Part I.]

[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 pœnas 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:

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

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.