man unheard, yet for that the presumptions and proofes appeare to be so forcible against him, as if after this publique notice, he shall not forthwith come in, and render himselfe, we shall have iust cause to conclude him guiltie; we have thought fit, (besides our more secret directions) to have recourse to the industrie and love of our people, which never failed us, in any case that concerned our safetie or honour, for his bringing forth or apprehension.

"Wherefore wee doe charge and command all our Justices, Mayors, Sheriffes, Bayliffes, Headboroughs, and Constables, and also all officers of our ports, to doe their best and utmost endeavours, to search for, and apprehend the said John Cotton; (of whom, for the better informing of those that know not his person, wee have caused a description to be hereunto annexed.) And doe neverthelesse require all our loving subiects, not only to be aiding and assisting to our said officers therein, but likewise to use their owne particular diligence, care, and industrie, aswell for the finding out and apprehending of the said John Cotton, as for the giving intelligence and advertisement unto any of our justices or officers, where hee hath beene at any time lately seene or met, or otherwise where there is any likelyhood that he should harbour, repaire, or be received.

"And for the better encouragement of our loving subiects to doe their duety in this case (which wee take so much to heart) wee doe hereby declare, signifie and promise, that whosoever shall apprehend and bring into the hands of any our officers of justice, the person of the said John Cotton living, shall have for his reward the summe of one thousand crownes.

"And on the other side, if any of our subjects shall voluntarily receive, harbour, convey, favour, or conceale the said John Cotton, wee doe signifie unto them all, that we shall account them as partakers, and abettors of the said treasons: and if any of our officers, or others shall neglect or let passe any opportunitie, occasion, or meanes for the performance, or executing of their duety in this behalfe, we shall proceede against such persons to their condigne punishment with all severitie according to our lawes.

"Given at our Palace of Westminster the eleventh day of June, in the eleventh yeere of our reigne of Great Britaine, France, and Ireland.

"God save the King.

"John Cotton is of the age of fourtie eight yeeres, or thereabouts, of a reasonable tall stature, slender of body, the haire of his head and beard flaxen, but now inclining to white, well complexioned, with somewhat a long and leane visage.

"¶ Imprinted at London by Robert Barker, Printer to the King's most excellent Maiestie.

"M.DC.XIII."[24]

41.

Abuses stript and whipt, or Satirical Essayes. By George Wyther. London, 1613.

For this publication Wyther was committed to the Marshalsea, where he remained several months.

42.

A book without title or date, written by Edmund Peacham, containing a libel on the Bishop of Bath and Wells, and other libels. Circa 1614.

For writing this book Edmund Peacham, Rector of Hinton St. George, in the county of Somerset, was deprived of his living by the Ecclesiastical Commissioners on December 19th, 1614.[25] On the 18th January, 1615, Mr. Secretary Winwood, the Master of the Rolls, the Lieutenant of the Tower, and others, were directed by the Council to examine Peacham, then imprisoned in the Tower, respecting his authorship of a treasonable book, and if he should be obstinate in refusing to give needful information, to use the manacles. In a letter from Chamberlain to Carleton of February 9th, 1615, Peacham was said to have been racked, but nothing could be got from him; and the king was much incensed against him. Most of the judges concurred in finding his case treason. He was tried and condemned for high treason in the course of the year 1615, and sentenced to be hanged, drawn, and quartered, but he died in Taunton gaol in the early part of the year 1616, as appears in a letter from Chamberlain to Carleton of March 27, 1616.[26]

43.

History of the World. By Sir Walter Raleigh, 1614.

This book was called in "for too free censuring of princes."[27]

44.

De Politia EcclesiÆ AnglicanÆ. By Richard Mockett, D.D. London, 1616.

This publication fell under censure because it favoured the Calvinists. Dr. Mockett's intention was to give foreign churches a fair notion of the doctrines of the English church; and for that purpose he had translated the Prayer Book into Latin, adding Jewel's Apology and Nowell's Catechism. But in his translation of the Articles he had omitted the latter part, which sets forth the power of the church in rites and ceremonies and in controversies of faith. Besides this, instead of printing the Homilies at length, he had given an abbreviation of them, not fairly representing the opinions of this church; and moreover, in a treatise of his own, he had not given the see of Winchester precedence over all others next to London, but only over those whose bishops were not privy councillors. Dr. Montagu, Bishop of Winchester, was at that time on bad terms with Archbishop Abbot, whose chaplain Dr. Mockett was; the king was appealed to; and the result was a public edict by which the book was ordered to be burnt.[28]

45.

A Bride Bush, or a Wedding Sermon, compendiously describing the duties of married persons. By the Rev. William Whately. London, 1617.

This sermon occasioned much controversy, and caused the preacher to be summoned before the Court of High Commission, but he finally submitted to the authority of the Court, and on May 4th, 1621, signed a formal recantation of the assertions in his book "that either adultery or long desertion dissolves marriage." This submission is preserved among the Domestic State Papers of the period, and is endorsed by Archbishop Laud.[29]

46.

A Book without title or date. By John Wraynham. Circa, 1618.

This book, of which I have not been able to meet with a copy, appears to contain an attack on the Lord Chancellor, accusing him of injustice in a chancery suit, and also slanderous words towards the king. For its publication Mr. Wraynham was cited into the Star Chamber, and received a severe sentence, which was however, through the instrumentality of the Chancellor himself, reversed, as appears from the following pardon preserved among the State Papers, and dated July 16th, 1619. "Grant to John Wraynham, at intercession of the Lord Chancellor, of pardon of the sentence of imprisonment for life, fine of £1000, standing in the pillory, loss of his ears, &c., to which he was condemned by the Star Chamber, for presenting a slanderous petition to the King against the Lord Chancellor, who decided a cause against him; also of pardon for putting his case and proofs into a book, with an epistle to the King, and an epilogue, in which were slanders and insolencies both against His Majesty and the Chancellor."

47.

Balaam's Ass. Circa 1619.

Speculum Regale. Circa 1619.

These two books were written by John Williams, Esquire, of Essex, barrister of the Middle Temple, who had been expelled the House of Commons on account of his being a Roman Catholic, and in them he affirmed that the king would die in the year 1621, grounded upon the prophecy of Daniel. These books Williams at his trial told the court were enclosed in a box sealed up, and thus secretly conveyed to the king; and were never printed or published. On May 3rd, 1619, he was arraigned at the King's Bench, Westminster, for this libel, and condemned to be hanged, drawn, and quartered, which sentence was carried out two days afterwards over against the Mews at Charing Cross.

Two manuscript copies of Balaam's Ass are extant, one in the University Library of Cambridge (Dd. III, 84, art. 2), and another in the Lansdowne M.S., No. 213, p. 59. It is entitled "Balaam's Asse, or a Free Discourse touching the Murmurs and Feared Discontents of the Time, and directed to his then Majestie King James, by way of Humble Advertisement."

Among the manuscripts in the Cambridge University Library is a duodecimo (class mark Ii, vi. 51), written in a hand of the seventeenth century, containing "Notes of cases in the Star Chamber, 17-20 James I." On the last leaf is written the following, in the same hand:—

"A parcel of a pamphlett cast in the courte by Williams, bearinge the title of Balaam's Ass, for which he were after executed.

"4 letters doe the persoun shewe,

"The place, the tymes, the tymes of woe.

H. E. E. I.

"H. sheweth the churche's first deflection,

"E. brought the churche to large protection,

"E. gave a woman churche subjection,

"I. shewes sinn ripe and at perfectione.

"Now putt together, 3, they crie,

"Alas, 'twas hee,—the 4th, 'twas I.

"Thus these 4 letters shewe the fall

"Of them and of their generall.

"Advesperascit vita mea:

"Domine, suscipe vitam meam:

"Post has tenebas spero lucem."

These four letters evidently designate Henry, Edward, Elizabeth, and James.

The copy of Balaam's Ass in the Cambridge University Library consists of forty eight pages of small folio, neatly written in a hand of the seventeenth century.[30]

The following account of Williams's execution is taken from the State Papers of the period.[31]

"Immediatly upon his comming to the gybbett, hee ascended up the ladder, where, turning his face to the people, hee first began with a hearty prayre for the longe lyfe and prosperous raigne of the King, and then hee proceeded to the acknowledgment of his fault, saying that hee had bin too buisy and sawcy with his majesty, and that hee was heartily sory for that hee had so much offended and distasted the King in wryteing that booke, which hee was ledd to doe out of an inconsiderate love to his contry; then hee told Mr. Dean and Mr. Fanshaw who told him that confession was not answerable to his offence that hee wold gladly speak and express him self in any thing they doubted of, wherupon Mr. Fanshaw demaunded of him if there were noe more of them bookes abroad; to which hee protested that there was not an other booke nor a peece of itt in the world besydes that. Hee questioned him further why hee wrote an Epistle to his Contrymen; he said, because it might come the sooner to his majestie's veiwe: and why he wrote a Propesy in his booke of the desolation of Whytehall, wherin he tooke upon him to tell so precyzely the year, the month, and the day, when the sayd howse shold be ruyened; to which hee aunswered, that hee hoped they wold not thinke him so fond as to conceave himself to be illuminated with any divine or propheticall spiritt, but that which hee wrote was Ironiee. Then he fell to clear himself of an imputation ... upon him yesterday that hee was an Atheist, by reason of a passage in his booke, but hee professed himself to bee a right Romayne Catholicke, and that his fayth was, that he hoped to be saved cheifly and more effectually by the blood of our Saviour shed for his sins; to which Mr. Dean answered that hee ought absolutely to relye upon the death and passion of our Saviour, and alleadged a place in Saint John that noe man cold come to the Father but by the Son only, wherupon hee demanded that if they wold have him make repetition of his fayth againe ... was the same as before hee wold. Mr. Dean told him that they wold willingly joyne with him in his prayres to God, hee said hee had done his devotions ere he came to that place, and so gave the executioner a handkerchef, which hee tyed about his head, and whylst hee was so doeing hee prayed in Latin, and pulling the handkercheif over his eyes hee said, 'Post tenebras spero lucem,' and so dyed."

48.

David ParÆus, D.D., The Works of.

In June, 1622, the works of this writer were burnt at Paul's Cross by order of the Privy Council. They were also burnt at Oxford by order of the University, as seditious; and at a Senate of the University of Cambridge they were "condemned to eternal infamy," and forbidden to be read.[32] ParÆus was a celebrated Calvinistic divine of the Reformed Church. He was born in Silesia in 1548, and died in 1622, having been Professor in the University of Heidelberg.

49.

Mercurius Gallo Belgicus. 1623.

A set of this publication is in the Library of the British Museum, but the volume containing the year 1623 is unfortunately missing. One of the numbers published in October, 1623, seems to have contained objectionable matter concerning the King, for on the 18th of that month the Lord Keeper addressed the following letter to Mr. Secretary Conway:

"Mr. Secretarie,

"Reading since supper this Mercurius Gallo Bellgicus which heere with all I send unto you, I finde a passage about the 35th page thereof soe full of falsehoodes and indignities towardes his Majestie, that (although I knowe what a despicable esteeme this author hath borne for manie yeares together), yet doe I hold yt, in my poore discretion, verie unfitt that this discourse should be borne in the handes and tost in the mouthes of his Majestie's subjectes.

"I have therefore this night staied the further publishinge of this booke by my expresse warrant untill I shall receive your doome from thence, whether yt be to be contemned and past over or finallie to be suppressed; I shall desire you to write unto me two wordes heerein. And soe I bidd you hartelie farewell, and rest

"Westminster Colledge,
"18 October, 1623.

"Your verie assured "Lovinge frend and servant, "Jo. Lincoln C(ustos) S(igilli)."[33]

On the 25th October, Secretary Conway wrote in answer to the Lord Keeper to instruct him to restrain this publication. (See Domestic State Papers of the period.)

50.

A demonstration of the unlawful succession of the new Emperor, Ferdinand. 1623.

This was a tract sheet printed by William Stansby for Nathaniel Butter, bookseller, for which the Stationers' Company, by warrant from the Council, nailed up Stansby's printing house, and broke down his presses. He petitioned Secretary Calvert for pardon and restoration to his business, but the result does not appear.[34]

51.

Vox Coeli, or Newes from Heaven, of a Consultation there held by the High and Mighty Princes, King Henry 8, King Edward 6, Prince Henry, Queene Mary, Queene Elizabeth, and Queene Anne; wherein Spaine's ambition and treacheries to most kingdomes and free estates of Europe are unmask'd and truly repesented, but more particularly towards England, and now more especially under the pretended match of Prince Charles with the Infanta Dona Maria. Whereunto is annexed two letters written by Queene Mary from Heaven, the one to Count Gondomar, the ambassadour of Spaine, the other to all the Roman Catholiques of England. Written by S.R.N.I. Printed in Elisium. 1624.

VotivÆ AngliÆ, or the desires and wishes of England. Contayned in a patheticall discourse, presented to the King on New Yeares Day last. Wherein are unfolded and represented manie strong reasons, and true and solide motives, to perswade his Majestie to drawe his royall sword, for the restoring of the Pallatynat and Electorat to his sonne in lawe Prince Fredericke, to his onlie daughter the Ladie Elizabeth, and theyr Princelie Issue, against the treacherous usurpation and formidable ambition and power of the Emperour, the King of Spayne, and the Duke of Bavaria, whoe unjustlie possesse and detayne the same. Together with some aphorismes returned (with a large interest) to the Pope, in answer of his. Written by S.R.N.I. Printed at Utrecht, MDCXXIIII.

These books were written by Mr. Reynolds, Viscount Fielding's tutor, and for so doing he was imprisoned. They displeased the king much.[35]

In a letter from John Locke to Carleton, dated July 11th, 1624, the writer says "A poor man is in trouble for printing a book called Votiva AngliÆ; the Commission Court were about to liberate him, when the king ordered him to be remanded and to pay £1000 fine, as he was said to have gained £1000 by the book."

In or about the year 1626, Reynolds, who was then a prisoner in the Fleet, addressed a petition to the Council in which he stated that he was forced from France by order of the late king, and on his arrival in England was committed to prison for being the author of the "Votiva AngliÆ," in which he deplored the loss of the Palatinate, and desired its restitution, which "every true hearted Englishman ought to wish and pray for;" and that he had been imprisoned full two years, during which time he incurred a debt of £300 for his maintenance; also that he owed sixty and odd pounds for which he was surety, and was threatened to be arrested for the same as soon as he was at liberty; and he concludes by praying for protection against arrest for one year.[36]

52.

A game at Chaess, as it was acted nine days together at the Globe on the Banks side. (By Thomas Middleton.) 1624.

The title is engraved, and contains figures of a fat bishop (the Bishop of Spalatro), a black knight (Count Gondomar), and a white knight (the Duke of Buckingham). For writing this play the author was committed to prison. In a letter written by Sir Francis Nethersole on August 14th, 1624, he refers to this play thus: "A new play, the plot of which is a game of chess, in which the whole Spanish business is taken up, and Gondomar brought on to the stage, is so popular that the players gain £100 a night."[37]

This play gave great offence to the king, for the players were very speedily called before the Council and forbidden to play until they had appeared before his majesty;[38] and on August 21st the Council sent the following letter to Secretary Conway.

"After our verie heartie comendacions according to his majesty's pleasure signified to this Board by your letter of the 12th of August, touching the suppressing of a scandalous comedie acted by the king's players, wee have called before us some of the principall Actors and demaunded of them by what lycence and authoritie they have presumed to act the same, in answer whereunto they produced a booke being an orriginall and perfect coppie thereof (as they affirmed) seene and allowed by Sir Henry Herbert, Knight, Master of the Revells, under his owne hand and subscribed in the last page of the said booke. We demaunding further whether there were no other partes or passages represented on the stage, then those expressely contained in the booke, they confidentlie protested they added or varied from the same nothing at all. The Poett they tell us is one Midleton, who shifting out of the way and not attending the Board with the rest as was expected, wee have given warrant to a messinger for the apprehending of him. To those that were before us, we gave a round and sharpe reprooffe, making them sensible of his Majesty's high displeasure herein, giving them strict charge and commaund that they presume not to act the said commedie any more, nor that they suffer any other play or enterlude whatsoever to be acted by them or any of their company untill his Majesty's pleasure be further knowne. Wee have caused them likewise to enter into bond for their attendance upon the Board whensoever they shalbe called; as for our certifieing to his Majestie (as was intimated by your letter) what passages in the said comedie we should finde to be offensive and scandalous, wee have thought it our duties for his Majesty's clearer informacion to send herewithall the booke it self, subscribed as aforesaid by the Master of the Revells, that so either your self or some other whom his Majestie shall appoint to peruse the same, may see the passages themselves out of the orriginall, and call Sir Henry Herbert before you to know a reason of his lycenceing thereof, who (as we are given to understand) is now attending at court. So having done as much as we conceived agreable with our duties in conformitie to his Majestie's royall commaundementes and that which we hope shall give him full satisfaction, we shall continue our humble praiers to Almightie God for his health and safetie, and bid yow verie heartilie farewell. From Whitehall the 21st of August, 1624.

Your assured verie loving freindes,

G. Cant.
Th. Grandisone.

Arundell and Surrey.
Arthure Chichester.
Geo. Calvert."[39]

53.

Appello CÆsarem. A just Appeale from two unjust Informers. By Richard Mountagu. London. 1625.

For writing this book, Mr. Richard Mountagu, Canon of Windsor, Fellow of Eton, Rector of Stamford Rivers, and Chaplain in ordinary to his Majesty was brought to the bar of the House of Commons on July 7th, 1625, and articles were exhibited against him, but proceedings were dropped.[40] On January 17th, 1628, the book was called in and suppressed by a proclamation of which the following is a copy:—

A proclamation for the suppressing of a booke intituled Appello CÆsarem, or An Appeale to CÆsar.

"Whereas Wee out of our care to conserve and maintaine the church committed to our charge in the unity of true religion and the bond of peace, and not to suffer unnecessary disputes, which may trouble the quiet both of Church and State, have lately caused the Articles of Religion to bee reprinted, as a rule for avoyding of diversities of opinion, and for the establishing of consent in true religion; we, continuing our desire to compasse this wished effect, and considering that the booke written by Richard Montague, now Bishop of Chichester, then but Batchelor of Divinitie, intituled (Appello CÆsarem or An Appeale to CÆsar) and published in the yeere (1625), was the first cause of those disputes and differences which have sithence much troubled the quiet of the church, have thought it fitting to take away the occasion by calling in the said booke; and therfore we doe hereby will and straightly command all and singular persons whatsoever, who have or shall have any of them in their hands or custodie, that upon paine of our high displeasure and the consequence thereof, they doe deliver the same presently upon this publication to the Lord Bishop of the diocesse, or his chancellor, if it bee out of the Universities, or if it be in either of the two Universities, to the Chancellor or Vice-Chancellor there, whom wee straightly command to suppresse the same; hoping thereby, that men will no more trouble themselves with these unnecessary questions, the first occasion being taken away. But if wee shall bee deceived in this our expectation, and that by reading, preaching, or making bookes, either pro or contra, concerning these differences, men begin anew to dispute, wee shall take such order with them and those bookes, that they shall wish they had never thought upon these needlesse controversies.

Given at our Court at White-Hall, the seventeenth day of January, in the fourth yeere of our reigne, of Great Britaine, France, and Ireland.

God save the King.

Imprinted at London by Bonham Norton and John Bill, printers to the King's most Excellent Majestie. MDCXXVIII."

                                                                                                                                                                                                                                                                                                           

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